The daily morning journal and courier., 1907-06-25

terstate trade, yet when they surrend- cred the power to deal with com .nerce as between themselves to the general government it was undoubted- ly in order to form a more perfect union by freeing such commerce from state discrimination, and not to trans- fer the power of restriction.
 In Dooly vs. United States, 1SS U. S., I'll, the four dissenting justices cor rectly said:
 But If that power of regulation is absolutely unrestricted as respects in terstate commerce, then the very uni- ty the Constitution was framed to se- cure can be set at naught by legis- lative body created by that instru- ment."
 The sum of the matter then is this: For the purpose of protecting com rnerce, congress may close it's channels to those who are injuriously affecting 1t, but for the purpose of enforcing a more enlightened policy in respect " llidbSClo AlOL NIlllAll lllC JuAl of congress, it has no such power.
 Congress may employ such means as it chooses to accomplish that which is within it's power But the end to be accomplished must be within the scope of its constitutional powers. The legislative discretion extends to the means and not to the ends to be &C., complished by use of the means.
 In word, I do not take issue with the proposition that congress may pro- hibit transportation. but say the prohibition must have for it's end the regulation of interstate commerce and not something dehors the Federal power.
 Tn a recent case, the Supreme court of the United States, through the chief justice, speaking of the power and sovereignty of State, uses this language:
 "It canont be denied that the power of a State to protect the lives; health and property of it's citizens, and to preserve good order and the public morals, the power to govern men and things within the limits of it's do- main,' is a power originally and al- ways belonging to the States, not sur rendered by them to the general gov- ernment, nor directly restrained by the Constitution of the United States, and essentially exclusive"
 That the congress of the United States has no general legislative pow CTS but only such as are granted to 1t by the Constitution is not an old fash toned and exploded notion.
 It has been reaffirmed with emphasis by the Supreme court within the last sixty days in a great opinion by MT. Justice Brewer in the case of Colorado vs Kansas.
 The learned justice said: That this in such government lone of delegated clearly appears from the Constitution, Independently of the for otherwise there would be an instrument granting cer- tain specified things made operative to grant other and distinct things. This natural construction of the original body of the Constitution is made abso- lutely certain by the Tenth Amend ment. This amendment, which was seemingly adopted with prescience of just such contention as the present, the widespread fear that the national government might, under the pressude of 8 supposed general wei fare, attempt to exercise powers which had not been granted. iWth equal de- termination the framers intended that no such assumption should ever find justification in the organic act, and that if in the future further powers seemed necessary they should be- granted by the people in the manner they had provided for amending that act"
 We cannot make progress in devel oping a body of substantive remedial law without an accurate appreciation of the restrictions upon both the State and Federal powers.
 Like the Girondists in the French American lawyers must submit to be condemned by the Bour- bons as radicals if they stand for ra- tional and constitutional legislation to meet new conditions and to correct the evils in the old conditions. and to be guillotined by the Reds as obstruction- ists if they fail to endorse the popu- lar vagaries of the political ephemera who swarm about every great move ment of reform, unappreciative of its origin, its tendency, and It's purpose. Such is the fate of the profession that studies. loves and defends the instltu- tions of civilized government and has ever been. their most powerful con structive and conserving force.
 The preservation of our Constitution