Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-16
RIGHTS OF THE STATES
J. M. Dickinson Calls Roosevelt
Policy Revolutionary.
CHANGE Is NOT NEEDED
When It is Necessary Constitution
Should Be Amended.
MAY CHANGE NATIONAL LIFE
Speaker Says Such Movement
Would Be Curse as
Party Issue.
MAY CHANGE NATIONAL LIFE


night, former Assistant United States At
torney General J. NJ Dickinson of Chicago
discussed the subject Decentralization by
Construction and Interpretation of the Con-
stitution'' His remarks were predicateo
unon recent utterances of President
Roosevelt and Secretary Of State Root on
the necessity Of increasing the power OF
the federal government.
1.-The remedy proposed" said Mr.. Dickin-
son, sis a shrinkage Of the powers OF the
states and an increase Of the power OF
the federal government, ny judicial inter-
probation and construction Of the Consti-
ton
Il believe In an increase Of the power
of our national government but 1t should
come in the way the people themselves nave
provided The Constitution has had hfteen
amendments. Whatever the people want
can be obtained by amendment.
I'VE have had our fearful lesson or no"
through differences in respect OF conStitu,
tional rights We may push into poll'lcai
cataclysm, and we should profit by the eA-
ample. .,,o.
- nat a movement has been started that
may gain such Roadway as Will proiouloiy
stir the depths of our natlonal NE ~
thoughtful observer of public events can
doubt 1t will be a curse to the country IL
it shall become a party issue.
Challenged ALI Corners.
In quoting President Roosevelt and SEQ
retary Root Mr. Dickinson said they had
with dIrectness and courage challenged all
corners to high debate. He spoke of Presi-
dent Roosevelt as a man inspired With the
deepest moral sincerity and passion Tor
righteousness and who Is. as 1t were con-
stantly burning with a rage almost divine
to advance his country's standard 10 the
highest excellence.
Let US understand the full meaning M, % oI
what they have said" he continued. Both
are so direct and clear that no interpreta-
ton or construction is required. The presi.
dent says that in respect to some evils, II
possible Therefore, there Is a need
through judicial Interpretation and con.
struction of law to increase the power Oh
the federal government.
Mr. Root says that so long as the
states fail in the discharge of their func-
ton to measure up to the standard tnat
public opinion demands, such derelictlon
will increase the disposition OF the people
tn appeal to the general government 10
exercise control over matters that nave
been considered the exclusive rights OF the
states >,
"The only difference between the two Is
that the President says that we need an
Increase of power in the national govern
ment through judicial interpretation ana
construction, while Mr.. Root says that II
the states do not reform, sooner or later
constructions of the Constitution.
Revolutionary Doctrine.
Power recognized as belonging to each OF
the states Is, on account of the derellction
of some, to be transferred from all the
states which exercise such powers justly
and effectively.
'This transfer is not to be made by
amendment, as provided for in article Of
the Constitution, but by Interpretation and
construction of the Constitution. This doc
trine Is revolutionary and dangerous to our
national life.
'JTnder modern conditions fortunes be-
yond the dream of avarice are accumulated
with phenomenal rapid1ty. Envy and dls-
content are aroused. Many regard such
vast aggregations of wealth under one con-
troll as dangerous to the general welfare
and threatening to our social and political
Institutions The federal Constitution is
scanned for a remedy and the taxing power
is invoked. 1t Is proposed to curb the evil
by the imposition Of an inheritance tax.
No end, however desirable, should be
sought by an abuse Of power. The perver-
sion Of a constitutional power violates the
integrity of the Constitution. The power to
tax is the power to destroy, but not power
conferred for the purpose Of destruction.
1.-THE taxing power of Congress Is limited
to raising revenue for paying the debts and
providing for the common defense and
general welfare Of the United States
Questions will arise out Of conditions,
such, for instance, as those involved in the
schooling of Japanese in San Francisco.
which affect peculiarly a state or group OF
states but the constitutional principle IN
yolved is lust as likely to be invoked in be-
half of other states. upon conditions totally
dissimilar."
Choate Warns the Lawyers.
Joseph H. Choate, in delivering the annual
address Of the president Of the association
In the afternoon, denounced contingent fees,
of which he said in part:
1.-The chief cause Of detraction of our alb
solute independence and dsinterestedness
as advocates is that fatal and pernicious
change made several generations ago by
statute by which lawyers and clients are