New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-09-14
THE, BEGINNING OF ANARCHY
Plea That 1t Was Emergency
Measure Was Pernicous DocineA lest OF the Consltu-
tionaity of This Law Should Be Made at Once

plishment of objects not intrusted to
the government it would become the
painful duty of this tribunal. should a
case requiring such a decision come be-
fore it, to say that such an act was not
the law of the land Page 422)
In the first employers liability case (2OI
L. S, 463), the Supreme Court, in declaring
he act of July IL, 1906, void, speaking
through Mr. Justice White. said:
1t remains only to consider the con-
tention which we have previously
quoted, that the act is constitutional,
although it embraces subjects not with
in the power Of Congress to regulate
commerce, because one who engages in
interstate commerce thereby submits all
his business concerns to the regulating
power of Congress. To state the propo-
sitioa is 10 refute it. It assumes that
because one engages in interstate COM
merce he thereby endows Congress with
power not delegated to it by the Consti-
tuition; in other words, with the right to
legislate concerning matters Of purely
state concern. 1t rests upon the concep-
tion that the Constitution destroyed
that freedom of commerce which it was
its purpose 70 preserve, since it treats
the right 10 engage in interstate COM
mercc as privilege which cannot be
availed of except upon such conditions
as Congress may prescribe, even al
though the conditions would be other
wise beyond the power of Congress. II
is apparent that, if the contention were
we'll founded, it would extend the power
of Congress to every conceivable sub
irh
obl;terate all the limitations of power
imposed by the Constitution, and would
destroy the authority of the states as to
all conceivable matters which from the
beginning have been, and must continue
to be, under their control so long as the
Constitution endures. PIP. 502-5O3.)
The validity of the act should be promptly
md vigorously contested. Under the guise
If regulation Congress has certainly trav-
He'd far beyond any previous point. If this
ict IS valid, then there would seem 70 be
10 limit to the regulation of all the inter
al affairs of the carriers, and, if valid as to
he railroads, the same rule can be applied
% other corporations and to individuals
ngaged in interstate business until every
lct of business will be subject to the con-
rol of Congress. The passage of this act,
lmo5t without debate, certainly without de-
Iteration, shows how regard for the Con-
tltuton has diminished. Our government
annot long endure if Congress and the Ex-
cutivc continue TO bend to the demands of
rganized minorities We are now suffering
rom a riot of democracy. What we need is
eaders, not demsgogues; statesmen, not
'ote-seekers. Most Of the men in high pub
Ir /
lection in Office than they care for the Con-
titution. with all its safeguards. which, af-
er all, is absolutely essential if we are to
ontinue to have government OF laws,
lot of men"
There has been some loose talk to the ef-
Get that we were confronted with a great
ational crisis; that this act was an emer-
,ency measure. Ny only reply to such an
xcuse is a quotation from the opinion Of
ustIce Davis in the case of ex parte Milf
an A Wall, ., arising out of the Civil
Var:
The Constitution OF the United States
is law for rulers and people, equally
in war and in peace, and covers with
the shield of IT'S protection all classes OF
men. at all times, and under all cir
cumstances. No doctrine, involving more
pernicious consequences, was ever in
vented by the wit of man than that any
Of its provisions can be suspended dur
ing any Of the great exigencics of gov
eminent Such a doctrine leads direct
ly to anarchy or despotism. hut the the
ory of necessity on which II is based is
false for the government. within the
Constitution. has all the powers granted
to It which are necessary to preserve its
existence, IA has been happily proved
by the result of the great effort to throw
off its just authority. (Pp. i20-l2D.
W. CLEVELAND RUNYON.
New York. Sept II. 1919