The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-09

authorized privilege of deciding against |
whom the laws should be enforced |
and who should be immune from
the punishment Of certain u rain
roads and of certain men
for giving and receiving re-
bates and then ordered the dis
continuance Of the case against one
OF his cabinet officers who had con-
fessed that as an official Of the rail-
road he gave rebates to a company in
which he was stockholder and
Official. And this man remained In the
cabinet until he left with the
presidents recommendation for a
q great corporation. Indeed, by his
defiance of legal limitations and the
safeguard OF the constitution, he has
done more to inculcate contempt OF
law than all the mobs that have
claimed victims for their violence In
an eminence. II he violates the law.
men everywhere know it. II he does
not himself respect 1t to the full ex-
| tent. he robs It Of the reverence that
might be willingly bestowed by others.
In this same over bearing spirit he has
placed and kept in office men who
| were not appointed by and with the
| advice and consent Of the senate. He
has influenced or attempted to in
duence courts and turtles in the adj
ministration Of public justice. not only
by deciding who should and
who should not be prosecuted.
personal feelings or sympathies be-
tween the prosecution and the ac-
cused. He has scolded judges for
their interpretations of the law. 1t
was therefore, timely and appropriate
that the Republican party at Chicago
should have declared that it will up
hold at all times the authority and
integrity of the court" He has con-
stantly cried out for more power on
the part Of the federal government at
the expense Of the powers reserved to
| the states. In his speech at Harris
burg. In Octobr. 1906. he told of
easy methods for increasing the
power OF the federal government. The
| method provided in the constitution
was too cumbersome, slow and uncer-
| tain Tor him. There he lets the coun-
try into the secret OF his short cut to
increasing the federal power in these
| words:
I'VE need through executive ac-
ton. through legislation. and through
judicial Interpretation and construc-
| ton to increase the power of the
| federal government"
Mr. Root. whom the president is said
to nave called MY Secretary" follow
ed this Harrisburg expression by a
| speech In New York. in which he said:
Sooner or later construction will be
| round to vest power where 1t will be
| exercised by the national government %
OF course many people are not sur
pr1sed at any opinion the president
utters; he has so many of them and
| has expressed them on so many con-
ce1vable and non-preconceivable &C.
casions. Now, Secretary Root is an
able lawyer and a man Of trained and
deliberate habits OF thought. Nothing
! shows more plainly the Generalization
wrought by the president than the fact
that this trained lawyer, in the very
| front rank of his great profession,
should advocate changing the organic
law Of the Union by construction to
be found"-and to 'be found" by
whom? BY the very men who are to
exercise the power. The insidious pro-
position of Mr. Root, following up the
suggestion of his chief, is that where
authority is not granted, which in the
J opinion of the executive. ought to have
J been granted, this authority is none the
less to be exercised, and IL no other
basis for it can be had, it is to be based
upon construction to "be found In
other words, IL the Constitution has not
tive, then the power is to be vested in
him by construction to "be found" in a
way not provided for by the organic
law of the Union.
Representative institutions must be
, preserved. Our federal government OF
|
: maintained in all Of its reserve powers
and in its integrity and autonomy for
ever. Therein is the safety of the
Union and the states-one indissoluble
and the other indestructible.
Let us confidently hope that the time
, | will never be ripe for the change of the
, Constitution by executive actions
and by judicial interpretations II
| such time should come then a gov
eminent Of law will perish from the
, earth and a government of caprice will
be created on the ruins Of one estab-
Z lished by written constitution.
Democratic Duty.
: We know there is a brighter pros
, pect. If the love of country and liber-
{ ty is still strong in the hearts of the
, American people; If an oath to support
} the Constitution is now considered by
them as binding; If the people are In
earnest in their protests against the
rule of insolent wealth, the unauthor-
: lied and baleful influence of corpora
lions and the exactions Of the trusts
! If the manliness of the fathers has
been transmitted to the sons, the fourth
of next March will mark the advent OF
the gladstone light Of Democracy and
the beginning Of the return to con-
stitutional government honestly and
economically administered.
To the banner We raise here we in
! vite to repair all citizens of our COM
mon country who revere the nobler
, traditions of the past and who deplore
, the grave alterations Of the present.
Let us see to it that this standard
, shall once again float over a govern
ment resting secure on lasting founda-
/ tons.
Mr.. Chairman. delegates. and fellow
. countrymen, the time and the occasion
in our national affairs impose a duty
we cannot, If we would, evade. We
must go out from this hall with one
? heart and a determination to put oul
, loved ship Of state on an even keel
: | That keel has been too long beating