The Birmingham age-herald., 1907-07-12
STATES RIGHTS
 ARE |NV|OLATE Hon. JudSon Harmon Gives De-
 cided Views
AUTHORITY IN THE PEOPLE
Before the Kentucky Bar Association the Great Jurist Speaks Upon En- croachment of Federal Power
 Upon Rights of States.

Bowling Green, Ky, July 1.-The Ken lucky Bar assoction convened here to- day with a large attendance of the most prominent lawyers of the state. President Rouse of ICovlngton presided. John M Galloway delivered the welcoming address, which was followed by the annual ad- dress of the president. Hon. J. McDer- mott of Louisville read a paper on Tax on Inheritance"
 The Hon. Judson Harmon of Cincinnati, attorney general in President Clevelands $ cabinet, adderssed the convention, taking as the text of his address "E. Plurlbus Unum." He said in part
 T recall to notice, though they can hardly be forgotten, the recent public declarations of two federal officers whose personality as well as position gives weight to their words These were, in effect, that it is the right and duty of the federal government to step in when ever, in the judgment of the men in charge of It, the state governments fail to act, or to act effectively, concerning matters which are assumed to require &C., ton by some government.
 "One of these officials gave as his au- thority for this startling proposition theory advanced by James Wilson, one of the framers of the constitution. But he overlooked the fact that this idea was rejected by the convention.
 Tn one of its unanimous decisions, which we always gratefully receive, the supreme court decided that this Is a ~rnment of enumerated powers as
 ars from the constitution, and
 solutely certain by the tenth
 by which the powers not the United States by tho
 nor prohibited by 1t to tile
 served to the state respective
 people,
 Change of Power.
 "The other official declared, without re- sorting even to the views of a framer for justification. that if the state gov ernments should fail in their duty sooner or later constructions of the constituton will be found to vest the power where t will be exercised, in the national govern ment'
 This is simply a threat 10 rob the states or the people of powers reserved to them and to do it by applying to their grant and reservation the ingenuities of legal sophistry; for taht is just what finding constructions means. They are to be hunted for with discovering intent. In view of the many decisions of the tribunal of supreme authitry, we might well regard this threat likely in spite Of it's high source but many things can be done attempted by the government which do not come before the courts be- cause they can decide only questions which arise betwene parties The eXecu- tive and legislative departments have in many instances to act on their own con- struction of the constitution, which las been no safeguard or sanction except the official oat and what they do often does not or cannot become the subject of liti- gation.
 We have however, in view especially of the latest and most timely decision, the security that any such usurpation on the ground of real or supposed necessity must now be made consciously.
 While these extraordinary proposals