New Britain herald., 1916-08-07

MT. Brandegee. do not. l
 MT. Borah It is the law, but is it unsound?
 MT. Brandegee. l think it went the limit. Between the senator and my self I think it went the limit, and think the senator admits it went the limit, or did until he was prepared to take the next step and go the limit one higher
 MT. Borah. I do not concede that I have gone a single step further. I think this law is wholly within that case and previous cases. l do not think, as I have said previously and l do not know but publicly, that the supreme court laid down the rule there that is as far the supreme court will go, but I think under that rule this law can be sustained, and it does not go a step further than that position.
 MT. Brandegee. I know the sen- ator thinks so, and I say he is per fectly honest in his belief; but the senator stated the other day what the fact was, and every senator knows not only when he stated but what they themselves stated they thought. The senator said that until the last two or three decisions of the supreme court, which have stated that inasmuch as congress has power to regulate com merce among the states they could not be deprived of it, nor could it be set aside as unconstitutional because In carrying out the power 1t imposes regulations which might partake of the nature of police power. 1 say when the senator has read the last few decisions to the effect he admits his mind is changed, but before those decisions were made he stated nere the other day he would have thought this bill was unconstitutional, and al- most every lawyer would have said it was unconstitutional, and did say so until then. But In my Judgment those decisions, whatever they may accomplish in the way of sustaining the act upon the facts presented in that case will not make this law con- stitutionaI. I do not believe the su- preme court will say it is constitu- tional.
 MT. Borah. I am frank to say it is upon the decisions of the supreme court of the United States that I base my belief that this law is cOnstitu tiOnal.
 MT. Brandegee I did not misrepre- sent the senator.
 Mr. Borah. Certainly not.
 MT. Brandegee. I said exactly what the senator said.
 Mr. Borah. Precisely. I contend that under these decisions the law can be sustained.
 Remedy Misdirected.
 Mr. Brandegee I know the senator thinks that these decisions have gone to the limit I think a little further than the limit, and I have seen the supreme court reverse itself, somc- times retrace itself. The trouble about this kind of legislation is that congress looks around after being pe- titioned and loaded with requests, all sorts of influences and pressure brought to bear upon it by parties who have organized the propaganda, Which may be good, bad, or indif- ferent. It is a good propaganda in the state, far the welfare of children is concerned, but misdirectcd as to the remedy, in my opinion. The trouble i9 we do not purpOrt to be dO- ing what we actually are doing. It seems to me that if the police power which the senator from Idaho says the congress must possess in order to carry its power to regulate commerce is an existing thing it ought to be ap- piled to the regulation of commerce.
 The senator from Idaho says the only reason why the government has any police power is because it has the necessary power to carry out the pow CTS is because it has the necessary power to carry out the powers con- ferred upon congress. Then let the police power in regard to commerce be confined to the regulation of com- merce, and let us not attempt to use police powers, if they be police pow CTS. to pass regulation of con- merce, like safety appliances, and 50 forth. and the composition and safety of the, instrum entalities of commerce, to compel the state, by a threat of impounding their products and put ting hoycotts on them as to communi- cation with their neighbOrs, to change their laws to suit us or to superim- pose the superior power of a nation upon them about matters of their do- mestic concern.
 MT. President, if the principle upon which this proposed legislation is based can be maintained, to wit, upon the theory that whenever congress from time to time may think it would be for the benefit of the people, and on the ground that the nation is as much interested in the health of the people of Savannah, Ga, as the peo- pie of Georgia are, we can say no products shall come out of any city of Georgia into the state of Alakam a unless Georgia shall forthwith pave o11 itc otr y1vi+L Io1 # and promote and protect the health of her inha bitants, or unless it's prod- ucts are made by men who belong to labor unions or by men who do not belong to labor unions, Or unless they have prohibition.
 MT. Smith of Georgia Or unless they enforce prohibition.
 MT. Brandegee. Or unless they en- l fA1.n6 Mi hitiAI ca