es under the Constitution; let the
States, taking up their neglected duties and privileges, relieve the
Government of those cares and responsibilities forced upon it by the
inactivity of the States and which it should never have had to assume.
With the burden thus equitably readjusted, with the dignity of the two
powers of Government working out their individual problems in the
harmony of a fuller understanding, let us face the results. If it then
seem, in the light of changed conditions from those of the time of the
writing of the Constitution, that certain control now held by the
States can not properly be exercised by them, that in final decision of
the best wisdom of the people this power should be vested in the
Federal Government, let the States not churlishly hold on to the casket
of a dead right, but surrender the living body of a responsibility and
a duty to the power best able to be its guardian. There are few, if
any, of their neglected powers of legislation that the States and the
people acting in cooperation, through the House of Governors, will not
be able to handle.
Some of the subjects upon which free discussion tending toward uniform
laws seems desirable are: marriage and divorce, rights of married
women, corporations and trusts, insurance, child labor, capital
punishment, direct primaries, convict labor and labor in general,
prison reforms, automobile regulations, contracts, banking,
conveyancing, inheritance tax, income tax, mortgages, initiative,
referendum and recall, election reforms, tax adjustment, and similar
topics. In great questions, like Conservation, the Federal Government
has distinct problems it must carry out alone; there are some problems
that must be solved by the States alone, some that may require to be
worked out in cooperation. But the greatest part of the needed
conservation is that which belongs to the States, and which they can
manage better, more thoroughly, more judiciously, with stronger appeal
to State pride, upbuilding, and prosperity, with less conflict and
clearer recognition of local needs and conditions and harmony with them
than can the Federal Government. Four-fifths of the timber standing in
the country to-day is owned, not by the States or the Government, but
by private interests.
The House of Governors will not seek uniformity merely for the sake of
uniformity. There are many questions whereon uniform laws would be
unnecessary, and others where it would be not o
|