The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-01-09

through amendments to the Constitu-
on, but by gradual aggressions upon
constitutional guarantees. Perhaps
this is because of the trend towards
more perfect democracy in the
states. These aggressions have be-
come so common that the president of
the United States in making a speech
at Harrisburg, Pennsylvania. on Octo-
Der 4, 1906, ventured to say:
In some cases this governmental
action must be exercised by the sew
eral states individually. In yet others,
it has become increasingly evident
that no efficient state action is pos
sible, and that we need, through exec
utive action, through legislation and
through judicial Interpretation and
construction of law, to increase the
power of the federal government. If
we fail thus to increase it, we show
our impotence"
This sentiment was again and again
repeated by him on different occasions.
On the 18th day of December, 1906,
Mr.. Root, who was then secretary OF
state, and who had occupied the posi-
ton of secretary of war, and who is
now United States senator, in the
course of an address made by him in
New York. after referring to the grad
ual passing of control into the hands
OF the national government said
1T may be that such control would
better be exercised in particular in
stances by the government of the
states, but the people will have the
control they need either from the
states or from the national govern
hnnt n if he etc foil fn ;Gb
it in due measure. sooner or later
constructions of the constitution will
be found to vest the power where it
will be exercised-in the national gov
eminent"
1t will be observed that the presi-
dent and Mr.. Root were not asking
for an increase of federal powers by
an amendment to the constitution
They were suggesting an encroach-
ment upon the rights of the states by
the national government through a
series of usurpations by every branch
of the government.
| think it was Mr.. Justice Moody
while attorney general in the cabinet
of this same president, who said that
the judges of the federal supreme
court are now required to be states
men rather than lawyers, meaning, of
course, that these judges shouk be-
come a kind of governing council to
decide, not what the law actually is,
but what the law should be. This
would be but to usurp the law maxi
ing power and to constitute the judges
d1ctators. The president whose ut
teTance is above quoted elevated Mr.
Moody to the supreme bench, a posi-
tion which he now holds.
National Government Not Guardiah OF
Rights Reserved to States.
|. The national government has only
such powers as were delegated to it
by the states in terms expressed or
clearly implied in the United States
Constitution. All powers not so dele
gated by the states were reserved in
express terms to the several states.
The United States Constitution is as
positive and specific in reserving to
the states all rights not delegated as
it is in securing to the federal govern
ment its delegated powers. In dele
eating to the federal government the
powers prescribed in the Constitution
the states were not appointing a guar
dian over their reserved rights. The
national government has no more au-
thority to encroach upon, or destroy
the reserved powers of the states than
any state has to invade the powers
delegated to the national government.
Daniel Webster said:
The judicial power cannot stand
for long time against the executive
power. The judges hold their places,
it is true, by an independent tenure,
but they are mortal and the vacancies
will be filled. by judges agreeing with
| the president in his constitutional
! opinions
| United States district and circuit
! judges are ambitious of promotion.
Their elevation depends entirely upon
the president, and these judges are
| but human. The clash between state
and federal authority, which has oc-
! CURED since the above quoted utter
| ances were made, might naturally have
! been expected. Since that time judges
of inferior federal courts have been
suspending the laws Of states by in
/ junction. United States marshals have
! been busy serving iniunctions and CT
| tations to appear to charges OF con-
| tempt upon state Officials. Indeed,
every effort has been made by federal
authorities to impress upon state Off
Gals that they are administering mere
/ ~ the police powers of a province in
an imperial government.
! A few weeks ago. while in the city
! Of Pensacola, a federal district judge
/ from a sister state, having previously
suspended by injunction statute of
| his state fixing railroad and passen-
! ger rates, narrated, I am told, with
apparent pomp and pleasure, how at a
| critical period he had read to the at
| torney general Of that state. a letter
from the department of justice at
! Washington, in which the judge was
! assured of the support of the national
! government if necessary to enforce mis-
! decree: how he had at the same time
confidentially stated to the attorney
! general the contents of a cOmmunica-
! ton received from the president, in
which the president had assured the
/ Judge that he had the moral support
/ Of the national government and would
/ have its physical support, if necessary;
and how he had threatened the gov
ernOr and attorney general Of his
state with Imprisonment should this
/ Injunction in any particular be viOlat