Daily independent. [volume] (Elko, Nev.) 188?-1915, 1908-06-23
TUESDAY, JUNE 23, 1908
EXTENSION OF FEDERAL POWER

The extension of congressional and
presidential authority in cases of doubt
full constitutionality, as suggested by
Secretary Root III his address before the
conference of governors, raises Il ques-
ton of vast Importance to the states
and the nation The Root idea is, as
we understand it, that one or more
states having an interest in legislation
by congress not authorized by the con-
stitutiOn of the United States, may,
through their legislatures, ask congress
to enact such legislation, and thereby
preclude any judicial inquiry as to the
power of congress in the premises. In
other words, the idea is that particular
states may singly or in combination,
enter into treaties with the federal
government, whereby they may obtain
special advantages from the latter,
without the concurrence of other states
This idea seems also to have the APP
probation of the president, and that of
certain governors whose appetite for
mess of pottage Outweighs their respect
for the birthrights of their states.
Never was a more insidious suggestion
made by mortal man.
1t is interesting TO recall some of the
provisions of the constitution which
bear upon this subject:
mo state shall enter into any treaty.
alliance or confederation
mo new state shall I've formed or
erected within the jurisdiction of an
other state"
mo new state shall DE formed by the
junction of two or more states, or parts
of states, without the consent of the
legislators thereof, as well as of CON
gress.'
"Three -fourlhs of the legislatures of
the states, or conventions of three
fourths OF the states, as congress shall
prescribe, may ratify amendments to
the constitution.
when the choice of Il president shall
he devolved upon the house of repre-
Sentatives, the vote shall be taken by
states"
Now, suppose those states which are
eager for an appropriation from con
gress for the establishment of the AID.
palachian forest reserve at the o:ipnnse
of their neighbors, should each invite
congress to pass such a law us it desires
on that subject, though more tl,aD
three-fourths of the STATES should opposc
1t; and suppose five or six states should
combine or confederate, with a view TO
securing such legislation. and should
agree that in case the election of y
president were thrown into the house
ot representatives their representatives
should vote as II unit for the candidate
OF that national party which should
agree to enact such legislation i'm spite
OF all constitutional limitations -would
not this amount to a revOlutionY rs
there no ground for suspccting that the
insidious suggestion of Mr.. Root was
made in Wow of the possibility that the
election of a president may, as a result
Of the next campaign, be thrown into
the house of representatives? To bride
those states which have deep special
interest in waterways. forest reserves
and conservation of certain national re.
sources, at the expense of other states.
would be the surest method of destroy
ing the federal constitution and setting
up without fear of successful resistance
an absolute central government ut
Washington. Is ii not Dossible that
this end is concealed behind the means
broposed2 Why should anyone suggest