The American issue. [volume] (Westerville, Ohio) 1912-19??, 1923-06-29

rcement:
progress thus far and confidence in an
assured future
Our problems are the problems of
a relatively new country and OF a new
form OF political organization i'll
time OF social hux. We shall not sue
seed II we attempt TO solve them all
at once, but no more shall we succeed
il we assume TO ignore their existence,
to shut our eyes to the fact that they
are before us. The very basis OF our
political establishment is the idea Of
a dual sovereignty OF the states of tho
nation the idea OF concurrent author
ity and concurrent responsibility.
That Is so elemental in our system
that to do away with it would amount
TO demolishing our whole scheme Of
government.
Certain functions and responsibili-
ties have been imposed upon tho ma
tional government. while others have
been reserved to the states. Between
these two authorities there will always
be unayoidably something like twi-
light zone. Personally. | have never
liked that phrase. | have regarded il
as a peculiarly unfortunate and mis-
leading description. The intermediate
zone which receives light from two
sovereign luminaries ought TO be the
best, not the worst, illumined region
II believe it can be made exactly that
If we will but realize the necessity for
real cooperation between national and
state authority, ii we will only develop
effective means for. the exercise therein
of concurrent jurisdiction.
Problem Not New in Judicial History
The problem of concurrent juris-
diction is not a new one brought 20
us with the Eighteenth Amendments
1t is as old as the federal govern
ment. 1t has required to be dealt with
by Congress and legislatures. by cx-
ecutives and by courts. in multitude
OF relations to commerce. finance,
transportation, and indeed the whole
realm of concerns in our complex So
ciety. 1t has demanded our attention
in all the multitude of issues ranging
from the regulation OF trusts and
transportation, and even OF certain
relations with foreign governments. to
the proposal for uniform statute of
marriage and divorce.
There have always been those who
insisted that particular policies could
not be carried out because of the con-
flict OF jurisdiction; but experience
has proved that whenever given is
sue became so acute that evasion was
impossible, procedures have been de-
viscd for dealing with it, Whoever
will go back to the debates over the
enactment OF the antitrust law, or ,he
discussions OF the interstate commerce
measures, must recognize that these
were but varying phases of the same
general question that comes before
us i'll connection with the enforcement
of the prohibition law.
"A good deal OF useful accomplish
ment toward uniformity and clarihca-
ton OF state and national laws has
been effected through the efforts OF
the American Bar Association. This,
OF course, has been an unofficial eff
fort-a labor OF love and patriotism.
conducted by men especially qualified
for its direction. 1t has seemed pos
sible that something rather more
formal and official might be evolved
from these beginnings, which should
help in perfecting the coordination.
President Roosevelt recognized this
possibility when he called a. council
of governors to consider problems de-
manding harmonious and uniform
/ treatment Under the present ad-
ministration similar course has been
adopted in bringing together the state
executives for consideration of
methods to give full force and effect
to the concurrent authority Of states
and nation under the Eighteenth
Amendment.
Sees Germ of New Idea in Conference
Investigation
1--WE have dealt upon the same gen
eral principle in fixing program for
the utilization of the waters Of the
Colorado River Indeed, I have
thought these conferences contained
the germ of an idea which may some