The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-10-11
TWIN CASES.

Grimes and benefits have alike been accom-
plisbed under the Commerce clause of the con-
stitution Governmental powers have been gently
and nsidiousy advanced 10 undreamed OF
lengths under its plastic spirit and intendment-
Governmental aid has been extended III worthy
quarters under the accommodating construction
of lis terms. Governmental supervision has been
exercised, governmental courts have acted. gov
ornamental agents have interviewed IN score OF
unheard of places. all under the theory OF this
clause which has seemed OF late years only TO
recognize an obstruction III order to stretching
forth and overcoming it.
Naturally this tendency cannot be viewed but
with apprehension by all who in the day OF new
nationalism' desire without reaction to hold on
TO some shred of the old definitions of liberty.
At the same time the commerce clause Is a
live and potent principle. 1t IS woven mex
tricaby into the latter-dav policy OF the govern
ment Of all the people. If it is to be exercised for
one benefit it ought 10 be exercised for another
and similar one. The objection against its
further extension in one case ought not TO hold
against lis extension. after the precedent, 10
eases of similar character Its powers they
advance ought 10 be impartially applied TO every
position. This. it seems no lis, is but common
justice.
Colonel Roosevelt 10 the contrary fail TO
see exactly how Government aid in the drainage
of swamp lands can logically be considered IN
tcrstae commerce. The benefit in such eases is
direct 10 he land. 1t is intended TO add TO the
value OF State real estate 1t is proclaimed for
the purpose of adding TO the area under culti
I A.. 4
now useless lands valuable, it may aid In in
tersae commerce by providing subjects Of car
rlage but 80, III that way. would government
factory. But however that may be, the Colonel
would seem to be entirely right and just in pro-
claiming sympathy with the drainage policy in
view of the similar policy of irrigation which
has been so successfully inaugurated under gov
ernmena auspices in the West, If the nation
is to make departure in this sort of censer-
walton by providing water in secion, it
would seem clearly competent for it to foster an
analogous enterprise in the South by relieving
water sobbed land of surplus moisture
II is true that in the West the lands are orig
inallv owned by the Government II is on this
point that Mr.. Taft bases his objection to the
drainage propaganda for The South. But it is
also true that the irrigation of arid lands is ln-
dertaken only after contract for their sale to
private parties and after the private owners have
committed. themselve. TO the obligation of shar-
ing III the expense The difference between the
Government taking useless lands of lis own, SELL
ing them at a small price and then improving
them for the purchasers and in the case Of sobbed
lands following similar course when the lands
themselves already privately held. is nehulous
and negligible.
Dubious as we are As 70 the consttutionality
of either of these enterprises. the one is an ac
complished fact, accepted by all parties and safe
guarded by Congressional appropriations not
open to attack If the one is proper, the other
would seem to be clearly SO. The South pays lis
large pro rata part toward the reclamation Of
desert lands in the West ii is as logical that the
West and all other sections of the country should
be charged with the burden Of aiding ia the
reclamation of the immense tracts of swamp
lands in the South, all of which are susceptible to
redemption to great productivencss. Whatever
one may think of the reasoning upon which he
POUNDS his opinion, the South will in this policy.
under the existing facts, heartily endorse the
Colonel's timely and valuable allegiance