Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-10-03

u
Washington have coast line which
lis our coast line just as emphatical-
lily as the coast line of New York and
Maine, of. Louisiana ands Texas. Our
feet is going to its own home waters
in the Pacific, and after stay there
! 1t will return to its own home waters
| in the Atlantic The best place for
a naval officer to learn his duties is
at sea, by performing them, and only
by actually putting through a voy-
age of this nature. a voyage longer
than any ever before undertaken by
as large a feet of any nation, can
we find out Just exactly what is
necessary for us to know as to our
naval needs and practice our officers
and enlisted men in the highest du-
ties of their profession.
Compliments Judge Aniion.
Inconclusion wish to say.a word
to this body, containing as it does so
many business men, upon what is
prominently business proposition,
anc that is the proper national super
vision and control of corporations.
1888 !
= At the meeting of the Ameri- :.
: can Bar Association in this last !:
:: August, Judge Charles r. Ami 1:
& don of North Dakota, read a pa !:
:: per on the Nation and Constitu- ::
= ton SO admirable that 1t is de- :.
!: serving of very wide study; for !:
:. what he said was, as all studies :
!: of law in it's highest form :.
= ought to be, a contribution to !:
!: constructive Jurisprudence as il s
: should be understood not only !:
| = by judges but by legislators, not :.
: only by those who interpret and :.
: decide the law, but by those who :
!. execute it., !:
**%*%******%*%***@
He quoted from the late Justice
Miller, of the supreme court, to show
that even in the Interpretation of the
constitution by this, the highest au-
thority of the land, the courts sue
cessive decisions must be tested by
the way they work in actual applica-
ton to the national life; the court
adding to it's thought and study the
results of experience and observa-
| tion until the true solution is evolv-
| ed by a process both of inclusion and
exclusion. Said Justice Miller: "The
meaning of the constitution is to be
sought as much in the national life
as in the dictionary" for, as has
been well said, government purely
out of a law library can never be
really good government. Is.
Interpretation of the Constitution.
Now that the questions of govern
ment are becoming so largely eceno-
mic, the majority of our so-called
constitutional cases really turn not
upon the Interpretation Of the in
stTument itself, but upon the con-
struction, the right apprehension of
i the living conditions to which it is to
be applied. The constitution is now
and must remain what it always has
BEN; 5ut it can only he interpreted
as the interests of the whole people
demand, if interpreted as a living or
ganism, designed to meet the condi-
lions of life and not of death: in
other words, If interpreted as Mar
| shall interpreted it, ais Wilson de-
clared it should be interpreted. The
Marshall theory, the theory OF life
and not of death, allows to the ma
I ton, that is to the people as a whole.
when it once finds a subject within
the national cognizance, the widest
and freest choice Of methods for ma
tional control, and sustains every err
ercise of national power which has
any reasonable relation to national
objects. The negation of this theory
means, for instance, that the nation
that we, the ninety millions of peo-
! pie of this country-wil1 be left help
less to control the huge corporations
which now domineer in our industri-
al life, and that they will have the au-
thority of the. courts to work their
desires unchecked; and such a deci-
sion would in the end be as disas-
trous for them as for us. If the
theory of the Marshall school pre-
walls, then an immense field Of ma
tional power, now unused, will be de-
veloped, which will be adequate for
dealing with many, If not all, Of the
economic problems which vex us; and
| we shall be saved from the oninous
/ threat of a constant oscillation be
4 tween economic tyranny and econo
1 mic chaos. Our Industrial and here
i fore our social, future as a nation de-
i ponds upon settling Alright this ur-
1 gent question.
j The constitution is unchanged and