The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-10

THE ORGANIC LAW.
We cannot but admire the frank
ness and holiness Of the News Leader
in expressing It's views on the Roose-
welt idea OF stretching the Consutu-
tion'
The American people," says our
neighbour, want things done and we
sympathize with that desire. We havo
no sympathy with tho spirit that would
hamper or restrict the administration
III doing a thing obviously necessary
and useful because to the understand
ing of somebody 1t may not be done
under the Constitution"
And again:
$50 in dealing with the supposed law
lessness and crookedness of corpora
tions. Tho President asks Congress to
enact laws which will give him power to
act promptly and potcntly. We do not
care whether it Is called stretching
tho Constitution or constituting the Con-
stltution to adapt 1t to conditions which
did not exist and We're not imagined
when the Constitution was written
What can this mean but that the
Constitution should be stretched or
construed 10 suit the demands Of the
administration in Washington?
In answer to this theory. which is
oy no means new. Judge Cooley has
said: 'sThc Constitution itself never
yields TO treaty or enactment; It
neithcr changes with time. nor does
It in theory bend to the force Of Cir
substances. 1t may be amended ac-
'ording to its own pcrmisslon but
while 1t stands. II is a law for rulers
and people. equally in war and peace,
and covers with the shield Of protec-
zion all classes OF men, at all times
Ind under all circumstances. It's prin-
In order to meet the supposed neces-
sites OF great crises
In commenting on this declaration.
ilr. Tucker in his work on the Con-
ttitution says:
The Interpretation must neither
train to enlarge nor to diminish the
powers of Congress. but By fair reason
seach the mind OF the Constitution Of
The unltsd.. States" And further he
says: "a legislator is bound to support
the Constitution; to uphold 1t as one OF
the pillars of the edificc If he doubts
his power to undo the authority OF
the Constitution, he Is bound to re-
solve the doubt against the act, not in
favor of it,
And Mr.. Cooley says: Legislators
have their Authority measured by the
Constitution: they are chosen to do
what 1t permits, and nothing more;
and they take solemn GA II to obey
and support it. When they disregard
It's provisions, they usurp authority,
abuse their trust and violate the
promises they have confirmed by OATH
And even Mr.. Justice Marshall. to
whom the News Leader appeals. SAYS
that the words OF the Constitution sara
TO be understood In that sense in which,
they are generally used by those for
whom the instrument was intended;
that its provisions are neither to be
restricted into insisnificancc nor ex-
tended to objects not comprchendcd ,r
them, nor contemplated ~ its trainers
We may be too slow for the age oil
progress, but we prefer the Tina.
itonored doctrine of Cooley Tucker
Marshall and others Of that school 4
the constructive Jurisprudence Of
Roosevelt II the organic law or tht
land is to be twisted, distorted ant
tr}rf t,l,n
passing theories of government Off
cials. ii might as we'll he wiped out
The News Leader says that til
American people want things done,
= but the conservative element do no
want things done" In violation OF .h
Constitution. II the American peopl
want the Constitution changed the
a have the power 10 do 80 ana tll
methods clearly set forth in he Con
stitutlon itself. But Its principles cun
not be set aside" BY the President, b
T Congress. or by the supreme Court, 4,
meet The supposed necessities Of grca
8crises."
5s A WARNING TR on aIAssACilUsEIr'
Il Tie Democratic party Of alassachl
septs has split into two factions, 4
spitesof the popular belief that tNcr
MAS not enough Democratic party |
that State To spill, The convention
described as a complete picture of pan
4 lsInoDinnr. AZ the appointed hour on
u sst % 4deleEatep took posaessIon ~ n,