Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-15

and at least pretence that the reve-
nue. was needed. But here is a simple
proposition to establish a tax for the
purpose of reducing swollen fortunes,
an diff 1t brings revenue. which we do
not need, we can readjust our revenue
system so as to abolish other taxes A
progressive income tax would natural
ly be the next step.
But our statesmen are not content
with the exercise of powers granted
even though they exercise them for
very different purposes from those in
tended, thereby twisting and wrench
ing the constitution violently. The
possible exercise of granted powers is
far too limited to meet the needs of
the hour They have advanced a new
and marvellous doctrine in as fragrant
contradiction to the constitution as
one can well conceive. 1t may be
called the doctrine of continuous jur-
isdiction. The whole field of possible
governmental authority, according to
this theory is divided between the
state and federal governments. There
is no gap-the field Is continuous.
Whatever does not belong to the state
government belongs to the federal
government What does not belong to
the federal government belongs to the
state government And IL the state
government does not advance to oc-
cupy its portion of the field the fel-
eral government must do It for it-all
this In fiat contradiction to the consti-
tuition, which says expressly that i'll
powers not granted to the federal gov
ernment or prohibited to it or the
states, are hereby reserved to the peo-
pie or the states espectively-thus es-
tnh IA 1feHf In 90 dc lfrnnr-
tinuous jurisdiction, or better said the
possibility of it. From such doctrine
as this it would only be single step
to the further proposition that If the
state did not occupy the field satisfac-
torily--if its laws were not efficient "
1t would be the duty of the federal
government to advance and extend its
Jurisdiction over the field to the ulti-
mate exclusion of the state. This is
liberal Interpretation with a ven
geanee.
Under such a process as this we
should gradually develop a supreme
centralized government which would
extend its jurisdiction. into every field
and gradually supersede that of the
states, or at any rate emasculate the n
to such an @ytent as to deprive then
of all initiative and efficiency.
Surely this is not the process Ivy
which an intelligent and free people
should work out a proper distribution
of powers between state and nation
between the central and local govern
ments
The possible solution of the gceat
problems of our civilization depends
among other things upon q proper
distribution of governmental powers
between the locality the state, the ma
ton This proper distribution will
never come about by accident. 1t will
be the result of foresight, thought and
experiment.
LIE, one think that the problem will
solve itself or that the federal gov
ernment win be held in check by the
courts.
In the first place. II is not a ques-
/ ton primarily of holding the govern
ment in check at all, but Of finding
what powers 1t should exercise in the
interest of the nation and then giving
1t these powers in plain. ineligible
terms. And this, Of course, Is no func-
tion of the courts, but is the function
of a constitutional convention
In the second place. the courts, far
from being check upon the federal
government, have on the whole aud
in the long run been the most power
full apologists and defenders of fed
eral encroachment, upon individual
and states rights. And they always will
be so. In the first place they are the
creatures of the legislative and ex-
ecutive authority and feel themselves
naturally to be a part OF the Same
body In the second place, by a law
of their own being they are bound to
consider every law passed by the leg
islative authority as constitutional un-
less 1t Is very plainly not so. TIL q
must give the benefit of the doubt
to the government The fact of the
passage of a law raises a presumption
in favor of its constitutionality Fur
ther, they always refuse to consider
the question of constitutionality of n
law unless 1t comes before them lna
volved in some case i'm law or equity
and then thev will decide the case IL
possible without passing on the consti-
tutionality of the law. In q word.
/ they are supporters. not critics, of the
coordinate departments of govern
ment and must always remain So
4 We cannot rely upon them therefore
J to protect the large and fundamental
interests of the nation in this respect.
The fact is our present constitution
has been so changed by construction
and Interpretation that its authors
would never recognize It, And Il we
had not have changed 1t. our union
would have gone 10 pieces long aga.
It Is full of antiquities even now,
/ though the American people have
/ spent more blood and treasure In Civ
ing 1t a definite meaning than they
| have spent in all the wars of defense
and offense which they have waged
in the century and a quarter of their
existence.
One of the fundamental purposes Of
constitution is to enable people ~
pass over easily and quietly from one
social and Industrial state to another:
to enable II to move forward discard
ing the useless and worn out while II
holds fast to everything that was good
| In the old. tH
our constitution Is marvellous In
strument and no one can study its
origin and development without being
filled with wonder and admiration.
But we must not forget that II
proved inadequate TO enable the ma
tion to progress peaceably from a state
guaranteeing the existence of African
slavery to one In which that nstl.a-
\ tlon had disappeared. /.
All the present indications po'ht
clearly to the fact that It Is male