The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-04-24
state Rights Now and in the Past.

The Danville (Va) Register. expressing
disagreement with our remarks upon the
decay of the old State rights Democracy,
and insisting that this is still a State
rights country, really admits the substan-
tial accuracy of our observations by say
ing that there is everywhere "a more COM
plete recognition Of the benefits Of Fed
eral legislation in maintaining popular
rights in all the States. ana that a senti-
nent due 10 necessity has arisen favorable
TO the use of the Federal power TO do what
the people in all the States want done,
provided that it be done in accordance
with the Constitution. For the extension
Of Federal power in any direction is as
offensive to your genuine State rights
Democrat as an overt attempt 10 curtail
the powers now exercised by the States
The one thing is cOrreIative 10 the other
and when a modern Democrat gets to the
point where he can admit the benefits of
Federal legislation in maintaining popular
rights in the States, he has surrendered
about all that is vital in the ancient
dogma of his party.
How far the radical Democracy Of to-
day has departed from the strict con-
struction notions of the old-line De-
mocracy may be measured by the en-
thusiastic support given by Mr. Bryan
and his followers to the anti-corporatiOn
policy of the present administration, a
policy almost wholly founded on broad
constitutional construction and very i'm
portant extensions of the Federal power
into new fields. Mr., Olney, an old
fashioned Democrat, when Attorney Cen
eral. found the Federal power inadequate
10 prosecute certain OF the trusts: but
when the Roosevelt administration came
in. a way was quickly found, and that
way consisted in an extension of Federal
power by means Of constructive interpre-
tation OF the interstate clause of the Con-
stitutiOn, without which Mr.. BOnaparte
would be as unable to prosecute trusts as
Mr.. Olney thought he was. Some of the
most significant antitrust victories won
by the administration have been gained
by procuring decisions Of the courts set
ting aside the State rights pleas behind
which the corporations sought 10 shield
themselves These court decisions have
been hailed all over the country as popu-
lar triumphs. and no political leader
ta4tllAo VI INV bAAAlS tLlt ultA STATE EiENtS
dogma in condemnation of them. Another
illustration Of the extension Of Federal
activities is afforded by the rural free
delivery system, which was opposed in
its incipieney by Postmaster General VII
son on the ground that it involved toe
great an enlargement Of Federal fune-
tons. and It was with much misgiving
that he authorized a few experimental
routes. It would be difficult, we imagine,
70 find anybody of consequence nowadays
holding precisely the same view of the
rural free-delivery system as Mr.. Wilson
did. We are living in another political
era.
True enough. this Is still State rights
country, but not in the old way. No one
seriously proposes any radical change in
the functions of the several States, or in
their relations to the Federal government,
but there is much less disposition to cavtl
at such extension of Federal power and
function as seems required for the gen.
eral welfare. Ire whole country, we
think, is approXimating the view taken
ri Gov Hughes. that questions involving
extensions OF Federal power viii DC de-