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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Feb. 22, 1907)
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
