The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-07-06

exercise Of these powers by the resprc-
tive G"rernn-nts th=rc IS twl''En'
zon.---in which. a times. It may be uli
flcult TO define the precise llao OF uINl-
son in tbs exercise OF the respective
powers. THE congress shall have power
X TO regulate commerce WIN
states x X e" This power was
granted by tho states to the federal GOV
erument by the express terms or the led
erl constitution. And. again. by me eH-
NO tax or duty shall be laid on articles
exported from any state Z: NO
state shall. without the consent or con
gress. lay any impoSts ur duties on M
ports or exports. except what may De
absolutely necessary for executing 'ts
inspection laws"
The trainers OF the constitution were
wiser In their day, even than they knew;
when they Incorporated Into the !eueFa'
constitution the grants Of power 10 me
federal government respecting Inter
state commerce. This statement must
be conceded when we but consider me
immense volume or interstate trade inc
tremendous machincr engaged IN ts
communication. tho wonderful discov-
cries OF science and material resources;
and the startling social developments OF
the present day. The nation owes It's
commanding position, IN so many lines.
among the nations Of the earth to-day,
very largely to the provisions Of the fed
eral constitution above SGT forth.
The foregoing provisions have pre-
vented our nation from being made up or
q number OF petty commercially warning
nations--each commercially Jealous OF
the others-each seeking retaliation or
the others. Congress and congress alone
has full and plenary power over inter-
state commerCe. and with this power no
stale ran Interfere. therefore any law
enacted by IL state forbiddnG the sale Of
a commodity in interstate commerce.
when that commodity has been reduced
to the possession of Citizen. or tho
transportation thereof. In lawful man
ner and for lawful purposes, through the
channels OF interstate commerce Is IN
conflict with the federal constitution
and. therefore invalid. The great pur-
poses OF the nation. as nation. would
be stifled were the state permitted to re-
strict the free and lawful flow Of COM
merce between the states. And.moreover.
IL a state possessed tho power TO FORBID
the sale Of It's natural products into other
states. then the highest possible develop
ment of a state itself would not be ac-
compllshed. Nature. IN her economy;
has widely distributed her natural
wealth. 1t Is in the SemblnE or the
natural products of the several states
by human energy-rcGuirinE the oul!u.
ing and operating OF great arteries OF
commcrce-iuSpirinG the genius or man
that society makes great advances
And after ALL the state. that Is wisely
and honestly governed In the interest
Of and for the good OF ALL Is the truly
great commonwealth.
Reserve Police Power In tho State.
When framing the federal constitution,
however. the states reserved To them-
selves their inherent police power and
further, by tho 10th amendment 10 the
federal constitution It was expressly
provided that The powers not dele
gated to tho United States. nor prohibit
ed by it TO the states. arc reserved to
the states respectively. or TO the people
The police power reserved 10 the states
Is absolutely essential TO the exercise OF
their sovereignty within the spheres OF
their sovereignty: without this reserved
power a state would be under great dis
advantages in carrying out the purposes
OF its sovereignty to adequately protect
the public health and promote the gem
eral welfare, happiness and prosperity
OF its people. It Is difficult. II not Inn
possible. to give q satisfactory deflnt-
ton OF this power. Freund on Police
prom the mass OF decisions. in
the nature OF the power has been dis
cussed. and its application either
conceded or denied. II Is possible TO
evolve at least TWO main attributes
or characteristics which diffcren-
tiate tho police power: 1t aims d.
rcctly to secure and promote the
public welfare. and 1t does so BY
restraint and compulsion. 1t VIII be
necessary TO offer a few general
obserrances upon these two points.
barring in mind that II is not by gem
eral statements, but only by q detail
ed examination Of statutes and de-
csions that the power can be fully,
understood and defined. Such an
examination Will show what has boon
done and what has been approved by
experience, what has been attempted
and has failed. what has been
surrendered. and what Is aimed at
and In progress OF being accomplish
ed II will reveal the police power
not as II liked quantity. but as tho
expression Of social economic ana
political conditions. As long as
these conditions vary. tho polio"
power must continue to be elastic,
|. c.. capable of development"
The Courts Construction.
The Supreme Court OF the United
States at different times and in different
cases has said of this power that II "is
not subject to definite limitations. but
Is co-extenSive with tho necessities or
the case and safeguards OF public inter-
ST." "On of the most essential powers.
at times the most insistcnt, and always
one Of the least Irritable of the powers
of government" ut may be said. In
general way. that the police power eH-
tends to all the great public needs" Not
susceptible OF circumStantial preclSlon:
This power can neither be abrogatcd
nor oargained away and is inalicnaole
eXen by express grant.
constitution is to the nation-eSSential
TO the nations national SovcreiKnty--So
Is the reserve police power TO the state
essential TO the states sovereignty. And
IL must be kept in mind. that in the eI-
ercise Of this power the public wclrArc
TO which the power extends. embraces
not only health. morals and safety, hut
also the public convenience and the gen
eral prosperity. There may arise con-
fllcts in the exercise OF these two
powers by tho respective Sorerelgnties.
In Hoke V. United States. 22I l.. :. 30S.
Mr.. Justice Mckenna speaking for the
court said: "Our dual form OF govern
ment has It's pcrplexitieS. state and ma
ton having different spheres OF juris-
diction. us we have said; but there must
be kept nj mind that we are one people;
and the powers reserved to the states
and those conferred on the nation are
adapted to be exercised whether indie
pcndently or concurrenly TO promote The
welfare material and moral"
The Proposition
II Is believed and the proposition is
now here advanced that business may
be of such nature, carried on under such
conditions. circumstances and ohltSa-
tions TO the citizens Of the state. that
under tbs police power OF the Stht"e. APP
pliCable thereto, the state may enact and
enforce laws respecting such business.
so that the principal commodity OF such
business arising in the stale. snail hr
furnished or applied. TO the citizens or
the STATE, living or doing business in The
communities served by Sucn business, 10
tho extent OF All adequate service IN them.
within the limits of the supply: il ncceS-
sary, even to tho extent Of the entire
supply Of the commodity, to the rxclu-
sion Of citizens OF other StuteS desiring
such commodity: and this, .notwlthSiand-
ing that a part of such business is SUP
plying or furnishing to citizens OF Other
states such commodity by existing means
for transporting such commodity from
tho source Of supply in the state 10 ihe
uoInt ar delivery in other states for sale
there To citizens thereof.