The Birmingham age-herald., 1907-08-22

of the rights of the state, after the state, for the sake of the common good, has tolemnly abdlcated it's original power over such matters and transferred it to the general government? This much at lease passed beyond disputation long be- fore tho unhappy days of the civil war. It was fully explained and finally decid- cd by Chief Justice John Marshall the greatest jurist who ever spoke the ng- fish tongue, and reaffirmed by his Illus trious predecessor, Chief Justice Fancy.
 Reads Authority.
 Let me read you some words of the latter, when a similar claim of power was made fin behalf of the state to nullify the orders of the federal court. in A case where the federal court was enforcing the constitutional right of citizen of the south. in the face of an inhamed public sentiment in the execution of the fugi- tive slave law:
 Nor Is there anything in this suprem- acy of the general government, or the Jurisdiction of It's judicial tribunals, 10 awaken the jealousy or offend the natural and just pride of state sovereignty Neither this government nor the powers of which we are speaking. were forced upon the states. The constitution of the United States, with all the powers con ferred by 1t on the general government, and surrendered by the states, was the voluntary act of the people of the sev- eral states deliberately done, for their own protection and safety against injus- tice from one another. And their anxiety to preserve 1t in full force. in all its powers, and to guard against resistance to or evasion of, its authority on the part of a state. is proved by the clause which requires that the members of the stale legislature. and all executive and judicial officers of the several states( as well as those of the general governmenD, shall be bound by oath or affirmation, to sup port this constitution. This is the last and closing clause of the constitution, and inserted when the whole frame of gov ernment, with the powers hereinbefore specified. had been adopted by the con vention; and 1t was in that form, and with these powers, that the constitution was submitted to the people of the sev- eral states for their consideration and de- cision."
 Now 1t certainly can be no humiliation to the citizen of a republic to yield ready obedience to the laws as adminis- tered by the constituted authorities. On the contrary, 1t is among his first and highest duties as a citizen, because free government cannot exist without 1t. Nor can 1t be inconsistent with the dignity of a sovereign state to observe faith fully. and in the spirit of sincerity and truth, the compact Into WnlCn IL NoiuH- tarily entered when 1t became state of this union. On the contrary the highest honor of sovereignty is untarnished faith. And certainly no faith could be more de- iberately and sosemnly pledged than that which every state has pledged to the other state to support the constitution as 1t is, in all its provisions, until they shall be altered in the manner which the constitution itself prescribes. In the em- phatic language of the pledge required, 1t is to support this constitution.
 Resentment Sought.
 Resentment Is sought to be aroused against the court because it Is urged It is wrong for one man either to suspend rate laws or finally to decide upon their validity. If there be anything in this complaint, it would relate to every case in which a single judge declared statute unconstitutional, and applies alike to state and federal courts. The complaint should be against the constitution itself and not against the courts 1t creates, to pass upon the validity of laws. But there is nothing of substance in the contention. It overlooks the genius of our institu- tions This is a representative govern ment. Wherever it lodges power in particular branch of the government that branch is the organ by which the consti- tuition speaks on that subject. The legls- lature is but an agent of the people. The latter Is the agent too. charged with the responsibility and duty to see that the legislature keeps within the sphere to which the constitution confines it. Is there anything anomalous or wrong in Of