The Montgomery advertiser., 1908-02-24

of school age on an average absent
 daily from school, who are either eu-
 gaged in gainful pursuits or in harm
 The lesson taught by these iguees,
 in my humble judgment. imperativeiy
 requires that the national government
 should make sreedy and efhcacious
 above defined. ty all reasonable peca-
 niary means.
 To those who have given the subject
 disinterested ana patriotic considera-
 clusion that the. development of the
 child. as have tried to explsin, Is the
 basic principle of all free government tits parsmouut concern. The educa- -ti,sa of our children in a practical way.
 ncata' is and morally. means necessa-
 rilv He highest good, the eufnmufn
 bonum. in governmental operations.
 Our public schools have become, there-
 Gore. the ration's ark of safety. Why7
 Because ff this government permits our tender and pliant youth to grow 10
 manhood or womanhood in. ignorance, prejudice, and vice it follows. as the
 itself will be weak and corrupt; but if
 their mental and moral characters are
 stimulated. disciplined. enlightened, and elevated 1t will then become nec- essarily strong. stable, upright and Already the politicians are saying that this well-meeut bill is gnconsti- tutionai. Assertion is not argument. Misrcpresentation is not proof; but create such opposition to the nneasurs un,ier consideration as to result in ftx defeat. Tn that event 1t will not even become an academic question for liter ds. not hesitate to declare that the bill. if ever enacted into law, will be upheld as constitutional.
 It is provided by. the Constitution vide for the common defense and gem eral welfare of the Onion. How it shall prtvide for the common defense md. general welfare is not specified. States decided the national bank act to Dc cor Ftitutionai on the ground that Congress alone was the judge of the necessity of such an act. Under this general welfare" clause large powers are vested in Congress. and the con. stituficnality of laws are now sus- 1 tained by the United States Supreme Court, where, in the judgment of q
 majority of Congress. they are deemed | or the general welfare
 This is the question in q nutshell. We have progressed. wh ether rightly or wrongfully I will not undertake to
 struction of the Federai Constitution, There can be no doubt that for many liyears in the history of this government one of the cardinal tenets of the Deni-
 ocratic party was opposition. to gov, I lifnprovcmefit. The party to which lhaVe the honor to belong was in favor of q strict construction of the Federal l Constitution and was strenuously op- posed to what is commonly termed l s'paternaiism, no matter what gtiise | 1t wore or from what quarter it came | It set it's face like flint against legis-
 lation making appropriations for the nals ana improving the navigation oi I our water courses. As an evidence of this policy. on March 3
 1877: President James Madison .s - vetoed E and p1edee certain funds for In. I iternaI fmprovements::" in short, ap- tptopFfAtinE money for the constructsot vroverfsefit of water courses. in order ts 1 facilitate. promote. and give security | to internal commerce. aImougak the sev' eral states and to render more easy @ visions of the common defense
 E Tn his veto message to Congress. h' employed these words: Congress are specified and enumerated | in the eighth section of the first ar | ticIe of the Constitution, and 1t doel
 spgsss sSt bt the sAp pGHsnr Ss FSROss S%en l the enumerated powers or that it rails by any just isttarpretatton, within th, l mower to make t4We uSceSe4Iy aue | proper for carrying into execution thos' i or other powers vested by the Cenatf I tut:on in the Goserhrnsnt of the Unite aThe mower to regulate commerc
 ainaa@ tIs several states can not tn : cIude d power to construct roads an. I canals and to improve the navtMatt0l of water courses In order to faetliEate II promote, and secure such commefc
 without q latitude of constructlon os parting from the ordinary import 2 Il the terms 8trenGteh enee bY gDe En9Wl | fYconvenfences which doubtless led .
 the grant of this remedial power Q SysE .sro Es refer the power in question [, II the clause Ito provide for the common
 defense and general welfare wouia .
 contrary to the established ana een
 sistaut rules of interpretation as Een -.
 dering the special ana careIuI enusas. t,ssss. atfon of powers which follow the Slsus :. z nugnaory and improper: such s visW W., 2 .l Of gfTsug to Congress general P9ws ' Se fegsfslati0n instead of the denne nfiA limited one hitherto understoo0 ' n baIoug to them. the term 'common ae fenea. ana general welfare emoraclnl every object and act wtthin the puI view of q 1egislattve frust. s !, q am not unawaresoe the great lnl ! .cssfayfA of roads and canals ana n insproved navigation of water oeokses
 ana that. a power In the NaIional Lee [ SsIaturo to provide for them migns D exercised with signal advantage to tn general prosperity. But eeeing tna such d power Is not expressly given D
 the Constitution, and believing mat