The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-24
HARLAN DENIES NATION
is USURP|NG POWERS


the justice OF the complaints that the
Federal government is usurping powers
that do not belong TO IL under the con-
stitution. Associate Justice John NJ. Har-
Ian I'm a notable address thus summarized
his views on the subject:
ut is true that national power. as now
exerted. covers a wider field Of action
than II did in the early days OF the repub-
dc: but that does not prove, as the pessi-
mist would have us think. that the gov
ernment has usurpod powers hat do not
belong 10 IL and has entered the domain
reserved by and for the states. IL proves
only that the nation has. from time TO
time. as the public interests demanded
brought into active operation powers
which congress had not previously chosen
20 exert"
Mr. Harlan was the guest OF honor at
dinner given by 'The Kentuckians" (the
Kentucky club OF New York;. In COM
memoration OF The completion, on Dec. 10.
of the distinguished jurist's 20 years OF
service on the supreme bench.
The dinner was largely attended. Presi-
dent Roosevelt sent letter, which said:
''All that can do Is 10 extend through
you my heartiest good wishes 20 the
diners and the assurance OF my very sin
cere and earnest esteem and good will
20 that fine old American patriot, that ad-
mirable public servant, Justice Harlan.
who. In the army and on the bench, In
public life and private life, has stood for
what is highest In American citizenship
Vice President Fairbanks. I'm letter OF
regret AT being unable TO be present. eulo-
gized Justice Harlan as that great KEN
tuckian and more great American and
Speaker Cannon In a similar letter spoke
OF the jurist as zone who has added so
much TO the imperishable fame of the
great tribunal OF which he Is member"
JUSTICE HARLAN's ADDRESS.
Justice Harlan. being greeted with
round OF applause that lasted for several
minutes. spoke as follows:
There are some. Mr.. President, who
think they see dark clouds upon the hori-
zon OF our future and express grave APP
prehension as TO the stability of the gov
ernment ordained ny the people OF the
United States and established by the con-
stitution. In population OF O,WnV0. COM
prising people from all parts OF the, earth,
many OF whom have no proper conception
OF liberty regulated by law. nor 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 disaster
such persons are quite unhappy when
the facts do not Justify them In believing
that everything IL going wrong. But there
Is no occasion for alarm. The American
people knowing that eternal vigilance Is
The price OF liberty. will take care that no
harm shall come TO the government,
The nation is supreme within the
sphcre of it's action as defined by the
Constitution. and Its authority. when le-
gally exerted. binds every state as we'll
AZ all individuals within the territory OF
the United States. The glory OF the re-
public is that It's affairs arc regulated by
. written Constitutions Fundamental
law which distributes the powcfs OF gov
ernment among three separate, coequal
and coordinate departments. each exert
ing the authority and only the authority
conferred upon IL. and which law. until
amended In the mode prescribed by itself,
must be deemed supreme over the con-
Eress, over the president. over the courts.
over the states aud over the people them
selves.
The pessimist is mlsled by tho declara-
tion OF some. happily few in number. who
hold that whatever tho words OF the
that instrument should be so
construed as TO make 1t mean what ma
FORTY Of the people think at a given time.
a should mean. lie Is also mislcd by the
Theory advanced by those who hold that
congress must be permitted to exert any
governmental power Whatsoever. not ex-
pressiy denied to II. IL that body deems
that It's exercise will promote the general
welfare
But such theories, OF constitutional con-
structioh find no support in judicial de-
cisions or I'm sound reason. least OF all In
ahc final judgments OF that tribunal whose
greatest function Is 10 declare the mean
ing and scope of the fundamental law.
The national government, II should
ever be remembered, Is one of limited,
delegated powers, and Is not pure DEM
ocracy, In which the will OF a popular ma
5ority. az expressed at the polls, at a par
aicular time, becomes Immediately the SUI
prcmc law.
MAJORITY MAY BE WRONG.
1T would be a calamity unspeakable II
our institutions and the sacred rights OF
hfc. liberty and property should be put
a. the mercy of a majority unrestralned
BY written supreme law binding every
department OF government. even the peo-
pie themselves. The pessImist--indeed all
may take courage I'm the fact that II
has become a recognized rule OF consiruc-
tion that the Constitution Is TO be taken
as meaning what it's words In their nat
ural. obvious sense. import and, IL the
people desire that II shall mean something
different. that instrument must be amend