The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-09-01
FOR THE RENCH. NOT FOR TIE
BALLOT BOX.

To THE EDITOR OF THE SuN-Sir: The
declaration by Mr.. Taft that he will II
inauEurated TO be- President on March
next s~traightway Congress to
begin the making Of new tariff schedules
fsstens attention on the three reforms that
| the nAxt President and Congress must
undertake. One ls tariff and taxation re-
form, the other il the reform which hangs
on the Interstate m clause OF the
Constitution and the third IL banking and
currency reform. Each and ell Of them
the last Republican Congress or the Chi
oago Republican convention pledged the
Republican party 10 attempt. The Den
yer convention dealt In Bryan's oharac-
t~eristio way with the came topics.
Reform OF banking and currency laws
was by the last Congress placed In the
hands Of q bi-party commission. members
Of which are now in Europe studying
conditions and regulations there exist
Ing. The modern method Of achieving
such reform Is quite unlike that Of Bryan
and his Democratic national convention
OF a dozen years ago, which insisted on
10 to 1 without waiting for the aid or
consent Of any other nation on EARTH
Unless Congress shall refuse TO await q
report from Its monetary commission
currency and banking reform may not
be ripe for legislation till after the ex-
piration Of the term OF ofloe Of the mem-
bers OF the House OF Representatives to
be chosen next November.
The second reform, than which none In
greater or even 30 great, relates to the
control OF Congress over commerce and
State corporations Apower dormant for
many years now threatens to DO 30 ire
mendous In Its application az TO destroy
State autonomy. The questions thereby
Bryan ara chiefly judicial questions. be-
cause arising under the Federal Constitu-
ton. The voters cannot finally decide
them. The rival Presidential candidates
could aid In the rightsul settlement II they
obtained retainers In the cases now
before the Supreme Court or on the way
to that tribunal from all parts Of the coun-
try and argued them there as counsel.
The parties therein are the Federal Gov
eminent. private corporations and in
dividuals. Some are civil suits. but others
are criminal prosecutions. The court
must hear the arguments and decide.
The Judgments may come this year or
next. but whenever they do come the
people will aoquiesce and adapt their
business thereto. whatever the politicians
may ssy or do. The decisions are likely.to
dispose finally Of s~even-eishths Of the
questions over which Taft and Bryan are
now disputing.
All agree that the internal commerce
Of q State and its instruments are "a CON-
pletely under It's control 70 interstate
commerce and Its instrumentalities are
under the regulation Of Congress; but
which are State and which are national
agenoiesl Which is q legal and which
Ia an illegal monopoly
Is q corporation divisible 90 as 10 be
national when conducting interstate COM
MERGE and a State corporation when doing
State businees1 10 the same corporation
subject TO two masters? Can n forbid
what the other permits? Can Congress
control the organization. directors. capt.
tai. bonds. shares. dividends and fran
ehises Of q State corporation whenever
1t shall engage In interstate businessf
All lawyers concede that 10 State can
interfere with any lawful regulation by
Congress OF interstate transporting or
trading; but what In lawful Which part
Of the affairs Of q State corporation 10
subject to the existing interstate oom-
meroe Law or to any law that Congress
q lawfully enactf Can any interstate
commerce. commission investigate every
act Of o State corporation. and II not
then which acts are exempt Is Congress
to protect shareowners In State COR
porations against State LAVISH II It to
regulate dividends and prescribe invest
ments made not to acquire O monopoly
OF interstate commerce.? What. In q
word, Ia the scope Of the interstate COM
MERGE clause Of the Constitution The
Supreme Court has recently decided In
the Adair case that the clause is limited.
These questions and many more are pre-
scented to the court by pending @cases,'
IL In said. II fifteen or sixteen millions
Of voters wish between now and next
November to fret and worry and exer-
else their minds w the questions, they
are of course free to do 30; but OF what
avail II only the judicial power can finally
dispose Of themi It Is not thlnkable that
the voters intend or wish to select q Presi-
dent and a Senate to pack the bench TO
decide judicial questions as a majority OF
the electors wish regardless Of oonsti-
tutional rights. JupEx.
Nvrv Yopu Auo,,af 81