The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-06-25

New Haven, Conn, June 25-Tht
graduating classes of the Law Schoo
Ssof Yale University were addressed
yesterday evening by Senator Plilan
der c. Knox, of Pennsylvania. His
address follows:
Subject: "The Development of the
Federal Power to Regulate Com
merce.
Mr.. President, Mr.. Dean and Gentle
men of the Yale Law School:
There are no questions before the
pOrtance than those relating to the
Federal control over commerce.
That power was granted chiefly as
a safeguard against commercial hos
tilities and reprisals between the
states. 1t remained practically dor.
mant until comparatively recent
years. 1t is now clearly recognized as
great affirmative and constructive
power, not limited to composing diff
ferences between state laws and sys-
TENS. but constitutionally capable of
effective and fruitful development in
a region all its own. II some respects
it may be said to be the greatest pow
possibilities of its application are CO.
extensive with the possibilities of the
expansion of the vast subject to which
it applies.
Nothing therefore. is of more con-
sequence in our governmental affairs
than ali accurate understanding of the
scope of the National and state pow
ers in respect to commerce and the
activities related to commerce, for no
effective regulation is possible in eth
er sovereignty 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
constitutionally accomplish everything
that seems good for the people and
are constantly raising expectations
upon this line which cannot possibly
be fulfilled.
Notwithstanding the complex sys-
lSIH putty pISNdIS III lAlAS
country, the American people have a
complete and entire system of gov
er1ment with all the powers necessa-
ry to deal with every subject and sit
uation. All governmental 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 govern
meats are supreme in state affairs,
and the National government supreme
in National affairs does not result in
the deduction that there are any af-
fairs which may escape government
control.
While the constitutional powers of
the Nation and the reserved powers
of the states remain ever the same,
the question as to when an act or
transaction is exclusively a state af-
fair, subject to state control, or a
National matter subject to National
control, is one OF fact as well as law
AID 1t can be readily understood that
the facts differ at different periods
of our development and under differ
ent circumstances relating to the sub
ject.
That which in the earlier period of
our history was a matter of state con-
Germ may become one of National con-
Germ by the establishment of CONNER
cial intercourse in respect to 1t with
other states and foreign nations. or
become a National concern because
Of conditions affecting the subject
which call for the exercise of nation
al power heretofore dormant The
power to regulate this intercourse or
commerce between the states. the
right to engage in which the Consti-
tuition did not create. but which ex-
listed at the time of it's adoption, was
given to the Federal government by
the Constitution
The constitutional power of regula- |
ton having been granted to the Fed |
eral government in respect of a sub
ject naturally liable to development |
and change. It can be said its authors |
contemplated q corresponding en-
larEement: not. be II observed. In the
power. but in its application to the