The Birmingham age-herald., 1909-05-26

to do such is at variance with the pow
 CTS reserved to the states by the consti-
 tuition of the United States. The pro-
 vision of a treaty that offends against
 the organic law of the union is to the
 extent of it's offending legal nullity. In
 the California case the treaty was, in its
 relation to the schools of that state. just
 as much in contraventfon of the consti-
 tuition of the United States, and there-
 fore just as ineffective as an act of Con-
 gress declaring that we shall not have
 separate coach laws in Alabama or sepa-
 rate schools for the races.
 A former chief executive was foremost in the effort to break down the guaran-
 ties asserted as of right by California
 during this agitation, and 1t Is not to go far af1eld to say that he was never hap
 pier as President than when he Twas at
 tempting an infraction of the constitu-
 tion. The Congress, 1t must be confessed,
 had set for him many bad examples Of
 violated tradition and law.
 Recent legislation shows growing dis
 position on the part of Congress to take
 over matters under the federal power not
 properly belonging there. This is ac-
 counted for largely by the willingness Of
 the states to forego in such matters the
 exercise of their full duty in governing
 for the sake of having the federal gov ernment bear the expense of the work
 that rightfully belongs to the state. And it is also induced by the desire of sena- tors and representatives to meet the wishes of their constituencies. But a
 short time ago Speaker Cannon, In an implied acknowledgement of the reserved powers of the states, in public address at Philadelphia, deplored the growing
 tendencies of the states to abandon the exercise of some of their high powers, and to appeal to the federal government
 to do many things which the states ought themselves to do.
 Justice Marshall.
 It Is regrettabe that the members If | Congress are not always mindful of what Chief Justice Marshall said in referring | to the Congress:
 '"rhe powers of the legislature are defined 1 and limited and that those limits may l not be mistaken or forgotten. the con- | stitution is written. To what purpose
 are powers limited and to what purpose 1 is that limitation committed to writing | if these limits may at any time be passed I by those intended to be restrained? The 1 distinction between government with | limited and unlimited powers is abohshed | if those limits do not conf1ne the persons
 on whom they are imposed, and if acts | prohibited and acts followed are of equal
 obligation
 Of course some abuses that may be | proposed will be met by the limitation Of | federal revenue collected for the support
 of the government in all of its essentially
 necessary functions, without such abuses, | must always be of prime concern. And | then. too, there is the supreme court, ] clothed with the power which cannot be 1 abolished as long as the constitution | stands, to declare any enactment of the | kind repugnant to the principles and pur- | poses of that great instrument. 1t is true | that certain abuses of the legislative | power have not been checked by this | court. Let me instance tariff law, laid | pursuant to constitutional authority to | rofs lip | warp and wool the ideas of a protection l ism that logically followed would bring | in no imports and, therefore supply no ] revenue. And, again. there is the oleo- ! margarine law, under pretense of being l revenue measure, was really designed,
 as was confessed by it's advocates, to fos- | ter one American industry at the ex- | pense of another. Congress, having the | undoubted power to levy imposts and ex- cises, the courts have presumed that these 1 treasures accorded with that constitution | al purpose. The shield of the court being | withdrawn there is remedy for the abuse of legislative discretion but the ! power inherent under our system in the | people themselves to call to account and | discipline. if they see fit, senators and
 representatives who have proved unfaith- | ful to the higher and better interests con- | fided to them.
 It is deplora ble that there Is an increas-
 ing disposition to apply to Congress for a
 remedy for every evil real or imaginary which can be the concern of any govern | ment
 | Several years ago number of good l Christian women came before a commit | tee of which I was a member. and made | speeches and argued in behalf of an l amendment of the constitution for the | suppression of polygarny. which they claimed to be still secretly practiced in
 several states. They did not deem 1t suf- l ficient answer when told 1t was not nec-