The Washington herald., 1908-04-24
DEFENDS THE STATES
Continued from Page One.

I OF tnS sovereignty OF litt Otdtess ana
the unwarranted expansion of the pow
ers Of the general government.
One Of the most extreme instances,
ne said. was the proposal of Senator
Beveridge, of Indiana. in his child-labor
bill.
After reading the first section of the
bill, Mr. Rayner asked;
rs it not patent upon its face that this
bin is a bin not 10 regulate commerce,
but To regulate the labor that produces
the commerce? Is there any warrant IN
the Constitution for the exercise Of such
power? In order to accomplish its pur-
pose we would have to amend the COM
nerce clause of the Constitution, so that
it shall read:
That Congress shall have the power to regulate
commerce among the states and also the labor that
Is engaged in its production OF manufacture.
Sees state Power Fading.
Mr.. Rayner continued:
Advancing step beyond the principle
embraced In this bin. we have another
doctrine. and, I regret to say, sustained
by high Democratic authority, that Con-
gress ought to pass law providing that
corporations should be limited IN the
amount Of the product that they can con-
sign into other States, and that Congress
has the right to place an arbitrary figure
upon their business transactions when
they enter into the channels OF Interstate
commerce The Constitution makes no
classification of corporations or any dis
tinction between them and individuals.
and If we have a right to do this with
corporations. we have precisely the same
right to do it with individuals. We have
a bill now before the Senate that sub
stantially embOdies this principle. II is
monstrous proposition and one that
would finally place every commercial
transaction and every business enterprise
under Federal supervision.
This brings me to another proposition
that is more startling than those have
Just referred to. Congress Is given the
right by the Constitution to establish
post-offices and post-roads. The President
deduces from this grant the power TO con-
troll the intrastate railways OF the United
States that do not pass beyond the boun-
daries Of the State that created them.
Would Abolish Eminent Domain.
If this construction is correct it places
the government Of the United States
right within the boundaries OF the State.
and it gives complete jurisdiction over
every internal highway in the country.
Every highway either is or can be made
a post-road. and. being a post-road. it can
be controlled. not only for post-road pur-
poses. as contemplated by the terms OF
the Constitution. but for all purposes Of
commerce and trafic that pass over its
bed. AS the government authority pre-
walls whenever il exists under the dele
gated powers OF the Constitution, accord
ing to this process Of constitutional inter
probation the highways Of every State in
the Union pass into the control and juris-
diction OF the Federal government. with
out any reference whatever 10 the COM
meTce clause Of the Constitution at all,
mo judge, no jurist, no court, no text
writer, no expounder OF commentator
whom l have ever heard Of ever con-
ceived Of such an Interpretation as this.
and the President alone is entitled to all
the credit and all the glory that attaches
TO this unheralded discovery. His great
intellect perceived IN this perfectly inno-
cent grant of the right 10 establish
pOst-rOad for the purpose Of carrying the
mail. and OF a post-office for the purpose
of receiving and distributing It, an op-
poTtunity to swoOp down upon the States
and upon their municipalities and deprive
them of their right Of eminent domain.
which Is absolutely essential for their local
sovereignty and existence.
Opposes Federal Incorporation.
As q corollary from this constitutional
demonstration we have the President
recommending in the same address the
national Incorporation Of railroads. and
we have heard this scheme earnestly and
intelligently advocated upon this floor
There is only one way OF accomplish
ing the object, and that is 20 pass a law
that all common carriers shall be pro-
hibited from carrying interstate com
merce unless they submit to Federal in
corporation. 1t must be observed that
there is nothing in the Constitution that
prohibits the Federal government from
violating the obligation Of contracts
THE point that I make IS that all the
charters. with but few exceptions. will
be forfeited under such a law. and that
every franchise granted TO every common
carrier by every state in the Union would
be practically vacated. and I predict il
here now that this s a proposition that
we must soon encounter and battle with.
We come to a proposition now that
overtops the whole Of them, and by one
fell stroke, il il can be successfully main
tanned, obllterates the framework of or
government
I'VE have Il proposition boldly al
nounced by our Secretary of State. a law
yer OF profound intellect and OF pre-
eminent ability. that If the states do not
come 10 the rescue Of the Federal gov
ernment whenever an emergency arises |
for the exercise Of Federal power, that
ways viii be found which will give the |
Federal government the right to exercise |
the power that il proposes. whether It |
comes within its delegated functions or
not. / said at the last session Of Congress
In an address before this body upon
Executive usurpation, and I repeat ii /
now, that this is the most startling and
dangerous doctrine ever announced be- !
fore the American people.
II have been waiting for year, with |
and with patience, for the |
Secretary 10 recall this revolutionary ut !