Los Angeles herald., 1907-08-27

resulting discussion will be a proposed
amendment to the constitution Of the
United States. Until it's appearance, the
discussion of the merit of such meas
ure can be postponed. We have now to
deal with very different question.
Mistaken Assumption
Indeed it is claimed that, from the
adoption of the federal constitution down
to the present time, we have proceeded
upon the mistaken assumption that GER
tain powers supposed to belong to the
states did in fact reside in the national
government-an assumption which has
been shared by representatives of the
various powers of the federal government,
as we'll as by the like representatives of
the state government. While no one, to
my knowledge has stated the question in
terms so broad as that just used, never
theless, in the end, 1t amounts to this If
the present claim Is allowed that powers
hitherto exercised by the states with the
knowledge and consent of the federal
government may now be exercised by the
federal government. The only foundation
for this doctrine would be the assertion
that the powers were wrongly exercised
In the first instance and that ever since
the states have usurped the functions of
the national government.
This must be SO, since the enumerated
powers vested in the federal government
and the powers reserved to the states and
to the people by the constitution and in
the first amendment comprising ten
articles have not been changed. The
thirteenth, fourteenth and fifteenth
amendments in no wise relate to the
powers now being considered. The con-
stitution as to them stands as it did in
the beginning. 1t seems rather late to
argue after century of judicial and
political Interpretation, with the acquies-
cence of every department of both state
and federal government, that the constitu-
tion Is not after all what 1t has seemed
to be all these years. That as a matter
of fact, although a contrary opinion has
been unanimously entertained for CEN
tury, the federalists achieved in great
measure the victory for which they
Strove.
1T is however true, that, on every
hand We hear not only suggestions of a
broader control by the federal govern
ment of corporations than the constitu-
tion seems to warrant, but also argu-
ments to the effect that while the nee
essary power is not to be found among
the enumerated powers in the consti-
tuition, the desired result may be brought
abount under the inherent or sovereign
powers of government.
Seek to Escape State
1.-THE claim for federal control has been
made by representatives of insurance
interests as a measures of relief from
state supervision, and by certain rail-
road officials for practically the same
reason. One of the latter in a recent
address, after stating that a railroad
not engaged in interstate traffic is SUBJ
ject to the jurisdiction of the state, said:
When, however, it engages in interstate
traffic by irterchanging with other roads
extending beyond the state it thereby
becomes interstate, and its situation un-
der the law is entirely changed. 1t has
become subject to the whole body of the
federal law relating to interstate COM
mon carriers and has removed itself from
all state laws governing the same sub
ject
He also said I believe that the cap
utilization of the railroads should be
directly under the federal law, which
would provide federal authority to con-
struct and operate railroad, the pur-
pose of which is to engage in inter-
state traffic either over its own rails or
through connecting lines
Officials and others have suggested
various schemes having for their object
the bringing of railroads, other corpora
tions and interests under the exclusive
control of the federal government. To
that end national incorporation has been
proposed, as has also a federal license
system, the plan of the latter being to
prohibit common carriers and others in
terested in commerce from participating
in interstate commerce without license,
the license only to issue upon an agree
ment to obey all federal requirements.
The aim of the movement in SO far as
it relates to railroads and one of its pur-
poses have been stated as follows:
There must be vested In the federal
government a full power of supervision
and control over the railways doing in
terstate business. 1t must possess the
power to exercise supervision over the
future issuance of stocks and bonds,
either through a national Incorporation
(Which should prefer) or in some similar
fashion.
The federal government will thus. be
able to prevent all overcapitalization in
the future; to prevent any man hereafter
from plundering others by loading rail-
way properties with obligations and
pocketing the money instead of spending
it in improvements.
Make Another Contention
"Another contention of far-reaching i'm
mort Is that the power OF congress to
regulate commerce, which has been held
to include the right to regulate the in
4atitto, tbroxtUh which Interstate