Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
As the Interstate Commerce Commission declared in 1903, "One of the
chief embarrassments in the exercise of adequate government control over
the organization, the construction, and the administration of railways
in the United States is found in the many sources of statutory
authority recognized by our form of government. The Federal Constitution
provides for uniformity in statutory control, so far as interstate
commerce is concerned, but it does not touch commerce within the states,
nor, as at present interpreted, does it cover the organization of
railroad corporations or the construction of railroad properties. These
matters, as well as the larger part of that class of activities included
under the police jurisdiction, are left to the states. Such being the
case, the development of an harmonious and uniform railroad system must
be attained, if at all, by one of two methods. The states must
relinquish to the Federal government their reserved rights over internal
commerce, or having first agreed upon fundamental principles, they must,
through comity and convention, work out an harmonious system of
statutory regulation."
* * * * *
This was the situation that called forth the demand for the national
regulation of large corporate enterprises, and brought about the demand
for a strengthening of the Federal government, either by a
constitutional amendment or judicial interpretation, which received the
name of "New Nationalism." Wide currency was given to this term by Mr.
Roosevelt, in his speech delivered at Ossawatomie on August 31, 1910.
After outlining a legislative policy which he deemed to be demanded by
the changed economic conditions of our time, Mr. Roosevelt attacked the
idea of "a neutral zone between the national and state legislatures,"
guarded only by the Federal judiciary; and pleaded for the
strengthening of the Federal government so as to make it competent for
every national purpose.
"There must remain no neutral ground," he said, "to serve as a refuge
for lawbreakers, and especially for lawbreakers of great wealth, who can
hire the vulpine legal cunning which will teach them how to avoid both
jurisdictions. It is a misfortune when the national legislature fails to
do its duty in providing a national remedy so that the only national
activity is the purely negative activity of the judiciary in forbidding
the state to exercise the power in the premises.
Public-domain text, read in full here on John Shaqi.
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