The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-01
MULTIPLICATION nv JNDEREcTTON.
N thS Judiciary POwsrssns % LAaast Feaernl
PUweP ~ EnvAllaating q Gear Masuse
Of 0noh PuNrRrR

N No 1unaelnFy PUWePlens % LAnaat Federnh
PWwuP ~ EnvAllaAtang q Gear Mlsuse
&C 9aeh POwerf
TrOa sstsais " Ja.ss N. Bsss ~ - HarSars
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In noteworthy speech delivered &C Pitts-
burg October Il. 1904. the then Attorney
General. Mr.. Knox. urged that Congress may
deny 70 o corpsrAnoa whose life u cannot reach
ne privilege % engaGlnG IN Interstate commerce
except upon such l~rms % Congress may pre-
scribe - protect mat commerce from restraint
Thls statement was much quoted and
much misunderstood. Mr.. Knox. who 10
very conservative interpreter Of the Con-
stitution. simply Int that Congress could
prescribe the terms Of participa ton In inter
sta - commsrcs when Congress deemed such
terms necessary TO protect that eommerce
u. .. interstate commsrcel from restraint.
This statement was accepted by many az
an anirmAtion Of the power Of Congress 10
dony thu facilities Of interstate commerce
70 any STATE corporation. except upon snch
tsrms 80 Congress deemed proper. even
though such tsrms had no legitimate relA-
/ ton 70 interstate commerce or any Federal
puFposa. Q visw which Mr. Knox vigorously
diaAvowod On tho Senate when the com
mOdities olAns0 Was under discussion.
Noverthslsas. n the Judiciary h powerie~s
to place any limitation upon any Federal
4
such power. vas tho misinterprotation 81
Mr.. Knox's statement without some sanction
\ from the supreme Court itselfl
The doctrine Of utilization by indirection
having recsived judicial sanction. it IL not
strange that many plans are now openly
advocated 70 have the Federal Governments
exerctse the police powers Of the state by
q perversion Of its own powers OF such
Ia plan senator Bsvsridee's child labor hill
a In GAgA L. hnaNrN md
question exclusively within the police power
Of the stats. There 10 not q pretence that
Congress has any power to dstermtne the
conditions with respect TO age under which
employment can be had In the States. hut Il
h sought by Federal sta tuts 70 prevent such
child labor by denying to any product that
had been ma nufa ctured by such n Dor access
To the cha nnels Of interstate trade. and. re-
Variable . the snsRsStion must seem "a
old fashioned lawyers and destructive as
Il unuuestionAbly IL to our dual system ~
government. Il must he admitted that the
proposition may be within the doctrtne that
| the judiciary cannot question the purpose
I and motive Of the exercise by Congress ~
q Federal power. II h enough that Congress
IN its wisdom has concluded that n certain
class 81 commodities should not he carried
from State 90 state or In foreign commerce.
During the discussion Of the child labor
I
duced to an absuTdlty by senator Ca llinger.
who GraVely inquired % senator BeveridRe
whether Congress could prohibit the inter
state transportation Of milk which had been
MIXED by red headed girl. Consistencv
required Senator BeveridRs to answer in
the Affirmative. bus he ignored the question
while the Titan like tre-se- Of the milk
ms III can have no legitimate reference to
the safety or welfare 81 the people in the
interstate transportation Of milk. vet. on
tho authority OF vesey We. Fenno and
McCray va the United States how could
tho Judiciary review the purpose or motive.
however unconstitutional. Of Congress In
providing that milk produced in a certain
way should not be carried from State TO
stats9
Perhaps the mos, remarkable suggestion
/ 60 nullify the reserved rights Of the people
| by an indirect use OF Federal power Was
that made by Mr.. Roosevelt on GeorEia
Day at the Jamestown exhibition. The
/ President had advocated a hall providing
! that all employees should receive Compen-
sation from employers for any accident
suffered IN the course ~ their employment.
even though the accident happened w-S-
out any neRligenCe on the part ~ uh- en-
ployer and Sis., me grOss~-i E%E'eci On The
part OF the employee EEr~pt 81 FAR a.
the employers were ~EEaRed IN interstate
trafic, these questions Of the relative rights
Of the employee and employee were peCu-
lady within the reserved rights of the
States. but the President said
there should be the plalne-t and most uncaulv
oral statement BY enactment Of Congress 70 the
/ effect that railroad employees enuu-i IN
receive damages for any accident that 70
them as an Incident N the performance % their
duties. and the Law should ~ such mat ~ win he
/ impossible for the railroads successfully 20 night
3 Il without thereby fOrfeitinE all right 20 the
prOt-r ton OF the Federal Government under any
circumstance
/ Mr. william J Bryan Il. Of course. not far
/ behind hts illuStrious rival in the drasti"
character Of the remedies that he advocates
/ In hus maya nine debate with senator Beyer-
1 idge several years ago Mr. Bryan says
| Congress has power IN control interstate rom
| nerce and the dertSion OF tue supreme Court
! IN the lottery leaves little doubt that that
I Power can be 40 exercised a. 70 Wtthdraw inter
state railroads amt telegraph lines and the mails
from the corporations which cOntrOl enough Of
the product Of any Ariee To give them virtual
monopoly
Putting together the two remedies. II
must 10 admitted that they are sumo iently
drastic. for II one OF the pre-crib-d corpO-
rations can neither sue in the Feieral court
transport it, freight ON interStat" railroad
( lines. telegraph a message. mail letter. nor
enjoy the Federal banking facilities. it, out
lawry would he complete
| The effect upon contemporary politics Of
this new principle Of constitutional iuris-
prudence u forcefully shown 10y tho new
corporation Ia Law. the main justification
| Of which was that Il would enable he Fed-
eraI Government To investigate exclusively
domestic corporations. which otherwise
would be beyond the Federal inaui-itoriai
powers.
The logical application Of these doctrines
would he that In . tinso 81 general conhsca-
| tory legislation Congress could shut the
doors Of the FedsrAl courts 10 any abroad
which sought to invoke the Fourtsenth
Amendmsnt II IL venture 10 question tho
constitusionAlity of an act n Congress
| The States also have taken up with de-
structive effect this doctrine In some ne
| Insurance. company can do business unless
II frst practically valves It's right under
the Federal Constitution 90 sue IN The Fed
oral courts. and after some indeci-ion the
Supreme Court has sustained this form n
notification by indirection The logic ~
! this 10 that any state can compel a foreign
corporation not engaged in Interstate rom