New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-26
A FARREACHING OPINION.

The decision of the Supreme court
in the white slave" ease is OF the
utmost importance III IFS direct bearing
on the fight against organized promo
zion of vice The scoundrels VINO
engage in the business Of trapping
women are now subject Ia the power
of the federal government. and 4
weapon against them is forged when
is likely 10 prove much more effective
than any which the states have been
able 10 employ.
Scarcely less important is the bear
ing Of the decision on the general
Question Of state and national powers.
Justice Mckenzie opinion in when
thc whole court cOncurS. Is one OF III"
most significant interpretations of the
Constitution as a grant OF national
power adequate 10 developing mai ona!
needs which has been made for many
years. II is a blow TO the norman 5
land" and twilight zone views OF the
division of authority. which would
leave uncontrolled many evils beyond
the practical jurisdiction OF the state
governments so long as they were not
explicitly subjected 10 federal regula-
ton. II assumes that orr system - IN
tended 10 he complete and efficient
instrument of government. and thai
where state authority cannot reach to
check or punish crime. there federal
authority must reach 50 that laws for
IFS suppression viii be valid. Justice
McKenna thus forcibly puts this view:
There is unquestionably a control IN
the states over the morals OF their
citizens, and IL may be admitted II cA-
tends to making prostitution crime.
If is control. however. which can ne
exercised only within the jurisdiction
Of the states. but there is q domain
which states cannot reach ana over
which Congress alone has power, ana
Il such power be cXerted Ia control
what the states cannot il is an argu-
ment for-not against-its Legality. lis
eYertion does not cncrOaCh upon the
jurisdiction Of the states
This is a farreachng doctrine OF ma
Iionallsm The desired federal power
for the emergency is held 10 he grant
ed under the interstate commerce
clause Of the Constitution. Oh theory
Of commerce which will seem 10 most
men reasonable. but which certainiy
never wonld have been put forth hall
a century ago even by tile most at
vanced loose constructionlst. The
particular clause under which an "Ner-
else Of what is really police power T.
iustihcd is Of little significance con-
pared with the tendency 10 determine
the scope of federal authority 10y it,
need and 10 recognize no vacuum into
which the states physically canno; ana
the United states in slavery to q
theory dare not reach. 1t recalls
Senator Roots famous warning 10 the
states against the atrophy Of Their
powers 10 right wrongs Of general con
ccrn unless they wanted the United
States TO find way to do what some
body must do for the common good.
What attempts at the extended eXer-
else Of federal police power this de-
clsion may encourage cannot be- fore
told. The advocates Of the exclusion
of the products OF child labor from IN
tcrstate commerce are likely 80 appeal
10 il. The commerce clause as now in
terpreted is broad enough ia cover
such exclusion. But. tried by the touch
stone Of necessity. would such lcgisln-
ton he justified: The police power ol
every state is adequate To protect its
children from labor. Would res,ric.
ton then. fall within that domain
(Which the states cannot reach and
cover which Congress alone has
power?