New-York tribune., 1916-07-24
NATIONAL UNITY AGAINST STATE RGHlo
Absg Imaginary Lines Between the States SO That They
May Become Provinces of One Great Nation Supreme
in Everything Needu.

that commerce and the means OF commerce
are not all-important. The things OF the
spirit are slowly coming into their own.
The matter Of military requirements is by
no means the only direction in which dual
sovereignty has broken down. Each of the
/ forty-eight states is a law unto itself in
respect of marriage, divorce and other do
mestic relations and in respect of personal
rights and laws of property, no matter in
what states the persons affected may later
reside. More ways than one have been found
/ to impair the constitutional provisions that
full faith and credit shall be given in each
state to the public acts. records and judicial
proceedings of every other state" and that
"the citizens of each state shall be entitled
| to all privileges and immunities of citizens in
the several states" These provisions read
we'll, but only half work out in practice. The
scandal of easy divorce and remarrage, with
its demoralizing effect on children; the con-
fusing differences in laws of descent and
distribution; the varying laws with respect
to taxes on inhertances the comparative
ease with which judgments entered in one
state may be nulifed by trip across an
imaginary line-these and numerous other
instances that will occur TO any lawyer, and
/, to many laymen who have had unfortunate
experiences again demonstrate the weak
ness Of dis-union, that is to say, of forty
eigl separate sovereigntes, Of numerous
impera in imperio.
Turning again to the matter of trade, be-
cause that is subject which always appeals
to the people of the United States, let US
see how the Supreme Court has recently
viewed the effect of the one great cons.,-
tutional principle which makes for national
unity. In Houston, East and West Texas
Railway Co. agt. United States, 234 U. s. 342,
Mr. Justice Hughes wrote of the power of
Congress over interstate commerce as fol-
lows:
at is of the essence of this power
that where it exists il dominates. In
terstate trade was not left TO be de-
stroyed or impeded by the rivalries OF
local government. The purpose was to
make impossible the recurrence Of the
evils which had overwhelmed the confed-
GRAFTON, and to provide the necessary
basis Of national unity by nsuring uni
formity OF regulation against conflicting
and discriminating state legislation By
virtue of the comprehensive terms Of the
grant, the authority of Congress is at
all times adequate TO meet the varying
exigencies that arise, and to protect the
national interest by securing the free
dom Of interstate commercial intercourse
from local control"
This is sound law and Interpretation. but
what a commentary upon our systeml In
effect, 1t makes the people of the United
States say:
Great is trade, II is king. emperor.
potentate. 10 is 70 be protected AZ all naz-
ards. Everything and anything else can be
left TO the whims Of forty eight units. but
ha
troll. The jealousies Of forty-eight different
sovereignties in respect of anything else can
be given free play, can be allowed to do
anything almost, but they must not interfere
with trade"
Is 1t necessary to say more? Will not these
considerations move an intelige and wise
people to ponder over the idea that what has
been found 70 be to the advantage of trade
that IS to say, 70 their pockets may prove
equally advantageous in other things7
Is IL not time TO abolish the imaginary
lines which separate the several states from,
each other? Let the states be but local com
munities-p provinces. if you wll-of one Great
nation; let them have their local ordinances
and their local means OF enforcing those ordi-
nances. In all matters that are common -
the nation as a whole, however. or which
affect the people as whole in trade ;r
property in domestic relations. In the nursu;,
Of the common happiness and welfare 10,
the states as separate entities cease to oxis,
Let the power Of the nation be At ali tir,es
as supreme in every thing in which n must
be supreme IN case of national need A. !,
now is in the regulation of commerce To,
US be unified nation in all things and not
merely IN trade. in coinage and in nurel,
commercial matters CHASE NEIJFN
New York, July 20, 1916.