Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-25

ptonlplJ uanSpprlbtpn nut say tle
prohibition must have for it's end the
regulation OF Interstate commerce and
rot something dehors the federal
power.
In recent case. the supreme court
or the United states. through the
CHIEF Justice, speaking OF the power
and sovereignty of a state, uses this
language:
1T cannot be denied that tho mower
of a state tn protect the lives, health
and property of It's citizens, and 10
preserve good order and the public
morals. the pawer To govern men
and things within the limits OF it's
domain IS a power originally and
always belonging to the states. not
surrendered hy them To the general
government, nor directly restrained
by the Constitution Of the United
States. and essentially exclusive"
POWERS ARE GRANTED
That the Congress OF the United
States has no general legislative pow
ers but only such az are granted to it
by the Constitution IS not an old fash
Toned and exploded notion.
II has been reaffirmed with cm-
phasis by the supreme court within
the last so days in a great opinion by
Mr. Justice Brewer IN the case of
Colorado VS. Kansas
The learned Justice said: THAT
this is such government Gone of
delegated powors) clearly appears
from the Constitution, independently
Of the amendments. for otherwise
there would he an instrument grant
ing certain specified things made OPP
crativc to grant other aud distinct
things, This natural construction OF
Tho original body of the Constitution
is made absolutely certain by the
tenth amendment This amendment.
which was seanlugly adopted with
prcscicnce Of Just such contention as
the present dis 'losed the widespread
fear that the national government
might under The pressure Of a sup
posed general Welfare, attempt to eX-
crcise powers which had not been
granted. with equal determination
the trainers intended that no such
assumption should ever end tustihca-
ton In the orgn lic act and that II in
the future further powers seemed
necessary they should be granted by
the people In the manner they had
provided for amending that act"
We cannot make progress In de-
veloplng body OF substantive reme-
dial law without an accurate apprc-
citation OF the restrictions upon both
the state and federal powers
Like the Girondists in the French
revolution. American lawyers must
submit to BE- condemned by the Bour-
hons as radicals II they stand for ra-
tional and constitutional legislation
TO meet new conditions ana to cor
rect the evils in the old conditions
and TO be guillotincd 10y the Reds as
obstructlonists II they fail to endorse
the popular vagaries OF the political
cphemera who swarm about every
great movement of reform, unapprc-
catiye OF its origin. Its tendency. and
its purpose, such is the fate OF the
profession that studies. loves and de-
tends the Institutions of civilized gov
eminent and has ever been their most
powerful constructive and conserving
force.
PRESERVATION OF CONSTITU-
TION
The preservation OF our Constltu-
ton is not committed to the federal
judiciary alone, It Is the oath-bound
obligation Of every legislative Judi
cial and executive officer of the
states and nation. and is the highest
duty of private citizenship. The Con-
sututlon Is not to perish at the hands
of the impassioned phrase-malSev, and
it's defenders should not be deferred
by mistaken or prejudiced clamor
from performing their obligation to
preserve and defend it.
the sacrifice OF the lives and fortunes
of our ancestors. 1t Is the solemnly eN-
pressed VIII of the people, II has been
preserved by the people through the
most glganti1 and tragic war OF mod
ern times, ana il must endure as writ
ten and expuunded until altered by the
people by The means they have pre-
scribed.
The power of the federal government
cannot be Increased except by new
grants OF power through amendment
of the Constitution. The efficiency
however, OF the federal government Will
progressively increase through the APP
plication of existing federal power 10
the growing complexities of social and
commercial conditions.
What changes In these conditions
may be In store for us no man can
foretell, What social establishments
may follow The application OF the fed
eral commercial power to such changes
is likewise unknown. The power Is
fixed and definite factor: no one has
pretended to define the boundaries OF
the subject upon which II operates.
The distinguished present solicitor
general Of The United States, an hon
ored son of Yale, Mr.. Henry NJ, Hoyt,
IN recent argument in the supreme
court aptly said. The word commerce
is not restricted to trade and traffic.
or navigation OF transportation. No
one can now say definitely what move
ments and Intersections across state
lines NAV not be embraced within its
meaning"
Human government Is q human
necessity II is all tho stronger and
more effective IN times OF dire need
for not having been experimental with
and its fiber, strained in times OF tram
guilty.
TO MAKE REAL PROGRESS.
The way 10 make real progress IN
needful legislation. and to permanently
retain each advance. Is To- move wisely
along legitimate lines. This Is land
OF law as well as Of liberty, and the
liberty Of the law-maker IS subject to
restraints as well as the liberty Of the
individual Congress can only do what
II is possible to do under the powers
delegated to II by the body polite,
which is the people. To do anything
more would he futile usurpation; 20 do
any less under those powers than the
best interests OF the people demand
should be- done would be neglect OF
duty.
II is beside the question 10 urge the
dosirahillty ana popularity of measures
II Congress has no power 10 enact