Ur-
f; I
f
I
f
I!
m
I'll
fir
i i
ifl
H
i.
m
i.w JFi
4
4
jiwol currency on Hip plou Hint wo noed more
... .....it- i .1.. il... I.u.liinuii nl Uin nnl1TT
inOIlPy Willi Wll'"!! lO UU mr i'n' " "'-
try, only hIiowk Hint Hip moiipy question i not
(IpikI unci Uini Menial vigilance Ih llin prlfo Uio
people imwt pay for relief from iinnnelul oppros-
The Commoner.
- ,'V-
morce. Wp demand Uio enlargement of Uic pow
on of the Inlerstiite commerce commission
mid such restriction ami guarantees in mo tuuu
nl' railroads as will protect Uio people lrom rob-
peoplo iniiKt pay
Hion.
HIOlli ' . . ..
The Chicago pin I form was not confined lo Uio
money question. 'I'ruo II spoke clearly and Willi
emphasis upon ilml (picslioii bill it brcallipd Hint
spirit in which ilic foundations of. Into government
wore laid and II gave uUcranco lo a patriotic pro
toMl agnlusl Uic cncroachnicnlH of organized
wealth nml the evils of eenfruli.ed government
il niKis ecuo in me
II congress iiihi me picsmein una uiu-un
Inkon Ihelr cue from the Chicago platform public
inlercsls would thereby have been advanced.
Whether the president in several of the good
tilings for which he has stood "found his cue"
in the Chicago platform II Is an undername laci
Hint ('Vi'vy reform movement in Avhich the presl-
ber.v and oppression."
The spirit of the Chicago platform breathed de
votion to I hose great essential principles of Justice
and liberty upon Avhich our institutions are
founded freedom of speech, freedom of the press,
freedom of conscience, the preservation of per
sonal rights equal rights to all and special privi
leges lo none.
oooo
THE TREATY POWER
Joseph II. Call, a well known lawyer of Los
Angeles, California, writes to The Commoner this
interesting and timely letter:
as to the treaty power to
in me uisciKs.sion
nullify the authority of tne states lo reguiaie ana
control their pimlie schools and exclude or segre
gate foreigners, it seems to me that in the consid
eration of this important question there are cer
tain fundamental principles which have been
m, ,V(,v reran,, movement in which the presi- smlZZSotiio United Slates is one of
dent has engaged and upon which he has won the in K eminent ol tne United Mates is one oi
Hiiso f l ne neoole is In line with suggestions enumerated powers. Each and every power
made In deinocnluc plamlniis lind u .onibjects Knintoil to the I nllcd States is enumerated in Uio
concerning wiiicli Mr. icoosoven s own pany piai-
lonn was siiem.
Let us take a look at the Chicago platform
and see how accurately Its protests registered
eleven years ago coincide with the protests now
being made by men of all parties.
In the very beginning of that platform em
phasis was laid upon the Importance, under our
form of government, of "(lie faithful observance
of constitutional limitations;" and today many who
looked lightly upon that warning given in 181H5 are
impressed with Its Importance.
Here is the second paragraph from the Chi
cago platform: "During all these years the demo
cratic party has resisted the tendency of .selfish
interests to the centralization of governmental
power, and steadfastly maintained the integrity
of the dual scheme of government established oy
the founders of thib republic of republics. Under
Its guldings and teachings the great principle of
local self-go eminent has found its best expres
sion In the maintenance of the rights of the s.Vnig
and In Us assertion of the necessity of c'f jj,'(
the general government lo the exerfj Unitoil
powers granted b the constituti(uo e0ast slates
States." The people of tho trifles in 1800 and
who rolled up iepubllcan,,s second paragraph of
who looked lightly upm are iu a position to ap
the democratic pl'
predate its v.Vi'ono has the power to coin and is-
"Congrsuirt u,t. Chicago platform, "ami Prosl
sue lufldsson declared that this power could not
Pntelogated to corporations or individuals;" and
those republicans who are protesting against asset
currency find their cue on this point in the Chi
cago platform where (heir own party platform is
silent.
In that platform a high protective tariff law
was called "a protlilc brooder Of trusts and mo
nopolies which enriches the few at the expense of
the many; restricts trade and deprives the pro
ducers ot the great American staples of access
to the r natural markets." And the republicans
who, hke I.aKoUolte and Cummins, are protestlnr
against the encroachments of corporations, as well
as republican advocates of reciprocity, appreciate
the correctness of that arraignment.
The Chicago platform declared that It is the
duty ot congress to use all of its eonstitution-ii
power "so thai the burdens of taxation ma y ho
equally and impartially laid to the end that weal I'i
may bear its due proportion of the expense of the
government." And the president elected as a Jo
publican is now on record in favor of an income
tax and an Inheritance tax. ""-onu
"The most ellU-ient way of protecting America a
labor Is to prohibit the Importation of forolgnmi
per labor to compote with it in the homo m r let
says the Chicago platform. The UKtl
are now protesting against that verv Ki i?
o i v ... , "" vtr w .t me cm.
.. v si , . uwl ,l l,m u cu. document
"Arbitration of differences between e imlover.
and employes" was one of the provTsio. s 0? n ,
Chicago platform: and wh!i n, .J. .. ... s 01 l,l
gross has not laken the Vue to ho o " onFof W
f.J.!TJ?. !!LViF from the Chicago uuk
v ;. ; " V. .u ..!nV 'Publican president v
1. . .. '
absorption of wealth by t r, Z 0VIH:11 M'e
i(i li 11 i trkli
LUllDLi I llliuil
liy article X of the amendments to the consti
tution, "The powers not delegated to the United
Stales by the constitution, nor prohibited by it
to Hie states, are reserved to the states respective
ly, or to the people."
It is plain from these provisions that the con
stitution of the United States not only guarantee
the powers granted to the United Slates but'i)1. "
ly those reserved to the states. A valid J'0lty l,
of course, a law of the United Styd' antl j4
change or amend any other exist'' .w vnetuer
made by Uio two houses of -nGrcss or in the
form of a treaty. , .. ,
Laws of the Unitef l ma' bG Psed
bepoinooirecUve1-1i,r?,?8:, , ,
FirciRv u"lJ"ty of Hie house and of the
qpnifo w- Ul ,PI)rol of the president.
hUlc'., By two-thirds of the house and sen
(i, 'Without the approval of the president.
' Third By two-thirds of the senate, and the
approval of the president, enacted in the form of
a treaty.
The legislative power is thus vested in the two
houses of congress and the president.
Congress is authorized by the constitution to
legislate with respect to various international af
fairs. The constitution delegates to congress the
power "to regulate commerce with foreign na
tions, and among the several states," "to establish
an uniform rule of naturalization," "to coin money
and regulate the value thereof and of foreb'u
coin," "to pay debts," "to declare war," "to de
fine and punish piracies and felonies committed
on the high seas and offenses against the law of
nations."
"Commerce" includes the buying and selling
and dealing in commodities, and business inter
course between people of different nations and of
different states.
These powers with respect to foreign affairs
are sweeping and plenary, and in those cases
where treaties have been upheld as over-ridin-state
authority, the power to execute them mav
be plainly referred to one of these delegated now
ers of congress over foreign affairs.
A treaty is nothing but a contract between na
tions and it would hardly be claimed that any cor
poration had Uio power to execute a contract
which was ultra vires. llllu
The United States by treaty may bind itldf
to perform, or may guarantee the performance of
any act which the United States, through ite ie
islattve department or branch may lawfullv .lk
under the constitution, but how Sin it be sa id
that whore the legislative branch of the govern?
inent (which includes the house and senate ana
the president) u part of this legislative Throne,
composed of the senate and Uio mSl i cU'
may have the power to do tha : wh ch , i, , alono'
not permitted to do under ion t 0n G
The greater comprehends the losV n,. l
words, the whole includes each pan ' ln ot,l0r
-nIlli1?0I,B Yuo Ting vs' Unltert Spates, 140 n m
20, the supreme court of the Unltof i uo '
the following significant language w th SectT
the scope of the treaty power: aspect to
"By the constitution, laws'nimin t ..
thereof and treaties made nder S?o I Z!T"CG
the United States are both dedaret tS i.S ty of
lirenio law of the land, and ioni ,",!. ? tho su'
ity is given to one ovcVthVoth
true, is in its nature a coiVact ho(tnl0Uty' il is
and is often merely promiSorv li f1, nations'
requiring legislation to carry t8 sti, ,iJ mrac,tw.
effect. Such legislation w 11 bo oiw u to t T lnt0
peal or amendment. If the treat? nU?,?ltlV' re"
own force, and relates to n LVn,! P?Intoa h its
power of ifinK
tieular only the equivalent of r&telXo rS
be repealed or modified at tho pleasure of con
gross. In cither case, the last expression of tho
sovereign will must control. So far as a troatv
made by the United States with any foreign na
tion can become the subject of judicial cognizance
in the courts of this country, it is subject to such
acts as congress may pass for its enforcement,
modification or repeal. 130 U. S. GOO."
If the treaty-making power is not delermini
by these princ'ples, it will have no limitations
and tho president and senate may go on and hi
tho form of treaties legislate upon every subject
not comprehended in the powers delegated to con
gress by the constitution.
The maintenance of such a principle would
obliterate tho states and their reserved powers,
suspend Uie powers of the -house of representa
tives, and subordinate to the treaty power tho
whole constitution.
It seems to me to logically follow that the
treaty-making power Is limited in its scope to
the execution of those powers granted by tho con
stitution to congress; that the regulation and con
trol of local and state schools is not one of tho
powers granted to congress and that a treaty giv
ing tho right to certain foreigners to "travel" and
to "reside" in the Uuited States equal to those .f
the "most favored nation has always been and
must necessarily be. construed as limited to those
objects which th united States under the con
stitution has e power to deal with.
JOSEPH H. CALL.
oooo
OBSERVATIONS
A trust is a monopoly of monopolies by raonoiv
olists.
"Stand pat" neck deep in "muck?"
Tho only "stand pat" the people should tolerate
is a determination to clean house and do it well.
By the way, after the proof of all the "graft"
and stealing from the "Big 3" insurance com
panies in New York, who has been punished? Has
any of the stolejj. money been recovered? They
know who took the money, why not make them
pay it back or convict them? (This is where Hie
people are beginning to laugb.)
Public servants are in a way, situated as Eliz
abeth said of princes, upon a raised platform, so
that the least blemish is seen. .And so it should
be; for they are but servants and" their masters,
the people or, as the New York Sun' sneeringly
prints it, "Pee-pul" are entitled to see''the .spots
of blemish. And by keeping their eyes upon theii
servants and looking for blemishes la their conduct
the people are well served. Long terms or tenures
in ofhee tend to carelessness, but that, in turn, dis
covers roguery. Publicity is an absolutely neces
sary essential to prevent a wronging of the people,
and Uiey should ever insist upon it in all things
concerning their affairs; and turn out of office
tho person or party that hides anything from the
people that it is to their possible benefit or ad
vantage to know.
Lately I have been reading some democratic
and republican speeches, that were either made
in the house of representatives, or started there,
and finished in the "leave to print" why is it not
"leaves to print?"
And my heart is not as glad as it is wont to
bo nor my mind as free from sorrow as it usually
Is, the reason being that, laying aside my Plii
tarcn, I waded .nto this congressmen' play -ground
ol oratory and compelled myself to read quite a
number of speeches. The introductory remarks
of those who would be thought brilliant, consisted
of a rhetorical stage-setting with as much, if not
more, detail than was evinced ih the arguments
Sf f0"T2' But wad0(1- Al1 I wondered
what effect the so-called arguments' had upon the
partisans of Uic house, and I felt morally certain
that the plain and ornamented people of the coun
try would nay as little heed to the arguments as
was paid them bythe party men who constitute
tne house.
Away back yonder, when our congress con
tained more great men than at present, and during
JJUiSr? w81,?1 ?f thG S(mat0' Sonat01' m-
bi J at -toteHectual giant, was hammering
2ui,,STt01 lVtllava os taking notes; rapidly
and full, I mean the notes. Ho sent a page to
lhurinan was asleep on a coucli and snoring as
loud as narvey Whitehille of Silver 01?? New
lvard vhn reP0l,ted mP"Rbm toSenS
SK i,i m c "ce sent back a senate officer,
telling him to say to Senator Thurmairthat Sena-
ocraand1 ? iT1'1 broadsides tatotho dem-
nosb io nf th ?? 110t CO,mo and answec Wm tue
position of the party was lost.
The glorious old Ohioan was still-nono, not
i
. M 'i
'a!1 i
""--
ITTr-J-CQ
"Vjv- jit
jr