The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-11-23


the protested purpose of ,insuring
| the general welfare. The citizen who
driving close to the brink passes
THE danger line and finds himself
ir the wrecked condition brought
about by transgressing the law, viii
search with eagerness for some solacei
and protection IN the great funda-
mental charter whence the body
which enacted the law derived its
power. Under these circumstances
the searcher asserts with vefemance
the rights Of the I'M ividual as against.
the assumed corrective power OF the
state itself, and the immoral bless
tngs Of personal liberty ind no
greater champions or more eloquent
eulogists than those who are nc
Icused OF violating statutes prescrib-
ed for the government OF their CON
duct. 1t may be said. however. that.
constitutions are not framed and
adopted for the special benefit Of
those who Disregard or stretch to
the breaking enactments intended for
THE welfare, but for the good Of the
citizenship at large, and the pro-
lection OF higher things. the things
OF real value to humanity which
make life worth living. Civil condi-
lions cannot remain stationery and
unless they retrogade they must adj
vance, sand when the. lawmaking
power of the nation, upon serious
thought and careful alton, en-
acts a statute manifestly and unmis-
takably intended to promote. the
health and morals. and happiness II
must be presumed, until the CON
trary. Is clearly shown, that it acted
within its lawful province and power.
Let US see. then. whether LIQUORS
shipped Into q state for the purpose
of violating its statutes can be de
vested Of their interstate character
in the eercise Of Congress of fits
power to regulate interstate COM
merce." : +
'nThat clear seeing statesman and
Ipublictst, James Bryce, upon re-
marking that some one had observed
that the American, government and,
constitution are based on the theol-
sogy of Calvin and the philosophy OF
Hobbs, said:
.seThis, at least, is true, that there
is hearty Purltanism In the view
Of human nature which prevades the
instrument of 1885,. It is the work
Of men who believed in original sin,
and were resolved to leave open for
transgressors NO door which they,
could not possibly shut.
Z (The american commonwealth,
Vol. /. p. 306.)
Dillon in his lectures on law and
jurisprudence, ep. 1859 said that the
absolutely unique feature OF this
republic Is its written constitution
whereby the people, by an act OF
unprecedented wisdom have, In or
der to establish justice, to promote
the general welfare and secure The
blessings of liberty to themselves.
and. their posterity, protected them
selves against themse selves WI llough-
by IN his work on the constitution,
Vol /, Sec. &c. says: -
In constituting the constitution
the very proper. and indeed neces-
sary principle has been followed that
that instrument was intended to en-
dures for all time and that its grants
OF power are, therefore, to be inter
preted as applicable to new condi-
lions as they arise. BY this is not
meant, however, that these new con-.
ditions shall in avn case Justify the
eercise Of a power not granted, or
create. a limitation not imposed by
the constitution, but that the powers
which are granted shall, IL possible,
ha rnora an1lina hla <rss ft,ooa ,,ax,,