The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-17
Three Capital Legal Biunders In Less
Than Nine Months.

Three Capital Legai Biunders IN Less
Than Nine Months.
II a blunder is really worse than a
felony, and a first class blunder more
culpable than an offence deserving cap
ital punishment, what shall be said Of
the c~riminality Of record achieved by
Mr.. ROOSEVELT since October 1, 1905?
Consider the series:
I. The Roosevelt doctrine Of sovereign
power inherent in the Congress to deal
with all subjects Of national concern %
expressly prohibited or reserved to the
States. This doctrine was announced by
Mr.. ROOSEVELT in his Harrisburg speech
of October 4 Of last year. He found it
very convenient for the promotion of
the Roosevelt policies. He thought he
was adopting this doctrine from n of
the early luminaries of American iuris-
prudence. 81 cannot do better" said
Mr.. ROOSEVELT at Harrisburg, than
base my theory of Governmental action
upon the words and deeds of one of
Pennsylvania greatest sons, Justice
JAMES WILSON" We do not know who
misled Mr.. ROOSEVELT, but a grosser
error, a more grotesque misrepresentation
regarding a matter of constitutional law
has rarely been committed in public by
any statesman. II would take a col
umn's space to explain with particularly
the breadth and depth Of Mr.. RoosE-
vEur's mistake. We may say in a gen.
eral way that the President totally mis-
understood both the words Of n Of
Pennsylvania greatest o and the
logical course and consequence Of the rea-
soning which gave so much satisfaction
to Mr.. ROOSEVELT as a Federal expander.
Remarks of Justice WILSON on the pow
ers Of the Continental Congress before
the Constitution was adopted seem to
have been taken by Mr.. ROOSEVELT to ap-
ply o that very different thing, the power
of the Congress Of the United States
after its establishment and limitation by
the Constitution. Justice WILSON'S clear
perception of the fact that national
powers, inherent but unenumerated and
un6elegated, are vested in the people
was mi~snterpreted by Mr.. RoosEvELr's
DESTROYS zeal into support for the idea
that theee unexpressed national powers
are vestet not merely in the people but
also in The Congress-a very different
thing agan, a was so impressively
pointed oL some months later in Mr..
Justice BREWERS opinion in the case
OF Kansas vs Colorado. Such, however,
was the blunier Of misrepresentation and
misconception upon which Mr.. RoosE-
WELT based hi. theory Of Governmental
actions theory now disposed of for
ever by the unanimous voice Of the
Supreme Court,
II. The Roosevelt doctrine OF Federal
power to enter within State lines and
regulate and mnage private business
Of all sorts unde the post roads clause.
The President announced this theory
Of Governmental faction in his speech
at Indianapolis on Decoration Day. He
then declared as hi opinion a theory
Of Federal power which il practically
applied and sustained by the courts
would enable Mr.. R~6osEvELT's Admins
tration to regulate tothe smallest details
the business Of an, State chartered
common carrier, within the State, by
the simple expedient Of establishing the
line OF its operations as a post road.
This theory of Federal control over the
corporation within Stats lines, extend
ing 10 matters OF its organization, its
operation, its finances, its police, its
personnel, its relations with the local
public, with its own Objects and its own
employees, opened befors Mr., RoosE-
vELT's eager eyes two months ago a
boundless prospect OF benevolent aceiv-
ity along untrodden pathways. We for
tunately know whence he derived this
tremendous idea. He swallowed it, hook
and all. when it vas wickedy dangled
before his eyes, at the end n a line OF
seductive reasoning, by Judge EDGAR
II. FARRAR Of New Orleans. Mr.. FARRAR
is mainly to blame for the second Of the
ProGident's three colossal legal blunders
OF the last nine months. There will
probably be no need Of decision of the
Supreme Court to demolish this second
theory of Governmental action The
President seems TO have dropped the
post road theory with an indifference "a
cheerful as was the responsibility of
It's taking up.
III. The Roosevelt theory Of Govern
mental aStion through cxtra-iega, not