New-York tribune., 1907-12-24
UPHOLDS CONSTITUTION
.JITSTICE HARLAN'S TIEW.
Tells Kentuckians to Move IN "Otd
Paths" Made by Our Fathers.

Paths" Made by Our Fathers.
Not often in the life of a man do honors come
to him in the multiplicity that they were sho"ereu
on Justice John Marshall Harlan of the Un1teo
States Supreme Court, at the dinner OF Inc MI
tuckians'' at the Hotel Plaza last night Men OF
national reputation in craftsmanship ana JuiiS
prudence. of whom were not sons OF 'i'e
state of Kentucky. paid warm tribute 10 the JuIIs'
and the man. and from different parts OF the~
countrv came letters and kilograms vocing the
same sentiments of respect. praise and adnlira-
ton. Some of these communications came Iioih
men who stand the head of the nation lnciuo-
ing President Roosevelt. Vice-President FalroanKS'
Secretary Taft, Governor Hushes anu SP
Cannon. 81,
There also deeper significance IN ihe uih
ner than the usual entertainment or guest oi
honor which Justice Harlan was last night III
fact its significance was manifold Tor IL NOT oi'y
was in commemoration of the thirteth anniversary
os J,st,cs Fsrlan's service the Supreme court
bench but it also marked the hfty-second ann
yersary of his marriage to the gray haireo " .a
who was an interested spectator IN one Vi INC
boxes The dinner also was the vehicle Oh an a.-
Sc b Iustice Harlan on the Constitution. Its
mower and IMPORTANCE the functions of the feoerai
government and the question or states rlsn'
was masterful document. that could einaiiale 'ly
FROM, one thoroughly versed in the constltu'iohai
,avs of the United States. and it made deep I'M
r,-assIon ON those who heard IL. Justice Iialdii
made no effort oratory. He dehVereu hs ',
in q judicial. argumentatiVe manner. iio -.
those who, he said seemed to cultivate the h'piI M
OF predicting disaster, for WHICH, ''o '
no occasion for alarm ,-r,
.,,ericaps he said, will take care that no hafh'
comes 10 the country for they know "ha' !" w
when prudence and patriotism denahu' ~. -
pie Justice Harlan said. are more deter nii -
ever TO maintain both national and state rights as
those rights exist under lhe oHioii
Constitution.
The letter from President Roosevelt read;
The White House.
washington; Itro1Hb M0yi %a X3,i: i' my
heartiest good wishes to the diners asa esteem
and good will to that fine old American RaIsn Rato1
that admirable public servant, JustIc m nubIic life
and private stood for what is basTe hisReS1 e y,
SiHSaTst6} THE6DoRE ORE ROOSEVELT.
covernor Hughes sent the following telegram:
deeply regret that cannot attend , the dinner ar
uch In1 better, Cannot venture to to New York
to-day 1t is great pcb mPS 10 the
character and distinguished services OF a Jushce
s1 Harlan a the IN nation I which is sure OF increasing
ppreciation / should also have been glad to 1- wei,
tucky, who. 1 understand. is TO be present
In discussing the Constitution Justice Harlan
began by saying:
There are some. MIR. President who I think fnrs tnry
and express grave apprehension as to the staeinS ny
of the government ordained by the people OF to
let me ASK re sas f y the baaes his
' for the safety Of our institutions? He Pers4adees
himself believe that the trend In p Puec oil saVern
mental power in the nation and the destruction ol
the rights t 1 Of the a .se1 s.as ns would be 70
sist such tendency by every means IN ms pow rd
State soRernmens for state affairs the founda
tion rock which our institutions rest hrtn ANY
| disaster upon the American people and upon the
% fa act IS OF not tres @ Rs alleges
| to be The American people are more determlne6 h
| national and state rights. those rights exist
under the Union ordained by the monsstot,on nr
deviee that looks to Union other b basis a
| their integrity. both national and state rights,
| After saying that those who habtually de-
nounce as illegal everything done by the federal
government not the best friends OF state
| rights but those who help the cause of state
rights the most freely recognize the federal gov
ernment as possessing all the powers granted to 1t
by the Constitution. Justice Harlan continued:
The people Of the United States cherish and win
5a the saaes are vital Of the
system Of government; and they will equally in
| states-to be exerted always in subordnation TO
G law of he to
Of the United states has again and again declared.
Pon fa Maa TO the asd
Of the American people and that without 1,,., the
I
| body the United States.
Referring TO the wrong construction Of the Con-
stituton by those who think it should be taken to
| mean what majority of the people think at a
! given time It should mean" the speaker sad
| 1t would be a calamity unspeakable II insti-
tutions and the sacred rights of life. liberty and
| property should be put at the mercy of majority
| unrestrained by a written supreme law binding
! every department of government. even the people
| themselves. The pesslmist-indeed all-may take
! courage IN the fact that it has become a recoe-
nIzed construction that the Constitution
| to be taken meaning what its words in their
| natural. obvious sense import: and If the people
| desire it to something different that instru-
| ment must be amended In the manner, and only
| in the manner. prescribed by itself.
| There are some who would deny to Congress all
| powers that not. in words, specified in the
| of government They would eliminate alto
gether from Jurisprudence the long established
doctrine that Congress may exercise powers which
| are plainly incidental TO those expressly granted
| by the Constitution. and not expressly pro-
hibted by its words; that is, powers necessarily
| implied because embraced by those expressly
would be unequal to the objects for which it was
| avowedly established, and would become, to use
| the words of Marshall. "a splendid bauble'
IL of the latter class of constitutional
| people the country would be carried back TO that
period of its history when distinguished politicians
| graveIy argued that the Supreme Court of the
| United States could not, without violating the
| which, by its final Judgment, had denied
stroyed rights plainly secured to the citizen by the
| supreme law of the land such critics are politi-
may not declare a legislative enactment void even
when 1t is in plain violation of the Constitution
The government. said the Justice had not us,rped
powers belonging to the states in covering wider
Neld of action than did In the ayo ,f ,hn