The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-09

constitution should be rewritten, an,
written in way to meet the demand
of the times. And so il should be don
periodically in the future, as changed
conditions require.
The Journal speaks of amendment
10 the Constitution as substitute fo
thorough working over of that instru
ment To this it may be replied frs
Of all, that amendment is exceedingl.
slow and difficult, amounting practi
cally to impossibility. Second, amend
ments to the Constitution are in them
selves at times elf-contradictory. W.
need not go any further than the -Four
teenth and Fifteenth Amendments tt
see this. These are lI-contradlctoTy
and it is evident now that the country
would be better off in every way and
the South better content, if the Fif
teenth Amendment had never beer
adopted. The Fourteenth Amendment
would be moro likely to arrive at the
result aimed at as permanent con
dition than the Fifteenth Amendment
with its direct mandate.
So many questions have arisen by
way of construction, and so many OF
the courts and lawyers are trained IN
the old school to deny the jurisdiction
of the Federal Government when that
jurisdiction appears to be absolutely
necessary, that the need of thorough
revision of the Constitution appears
to be absolutely imperative. There are
now pending in Congress and In the
courts various matters that ought not
to be pending there at all, but should be
made clear by explicit Constitutional
provisions. One is the matter of health.
There is constant trouble in
the courts of the United States,
especially in the South, as to
whether the National Government or
the State or local authorities shall
have charge in case of epidemic
or prevention of contagion. The
question Of taxing corporations is now
in the courts. The question OF income
tax is one that has always been In
doubt, but should not be In doubt for
Il moment. The question Of the Gov
ernment issuance of legal tender cur,
rcncy was in doubt for a long time
but should not have been in doubt at
all. The question of the extension of
provisions to the Terri
tories and the outlying possessions of
the United States is one that is always
in doubt, and in number of cases
that have arisen, points at issue have
been deciged by a court as evenly
divided as it is possible for a court
nine members TO divide.
The status as between the United
States and a State where outrages are
committed upon aliens is one that is
still unsettled, but should be settled
beyond controversy. Thus far the
States. or the people in the States,
lave committed these depredations,
md the United States has footed the
dill; a clear injustice. The United
States protects its citizens when trav-
cling in foreign countries, and this
extends even to threats of
var, or war if necessary, but it does
lot protect the citizens Of one State
Who go into another and arc robbed or
ynched 1t does not give the investor
Who buys bonds of State the right
o sue that State in the United States
ourts in case that State repudiatcs its
Obligations. 1t does not fully secure
o every State its two Senators in case
f vacancy. These and many other |
hings that might be cited show the |
eed Of revision of the National Con.
titution, in view of wider views of
he National functions that prevail
ow in place of the weak National and |
trong local sentiment that prevailed
{ the time of the adoption of the
All these things taken
ogether seem to make an incontestable
rgumcnt in favor of thorough revi-
ion Of the Constitution Of the United
tates.