The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-12
PARKER SOUNDS
NOTE OF WARMING
Resents Alleged Attack on
States Rights Pays Respects
to Roosevelt. &
COMMON Law IS AMPLE
Thinks Statute Giving Commits
sion Power Over Trusts
Y Unnecessary.
COMMON LAW is AMPLE
[sneelnl Is rhe rlmes-Dispatch.

Especial to The Times-Dispatch.1 4
HENDERsoNvILIE, July little
feature Of the second days session of
the North Carolina Bar Association, In
session here, was the mastery address
of the Hon. Alton b. Parker, OF New
York.
Judge Parker DISGUISED this certain
encroachment OF the lHednrai govern
4nent on the local STATE govcInnlanS--I
movement he bitterly Opposes Hcl
ron,ends that the authority Of the Fed
eral government in dealing with theI
zig corpora tions is found IN nmplel
form In the common Law, and, IN clos
ang the address, said.
The student OF our jurlsprudence,
s~rhen he first learns that here. as IN
England the common law can solve.
fand Justly solve. every problem in
civil life IL permitted to do SO, must
ssompare with wonder and amazemcnt
Aahe $4,000 pages of laws annually
splaced upon our statute books, with
@the 4G general and the 2i6 special laws
apassed by England's Parliament in I'VE
syears, although legislatins for home
apopulatlon OF forty-two millions ana
dor millions Of dependents. And his
t.wonder must deepen as he listens 10
ithe noisy acclaim of those who would
destroy the local authority OF the
states and centralize all power IN the
pleaded for overthrowing the govern
mental construction OF the fa:tlera-
that in that direction salvation hes
from the wrongs the public have sitt
fered-must seem SO trivial Us TO ne
contemplate in the light OF the ftct
that the FedeSal government could
nave checked the abuses relating TO
%!nterstate commerce before statutes
.s-.ere passed By Congress. had ! "tlder-
.naken TO do So The authorities have
.rited demonstrate that proposition.
eerhc law. therefore. was adeaui.tA ttid
ne courts efiicient-but the tedarh
iaw oficers were either tnaheauate'S
.nuippcd or unreasonahly restrained.
There is activity now. IT Is true
h,,t Il is due to frequent applications
OF the whip and spur OF the Presi-
dent. But there Is also activity In the
state governments, indeed quite as
much in some OF them as in the Fed
eral government. All the differences
then that there Is between the two Is
that, after neglecting their duty for
many years. the Federal government
started first But that fact was due
Ito the man who vas temporarily at
the head or It, not because virtue in
here's in the Federal rather than the
State governments.
"Cer,ainly no one VIII pretend that
n scheme of government which has
been found workable for more than
n century should be overturned be-
cause of the manifestations of spe-
cial zeal for good works beSotten after
recollection by<a single occupant Of the
Office.
Most Accomplished Politician.
"But the campaign against the gov
ornamental plan OF the fathers Is on and
has been for several years It has
for its leader the most accomplished
politician OF our history. Behind hin,
hoe yiNer o,I #eyra or
porations of the country which are
engaged In interstate commerce and
insurance. Their reason is that it is
easier to deal with one government
than with many. It Is not their pur-
pose to submit proposed amendments
of the Constitution TO the people as
the Constitution provides--a proceed
ure with which no one could find
fault, as 1t offers an opportunity tol
discussion before the people prior tc
their action.
Rather it is their scheme to accom-
plish the Capitalization of power b,
Unconstitutional. and therefore dishon
est, methods. These nclude:. "a Con
Eressional legislation assuming power.
not granted. but expressly retaine,
either to the States or the people; q
Executive exercise of powers no
granted. and the seizure, in one form
or another, OF powers belonging I,
other departments of government; 6
The Substitution of statutes for com
mon law.
Statutes are innexible and cannot b
expanded by judicial decisions, Legis
lators and executives. therefore, VIII
are filled with the desire to contro
and regulate men and affairs. find Fl
statute the ideal method of accom-
plishing their wishes The objection
to an overahundance of legislation b
those who desire justice rather tina
personal control. is that the men VIII
draft the stetutes cannot foresee tn
cases that will arise which do not con.
p within the letter of the statute 1t
for the opposite reason that the com
mon law Is SO dear to the hearts of al
ii students of 1t. 1t Is flexible. 1t can b
y made applicable to every new conditio
which may arise and in every in
stance can be worked out accordin
to the eternal principles of Justice.
Ample Power Given.
Herein we find a reason for the &C
tlon on the part of those interested
the scheme to centralize power in tn
Federal government.
1T was their theory that so long a
Congress omitted to legslate witt
reference to interstate commerce. tina
there was no law to protect those WI,
were wronged by those engaged i
Interstate commerce. But as we hav
ABeen, tne supreme court. decided thf
they were mistaken; that the commo
law did apply, and would continue
sppy, until Congress should, by legis
lation, supersede some or any porto
OF it by It's statutes.
'Thus 1t happens that in both Stat
and national governments, wheneve
there arise controversies which al
not within the purview OF statute
they are still governed by law An
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