The news-democrat. (Providence, R.I.) 1906-1909, 1907-08-26

| n governor who keeps nearly 500 bills from
becoming laws And the speaker OF the
assembly which passed all these bills. as
he surveyed the winters work from n
Chautauauan platform. said: 1T is a ter
rible death to be governed TO death. In
! my judgment we have laws enough"
! But the New York Legislature does not
rank as the leader in hasty legislation.
! for a much smaller state made over 1000
laws in two months. Think OF it,you have
spent all your lives in the study OF law.
Could you ascertain the necessity for, let
alone critically examine the phraseology
I OF 1000 laws IN two months7
An interesting feature OF some OF the
legislation of the year is to be found in
the efforts made TO prevent the railroad
corporations from contesting the validity
OF statutes in the courts.
CENTRALIZED GOVERNMENT.
There was ardent support for a strong
centralized government prior to the adop-
uon OF our present system. In the begin
ming, the advocates OF this idea could
see only failure in the plan adopted. AL
most a century and a quarter OF actual
experience has shown that they were mis-
taken-so mistaken that nearly a century
later, after studying the federal consti-
tuition In the light not only OF the circum-
stances surrounding It's drafting. but also
or Its practical working. Gladstone char
acterized II as THE most wonderful work
struck Off at given time by the brain
and purpose OF man."
IL is however true. that on every hand
we hear not only suggestions of a broader
control by the federal government OF cor
porations than the constitution seems 10
warrant, but also arguments TO the effect
tnat, wirle the necessary power is not 10
De round among the enumerated mowers
IN the constitution the desired result NAV
De brought about under the inherent or
sovereign powers of government.
The claim for federal control has been
made by representatives OF insurance in
terests as measure OF relief from state
supervision, and by certain railroad Off
cials for practically the same reason.
Another contention OF far-reachjng i'm
port Is that the power OF congress to
regulate commerce, which has been held
10 include the right 10 regulate the in
strufnentalities through which inter-
state commerce is conducted involves
the power To regulate the producer of ar
ucles or commerce which may or may
not be destined to enter later into inter-
state commerce.
The object which their advocates have
In view Is undoubtedly laudable But that
rs not enough, II In the execution OF their
plans. they violate the federal constitu-
uon and directly lead toward the de-
suucton of our dual government.
ARBITRARY POWER
IL
tion--aa- we'll as- those of the original Il
states, had a wholesome fear OF arbitrary
power They sought 10 limit government
power by law, the source OF which
should be the people--the states to be SUI
preme as 10 all matters. and TO exercise
all powers except those specifically
granted 10 the national government. the
cone utution OF each state To be the SUI
preme law and capable OF amendment
only by its people.
The recent claims for federal interven-
uon In directions heretofore unheard OF.
are based upon the commerce and most
road provisions Of the constitution.
IL rs not my purpose 10 discuss the mer-
It's OF the various claims for an Increase
or the federal power at the expense OF
the states in the end such OF them as
are favorsbly acted upon by congress.
VIII have 20 pass the test OF constitution
ality before that greatest of all courts.
me supreme court ~ the United States,
and such statutes will stand OF fall az
they show. or fan ~ show. fdeliiy 10 the
spirit and purpose % The constitution.
The attempts. however. on the part OF
states of The powers and functions be-
longing q them. Will not tend 20 smooth
ness IN the working of our cuai scheme
OF government Already 81 has had SIS
effect The Indignation % the governing
forces of many % The states = already
aroused. II is shown fn the legislation of
the year II had not llttiE 10 90 IA nay
Judgment. with the recent conflict of j1-
From many quarters fOg The past two
years have come the Iteration and reifer-
alton OF the necessity for TIE assumption
of federal control, bssed IN ths main on
the feebleness or neglect % the state
governments
While the 18th amendment remains
part OF the constitution. the federal courts
have Jurisdiction 90 pass upon ths ques-
tion whether a given statute does or does
not violate the 18th amendment
While this 4 sarras
courts. both federal and state. should 81.
ways bear I'm mind that comfy which has
thus far enabled the dual jurisdictions 20
work toGether 80 harmoniously FOR the
public good. And further. that care
should be taken that the procedure shall
evince that deliberation that doth 40 he
come a judge at all times and especially
when the object OF an action Is 20 declare
void the deliberate act ~ the legislative
department OF a state government. / have
In mind an action I'm which application
was made for injunction. but. before
granting n. counsel representing tho state
as well as those representing the plain