New-York tribune., 1908-03-01

brought before fessz-ai courts for decision. Thus
The judicial ,sower in the Constitution is extend
ed 10 controversies between citizens of different
states. The reason for this doubtless was TO
secure 10 citizen OF state. sued or suing
in another state. an opportunity to have ms
heard in a national rather than a state
tribunal, in order TO avoid the possible danger
of local prejud.ces against him. Ii seems TO
st cannot be doubtad therefore that Congress- if
it chose. could extend the jurisdiction of federal
courts Of first instance 10 consider any case in
which there citizens of different states on
opposite sides of the controversy. whereas the
judiciary statute as uniformly construed re-
Qures. 10 Justify federal jurisdiction. that all the
parties TO the controversy one side shall be
residents OF different states from ali the parties
on the other side-a requirement that greatly
reduces the number of cases cogniZable in the
federal courts
JURISDICTION EXTENDED IN 1887
There was Congressional extension of the
jurisdiction of federal courts in the act OF 1887
By which questions involving construction of
federal statutes or the maintenance Of rights
secured under the federal Constitution might
be brought originally in federal courts of first
instance. although prior 10 that time the
ton Of such rights in a federal jurisdiction was
confined to appeal from the courts of last re-
sort of the state to the Supreme Court Of the
United States: but while this extension
OF the practical judicial power exercised in the
United States courts, il was well within the
judicial power conferred upon the United States
government IN the original form of the Consti-
tuition
After the war; because Of the frauds at
both North and South. Congress for the first
time exercised the power conferred upon il by
1he Constitution TO regulate the election Of MEM
bers of Congress, and provided by law for Off
GERS TO supervise those elections and prevent
the commission of fraud violence in respect
10 Them. and this was a power which had re-
1nained unusued for nearly seventy-five years.
but IL nevertheless was N the Constitution, and
its exercise did all change the balance OF
powers between the states and the United
States.
Some years ago the election laws were all
repealed and here is an instance of unusued
federal power a the present day. Its exercise
1c- two decades gave rise many judicial de-
cisions which Were quite in the line with Mar
ShaIFs previous construction Of the Constitu-
Tion. They we're treated with the same denun-
ciaIion and bitter attacks as were his decisions.
but they accepted : clearly the proper
NleW 10 have taken OF the national power
INTERSTATE COMMERCE LAW.
The clause of the Constitution under which
more power is exercised by the national gov
ernment now than ever before is that referring
10 interstate commerce. The essence and char
acIer OF the power exercised to-day Is no
greater than il ever WAS The amount and
scope Of the power are greatly increased, and
This Is due TO the fact that Interstate commerce
has increased vastly in extent, and that in pro-
portion 70 the inside of q state the
increase has been no less noteworthy Wherea $
in earlier days il Is probable THAI the proportion
OF commerce between the states passing through
or into any given state was about 75 per cent
fer the state commerce and % per cent for the
interstate commerce, these proportions have
been exactly reversed The interstate com
40
is only 20 per cent The regulation of the inter
state commerce ard the necessity for increased
legislation TO prevent abuses in a commerce so
extensive are natural and logical and altogether
within the contemplation OF the trainers OF the
Constitution Ii increased the agencies of the
national government necessary to discharge the
federal constitutional functions in respect to it,
but il is not a Usurpation of state power II Is
a mere change in the proportional Importance
Of the two kinds Of commerce. The increase OF
such commerce in its different forms. with
varying methods OF transportation with greater
opportunities for discrimination and abuse
furnishes an adequate reason for novel and de-
tailed legislation to furnish remedies for such
new abuses. This is all within the federal juris-
diction. II is but normal development along
the lines laid down in fundamental compac:
of 1879
no ENLARGEMENT BY CONSTRUCTION
The power granted by the Constitution &c
Congress TO pass needful rules and regulations
for the government OF the territory OF the
United States has not been enlarged in any way
hy construction The United States government
has always had territory in which II was exer-
efsing the power of control through the nationa
government over territory not included within
the states but the exercise Of this power has
apparently increased and the scope OF Ii has
been extended under the results of the Spanish
war, SO that running government
in the Phil epineS and another one in Porto
Rico and another one in Panama, and still d
fourth. temporarily, in Cuba.
This is not departure from the division be-
tween national and state powers as that was
originally laid down in the Constitution, but i
is only that circumstances have brought within
The operation Of the power originally confirmed
much more distant and much wider territory
than was held by the United States at the tIInt
the Constitution was established There are
number Of powers conferred on Congress which
in the statutes carry out the Constitution
have not been fully exercised or exhausted
Another power which has not been fully ex-
erCised and frequently has not been exercised
at all is the power TO pass uniform laws witt
respect TO bankruptcy From time to time there