The Birmingham age-herald., 1907-12-24
Notable Address is Delivered Before Kentucky AssOci-
 ation in New York
STRONG PLEA MADE FOR
 WISDOM IN GOVERNMENT
Justice Harlan Declares That State Should Not Infringe Upon Nation and Neither Should Nation
 Oppose the State.

New York, December 2S-Associate Justice Harlan of the United States su- preme court made a notable address to- night at the dinner given at the Hotel Plaza by the Kentucky association. No- table as an expression from one of the foremost judicial officers of the country in answer to the recent criticisms on the tendency of the federal government to enlarge it's powers beyond the limits laid down by the federal constitution.
 The dinner was largely attended. and Justice Harlan was accorded an ovation. President Roosevelt sent letter which was read, as follows:
 ''A1l that I can do is to extend through you my heartiest good wishes to the diners and the assurance of my very sincere and earnest esteem and good will to that fine old American patriot, that admirable public servant Justice Harlan, who in the army and on the bench, in public life and private, has stood for what is highest in American citizenship" Vice President Fairbanks and Speaker Cannon sent letters expressing regrets that they could not be present.
 Judge Harlan Speaks.
 Tn responding to the toast, henIucky, United We Stand; Divided We Fall" Justice Harlan said: "The toast assigned to me suggests, Mir President, many in teresting thoughts about the early days o1 oar commonwealth, and it's relations to the national government. Our fathers, resisting all appeals made to them to es- tablsh an independent state in the west, placed themselves by the side of their brethren of the original states and caused to be inscribed upon Kentueky's coat of arms the suggestive and memorable words, United We Stand; Divided We Fall There are some, MT. President who think they see dark clouds upon the horizon of our future, and express grave apprehensions as to the stability of the government ordained by the people of the United States and established by the constitution. The population of ninety millions, comprising people from all parts of the earth, many of whom have no proper conception of liberty regulated by law or any just regard for the rights of others, we must expect to find many who indulge in gloomy forebodings as to the future of the country and who seem to cultivate the habit of predicting dis aster. Such persons are quite unhappy when the facts do not justify them in be- lieving that everything is going wrong. But there is no occasion for alarm. The American people know that eternal viz ilance is the price of liberty and will take care that no harm shall come to the government. A national government fo~ national affairs and state governments for state affairs is the foundation rock upon which our institutions rest. Any rious departure from that principle would bring disaster upon the American peo- ple and upon the American system of free government.
 Wider Power Used.
 ''It is true that national power, now ex- erted covers d wider field of action than 1t did in the early days of the republic; that does not prove, as the pessimist would have us think, that the govern ment has usurped powers that do not be- long to it and has entered the domain reserved by and for the states. 1t proves only that the nation has from time to time. the public interests de- manded brought into active operation powers which Congress had not previous ly chosen to exert. While new laws must always be closely scrutinized and care taken that they are not inconsistent with the constitution, we must not be so un- wise or timid as to reject a new law simply because it covers areas not con- sciously within the mental vision or the thoughts of the frafners of the constitu- tion That wonderful instrument, the SUI prene court has said it was intended to be adapted to the various crises of human affairs. Granted power to enact a statute. Congress can employ any means, not for bfdden nor inconsistent with the consti- tuition, which is germane to the end pro- posed to be accomplished.
 Constitution Upheld.
 "Therefore, let the country gather, up all the strength that comes from the patriotism and loyalty of the American people and go forward in it's marvellous career, holding to the confident belief, Justified by the words of the constitu- tion and by judicial decision, that the checks in our governmental system will suffice in the future, as they have suf- feed in the past, to guard our institu- tions against insdious attacks upon the fundamental principles of free govern ment or against the exercise of arbi- trary or usurped power. Keepink within the scope and broad lines of the consti- tuition. we may talk safely and without fear.
 Let LIS not give our approval to any interpretation of the constitution which will either cripple the nations power and prostrate the nation at the feet of the states, or that will deprive the states of their just powers. Let Us hold fast to the broad and liberal and yet safe rules of constitutional construction approved by the fathers and established by judicial decisions"