The Newark journal., 1908-04-24


 ditions. and particularly with the growth of great private corporations, performing many of the functions Of. government, has come the necessity Tor the exercise of strict governmental control, and rigid enforcement of all the laws enacted to restrain the rich and powerful from encroaching unon the natural and legal rights of the poor and weak.
 The constitution of the ancient re public of Rome, which for 800 years had recognized the voice of the people as supreme, was expanded by execu- tive interpretation and contracted by executive administration. until Rome had so completely outgrown it's demo- cratic conditions as to become only a tragedy and a tradition. Let us im- plore the aid of Him on high to pre- serve us from the errors which ruined Rome. by the avoidance of which America may travel on to that destiny and realize that fulfllment which will be the inspiration of right-thinking men of all ages yet to come
 Our government is divided into three separate and distinct co-ordi- nate branches: the legislative, the executive and the judicial. Danger will surely come to this republic when any of these departments of govern ment attempt in the slightest degree to usurp the functions of the other. And while now and then it may be l that court of the land. in construing I the constitution. may nullify section of it, have the faith to feel that the peo- 1 pie of the country will rise above the 1 fallibility of judicial tribunals and assert and preserve their own rights Our duty it not to criticise the execu- tive, the legislature or the judiciary
 Very recently there has come from the highest judicial tribunal in the land decision of vital interest and concern to the American people, be- cause it has established a principle, as stated by one member of the court. which would work a radical change in our governmental system and would inaugurate a new era in the Ameri- can judicial system and in the rea- tions of the national and state gov arnments It would enable the subor- dinate federal courts to supervise and control the official acticr of the states as though they were dependencies or provinces 1t would place the states of the union in q condition of infer icrity never dreamed of when the con- stIutior was adopted or when the eleventh amendment was made part of the supreme law of the land" If this is the result of this decision. 1t
 is, to my mind, one of the unhappy
 incidents in the history of our repub-
 lie, because the very theory of our
 government is based upon the right of the states 10 control absolutely their own domestic affairs.
 If. then. our whole system Of gov
 ernment is changed, have We not only retarded the progress of the republic. but have We not gone back a century toward q centralized form of gov ernment which is not to the advan- tage of the people? What this gov ernment needs is not more power. What it needs to-day is to so dis tribute the privileges under the gov ernment that all citizens will have equal opportunity America has been called the land of opportunity. But American opportunity should not mean granting of special privileges to any class, but should afford all alike the means for culture, education, pros | verit- corfoutr,,an4
 For nearly a century and 6 half 1 America has presented to the. world the spectacle of happy. prosperous and intelligent people, maintaining a l pure democracy founded upon their supreme will The hallmark of a de- mocfacy is that the powers of gov ernment are close to the people 1 Throughout the world, wherever de mocracy is advancing. its progress is marked by a greater measure of self government to each community. Will the American people turn to the set l'ting rather than the rising sun? Shall We now, because some laws are found irksome by class and interfere with their selfish aims, commence to de- priye our sovereign states of that measure of home rule which until now they have seen fit to reserve to them selves? 1 cannot believe it. Upon the contrary I believe that the limita- tions upon state and federal govern ments, the nice balancing of the pow CTS of each, and of the different de partments in each. which have been so efiicacious in the past, will be maintained in their full vigor in the | future.
 Therefore, discharging all of our 1 responsibilities as cifizens of A cnun.