New-York tribune., 1909-01-30
THE DUTY OF THE STATES.

In his speech to the Legislature on Thursday
Senator-elect Root renewed his warning Of q
year or more ago to the states to bestir them
selves lest they be dwarfed In their legitimate
functions by the constant expansion Of the fed
eral power. He sees other competent OBJ
servers see, that the states have made too little
exertion TO keep pace with the national govern
ment's development He is too convinced a
federalist to lament the progress made in the
last half century toward setting up "a strong,
''virile, competent and effective national gov
"ernment." But he feels that the progress has
been one-sided. While the federal authority
has been vastly augmented and its influence on
the daily life Of every community has been
steadily magnif1ed, the state governments have
stood still. They have not only acquiesced In
the expansion of federal powers, but nave sought
to dvest themselves Of many burdens by In
viting and urging the central government to do
what they could and should have done them
selves.
It is hard to exaggerate the change which has
taken place In the relations of the states to the
general government since the close of the Civil
War. The readjustments Of power which fol-
lowed/that conflict were largely political. But
others even more farreaching have come about,
through the natural unifcation Of the nation and
through the Development Of interstate transpor
tation and interstate commerce. Interstate and
foreign trade activities now far outweigh In I'm
portance intrastate trade activities and the fed
eral governments control over business and COM
merce now quite overshadows the control exer
cised by the states. AS Mr.. Root well put it:
The intimate connection between the people
of every locality and OF every other, largely
brought about by the increase of communica-
ton, the passing to and fro Of the trains upon
our great railroads. the telegraph and the tele-
phone, the extension. of business which knows
no state lines and the substitution Of great
tional centres of business for the old state CEN
tres OF business, the development Of commercial
and manufacturing and social life along national
lines, have forced upon the national government
the performance of a great variety OF duties
which formerly were performed by the states
within the limits Of their comparatively isolated
communities BY the exercise Of the powers
granted in the interstate commerce clause Of
the Constitution the national government is ex-
tending its power over the operation Of our
railroads our steamship lines, our telegraph and
our express companies: by the exercise Of the
taxing power it is regulating the action of the
people all over the country. as for instance, in
the oleomargarine act;. by the exercise still
adulteration of food and deceptive practices IN
the sale of food, as in the pure food law. The
activities Of the general government are con-
tinually widening step by step. covering ground
formerly occupied by state action.
Ii should be added that under the restrictions
imposed by the Fourteenth Amendment to the
federal Constitution the federal courts have
greatly extended their jurisdiction at the ex-
pense of the state courts, and now hardly an
issue arises involving state regulation of business
on large scale which cannot be carried into the
federal courts.
The federal government has had new birth
of power, which is in no sense to be regretted.
But it is equally desirable that the states should
have a new birth of power and efficiency The
United States is committed to the federal or
double system Of government, End 1t would be q
great misfortune IL overdeyelopment In the one
field should result in permanent underdeyelop-