The morning journal-courier., 1908-02-12
DEAN ROGERS ON NEW FEDERALISM Head of the Yale Law School Addresses Kentuckians on
 Limiting of Federal
 Authority.
MAKES ATTACK ON TARIFF
Declares That Masses Have Been Ex- plotted to Build up the For tunes of Privileged
 Few

Lexington Ky. Feb. 1l--Dr Henry Wade Rogers. dean of the Yale law school. delivered an address here this evening before the university on The Constitution and the New Federal ism Many members of the bar and peals listened 10 the address He said in part:
 A tendency has developed within a few years to increase the power of the Federal government at the ex- pense of the State government, and in the Federal government to enhance the power of the executive department al the expense of both the judicial and legislation departments.
 "A disposition has also manifested itself to ignore the cannns of consti- tutional construction which heretofore have guided the courts of this coun- try, and to establish new theory which shall give to the constitution that quality of elasticity which is the characteristic of the common law.
 
 tagonism to the courts and an attempt to create feeling that they are anti democratic and should he shorn of their power to nulify unconstitutional legislation. An antipe Thy is express ed to the limitations sf power which the constitution has imposed and which the fathers reverenced and deemed necessary. These tendencies are found to some extent in both the great parties and In all sections of the country
 "Once the question was whether the States would destroy the national government. Now the question Is whether the national government shall be permitted to destroy the States Ii was the fear that that question might sometime arise which led Samuel Adams and John Hancock in Massa- chusetts. George Clinton in New York and Patrick Henry in Virginia. so ! long to resist ratification of the con stitution by their States But under 1 the constitution the States are as in- destructible as the Union Actual abolition of the States is impossible l There arc however. forces in operation which seek to reduce the States to ad ministration departments like those et France.
 If the government is to endure the l people must steadfastly maintain two very essential and fundamental princi ples The first is that tho nationa I government possesses all the powers granted to it in the constitution. eith- CT expressly ar by necessary implica ton. the second is, that the State, possess all governmental powers no granted to the general government . reserved to the people
 We are threatened with reviva of Federalism and with a Federalism that is more extreme and radical thar the leaders of the old Federal part, ever sanctioned. The argument pro ceeds on the assumption that the State have failed to perform their dut- properly so that great evils hay, grown up which the States cannot O will not properly remedy and iron which we should have been free I onl, the Federal government had ex erciSed the authority and not tn States
 That the States have not don their full duty is conceded. Rut tha the Federal government would hay ] done better is a mere assumption ani one am not prepared 2 accept. Con l gress now has ii the Territories am the District of Columbia ali the DOW CTS which the state governments DDS Continued on Third Pagel