Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-15
President of Illinois University
in Daring Address at James
town Advocates Adoption of
New Organic Law.
PRESENT INSTRUMENT
PRONOUNCED ARCHAIC
Twentieth Century Problems
Require Twentieth ,tJry
Means for Their oIution;
Statesmen Afraid of Issue.

Norfolk. Va, Sept IA large
number Of Illinoisians, headed by Gov
ernor Charles S. Deneen, participated
today in the celebration of Illinois day
AT the jamestown exposition DR. Ed
mund j. James, president of the Uni
versity of Illinois, was the orator OF
the day. Brief addresses were also
made by Governor Deneen and Gov
ernor swanson. OF Virginia. A lunch
con was rendered the party this aft
ernoon by the exposition management,
followed by parade of troops.
DR.. James took as his subject the
need of new federal constitution He
spoke in part as follows:
II is highly. demoralizing for an in
divdual, state or nation to pretend
to live up to principle and make no
attempt To do so; to pretend to OBJ
serve law and yet habitually violate
H. to pretend to keep within the linn
its Of written constitution and yet
constantly overstep them.
IT is equally, If not more demoral-
izing to go our way, do what We please
without regard 10 anything but our
own views of expediency and then
maintain that all these things are in
harmony with our professed princi-
pies, our accepted laws and our writ
ten constitution. when IN order to JUS
tify this view. Il be necessary to inter-
pret these principles, laws or consti-
tuition in such way as to violate all
rules Of logic and accepted canons of
interprets.tion.
This Is what we are doing in the
United states today In respect of our
federal constitution. So far has this
process OF construction been carried
that the confidence of the average
man in tho projections and guaran-
tees of the constitution has been pro-
foundly shaken. II Is no uncommon
remark that If the constitution IL the
only thing which stands In the way of
proposed law, some means can be
found of evading that
The fact Is that we have come face
TO face in our national development
with problems of such cOmplexity and
such MAGNITUDE that they cannot be
solved without large cooperation of
the federal government; and this CO.
operation cannot he extended within
the limits Of the constitution as il is
unless indeed we are willing to adopt
new and enlarged principles of con-
structton which would practically null
lify the most important provision in
the constitution and convert II from
an instrument delegating certain linn
tied functions into an instrument vest
ing an unlimited and ever widening
authority in a government which BY
its very magnitude, would become ever
more irresistible.
There are not wanting signs wat
our leading statesmen in both great
parties are unwilling to face this is
sue. One indeed, claims that the au-
thority Of our states is ample to deal
with all problems which by the CON
stitution are not assigned to the red
eral government. This Is. II seems to
me. such a hopeless view that " Is
hardly worth discussing. II any po-
litical party should try to act logically
upon this principle. II would thrust us
back so far into the ante-bellum DAYS
that our union would become a mere
league Of dlscordant belligerent states.
each trying by the exercise of its So
called sovereign powers to extract the
utmost advantage from It's fortunate
position at the expense of its neigh
bors. Thus. Illinois might lay under
contribution the commerce of the ma
ton as II passes east or ives: through
its territory, and Colorado charge for
the water flowing in its rivers. each |
state would try to get the utmost |
profit from taxing foreign corporations 1
to the limit. etc. In other words. we /
should apply most effective brakes in /
every direction to the wheels OF ma
iional progress.
Fortunately for US. no political 1
party Is logical and the extreme /
states rights advocates would recoil /
from the logical consequence Of their |
own ideas. Moreover, we have al I
ready progressed so far in the other
direction that there would be no great
likelihood Of turning back the wheels
of progress.
This way out OF our difficulties then |
is no way az all and We shall not be
apt to travel it--no matter how much
we talk about Il.
on the other hand, able statesmen
propose to march forever in the di-
roctiOn Of expanding federal power by
the process OF constructing the instru
ment in an ever more liberal spirit
Thus. one leader. and none j. more
able than he. proposes 20 limit the
growth Of fortunes BY a federal pro-
gressiye inheritance tax. This r.
simple proposition that the federal
government shall enter upon the field
% social Legislation and inasmuch as
no authority Is given 10 it by this con-
siitution to do -. this statesman pro-
DOSES to use the taxing power Of the
federal government for this purpose.
Now. Il Is difficult. OF course. 10
prove that the sole purpose for which
me taxing power was conferred upon
the federal government was 10 enable
20 10 raise revenue for its needs. But
j has been indeed used to drive state
bank notes out Of circulation. 10 build
un a set Of protected Industries. % de-
stroy the manufacture of artificial but
ter. In all these cases. there was az
least a pretense Of exercising the pow
ef for the purpose Of raising revenue.