Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-12
STRAINS THE CONSTITUTION
JUDSON HARMON SAYS FEDERAL
AUTHORITY IS ovERWoRKED.
he Declares Finding Constructions"
for Constitution Is Repugnant
to Popular Government.

BOWLING GREEN, Ky, July 12.-Jud-
son Harmon, Attorney General in Presi
dent Cleveland's cabinet, addressed the
state bar last night, his title being "E
Pluribus Unum.' He said, in part:
Il recall to notice, though they can hard
ly be forgotten, the recent public declara-
tons of two federal officers whose per-
sonality as we'll as position give weight to
their words. These We're. in effect that
it is the right and duty of the federal
government to step in whenever, in the
judgment of the men in charge of it, the
state governments fail to act or to act ef-
fectively concerning matters which as
sumed to require action by some govern
ment.
'One of these officials gave as his au-
thority for this startling proposition the
Dry advanced by James Wilson, one of the
trainers of the Constitution. But he over
looked the fact that this idea was rejected
by the convention.
The other official declared, without re-
sorting even to the views of a Trainer for
justification, that if the state governments
should fail in their duty sooner or later
constructions of the Constitution will be
found to vest the power where it will be
exerc;sed-in the national government.
"Constructions'' Made to Order.
This is simply a threat to rob the states
and to do it by applying to their grant
and reservation the ingenuities of legal
sophstry; for that is just what finding
constructions means. They are to be
hunted for with discovering intent.
While these extraordinary proposals
have attracted wide notice some persons
are seeking to justify them on grounds
OF convenience, and many condemn1ng
them on grounds of law and reason. l
haU harllI m hai
latter repugnance to the very nature and
essential principles of popular government.
Supreme authority resides in the peo-
pie, who have soemnly established the
mode and manner in which alone their
will is to be made known. They have
with the utmost care and delberation de-
cided to invest the federal government
with certain powers, and their respective
state governments with other powers. All
powers not granted they have chosen to
retain until they think best to grant more.
Amy official who proposes to do some
thing he has not been authorized to do,
because he thinks the interests of the pub
lie require it to be done, arrogates to HIM
self the right to decide this for the peo-
pie and to appoint himself their agent
to carry out the decision. He assumes that
he knows better than his sovereign, the
people, what is best for them.
meanwhile, the people need officials who
will serve them with zeal and with tidelity
TO the trusts confided, which covers the
limitation we'll as the duties of their
trusts They need leaders to study and
propose and advocate lawful measures for
their good But they do not need guar
dams.
Limits of Federal Power.
Federal authority does not extend to
any subject merely because interest In 1t
becomes more general. Our very prosper
ity has brought about, or perhaps rather
magnifed and disclosed, many things
which must be eliminated or corrected
But l am not convinced that it would be
better to have all our chopping and prun-
ing done with one big AK, even If license
were given in due form.
1T would be better to have no constl-
tuition at all if it's carefully chosen terms
are to be ignored or twisted and stretched
out of shape by those who are sworn to
unhoId it Whenever it stands in their way,
because we might then work out some
other plan for restraining and controlling
those we intrust with authority over us, In
stead of drifting along under the. delusion
that we already have one