Evening journal., 1915-11-10

end the citizens thereof and foreign
states, citizens or subjects.
important as these judicial powers
thus conferred upon the federal iudici-
ary are, they are comparatively few in
number and are such as are necessary
to round out and complete the federal
or national government established by
the Constitution. The most extensive
jurisdiction to which the judicial power
of the United States is made to extend
is that pertaining TO controversies be-
tween citizens of different states. and
between state OF the citizens thereof
and foreign states, citizens or subjects.
The larger part of the work of or fed
eral courts arises from this branch of
their jurisdiction. which extends con
currently with that Of the state courts
to all civil suits or controversies in
which the parties, have diverse citi-
zenship,-that is, where the controversy
is between citizens of different states.
1t is not a compulsory jurisdiction, but
one which may be sought by either
party when diverse citizenship exists.
Exercising this jurisdiction, the fed
eral courts are called upon to admins
ter the laws of the particular state in
which the controversy arises, and may
put its own Interpretation upon the
laws of such state, although due respect
is always paid 10 the Interpretation
given by state courts to such laws. This
feature of the judicial power conferred
upon United States Courts by the Con-
stitution has done much to bring the
general government into close and ia
miliar contact with the citizenship OF
the several states.
Relation of the States.
with this brief summary Of the
powers conferred upon the general gov
ernment by the Constitution. let me
turn now to the relation of the states
and their citizens TO the federal or gem
eral government.
81 have already briefly alluded to the
state Of things that existed when the
several colonies, by their representa-.
tives in General Congress assembled.
solemnly published and declared that
these united colonies are and of right
ought to be free and independent states
These colonies, now calling themselves
states. united only by common agree
ment for purposes OF defense. establish
ed in l777 a loosely framed confedera-
tion. and afterwards, under the Consti-
tuition of l7S7-S0. "A more perfect Union
in order to establish justice, insure do
mestic tranquility, provide for the com.
mon defense and promote the general
welfare Our scheme of government is
thus dual one, and the theory upon
which IL rests is, that the government
fl L. Al
ure of the states. and that the powers
conferred upon it were surrendered by
the states out of the reservoir of the
sovereign powers which. in their COM
pleteness. belonged to the people of the
several states. Powers conferred by the
Constitution upon the general govern
mcnt were conferred by the people of
the states for the purposes indicated
in the preamble TO that instrument. and
1t has long been the accepted Constitu-
tional doctrine of all parties in this
country. that the general government is
invested with and can exercise no other
powers than those delegated and enum-
Grated in the Constitution. But Con.
gress is granted power TO make such
laws as are necessary to carry the dele
gated powers into execution.
Powers of the People.
There was. of course. reserved 10 the
states and the people of the states all
the governmental powers that were not
thus surrendered 10 the general govern.
ment The general government pos
sesses the limited sovereignty expressly
conferred by the people of the states
and no other. In the states and their
people remained the great mass of
powers apportaining 10 sovereignty
which concerned the every day lives and
conduct of the people and regulated and
touched upon their most intimate and
important interests. Each state frames
its own constitution according to the
needs and necessities of its own people
as seen by them. They may give or
withhold such powers as they choose
from their governmental agencies. ex-
ecutive, judicial or legislative, and may