The daily morning journal and courier., 1907-06-25
CONGRESS CANNOT FORBID COMMERCE Can Regulate Interstate Trade to Secure Equali- ty of Commercial
 Right. SENATOR KNOX
 AT LAW SCHOOL. National Government May Close Channels Only to to Those Who En-
 danger Them.

At the anniversary exercises of the Yale Law School held in Hendrie hall yesterday afternoon. Senator Philander c, Knox of Pennsylvania delivered the following address on "The Develop ment of Federal Power to Regulate Commerce"
 MT. President, MT Dean and Gentle men of the Yale Law School:
 There are no questions before the American people to-day of greater im- portance than those relating to the fed eral control over commerce.
 That power was granted chiefly as a safeguard against commercial hostili- ties and reprisals between the States. It remained practically dormant un- til comparatively recent years. It Is now clearly recognized as a great af- frmative and constructive power, not limited to composing differences be- tween State laws and systems. but constitutionally capable of effective and fruitful development in a region all its own In some respects 1t may be said to be the greatest power lodged in the general government and the possibilities of It's application are CO., extensive with the possibilities of the expansion of the vast subject to winch fl. applies.
 Nothing, therefore, Is of more conse- quence in our government affairs than an accurate understanding of the scope of, the national and state powers in re- spect to commerce and the activities related to commerce, for no effective regulation Is possible in either sover- eighty if the power of the one could be usurped or obstructed by the other. This will be understood and conceded, except by those who appear to think the federal government can constitution ally accomplish everything that seems good for the people and are constantly raising expectations upon this line wkdch cannot possibly be fulfilled.
 Notwithstanding the complex system O. pollty which prevails in this country, the American people have complete and entire system of government with all the powers necessary to deal with every subject and situation. All gov errmental authority is Included in one or the other, or in both, of the two sovereignties which constitute the American system.
 The fact that the State governments are supreme in State affairs, and the national government supreme in na- tional affairs does not result in the de- ductlon that there are any affairs which may escape government control
 While the constitutional powers of ths nation and the reserved powers of tho States remain ever the same, the question as to when an act or transac- tion is exclusively State affair, sub- ject to State control or a national mat ter subject to national control, Is one of fact as well as law, and 1t can be readily understood that the facts dif- fer at different periods of our develop rnent and under different circumstances relating to the subject.
 That which in the earlier period of our history was matter of State con- cerE may become one of national con- cern by the establishment of commer- cial intercourse in respect to 1t with other States and foreign nations or be- come a national concern because of conditions affecting the subject which call for the exercise of national power heretofore dormant The power to reg ulate this intercourse or commerce be- tween the States, the right to engage in but which existed at the time of it's adoption, was given to the federal gov erflr1ent by the constitution.
 The constitutional power of regula- Eion having been granted to the federal government in respect of a subject nat urally liable to development and change, 1t can be said its authors con- templated a corresponding enlarge ment; not, be 1t observed, in the power, but in its application to the expanding subject. When congressional powers are arplied to new conditions it is not, as 1t sometimes seems to be, an extension o? expansion of the power, but an in- dication of change in or extension or expansion of the subject upon which the power operates. Neither the power to regulate commerce nor the concep- tion of it's scope has expanded beyond It's definition by the supreme court when first considered, nearly one hun dred years ago. It was then pronounced Complete in itself, that 1t may be ex- ercised to It's utmost extent and &C., knowledges no Limitations other than are prescribed by the constitution"
 "The design and object of that power (the commercial power), as evinced in the history of the constitution, was to establish a perfect equality amongst the several States as to commercial rights and to prevent unjust and in- vidious distinctions which local ieal- ousies or local and partial interests might be disposed to introduce and maintain"
 The necessity to. exercise the national power over commerce arises largely ous of the failure of the States to reg ulate wisely great corporations created