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

much to vindicate Mir Jefferson's opinion that the federal judges would be the sap pers and miners of the constitution. How ever honestly done, some federal judges have at some time so acted as to cause a belief that there was a purpose to rob the states of some of their reserved rights Perhaps most federal judges have not exceeded the law any oftener than have state judges, but the remedy in the case of the wrongful action or the state judge or court Is simple and expeditions.
 He can be made to fail of reelection or reappontment. and quick review can be had in the appellate courts But in the whole history of the United States, and In the numerous cases where i'm peachment of federal judges was sought, 1 the proceedings have resulted in failure except In two. In one the judge was really an imbecle at the time and no real defense was interposed, and in the other the judge abandoned his office, swore al- legiance to the Confederate government, and made no defense in the impeachment proceedings.
 That judges have made mistakes from the very beginning of our jurisprudence is attested by volumes of reported cases appealed from Judicial decisions The fed eral judges have, upon the average, al- ways been men of ability, except in the south during the reconstruction period
 
 country when the government and its agencies constituted very saturnalia of crime, forced upon a helpless people. In not 8 few instances have the federal courts checked unauthorized executive ac- ton, and in other instances justly de- clared unconstitutional acts of Congress I would not, if I could, do anything to lessen the respect that the people have and ought to have for the courts of our land.
 Speaking for myself, somehow or other experience deeper sense of the majes- ty of the power and blessing of civil gov ernment whenever I am in the presence of a court than I do in viewing a mighty 1 army in resplendent uniform. We love, and we must love, the mighty majesty and the unarmed power of the law in a way made carnate in the person of the upright judge on the bench administering public justice
 Peoples Business.
 However, my fellow countrymen. 1t Is part of the business of the people to crit icise the conduct of all public officials. An enlightened self governing people will always commend what Is good and will condemn what is wrong as long as they prize estab blished institutions and desire the security and benefit for which they were established. There can never be any lese majeste in this country, nor shall we ever hear again of alien and sedition laws except as 8 deeply discredited and aban- doned experiment.
 It would be improper now and foreign to my purpose to review court decisions that have been questioned. But in pro- oeeding with the subject of judicial en- croachment upon the powers of the states, let me say that the impelling and im- mediate cause that led to the making and adoption of the constitution was the un- limited power of the states over com- meroe, that without, or interstate and foreign, as well as that within the state.
 The desire was to make commerce be- tween the states free Whatever ipro- visions of the constitution that may have in the past engaged public attention, it must be admitted that at this time the most fertile source of legal discussion of judicial opinion, and political controversy Is the commerce clause of the constitution of the United States.
 ''The Congress shall have power . to regulate commerce among the several states"
 The control by the federal government, or the interference with, if you please, the commerce within the states was never intended to be power of the federal government.
 This desire to make commerce free between the states and to afford national protection to commerce With foreign na- tions never contemplated any sort of in reference with commerce wholly within the states. The purpose was to create a federal government supreme in its limit ed purposes, and to leave to the states control of all matters of local concern, with certain limitations like the inhibl- ton of ex post facto laws, bills of at tainder, and laws impairing the obliga- tionS of contracts
 But this need not be discussed, for the supreme court, in & case not very old, known as the Sugar Refinery Case" took ernment had no control over manufac- lures in a state; that although intended for shipment to other states, the federal jurisdiction could not attach until the commodities became a part of interstate commerce. The power over a states do- mestc commerce is as exclusively within the rights of the states as the control over commerce among the states and with foreign nations Is exclusively in the fed eral government, or, more accurately spealing within the power of Congress to regulate. The scope of these two powers, the federal, being one enumerated in the constitution, and the state, being one reserved to the states, will continue to be the subject for judicial ascertainment, perhaps, as long as our highly developed and still developing commercial activity and life have or find field for operation. The energies of our people, un- limited resources, our expanding wealth, are. changing commercial conditions, re- ouire and will require from time to time legislation dealing with questions incl