Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-15

4
an diff IL brings revenue, which we dc
not need. we can readjust our revenue
system so as to abolish other taxes A
progressive income tax would natural
ly be the next step
But our statesmen are not content
with the exercise of powers granted
even though they exercise them foI
| very different purposes from those in
tended, thereby twisting and wrench
ing the constitution violently. The
possible exercise of granted powers Is
iar too limited to meet the needs OF
the hour They have advanced new
ana marvellous doctrine in as fragrant
contradiction to the constitution as
one can well conceive 1t may be
called the doctrine of continuous jur-
isdiction. The whole field of possible
governmental authority, according To
this theory. is divided between the
state and federal governments. There
IS no gap-the field is continuous.
Whatever does not belong to the state
government belongs to the federal
government. What does not belong to
the federal government belongs to the
state government. And IL the state
government does not advance to oe.
cupy its portion of the field the fell
eral government must do II for it-ali
this In fiat contradiction to the consti-
tuition, which says expressly that al
powers not granted to the federal gov
ernment or prohibited to ii or the
states are hereby reserved to the pen-
pie or the states respectively-thus es-
tablishing in so many words discon-
tinuous jurisdiction, or better said the
possibility of 1t. From such doctrine
as this il would only be a single step
to the further proposition that If the
state did not occupy the field satisfa =
torily--if its laws were not efficicut =
II would be the duty of the fe1a"al
government to advance and extend its
Jurisdiction over the field to the ulti.
mate exclusion of the state. This is
liberal Interpretation with Ven-
geance.
Under such process as this we
should gradually develop a supreme
centralized government which would
extend its Jurisdiction into every field
and gradually supersede that of the
states, or at any rate emasculate th N
to such an Sxtent as to deprive then
of all initiative and efficiency.
Surely this is not the process hy
which an intelligent and free people
should work out proper distribution
OF powers between state and nation.
between the central and local govern
ments.
The possible solution of the gceat
problems of our civilization depends
among other things upon proper
distribution of governmental powers
between the locality. the state. the ma
tion. This proper distribution will
never come about by accident It will
be the result of foresight, thought and
experiment.
Let one think that the problem will
solve itself or that the federal gov
ernment will be held in check by the
courts.
In the first place. 1t is not a ques-
tion primarily of holding the goVeri-
ment in check at all, but of finding
what powers IL should exercise in the
interest OF the nation and then giving
II these powers in plain, intelligiblo
terms And this, OF course, Is no func-
Iion of the courts. but Is the function
Of constitutional convention
In the second place. the courts. far
from being a check upon the federal
government. have on the whole and
In the long run been the most power
ful apolOgists and defenders OF fed
aral encroachment upon individp1l
and states rights. And they always will
be So In the first place they are the
creatures of the legislative and ex-
scutive authority and feel themselves
naturally to be part of the same
body. In the second place, by law
Df their own being they are bound 20
every law passed by the leg
slative authority as constitutional un-
ess 1t is very plainly not So rh y
must give the benefit of the doubt
% the government The fact of the
passage OF law raises a presumption
n favor of its constitutionality. Fur
her, they always refuse to consider
h. ff Ef ~ of "A
aw unless it comes before them in
5olved in some case i'm law or equity
md then they will decide the case IL
possible without passing on the consti-
Of the law In a word |
hey are supporters not critics. or the
coordinate departments Of govern
nent and must always rcmaip so
We cannot rely upon them therefore |
O protect the large and fundamental |
of the nation in this respect.
The fact is our present constitution |
las been so changed by construction |
md Interpretation that its authors
would never recognize II. Aud " We ]
rad not have changed Il. our union
would have gone TO pieces long agf
I Is fun of antiquities even now,
hough the American people haV'
pent more blood and treasure In Civ
ne II definite meaning than they
lave spent in all the wars of defense
nd offense which they have waged
n the century and a quarter OF their
xistence
One Of the fundamental purposes OF
constitution Is to enable people ~
ASS over easily and quietly from one
ocial and industrial state to another;
q enable it to move forward disca~1-
ng the useless and worn out while u
olds fast to everything that was good
! fhe old
our constitution Is marvellous in
trument and no one can study It's
rigin and development without being
lied with wonder and admiration.
But we must not forget that II
roved inadequate TO enable the ma
on to progress peaceably from n State
the existence of Arr IN
aVeFy TO one In which that 'nsti.i-
on had disappeared.
All the present indications po ~
early 10 the fact that Il is male
uate to enable the nation 90 solve ihe
lany pressing problems relating %
ur society. industry and politics
n Is generally conceded tnai the
deuuate regulation Of commerce
sing that term In the modern sense
Iven 90 IL by our courts In their pro
sss Of enlarging the meaning OF ne
quite beyond the eco
omic and political ability Of our state
II is equally plain that
lr federal government cannot Crap
e with the problem successfully ,
ithout exercising powers which can ,
li he deduced from any granted IN ,
Ie instrument unless g proceed 20 use ,
Dwers granted plainly for one pur-