The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-16
The End OF the Roosevelt Doctrine
Of Inherent Power.

VIZ w NO'uld tAOt NV h'OetuCSt
interviewer President ROOSEVELT made
a speech at the dedication of Pennsyl-
vania's new nineteen million dollar State
Capitol. Soon afterward Secretary Roof
uttered in this city his memorable warn
ing that if Pennsylvania or New York
or any other State managed its local
affairs 30 as greatly to displease people
living elsewhere constructions Of the
Constitution would be found to vest the
power in the national Government.
The President said in his Harrisburg
speech:
Il cannot do better than base my theory OF
governmental action upon the words and deeds
Of one OF Pennsylvania greatest sons, Justice
JAMES WILSON"
Mr.. ROOSEVELT explained that the
theory he had adopted as a rule for his
official conduct was that an inherent
power vested in the nation, outside the
enumerated powers conferred upon il
by the Constitution in all cases where
the object involved was beyond the
power of the several States and was a
power ordinarily exercised by sovereign
nations"
The test is the result Of an inquiry
whether sovereign nations exercise the
power. Something like that was men,
toned in the legal tender case when
the Supreme bench had been strength
ened for a reargument.
After having attempted 10 state his
copcapfinp IF tho thaary the DroaiAapf
vent on to c%riticise Supreme Court JUS
tees for ~disregarding it. He said:
A" Certain judicial decisions have done just what
wILsoN jared they have left vacancies, lett blanks
between the limits Of possible State Jurisdiction
and the limits OF actual national Jurisdiction over
the control Of the great business corporations.
Many judicial decisions which am confident
time will show to have been erroneous and a dam
age TO the country would have been avoided II our
iurIsts had approached the matter OF consuming
the laws Of The land In the spirit OF your great
Pennsylvanisn Justice WILSON"
Not contsnted with lashing the national
Judges, he applied his whip to the men,
hers of the bar who appear and srg,le
before the courts, and he described them
as follows:
-, ,rs. q, ,.s ,.,,orm.na.
q, vb,, thew r,u,rd A.. their duty and to ,.rv. ,b,
ends Of their clients invoke the law at one time
for the coufouudlns Of their rivals and at another
time strive for the nullincation of the Law in order
that they themselves may he left free to work their
uneridled VII on these same rivals or on those VINO
laoor TOT mem or ON 'ne general Pubic 10 inc
. =,
~. ,....r. =, .rc,.r, .w. ana ,,r,s. % ...ur.
,,d,c,., .,.rrt,n,,,on. a, ,bo.. thu, mas. which
shall emsscul.,e them. They do no, invoke tn.
Constitution In order TO compel the due Observance
OF law alike by rich and poor. bs great and small;
on the contrary they are cesselessly on the watch
to cry ont 'ha' the constitution Is violated when
ever any eno'' m"u. 20 ln.ONe .ae sa OF 'ne
n,'."- -. -. "~""~.s.
-, .r.,, ,or,or.,,or. a, 70, .or,.n,,v .scur,u.
oe.d,,nc, 70 such . Law a. N. n.,,on., e,sb, hour
law snd similar 80 called labor statutes
II ;s MT cr.d;h,. tbat tho pres;dsrt
;nol,,dsd ,boas ,.vvers wbo srnsar ard
aro,,e in behalf of tho Administrator
Uh., relation .x;.,. h.,w.en ,basa
uarrisb,,ro utt.rancea of tba prssident
and recent u~,terances Of the United
states Supreme Court in the Kansas and
colorado c...,
Rslvino an a;rbarsn,- noxar outsid.
If and hevond the eishtsen enumerated
nowsrs III. Admin;stra,ion ;ntarvsnod
ah,,,,.d ;n- il The co,Ioo,iaI ,.rm-.ir m.
c-ontrover.v hetwe.r CoIorado and Kan-
sos concsd;ng AZ ,ha s.ns time Tho, tho
Arransas Piver ia not navioable in Col
orado or in K.naos II sndearored 70
,naLa ,ha da,;s;on 81 m. court h.,w..n
,h. ,wo S,a,os ,urr ~, -. con,ar,;on
,hot ~. nation had nm ainbersn,r r;ah,
a. oon,roI ,bo who,a sys,.n ~ ,ha
-oo,,u.,;o, -, cid Iards . uh.,h.r -
Co. or in Tsrr;,or;ss Th., rso,,;-ad
~. au,- =. a.o;do =. IT, .hraahaIS
rh..h.r .uoh no-ar 90 -raoIamat;on -
y So. h.. ~ rr.n,.d % Tho nat;on
o,on aI,ho,,rh :, Nv o,sn .r;diI,nds ~
.ha. S,a,a =. a.,d ,,an;no,s,, H., 80
$1,000 Md no, ha.n ;mn.r+.d s,,oh =