The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-03-14

| breaS from one part OF the country
would b. entirely ignorant OF the con
dilious in other parts OF the country.
Whenever congress attempts lesisla,
ton now FOR O particular SECTION. the
matter Is usually left to the members
from that section, but more often he
matter Is crowded out entirely by
larger interests
The farther the legislative body Is
from the community arected by the
law, tl,e easier 1t Is for special liater.
ests to control. This has been Mus.
trated In State legislatures when
longtime charters have been granted
to franchise corporations by the votes
of members whose constituents. not
being interested. do not mold them 10
strict account, and it wonld be worse
II congress acted co the same sub.
jects.
The Foreranner OF oespotisn,.
Jetfersonts second reason for SUP.
porting State governments In ali their
rights was that they were the surest
bulwark against anti.repnblican ten.
denotes. Those anh.republican ten.
denotes exist to-day. and the bulwarlt
can NOT be dispensed win. While pop.
ular government Is growing stronger
all over the world, there are still those
IN this country who dtstrust the peo.
pie. There are many prominent men
who regard Hamilton as the creates.
Of tie political thinkers of his day
although his craftsmanship can not
be considered independently of the
views embodied in mis- plan of govern.
ment. There are those who are coli.
stantly irritated by the limitations
which the constitution has placed upon
the sphere OF the federal government.
and who resent the independence of
the State In its local AFFAIRS This
very irritation ought TO ne warnings;
Ut there are those who are irritated
because they can not override the
wishes Of the community, what would
be the irritation In the community ifi
the wishes of its members were over
ridden? A systematic absorption of
power by the federal government
would not only cause discomfort and
weaken the attachment of the people
for the government. but withdrawal
OF power from the State would breed
indifference to public affairs-the fore.
runner of desnotism
The exercise by the federal govern.
ment of restraining power is not so
Objectionable at the exercise Of crea.
tive power. but even In the exercise of
restraining power care should be tals-
en- to preserve to the statse the excr.
else of concurrent authority, SO that
the state government, as well as the
national government, can stand guarl
over Inc rights of the citizen.
Enlargement of Fecerat Powers. \
The demand for the enlargement os
the powers OF the federal government
comes from two sources, viz, from.
those who believe with Hamilton in
the theory of Capitalization, and from
those wfo want legislatIon which the
States rights doctrine obstructs. OF
these two classes the last is most In.
fluential, because the members of this
class fmpart to their method the
strength supplied by the object aimed
at An abstract theory seldom pro.
vokes discussion. but wars have been
fought over a theory emoodied In a
concrete issue.
First, there is the effort to secure
the national Incorporation of railway
and industrial enterprises. Those who
desire this hope for an act of con.
gress and favorable court decision
sustaining 1t. They could hardly hope
for the adoption of in amenGment tn
the constitution. The national incor.
poration OF business enterprises Ia
sought in order to avoid State courts
and State regulation, but in view of
the growing sentiment against moron.
oltes the subject will hardly reach
the courts. for it is not likely that u
majority Of congress can be brought
to favor any enlargement OF the power
of commercial corporations.
A second argument has recently
been made In favor of extending the
sphere Of the general government, viz.
that it is necessary TO 90 SO to pro.
tect the treatry rights of foreigners.
Some have even gone so far as to as.
sumo that congress US power to carry
out the terms of treaty without re-
gard TO constitutional provisions. This
is very palpable error. for the prest.
dent and senators who Join in the maxi
ing of treaty are bound by oath to
support the constitution, and they can
make no binding treaty which violates
the constitution. a constitution
which can only be amended by the con-