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JANUARY 5, 191J
The Commoner.
The State and Nation
From Mr. Bryan's speech at Peoria, 111., Sep
tember 9, J908; The success of our system of
government rests upon the careful observance
of the constitutional division of power between
the state and the nation. A number of expres
sions have been coined to describe the relations
existing between the federal government and
the several subdivisions, but no one has been
more felicitous in definitions than Jefferson or
more accurate in drawing lines of demarkation.
He presented the historic position of the demo
cratic party when he declared himself in favor
of "the support of the stajto governments in all
tlieir rights, as the most competent administra
tions for our domestic concerns and the surest
iw.??B aeainst anti-republican tendencies,"
and the preservation of the general government
in its whole constitutional vigor, as the sheet
anchor of our safety at home and peace abroad."
The democratic platform, adopted at Denver,
quotes the language of Jefferson and declares
that it expresses the party's position at this
time.
, It would be almost as difficult to maintain
a free, self-governing republic over a largo area
and with a largo population without stato
governments as it would be to maintain such
a republic without a general government. The
interests of the different parts of the country
are so varied, and the matters requiring legis
lative attention so numerous, that it would be
impossible to have all of the work done at the
national capitol. One has only to examine the
bills introduced in each congress, and then add
to the number the bills introduced at the legis
lative sessions of each of the forty-six states,
to realize that it would bo beyond the power
6f any body of men to legislate intelligently on
the multitude of questions that requiro con
sideration. Not only would national legislators lack the
time necessary for investigation, and therefore
lack the Information necessary to wise decision,
but the indifference of representatives in one
part of the country to local matters in other
parts of the country would invite the abuse of
power. Then, too, the seat of government
would be so far from the great majority of the
voters as to prevent that scrutiny of public con
duct which is essential to clean and honest
government. The union of the separate states
under a federal government offers the only plan
that can adapt itself to indefinite extension.
Our constitution' expressly reserves to the
states and to the people respectively all powers
not delegated to the federal government, and
only by respecting this division of powers can
we hope to keep the government within the
reach of the people and responsive to the will
of the people. Because in all disputes as to the
'relative spheres of the nation and the states the
final decision rests with the federal courts, the
tendency is naturally toward centralization, and
greater care is required to preserve the reserved
rights of the states than to maintain the author
ity of the general government.
In recent years another force has been exert
ing an increasing Influence in extending the
authority of the central government. I refer
to the great corporations. They prefer the
federal courts to the state courts, and employ
every possible device to drag litigants before
United States judges. They also prefer con
gressional regulation to state regulation, and
those Interested In large corporations have for
years been seeking federal incorporation. The
democratic party will resist every attempt to
bliterate stato lines, whether the attempt is
made through legislation or through judicial
interpretation. Amendment of the organic law
by judicial interpretation would be destructive
of constitutional government; our constitution
can be amended by the people in accordance
with the terms of the document itself, and no
group of men, however honorable or high
minded, can usurp this power without violating
the fundamental principles of our government.
It has been suggested that the rights of the
states can lapse through non-use, and that con
gress is justified in usurping the authority of
the state if the stato fails to make proper use
of it While this doctrine has been advanced
in the pretended interest of the people, it is as
insidious and as dangerous an assault as has
ever been made on our constitutional form or
government. The people of the state can act
with more promptness than the people of the
that the people of the state prefer inaction.
I no real purposo that those have In view who
complain of the inaction of the stato, Is not more
strict regulation of corporations, but tho relief
of corporations from stato regulation.
The democratic party favors tho full exercise
of the powers of the government for tho protec
tion of the rights of the people each govern
ment to, act within its constitutional sphere. Our
platform demands that federal legislation bo
added to, not substituted for, stato legislation.
The predatory corporations have taken ad
vantage of the dual character of our govern
ment and have tried to hide behind stato rights
when prosecuted in tho federal courts and be
hind the interstate commerce clause of tho
constitution when prosecuted In the state courts.
There Is no twilight zone between the nation
and the state in which tho exploiting intorests
can take refuge from both. There is no neutral
ground where, beyond tho jurisdiction of either
sovereignty, the plunderers of tho public can
find a safe retreat. As long as a corporation
confines its activities to tho state in which It
was created, it is subject to stato regulation
only; but as soon as It invades interstate com
merce it becomes amenable to federal laws as
well as to the laws of the stato which created it
and the laws of tho states in which it does
business.
How strict can these laws bo? Just as strict
as may bo necessary for tho protection of tho
public.
Our platform outlines tho regulation deemed
necessary, and the regulation is specifically sot
forth in order that our opponents may not bo
able to scare tho public by predicting hurtful
legislation. Our platform, unlike the republi
can platform, says what it means and means
only what it says.
A distinction is drawn between tho railroads
and other corporations. Tho railroad, being a
quasi-public corporation and, as such, being
permitted to exercise a part of tho sovereignty
of the state, is subject to regulation at tho hands
of both tho nation and the stato, but this regu
lation is intended, not to cripple the railroads,
but to Increase their efficiency. Tho people at
largo are as much interested as the stockholders
are in the successful operation of tho railroads.
Their own pecuniary interests as well as their
sonso of justice would restrain them from doing
anything that would impair tho road or reduce
its efficiency. Tho traveling public is vitally in
terested in tho payment of wages sufficient to
command tho most Intelligent service, for life
as well as property is in the hands of those who
operate the trains, guard the switches, and
keep the track in repair.
The democratic party would distinguish be
tween those railroad owners, directors and
managers who, recognizing their obligation to
the public, earn their salaries by conscientious
devotion to the work entrusted to them, and
those unscrupulous "Napoleon's of finance" who
use railroads as mere pawns in a great gambling
game without regard to the rights of employes
or to the interests of the patrons. It is in the
Interest of honest railroading and legitimate in
vestment that the democratic party seeks to
ascertain tho present vaue of tho railroad
properties and to prevent for tho future tho
watering of stock and the Issue of fictitious
capitalization; and It Is in the interest of both
the railroads and the public that It seeks only
such reductions in transportation rates as can
be made without wage reduction, without de
terioration in the service and without injustice
to legitimate investments. Tho democratic
party Insists that in the matter of regulation
of railroads both the stato governments and
the federal government shall act up to, and yet
within, their powers; for nothing else will re
store tho confidence and good will that ought
to exist between the railroads and the people.
In dealing with manufacturing and trading cor
porations the democratic party draws a distinc
tion between those corporations and they con
stitute the great majority of all tho manufac
turing and trading corporations which are
engaged in a legitimate effort to supply what
the consumers need, and tho very few corpora
tions which are seeking by conscienceless
methods to take advantage of the public on the
one hand, while on the other hand they bank
rupt competitors, oppress the producers of raw
materials and deal arbitrarily with their em
ployes. It endeavors to protect-the Innocent
corporations by visiting punishment upon those
corporations wh eh are guilty of infractions of
tho moral and tho otatuto law. Horo, too, our
platform is specific and no ono can uao lis lan-
frnanll frlBhtC" J"1 blMllIOBB man WhOBO
transactions aro fair and whoso incotno In
honostly earned.
No ono can contrast tho plain, straightfor
ward declarations of our party with tho vaguo
and ambiguous utterances of tho republican
loaders and tho republican candidate without
rocognizing that our appeal is to tho Judgment
and good sense of tho votors who doiiiro Justice
for themselves and insist upon Juatlco being
done by others. Our party, if entrusted with
Uio power, will remedy tho abuses which havo
grown up under republican rulo, and yet romody
those abuses with duo regard to constitutional
Imitations and without Injury to any legitimate
business Interest.
GOOD FACTORS"
In Its Isbuo of November lGth, tho Now York
Journal of Commerco and Commercial Bullotln
printed tho following:
"How swings tho scale? Do tho helpful fac
tors outweigh tho depressing onos? Aro the
chances in favor of a riso or a fall In stocks?
Ono house Warren W. Erwln & Co. which
has been writing all It3 advices In indigo now
concedo that thoro aro good factors (though
having a dark side) but tho bad ones aro more
impressive. Here, in parallel columns, aro tho
two lists: '
GOOD FACTORS
1. Cheap money.
2. Record cotton
crop.
3. Anti-trust law's
teeth pulled.
4. Railroad rates
restored.
.5. Improved foreign
situation.
G. Improved Btatlsfl
cal position of
copper.
7. Increaso in un
filled steel or
ders. 8. Decreaso In sur
plus cars.
9. Railroad gross
earnings well
maintained.
10. Increased equip
ment orders.
11. Improvement in
some industrial
lines.
12. Bond market
slightly Im
proved. 13. Small stores of
goods.
bad Factors
1. Poor crops.
2. High and rising
coat of living.
3. Groat dlacontont
and radicalism.
, 4. Probablo tariff re
ductions soon,
'5. P,robablo now anti
trust laws.
G. Possible abolition
of o o ra in o r c e
court.
7. Trust, etc., Inves
tigations.
8. -Many workers idle
9. Business stagnant
or slow.
10 Railroad net earn
ings declining.
11. Congested security
markets.
12. Weaijf public buy
ing power.
13. Inflated farm land
values. .
14. Very low profits In
trade.
"At this time in 1903 wo wero f importing and
in 1904 exporting gold. This season we are
unlikely to do either."
Notice, If you please, that among tho "good
factors" pointed out by this Now York organ
is the supreme court's decision in tho Oil and
Tobacco trust cases wherein, according to this
organ, the anti-trust law's teeth were pulled.
OVERWORKING THE ARISTIDES INCIDENT
Tho Memphis Commercial Appeal Is using the
caso of Aristides tho Just as an argument
against the initiative, referendum and recall.
Poor Aristides! Littlo did he know how often
he was going to bo used as an argument against
popular suffrage! Is it not strange that tho
thousands who have been sent into exile by
despots are forgotten, and only tho one victim
of a people's ostracism remembered? Wo have
not particulars enough to estimate with intelli
gence the weight that should bo given to this
one incident, but let us suppose that the people
were entirely at fault, and that thoro was no
excuse whatever for the ostracism of Aristides,
is there any reason why one mistake of the
masses should outweigh all the mistakes of the
.autocrats? Is It not a tribute to the peoplo that
so much attention should be paid to their on
error and so little attention paid to the Innumer
able errors of kings, emperors and aristocracies?
Does it not 'show that more Is expected of the
people than of rulers? Tho enemies of popular
government those who distrust the wisdom
and justice of tho common people are over
doing the few instances that they have been
able to find.
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