The Montgomery advertiser., 1907-10-03

tutlonal 6ssss really turn not upoa ths but upon he construction.S the risht appreheneion Of the livins conditions to which t 10 to be sppIied.
 Ine Constitution Is now ana must It can oniy be interpreted as the in- tereBts of the whole people demand. if interpreted as a living organism, de-
 ot 'S Of %sss asssh the s osnsr words
 terprefed as Marshall interpreted it as Wfisoff declared 1t should be intaT- preted. Inc Marshall theory. the the- tfD nation. that is to the people as | whole, when once 1t hnd9 subject within the national cognixance, the W&dest and freest choice of methods cry exercise of national power which has any reasonable relation to national objects. The negation of this theory means. 1n Tor instance that the nation. of this country-wiil be left helpless to control the huge corporations which now domineer in our industrial Ii c Of the courts to work their desires un- checked; and such decision would In the end be as disastrous for them az for us. If the theory of the Marshall of national power. now unused. will be developedA which will be adequate for dealing with many, If not all. of the ws slsi wni1h ,rn ,n ysx ,na Ss ana threat of constant osciiistion be- tween economic tyranny and economic chaos. Our industrial, and therefore our social future as a nation depends tion. The Constitution is unchanged and unchangeable save by amendment in due form, But the conditions to which | If Is f0 hQ a e change which is almost transform- ation with the result that many sub Jects formerly under tbe control of the states have come upder the control of
 As one of the Justices of the. su- preme Court has recently said A-rhs growth of national powers, under our Constitution, which marks merely the great outlines and designates only the great objects of patiopal concern, is to pc compared to the. growth of conn- try not by the geographical enlarge crease of its ropulatton."
 hundred years ago there was, except the commerce which crawled along our seacoast or up and down our terstate commerce.. Now. by the rail road. the malls. the telegraph, and the telephone an immense part of our com ton it has y ahs ts % the State and come under the power of the nation. Therefore there has been a great practical change in the exercise of the national power. under the acts of Congress, over interstate commerce.. while on the, other hand there has been no noticeable change in the exercise of the national power ito regulate commerce with foreign nations and with the Indian tribes" The change as regards interstate commerce has been, not in the Constitution, but in the business of the people to which 1t is to be applied. Cur economic and social future depends in a very largo power of the national is interpreted
 Nation With a Big N.
 I believe that the nation has the whole governmental power over Inter state commerce and the widest discre- ton in dealing with that subJect:~ of scribed in the Consultation for the ex- ercise of all powers. such for instance as the coif1ition that due process of law" shall not be denied. The nation state commerce. even where 1t is con ducted by the same agencies which con- duct interstate commerce. The courts must determine what Is national and reason which sustained the power of Congress t0 incorporate the United States Bank tends to sustain the power to incorporate an interstate railroad, or any other corporation conducting an interstate business.
 There are difficulties arising from our dual form of government If they prove to be insuperable resort must De had to the power of amendment. Let us first try. to meet them by an tional government which in the Mar shall spirit of broad fnterpretation can be found in the Constitution as 1t is. They are of vast extent. The chief