The evening herald. (Klamath Falls, Or.) 1906-1942, 1922-12-18


iment in seif-government by the peo'
pie themselves, and soif-govornmcnt
cannot be, reposed wholly in some 4
distant capital, II has to be eNcrcis' !
ell In part by the people in their own
homes. nrr.
SO intent were the founding faith
ers on establishing q constitution .
which was confined to the funda-
mental principles OF government that .
they did not turn aside even to deal
with the great moral question OF
slavery That they comprehended Il !
and regarded u as an evil was clear .
ly demonstrated by Lincoln in his .
Cooper union speech when he show.
ed that substantially all of them had .
ut some time. by public action, made .
clear their opposition TO the coutin-
uation OF this great wrong, The
early amendments were all In dimi' .
mutton OF the power OF the govern
mcnt and declaratory OF an enlarged
Sovereignty OF the people.
Il was thus that our institutions
stood. for the better part of a cen.
tnry' There we're the centrallzing
tendencies and the amendments aris-
ing out OF the war OF 81. But while
they ircreased To some degrcu the
power or the national government,
they we're In ehiet great charters OF
liberty, confirming rights already
enjoyed by the majority, apd under.
taking TO extend and guarantee like
rights, to those formerly deprived OF
! equal protection OF the laws. During
most OF this iang ported the trend OF
public opinion and of legislation ran
In the same direction. This was OK.
| cnipllficd In the executive and lcgis-
istivc refusni to renew the Uaitcd
! States bank charter before tho war,
4 and In the judicial decision In the
slaughterhousc cases after the war.
This deeision has been both criticised
and eondoinned Ia equally high
places. but the result OF II was PER
fectly clear. II was on the side OF
leaving to the people OF the several
states, and to their legislatures and
courts. Jurisdiction over the privi-
icges and immunitics OF themselves
and their own citizens.
During the past 30 years the trend
has been in the opposite direction.
Urged ON by tue force OF public op-
inion. national legislation has been
very broadly extended for the pur-
7 pose OF promoting the general wel-
fare. New powers have been dele.
gated to the congress by constiiu
tlonal amendments and forme!
grants have been 50 interpreted rs to
extend legislation into new fields.
This has run It's course from the In.
terstate commerce act OF the late
eighties. through the various regui.
atory acts under the commerce and
tax clauses, down to the maternity
aid law which recently went into ef-
feet Much OF this has been accom-
panied by the establishment OF var
ious commissions and boards, often
clothed with much delegated power,
and by providing those already In ex'
istenoe with new and additional au.
tority. The national government has
extended the scope OF it's legislation
10 include many kinds OF regulation.
the determination OF traffic rates,
hours OF labor. wages, sumptnary
laws. ann into the domain OF over.
sight OF the public morals.
This has not been accomplished
wIthd,t what is virtually a change IN
the form. and actually change in
sthe process, OF our rpyernment. Tho
power OF lesislatlcri has been 10
large extent reeas,. for the old order
. looked on these Increased activities
/ with much concern. This had pro-
ceeded on the theory that Il would
be for the public benefit 20 have gov
ernmeai. 10 a greater degree. the
direct action OF the people. The out
come OF THIS doctrine has been the
adoption OF the direct election OF
United States senators, the curtail-
ment OF the power OF the speaker Of
the house. ana constant agitation
for breaking down the authority OF
decisions OF the courts. This Is not
the government which was put into
form by Washington and Hamilton
and popularizcd by Jefferson. Some
OF the stabilizing safeguards which
,,ibsy hsdrsvproyided have been
\ weakened a The, representative eie-
mont has beens diminished and the
democraaS,element has been in
ereassd. bath is still constitutional
gotcsnpent. VI stili requires time,
\ due Dell ll)sgcsson. snd the consent lof
a4{ke states 70 thange or modify the
fundamental law OF the nation.fs h
Advancing alopgythis xsne line OF
Capitalization, or note Snd more le'
gislation. OF more and more power