The Cairo bulletin., 1907-08-27
GOVERNMENT AND
THECONS1|IUT|ON
EiGcUSSED nv JUDGE ALTON q.
PARKER BEFORE AMERICAN
BAR ASSOCIATION.
RIGHTS or THE STATES
Upheld and Tendency to Enlargement
Of Federal Power Held to Be
Subversive Of constitu-
tional Government.


Portland, Me, Aug. 2G.-The Ameri
can Bar association met today in this
city and will be In session several
days, hearing reports Of committees
sand addresses by some or the leading
jurists Of the country. The opening
address was made by Judge Alton B.
Parker. president of the association
who spoke In. part as follows:
The reeent claims for federal inter
vention In directions heretofore un.
heard OF are based upon the Com,
.merce and Pest Road provisions of
the constitution. As to the first, the
constitution says the congress sha 1
have power 20 regulate commerce
with foreign nations, and among the
several states, and with the indian
tribes is it within the spirit and
purpose of that provision, that con
gress may control the manufactures
and all other productive interests Of
the states, whether controlled by Ia
diyiduals or corporations. the crea
tions OF the state? The answer OF
even casual student of the consti-
tuition and the conditions surround
ing its making must be In the mega
tive. Nor ii authority lacking to sup
port the proposition that production
is not commerce tKidd vs.. Pearson.
12S L. s.. -. And it is authority to
regulate late rstate commerce, nor
production within state, that the
constitution confers upon congress.
An attempt, therefore. to deny to the
harmless and useful products OF a
state entry into Interstate commerce.
would violate the letter and spirit of
the constitution. Suelt 4 pgonnsitian.
! believe, would not survive the test
Of constitutionality IN the supreme
court. But the result OF even an at
tempt On the part Of congress to seize
the power of the states and deprive
them Of so large d measure OF con-
troll would be most unfortunate.
1t ii not my purpose to discuss the
merits oil the various claims for an
increase of the federal power at the
expense of the states. In the end
such Of them as are fayorably acted |
upon by congress, Will have to pass
the test OF consttutionality before
that greatest of all courts, the su
preme court of the United States |
and such statutes will stand or fall |
as they show, or fail to show fidelity |
to the spirit and purpose of the con.
stitutien.
The attempts, however, on the part |
Of the federal government to despoiI |
the states of the powers and func-
tions belonging to them, will not |
tend to smoothness in the working |
of our dual scheme OF government |
Already it has had its effect The in
dignation of the governing sorces of |
many of the states is already arous-
ed. 1t Is shown in the legislation |
of the year 1t had not little to do.
in my judgment, with the recent con
tiict Of judicial authority in North
Carolina.
From many quarters for the past
two years have come the iteration
and re-iteration of the necessity for
the assumption of federal control,
based in the main on the feebleness
or neglect of the state governments
The tide of speech and writing. If not
of public sentiment. has been so
strong that only here and there could /
be found person who would attempt
to stand against It. When he was
found, his motives We're discredited.
So, when a Judge in the performances
of what he undoubtedly conceived 1
to be his duty. restrained the opera
tion CT the legislation of a sovereign
state. IL seemed to some. doubtless,
but the elimination of a series of as
saults by the federal government up
on state governments. And yet VIC
know that. by the Fourteenth Amend
ment, the power has been conferred
upon the courts of the United States
to set aside state statutes. and state
constitutions as well, if they deprive
any person of life. liberty or prop
erty without due process Of law.
1t was the understanding. l dare
say. Of the great majority Of the
people who voted for it, that the pur-
pose of the amendment was to pro
tect the negro. But il was not SO
limited in terms. for indeed. its Ian
guage embraces every person. And
while that amendment remains a part
OF the constitution. the federal courts
have Jurisdiction to pass upon the
question whether a given statute
does or does not violate the Fssr-
teenth Amendment
While this is so. it seems to me
that courts. both federal and state.
should always bear in mind tar
comfy which has thus far enabled
the dual jurisdictions to we=k togeth-