The Columbus commercial. (Columbus, Miss.) 1893-1922, 1907-01-22
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The following eha' ol id able
address delivered az III ge J. NJ.
Dickinson, of Chi,ers stout for
nerly of Columbteet- Eshe New
York State Bar A4use p.on, held
at Albany, N. Y. .ers lt January
18th, will be inte2ut cig to all
who have the pie - ), of an
acquaintance with Or g distin-
guished jurist: W
The President of the United
States in a speech made at Har-
rieburg on the fourth of last Oc-
tober, after referring to evils
springing from the growth and
prosperity of the country, the
conditions produced by industri-
al changes, and the necessity for
governmental action, said:
In some cases this government
al action must be exercised by
the several States individually.
In yet others it has become in
creasingly evident that no eff
cient State action ia possible, and
that we need, thorough executive
action, thorough Legislation and
thorough judicial Interpretation
and construction of law to in
crease the power of the federal
government.
On the 18th of December last,
in New York, Mr.. Secretary
Root, after referring to the
changed conditions in the senti-
ments- and business and social
habits of the country, the tenden-
cy to do through national action
things formerly done through
the action of the several States,
the obligation of the States to
correlate their action to the well
fare of the country at large, the
stimulation by a failure to rer-
form such duty to an appeal to
the general government to exer-
else control over matters that
have been considered the exclu-
sive right of the states," said:
''It is useless for the advocates OF
States rights to inveigh again Al
the supremacy of the constitu
tionaI laws of the United States
or against the extension of o.
tional authority in the fields of
necessary control, where the
States themselves fail in the per-
formance of their duty. The in
stinct for self-governm ment among
the people of the United States
is too strong to permit them long
to respect any ones right to ex-
ercise a power which he fails to
exercise. The government t q
control which they deem just and
necessary they will have. 1t N ay
be that such control would better
be exercised in particular instan-
ces by the government of the
States, but the people will have
the control they need either from
the States or from the national
government, and If the States fail
to furnish it in due measure,
sooner or later constructions of
the Constitution will be found to
vest the power where it will be
exercised in the national govern
ment.'
These statements announced
the doctrine of Capitalization by
construction and Interpretation
of the Constitution. In asking
your atte ntion to some observa-
tions upon them and the princi-
pies which they involve, | am
moved by no spirit Of party, but
only by the conviction that such
declarations bearing the impri-
/ matur of such great names should
challenge the consideration and
respectful judgment of a II
thoughtful Americans, and es-
pecially of the American lawyers
They were made with deliber-
alton, upon important public oc-
casions, with full knowledge tha'
they would ring round the world
| by earnest men, of deep convic.
| tions, who do not trifle in phrase
| making, and whose whole minds
and hearts are consecrated to tht
welfare of the American people
With the directness and courage
lof Luther when he nail ed hi
theses on the door of the churcl
at Whittenberg they have chal
lenged all comers to high debate
, / am not presumptuous enougl
to enter the lists as a champion
but only make bold to perforI