Evening star., 1932-08-30
NEW BOOKS
AT RANDOM
I. C. N.
CONGRESS AS SANTA CLAUS. By
Charles Warren, author Of The Su-
preme Court In the United States, "
etc. Charlottesville, Va: The Mi
chic Co

Charles Warren, author Of The Su-
preme Court In the United States. +"
etc. Charlottesville, Va: The Mi
chic Co.
Centralized authority was no new
thing when this Nation took its first
step, as such, under the Constitution
| Of the United States.
| That form of authority had been the
! instrument Of king and autocrat the
| world over since the first triumphant
warrior imposed his will upon a con-
quered people. Such was the source of
| tyranny from which the Pilgrims fed,
seeking in the New World freedom Of
conscience and action. Freedom, in
purpose and fact, therefore, became the
| founding stone Of the new experiment
in government.
AS communities Of settlers became
colonies the one cherished, the one
jealousy guarded right Of these COM
munities, was independence, freedom
from outside interference, an exclusive
right to attend to their own affairs.
For common safety, however, for
practical unity of action among them
at certain points Of general need, there
grew an imperative need for the single
| focal point of outlook and procedure.
| What to do? How to avoid the evils Of
the old superimposed rule while foster
| ing the benefits Of the new independ-
ence?
And out Of the travail Of desperately
determined men to hold fast to that for
which they had set out in danger and
hardship the great discovery was made.
The discovery of a feasible partnership
between local self-government and a
central authority. That partnership Is,
today, the basic principle upon which
this great Commonwealth stands. The
three departments Of government were
divided, in large measure, to safeguard
it. Political parties have been formed
upon this dual idea Of democracy. The
names of these parties have changed.
their superficial attitudes have shifted,
but, at bottom, there has been no
change. The people, according to
|, temperament, tradition, locality, family
strain-now and then according to rea-
soned conviction applied to political
theory-have chosen this side or that.
Today these two sides are named the
Democratic and Republican parties.
In the early days, those Of aristocratic
line and fortune favored the Federal
side of the new program. Our own
Washington did. Hamilton, too, and
many another who distrusted the ca
pacity of the demos for responsibility
and power.
The fierce advocates Of personal free
dom and independence, looking in deep
authority, on the other hand, held
graspingly to local control. With these
ranged certain political theorists con-
cerned nightly over the rights OF
man" jefferson among them, the
great Democrat" as he Is to this day
named. Yet Jefferson was q slave
holder.
However, in the century and half
of national existence those hard-learned
lessons of political theory have passed
to the routine Of political practice.
Under pressure Of varying circum-
stance clean-cut party divisions have
here and there shown q tendency to
melt, to merge. Save only for the
quadrennial release of POLITICAL oratory
at the hustings There they remain
whole and challenging. In intervening
years, however, their major differences
have often become minor ones. Espe-
cially has this been true since the en-
trance of a new and dominating ele-
ment upon the national life. Politics
is being supplanted by economics. This
| ID AOW0odyo JAAC OIL passing SOAOCiA Va
the individual. the commonwealth, the
world.
This new element coupled with its
own climax Of depression has taxed the
powers Of government to the full ex-
tent Of its craftsmanship and good in
tent, It has a striking and significant
effect upon the national legislature. It
has buried political theories. 1t has
broken party lines. It has played havoc
with the notion of local self -suficiency,
the very bulwark Of one Of the domi-
nant parties. The money chest Of the
Nation Is being invoked, clamorously, to
succor hungry hamlets from coast to
coast, to relieve every sort Of craft from
soldering to sewing all the way from
Canada to the Caribbean. Democrat
vieS with Republican in demands upon
the national Treasury to meet thou
sand cases Of individual distress. One
single phase of the Constitution is over
worked, maybe to the death of that
noble document, the American Magma
Charta. Fable and adage point upon
such q possibility Give an inch, an ell
Is demanded. The camel's nose-you
remember. Pigs in the trough-and so
on, without end.
Here Is q little book. It's theme Is
that phrase of the Constitution that is
just now on the strain Of q new inter-
probation, new sequence of effect and
action. ITO promote the general well
fare" There it is. BY way of it Mr..
Charles Warren makes historic survey
Of the Constitution in action, from its
first day OF service up to its current
hectic and multifsrious performances.
Once Assistant Attorney General Of
the United States, now an author of
authority upon both the Constitution
and the Supreme Court Of the United
States and lecturer at present upon
these and kindred themes at one or
another Of the educational foundations
of the country, Mr.. Warren Is of q
most satisfying scholastic and intel
lectual equipment for such work. But
he Is even better than all this implies
His knowledge has sunk down into
him. It has become a part of his sys-
tenn, circulating with his blood into his
spirit and temperament. So, when he
talks with us in this book about that
general welfare" idea of the Consti-
tuition that, in these latter days, has
turned Congress into an American Santa
Claus, he talks with vigor, in his hands
specimens Of evidence to show when
and how and by whom there began
the flrst 1ns1dious damage to the up
standing American by giving him pap
that he should have earned, would have
earned but for Santa Claus.
The growing story is q fascinating
one. 1t tells Of the proper function of
the Federal Government in the build
ing OF roads and canals, means of
trade transportation required for the
opening up Of the country and used by
all as a medium of expansion. Ad-
vancing, he applies the same power
and right to the opening up of public
lands, railroad franchises and the like.
Public needs and uses met by the gen.
eral' Government. Then disaster be-
fell. Flood. Local, to be sure, but
an "act Of God" that it might be well
to meet by stretching the legitimate
meaning Of general welfare" And SO
the camels nose began to include the
neck, the long neck, Of that expansive
beast.
The deepest interest in this dis