The New York herald., 1922-08-27


American Bar Assoc
So long as tho national Government
confined itself to providing those fun
-damentals OF liberty. order and justice
for which 1t was primarily established
its course was reasonably clear and
plain. No large amount OF revenue was
required. No great swarms of public
employees were necessary There was
little clash OF special interests or differ
ent sections. and what there was of this
nature consisted not Of petty details but
Of broad principles. There was time
for the consideration of great questions
OF policy. There was an opportunity
for mature elaboration. What the Gov
ernuient undertook to do 1t could per-
form with fair degree Of accuracy and
precision.
lt this has all been changed by en-
barking on a policy Of general exer-
else Of police powers. by the public con-
troll of much private enterprise and pri-
vate conduct. and OF furnishing . public
supply fer much private need. Here arc
these enormous obligations which the
people found they themselves were inn
perfectly discharging. They therefore
undertook to lay their burdens on fhe
national Government. Under this weight
the former accuracy of administration
breaks down. The Government has not
at its disposal a supply of ability. hon
esty and character necessary for the
solution of all these problems or an
executive capacity great enough for
their perfect administration. Nor is 1t
In the possession of wisdom which en-
ables 1t to take great enterprises and
manage them with no ground for criti-
cism. We cannot rid ourselves Of the
human element In our affairs by an act
Of legislation which places them under
the jurisdiction of public commission
The same limit of the law is manifest
In the exercise of the police authority
There can be no perfect control of per-
sonal conduct by national legislation.
its attempt must be accompanied with
the full expectation of very many fail
ures. The problem of preventing vice
and crime and Of restraining personal
and organized selfishness is as old as
human experience. We shall not find for
1t an immediate and complete solution
in an amendment to the Federal Con-
stitution, an act of Congress OF il the
findings of a new board or commission.
There Is no magic in government not
possessed by the public at large by
which these things can be done. The
people cannot divest themselves OF their
really great burdens by undertaking
to provide that they shall hereafter be
borne by the Government.
When provision Is made for far reach
ing action by public authority. whether
a large sum from the Treasury or the
participation in a great moral reform. it
all means the imposing of large addi-
'tional obligations upon the people. In
the last resort it Is the people who must
respond. They are the military power.
they are the financial power, they are
the moral power of the Government.
There Is and can be no other. When
broad rule Of action is laid down by
law it is they who must perform.
If this conclusion be sound 1t becomes
necessary to avoid the danger of asking
of the people more than they can do.
The times are not without evidence Of
a deep seated discomfort not confined to
any one locality or walk of life but
shared in generally by those who con-
tribute by the toll of their hand and
brain to the carrying on of American
enterprise. This is not the muttering Of
agitators 1t is the conviction of the in
telligence, industry and character of the
nation. There is state of alarm, how
ever unwarranted. on the part OF many
people lest they be unable to maintain
themselves in their present positions.
There Is an apparent fear of loss of
wages, loss Of profits and loss of place.
There is a discernible physical and ner-
yous exhaustion which leaves the coun-
try with little elasticity to adjust itself
to the strain of events.
A the standard of civilization rises
there is necessity for larger and
larger outlay to maintain the cost of
existence. AS the activities of Govern
ment increase. as 1t extends its field of
operations, the initial tax which 1t re-
auires becomes manifolded many times
when it is finally paid by the ultimate
consumer. When there is added to this
aggravated financial condition an in
creasing amount of regulation and police