Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-04-28
GIVES WARNING
AGAINST STATE
POLICE POWER
= Beveridge Tells Virginians of
Danger to Peoples
Rights.
FOREFATHERS HONORED


NORFOLK, Va, April 2S.-Wsrning
to the people Of the United States to
beware of individual States encroach-
ing on the rights granted them by the
Constitution, through the police power
Of the State, was given here today by
Albert J. Beveridge, former United
States Senator from Indiana, in an ad-
dress before the annual meeting of the
Virginia State Bar Association Mr.
Beveridge paid tribute TO the illustrious
sons Virginia has produced. and who
had principal roles in the founding of the
Republic
Patrick Henry, James Madison, Thomas
Jefferson, John Marshall and George
' Washington were paid honor by the
former Indiana Senator.
The institutions planned by men of
this quality should not be lightly
changed or quickly altered" said Mr..
BeTeridge. Especially are swift and
needless notifications unwise in view of
the fact that, under those Institutions
the American people have experienced
larger happiness sOunder prosperity and
greater power than ever fell to the lot of
associated human beings elsewhere. IN
der any other Institutions whatever
Z. :. INSTITUTIONS
MOST STEADY.
That is a tremendous fact: and one
or equal or even greater magnitude is
heaFai and approaching chaos, our Amer
lcan institutions are today functiOning
more steadily and our Government is
more stable than those of any other conn
try with the possible exception of japan
and nobody can fOretell how that land
viii rare eventually, since here present
Instructors are, comparatively, a very
recent arrangement. Speaking by AMI
large, the truth is that American insti-
buttons, developed along lines Of those
fundamental economic, social and Do
ntlcaI principles established by 1.-The
Fathers. are today proving to be the
pest and most practical in existence.
AT one point, however, these instftu-
lions are now being subjected TO a seri-
Gus xperiment-sOme very able men
think they have been Cravely impaired.
This point Of Development and possible
hazard is the application or rather the
extension Of what is called the police
power OF the States. Roughly speak
Ing, this is the power said to be inherent
In government to take extreme and often
irreglar measures for what is considered
In particular emergencies, TO be the pub
lie welfare
CONSTITUTIONAL
RIGHT MENACED.
1T is obvious that this vague and IN
limited power can be employed as to
neutralize-indeed to destroy altogether
many OF our most precious constitu-
uonal safeguards. It is sufficiently
alarming, from this point Of view that
a city or State can order private prop
= erty and industry vacated. SUSPENDED or
sherwise interfered with in the interest
- the health, morals or even the con
= venience Of the community: but This Is
now well established practice. is support-
ed by powerful reasons and It's danger
has, hitherto. been minimiZed generally
by good sense and moderation on the
part OF the authorities
The same is true Of the restraints On
Tree speech, although the application OF
the police power in the alleged in
terests Of public safety has sometimes
approached autocracy. when really used
TO suppress lawful discussion We
lawyers must bear in mind that lawful
free speech is the very heart of our
popular representative GOvernment-re-
publican institutions, without free speech,
can not exist.
But perhaps the most striking use Of
the police power in its disintegration
Of constitutional rights, is that by
which some states, for the alleged pur-
pose Of protecting the public pass ana
execute laws not only tmpairing the
obligations OF contract which our Ma
uOnal Constitution expressly and posi-
lively fOrbids States to do. but actually
nulllfyilg contracts altogether. 1t is
plain that If such exercises Of the
police power become habitual one Of
the most vital provisions Of the Ameri-
can Constitution viii in practical effect
be abolished; and If one part Of our
fundamental law is destroyed, all others
are in peril-f one provision goes today.
another may 60 tomorrow. If the
Gnctity OF lawful contract is annihilated.
~the sacredness Of lawful free-speech may
fOllow-and vice versa
THE same can and will happen to
other provisions Of our Constitution IN
I'll. en- the ruins of that majestic struc-
ture Of orderly freedom, will arise the
erratic and terrible reign of impulse and
passion and caprice; and the United
States. instead of being the steadiest and
safest of nations, viii be drawn into the
swiTling maelstrOm Of universal fux
and change
USE POWER
WITH JUDGMENT.
THE remedy. Of course. is in the ex-
erciSe of the police power with prudence
and judgment, and with respect and rev
erence for the supreme law Of the land
the Constitution OF the United States.
We must see to IL that the legislators
who make our laws are, in a sense. jur-
lists as well as statesmen; and that the
Judges who interpret those laws are, IN
a sense statesmen as well as Jurists- It
all comes down 20 the citizen himself
the man ard woman with the vote is the
source Of all authority. That is why
the people themselves must now study
and maintain the simple but sublime
principles upon which our Government is
builded, if the people care to preserve
American Institutions; and take infinite
care that public servants whom the peO-
pie select to administer public affairs
shall nave thorough knowledge Of and re-
ligiOus devotion to American institu-
tiOns. the most numerous and most
sentiaI of which are defined. established
and safe guarded by that immortal or
dinance Of our nationality. the Consti-
tuition Of the United States Never for
an Instant must the average citizen, man
or woman. forget that the prime cOndi-
ton for the security Of life. liberty and
the pursuit OF happiness in this Republic.
IS militant support of all American in
stitutiOns-not merely some American in
situations"
"A NHEDTN TTTA-