New-York tribune., 1908-03-01

have been bankruptcy laws, and they have been
repealed for intervals of years, and there mas |
been no such law in force. Even now the bank
ruptcy law which is in force is not nearly so ex.
tensive il might be made by Congressional |
act, for ii leaves in operation many of the IN |
solvency laws of the states,
The federal power OF extradting criminals /
from one state to another on the prayer or the /
executive of the state in which the crime is |
committed is so exercised as TO leave the matter
largely in the hands of the two states. But III |
seems to me clear, from intimations of the Su-
preme Court, that it would be entirely Withlh
Congressional power to take the matter of ar |
rest and extradtion out of the hands of the state
found and TO create purely federal machlhetS
by which such criminal shall be restored to the
Jurisdiction of the state in which the crime Is |
said TO have been committed.
TREATY POWER NOT EXERCISED.
Another and most unfortunate failure to exer-
else all the federal power conferred by the Con
sitution is i'm relation the treaty power of the
federal government exercised by the Executive
and two-thirds of the Senate. DO not lntend
to weary You with discussion of the extent OF
treaty power 1t is sufficient to say that 1t Ger
tainly involves the right on the part or thoSe
exercising il to bind the federal government 10
a discharge Of some of the duties which as be
tween the federal government and the state
governments in respect 10 citizens of the United
States, fall primarily upon the state govern
ment; as, for instance, it is primarily the DUTY
OF the state, the citizens of a state and
the United States concerned, TO protect the
citizen in his right of life liberty ana the pur-
suit of happiness and in securing him the guar
antees of the rights of property and business,
but presume 1t cannot be denied that the treaty
making power or the United States eNtehus 10
guaranteeing TO foreign power the enjoyment
by subjects of that power resident In the United
| States of these same rights.
Indeed, it has been held, as you know, that
though law forbade to aliens the right
| to hold property, it is repealed pro tanto by a
federal treaty with foreign government stipu-
| lating that the subjects of that government may
1 hold real property in the United States 1t is
therefore plainly within the power OF Congress
| to provide by law for protection of aliens IN
their treaty rights Certainly Congress ought
ecutive to use the forces at his command TO
protect the treaty rights of such aliens. ana
ought 10 vest the courts of the United states
! with power punish the person who would vio-
| late such aliens rights
SAN FRANCISCO DISPUTE
In the case of the Malta riots in Louisiana,
/ where Italian subjects were deprived OF rights
secured by the treaty of the United States, and
| in the more recent cases in San Francisco. where
| japanese subjects were deprived of their rights
by lawless violence, the embarrassment OF the
/ national government in attempting to protect
| and vindicate those rights is known TO all men
/ 1t puts country, now become world power
and entering into treaties of this kind with every
| government earth, in the most pusillanimouS
| position OF promising that subjects of another
| country shall be properly treated. and then OF
| having no means of carrying out the promise or
!, OF Furnishing those who violate it.
| Fancy the feelings of the Secretary of State
| who is obliged to say d foreign country: 1T
| is true. agreed protect your citizens or
| subjects if they over here and conducted
themselves peaceabiy, but under our form OF
4 government and laws. while made thar
| promise, and had a right to make il. we have
| no means of complying with II. Al! we can DO
is to make a respectful presentation 10 the state
| authorities and ask them as favor to US TO
enforce the laws"
| If Turkey or China We're make such an
excuse as that for the killing or mobbing
our citizens in those countries, should we not
| become justly indignant at the explanation?
foreign nation has nothing to DO with our In
| ternal concerns. By the Constitution a foreign
| nation is obliged to look to the central govern
! ment, and il il deals with that central govern
ment and that central government can make a
promise. Ii only look to the central govern
nent for a redemption of the promise We are
in situation now 10 say TO our foreign friends
| whose citizens may be assaulted or murdered
| in violation Of treaty obligations, I'VE can
| Soothe your feelings by paying cut or the gov
ernment treasury the value of those lives, but
we cannot save them. We cannot punish any
body for taking them" ] confess that this lack
Congress, savOrs of that doctrine which at
tracted much ridcule when it was advanced,
that it unconstitutional for states to secede,
| bue-S&s also unconstitutional for the central
government TO try to coerce them.
FEDERAL APPROPRIATIONS
Returning again to the general subject of the
! increase Of federal compared with state power,
| / bound to admit that there is tendency,
| because OF the wealth of the national govern
| ment as compared with that of the state gov
| ernment, the part of representatives of the
states 70 invoke expenditure by the national gov
eminent in objects that should be more properly
| effected by state action The expenditures
| justified out of the federal Treasury the
| ground THAI they concern the general welfare.
| but they too often SAVIOR purely of state pur-
| poses 1t is difficult if impossible. to reach
| in federal tribunal the question whether such
appropriations are within the power of Congress.
| We only look to Congress TO restrain excess
| in this regard.
| On the whole, however. think careful COM
| ernments and of the present power Of the fed