The Montgomery advertiser., 1907-06-17
soMn BOUND cnrrrcIsMs.


 had cause to note the signs of nissat- isfaction on the part of prominent and high-toned Republicans at the course of the present administration. Espe- ciaIly is this dissatisfaction manifest when they come to discuss the views entertained and expressed by Roosevelt. Root & Co, with regard to the pow posed to the rights of the States. Among the most recent and notewor- thy examples of this restlessness and uneasiness is that of Hon. Edward w. Hatch. prominent Republican of New York. for several years a Justice of the Supreme Court of that State end a man of brains and character. In recent address to the students of one of the States universities he pointed out how under the present administra- ton, the executive will is being sub stituted for free and untrammeled leg islative action and judicial construc- ton. and that the Federal Lnwer is being substituted for State authority in a way never dreamed of by Hamil- tom" Then, speaking of the dangers of centralization he continued:
 Today. under the guise of necessity as affecting the material welfare of the people,. the Federal Government as- serts a disposition to enter upon reg ulation of those matters which at the close of the Civil War it was supposed had been unquestionably committed to the care of the State, and exercise CO., in without amendment to the Constitu- tion.
 This assertion of power and the dis position to execute it has grown up I.ton, in his most advanced proposals, which were based upon distrust of the people to govern themselves. did not dream of carrying Federal power to the point it has reached during sim gle administration. And the present apparent outlook over the entire coun- outpost already reached. but of cor dial approval and a demand tor more. Where it will end no man may now foresee.
 fronts us as a free people is that the enumerated powers of Government in the three divisions shall overstep their bounds of limitation and one trench upon the other: when either does, 1t is usurpation-and usurpation of pow CT has destroyed and will destroy hu- man liberty if 1t is allowed. We are admonished, however, that the activi- to stop at the point now reached.
 That was plain and to the point but there was more of it to come. He paid his respects to Secretary Root, de- claring that some of his public utter ances imply an intention of subvert- ing the Constitution which involves on the part of the executive a violation of his oath to support and keep invio- late that instrument" and then added:
 Forty years ago Andrew Johnson barely escaped impeachment for less interference with claimed Congression- al rights and prerogatives. He was saved by single vote.
 At the present day the Legislature of at least one State has passed reso- lutions requesting the representatives in Congress to act Tn all matters of legislation as requested by the execu- tive. Not alone has the executive. with the apparent approval of the people, assumed to dictate legislation and leg islative policy, but he has also entered the domain of critic of the other CO., ordinate branch of the Government- the judiciary-and subjected the judg- ment of Federal judge who had as- sumed to determine that law highly regarded Oy the executive was unCOn- stitutional to the most drastic criticism and has commended the decision of an- other which he approved
 We are told that the executive of flee is exalted because of the purity of the distinguished men who fill 1t. All of us, think, have our admiration for the courage, the ability, the capacity. the versatility and the purity of inten- tion of the chief magistrate of the na- tion and like belief in the ability, in the courage, in the capacity and in the purity of intention of the Governor of this State. But constitutional lib- erty is higher and above and beyond both. The entering wedge of execu- tive usurpation may be based upon the purest of intentions. but once admit ted may in the hands of an unworthy instrument register the downfall of the liberties of the 7eople.
 It will be observed that the Judge took occasion to throw a sop to the whale-or the two whales-by speak ing of the courage. ability. capacity and purity of the President and the Governor of New York, but that does not lessen the direct incisiYeness of his criticisms and charges against the higher powers. His words were to the present, and coming from such source they should cause thoughtful Republi- cans to stop and reflect before allow ing themselves carried away by the President and his administration. The address shows that there are yet Re publicans of prominence who nave not abiured the Constitution and are not willing to be led by an enemy to the State governments. We are glad there Is yet a righteous remnant left in the Republican ranks. Perhaps there may be enough of such to save their rarty from monarchy-or anarchy