The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-23
MONDAY, MARCH 23, 1905.
THE ApPoINTIvE POWER AND
STATES RIGHTS.

STATES RIGHTS.
In theory there is no fundamental
di0erence between the Lynchburs
News and The Times-Dispatch on the
question of states rights The posi-
tion of this paper on States rights Is
as clear as the MONDAY sun and be-
vond criticism from all those who be-
lIeve with it that upon the protection
of states rights depends the highest
developmcnt OF the citizen, the great
est glory and strength of the nation,
ana the surest prevention of that ten
dencv towards Capitalization, weakness
and decay which has menaced and
overthrown so many other civilizations
in the past. Our attitude toward this
and germane problems needs no repe-
tftion. If the esteemed LynclburS
News has done US the honor TO follow
our opinions for the last twenty years
IT can have no doubts of the import
ance value and necessity which we at
tribute to the doctrine of States
rights If our institutions as originally
planned are to be preserved. unfortu-
nately, however. the opinions OF The
Times Dispatch and of the many that
think with it have not received that
comfort and that support from the
courts of last resort which alone can
make these Views effective. The found
ers of the Union were Mortified when
they saw the extent to which CHEZ
Justice Marshall had stretched the
seemingly innocuous clauses which de-
scribed the powers of the central gov
eminent, and distinct chill of appre-
hension went down the stout spines Of
the old-line Democrats when Mr..
Roosevelt suggested that by judicial
Interpretation" the power of the CEN
trail government might be indefinitely
enlarged. Furthermore, Mr.. Roosevelt
has treated the American people to the
spectacle of an appointment to the SUI
preme bench made apparently for no
better reason than that the appointee
was In thorough accord with his own
personal beliefs.
The complexion OF. the Supreme
Court changes every twelve years. Mr..
Roosevelt has already been in power
nearly eight, and ii he or his nominee
is elected this November the court of
last resort night conceivably come
entirely under his domination. The Su
preme Court is made OF human beings,
who necessarily have their own politt-
cal opinions. and II the Lynchbnrs
News. knaw.s any better way of putting
States rights judges on the Federal
bench than by electing States rights
officials to fill the high public Offices Of
this country, The Tlmes-Dispatch
would be glad to have that method eX-
pounded. The undeniable fact is that
this country, so far as concerns States
rights, has drifted to a position that
would not have been conceivable. a
century ago.
The Lynchburg News knows and
must admit that in any conflict be-
tween the State and Federal courts
ths final decision of the Federal courts
will prevail. The central power has
the momentum and the physical force
to make its DEGREES effective Not that
we believe that the United States STU
premc Court would deliberately and
arrogantly seize or permit Congress or
the President to seize unconstitutional
powers, nor do we believe that the
supreme Court would deliberately and
with malice aforethought connive al
the unconstitutional extension of cen.
sraiized power through means of The
Federal, District or Circuit Courts
but the Supreme Court is human, ant
the extension which we have seen II
the past of the scope and grasp o
centralized power makes it plain tina
no backward steps will be taken, ant
that 1t VIII require a steady and al
earnest fight to preserve for the State
such individuality and so-called sover
eighty as may be left them. For thi
reason The Times-Dispatch, beiicvin,
~as it does in the absolutely essentia
part that the States play in our gov
eminent, again urges that tho wis
and patriotic course 10 pursue is 70
all citizens who feel in themselves tn
capacity OF self-govcrnment 10 ear
nes,ly assist and support those cauli
dates whose principles look toward
the development OF local self-govern
ment the protection of States right
and the restriction instead Of the ex
tension OF Federal authority,
Attorney Arrests actual de
hance of the Injunction issued by Judg
Bond differed essentially from III
suggested defiance by the corporatio
Commission of the order Issued b
Judge Pritchard. In tho case of Al
torney General Ayres the revenues
the State We're urgently and immediat,
W affected. and no method could Il
quickly determine whether the coupon
were receivable for taxes. In The tw,