New-York tribune., 1907-06-26
MR.. KNOWS ADDRESS.

Senator Knox's speech to the graduating
classes Of the Yale Law School on "The Devel-
opnlent Of the Federal Power to Regulate Com
merce" is entitled to serious attention, coming,
as it does. from man who has played a notable
part In developing that power. 1t is no exag-
geratiOn TO say that as Attorney General and
Senator Mr. Knox has had as large a share as
any statesman and jurist Of this generation In
invoking the federal authority to correct abnor-
nal conditions in commercial Intercourse and
TO restore and preserve freedom and equality
! in Interstate and foreign commerce" His Yale
address Intended TO emphasize his view of
the true scope Of the regulative power and to
refute some Of the exaggerated constructions
which have been put by others on the rights and
duties vested in Congress by the interstate COM
merce clauses of the Constitution.
Attempts may be made IN certain quarters to
classify Mr.. Knox's views as ''reactionary," yet
IL Is clear that they do not deserve that misft
label. The Junior Senator from Pennsylvania
| has shown that he believes in the existence Of
q regulative power sweeping enough to uproot
all obstructio1s to free and equal trade among
the states and with foreign countries He
stated his position fairly and lucidly when ne
said
over this subject OF commerce among the
states and foreign nations and It's Instrumental
tiles the power of Congress ia plenary It may
be exercised In the most general or minute way
For this purpose Congress possesses all powers
which existed in the states before the adoption
or the national Constitution. and its power when
| the subject is national is may be made exclu-
sive The constitutions, laws, corporations and
citizens of the states are subject to this para
| mount authority. Congress can regulate anything,
everything, any and every person. natural or
| artificial, in the sense that 1t prohibit or
| prevent any use or act that Will interfere with
| Congressional control over interstate commerce
| or that will inJuriously affect such commerce.
Congress may likewise prevent the arteries OF
| hafn nYDor1ln
| conduits for articles hurtful to the public health
| safety or morals, and may remove obstructions
from the highways OF commerce whether they be
| physical or economic, whether they may be sand
/ bars, mobs monopolies. The power of Con-
| gress may be exercised by prohibition and by
/ prescription. Congress has prohibited combina-
lions in restraint of interstate and foreign trade
and has prohibited the carriage of diseased
cattle, explosives and lottery tickets, and Con-
| gress has prescribed that certain safety appli-
ances shall be used upon railroads doing an
! interstate business. The one class of laws IS
and unpolluted; the other is designed TO secure
| the safety OF the employees and patrons of the
\ carriers.
There is nothing "reactionary' and nothing
''anti-federalistic" In this view. Yet because
he asserts the unlimited power of Congress to
| deal with interstate commerce and with its OBJ
| jects and instrumentaties he sees no reason
| for asserting implied additional power to
regulate the persons by whom articles of COM
merce are produced in respect to matters not
| affecting commerce. Mr.. Knox attacks the prop
| ositiOn that under the guse of regulating inter
| state commerce Congress can prescribe rules to
| be followed in the production of marketable
| goods within a state, which regulations are not
based on considerations of public health. safety
| or morals. II Congress cannot regulate directly,
the production of nnocuous articles within n
| state 1t cannot regulate such production indi-
rectiy. AIR. Knox says pertinantly that this