Chapter 3

We need to-day to draw the sharpest clear-cut line of demarcation between Federal and State powers. This is in no spirit of antagonism, but in the truest harmony for the best interests of both. It means an illumination which will show that the "twilight zone," so called, does not exist. This dark continent of legislation belongs absolutely to the States and to the people in the unmistakable terms of the Tenth Amendment: "The powers not delegated to the United States by the Constitution or prohibited by it to the States are reserved to the States, respectively, and to the people." This buffer territory of legislation, the domain of needed uniform laws, belongs to the States and through the House of Governors they may enter in and possess their own. The Federal Government and the States are parts of one great organization, each having its specific duties, powers, and responsibilities, and between them should be no conflict, no inharmony.

Let the Federal Government, through Congress, make laws up to the very maximum of its rights and duties 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 only unwise, but inconceivably foolish. Many States have purely individual problems that do not concern the other States and do not come in conflict with them, but even in these the Governors may gain an occasional incidental sidelight of illumination from the informal discussion in a conference that may make thinking clearer and action wiser. The spirit that should inspire the States is the fullest freedom in purely State problems and the largest unity in laws that affect important questions in Interstate relations.

While uniform law is an important element in the thought of the Conference it is far from being the only one. The frank, easy interchange of view, opinion, and experience brings the Governors closely together in the fine fellowship of a common purpose and a common ideal. They are broadened, stimulated, and inspired to a keener, clearer vision on a wider outlook. The most significant, vital, and inspiring phases of these conferences, those which really count for most, and are the strongest guaranties of the permanence and power of this movement, must, however, remain intangible. This fact was manifest in every moment of that first Conference last January.

The fading of sectional prejudice in the glow of sympathetic understanding was clearly evident. Some of the Western Governors in their speeches said that their people of the West had felt that they were isolated, misrepresented, misunderstood, and misjudged; but now these Governors could go back to their States and their people with messages of good will and tell them of the identity of interest, the communion of purpose, the kinship of common citizenship, and the closer knowledge that bound them more firmly to the East, to the South, and to the North. Other Governors spoke of the facilitating of official business between the States because of these meetings. They would no longer, in correspondence, write to a State Executive as a mere name without personality, but their letters would carry with them the memories of close contact and cordial association with those whom they had learned to know. There was no faintest tinge of State jealousies or rivalry. The Governors talked frankly, freely, earnestly of their States and for them, but it was ever with the honest pride of trusteeship, never the petty vanity of proprietorship.

Patriotism seemed to throw down the walls of political party and partizanship and in the three days' session the words Republican or Democrat were never once spoken. The Governors showed themselves an able body of men keenly alive to the importance of their work and with a firm grasp on the essential issues. The meeting added a new dignity to Statehood and furnished a new revelation of the power, prestige, and possibilities of the Governor's office. The atmosphere of the session was that of States' rights, but it was a new States' rights, a purified, finer, higher recognition by the States of their individual right and duty of self-government within their Constitutional limitations. It meant no lessening of interest in the Federal Government or of respect and honor of it. It was as a family of sons growing closer together, strengthened as individuals and working to solve those problems they have in common, and to make their own way rather than to depend in weakness on the father of the household to manage all their affairs and do their thinking for them. To him should be left the watchfulness of the family as a whole, not the dictation of their individual living.

President Taft had no part in the Conference, but in an address of welcome to the Governors at the White House showed his realization of the vital possibility of the meeting in these words:

"I regard this movement as of the utmost importance. The Federal Constitution has stood the test of more than one hundred years in supplying the powers that have been needed to make the central Government as strong as it ought to be, and with this movement toward uniform legislation and agreement between the States I do not see why the Constitution may not serve our purpose always."

AUGUSTUS E. WILLSON[1]

Governor of Kentucky

[Footnote 1: The following letters are reprinted by permission from a collection of such commentaries from _Cottier's Weekly_.]

President Roosevelt held two conferences of Governors, and as a member of a committee chosen to do so, I have invited the Governors of all of the States and Territories to meet at the White House in Washington, January 18th, 19th, and 20th.

The conference has no legal authority of any kind. At the previous conferences, the conservation subject was the one chiefly thought of, and it will be brought up in the next conference. The question of what the Governors will recommend on the income-tax constitutional amendment may come up. The matter of handling extradition papers is important. Uniform State laws on matters of universal interest, school laws, road laws, tax laws, commercial paper, warehouse receipts, bills of lading, etc.; the control of corporations, of which taxation is one branch, the action of the States in regard to water-powers within the States; marriage, divorce, wills, schools, roads, are all within the range of this conference, and the agreement of all of the Governors on some of these subjects, and by many of them on any, would be of useful influence.

The meeting has further interest and importance in being for two days in touch with the National Civic Federation, which will afford all of the Governors a chance to learn what that association of many of the most prominent men of this country is doing, and get the benefit of its discussions and the pleasure of being acquainted with many leaders of thought and action in the country, who will attend its sessions.

I am sure that I speak the sentiment of all of the Governors that they do not wish any legal power or any authority except that of the weight of their opinion as chosen State officers. They only wish the benefit of discussion of important subjects interesting to all of the States, and to establish kindly and mutually helpful relations between the Governors and the Governments of the States.

EBEN S. DRAPER

Governor of Massachusetts

I believe that a meeting of Governors may accomplish much good for every section of the country. They naturally can not legislate, nor should they attempt to. They can discuss and can learn many things which are now controlled by law in different States and which would be improvements to the laws of their own States; and they can recommend to the legislatures of their own States the enactment of laws which will bring about these improvements.

These Governors will be the forty-six [now forty-eight] representative units of the States of this great nation. By coming together they will be more than ever convinced that they are integral parts of one nation, and I believe their meeting will tend to remove all notions of sectionalism and will help the patriotism and solidarity of the country.

CHARLES S. DENEEN

Governor of Illinois

The conservation of natural resources often necessitates the cooperation of neighboring States. In such cases, the discussion of proposed conservation work by the representatives of the States concerned is of great importance. It brings to the consideration of these subjects the views and opinions of those most interested and best informed in regard to the questions involved.

The same is true in relation to many subjects of State legislation in which uniformity is desirable. This is especially the case with regard to industrial legislation. The great volume of domestic business is interstate, and the industrial legislation of one State frequently affects, and sometimes fixes, industrial conditions elsewhere. An example of the advantage of cooperation of States in the amendment and revision of laws affecting industry is seen in the agreement by the commissions recently appointed by New York, Wisconsin, and Minnesota to investigate the subjects of employers' liability and workmen's compensation to meet for the joint discussion of these matters. The General Assembly of Illinois is now convened in extraordinary session, and has under consideration the appointment of a similar commission in order that it may meet and cooperate with the commissions of the States named.

Along these and other similar lines it seems to me that the House of Governors will be of practical advantage in the beneficial influence it will exert in the promotion of joint action where that is necessary to secure desired ends.

FRANK W. BENSON Governor of Oregon

President Roosevelt rendered the American people a great service when he invited the Governors of the various States to a conference at the White House in 1908. The subject of conservation of our natural resources received such attention from the assembled Governors that the conservation movement has spread to all parts of the country, and has gained such headway that it will be of lasting benefit to our people. This one circumstance alone proves the wisdom of the conference of Governors, and it is my earnest hope that the organization be made permanent, with annual meetings at our national capital.

Such meetings can not help but have a broadening effect upon our State Executives, for, by interchanging ideas and by learning how the governments of other States are conducted, our Governors will gain experience which ought to prove of great benefit, not only to themselves, but to the commonwealths which they represent. Matters pertaining to interstate relations, taxation, education, conservation, irrigation, waterways, uniform legislation, and the management of State institutions are among the subjects that the conference of Governors will do well to discuss; and such discussions will prove of inestimable value, not only to the people of our different States, but to our country as a whole.

The West is in the front rank of all progressive movements and welcomes the conference of Governors as a step in the right direction.

ALBERT W. GILCHRIST

Governor of Florida

I can only estimate the significance and importance of this conference of Governors by my experience from such a conference in the past. It was my good fortune to be for a week last October on the steamer excursion down the Mississippi River. The Governors held daily conferences. Several elucidated the manner in which some particular governmental problems were solved in their respective States, all of which was more or less interesting. Of the several Federal matters discussed, it was specially interesting to me to hear the various Republican Governors discussing State rights, disputing the right of interference of the General Government on such lines. It "kinder" made me smile. In formal discussions of such matters in public, in Washington, it is probable that such expressions would not be made.

The result of this conference made me feel as if I knew the Governors and the people of the various States therein represented far better than I had before. Such discussions, with the attending personal intercourse, naturally tend to give those participating in them a broader nationality.

The House of Governors will convene; there will be many pleasant social functions and many pleasant associations will be formed. Some of the Governors will speak; all of them will resolute. They will behold evidences of the greatness of our common country and the evidence of the greatness of our public men, as displayed in the rollicking debates in the House, and the "knot on the log" discussions of the Senate. Everything will be as lovely as a Christmas tree. The House will then adjourn.

HERBERT S. HADLEY

Governor of Missouri

During recent years, the development of the National idea has carried with it a marked tendency on the part of the people to look to the National Government for the correction of all evils and abuses existing in commercial, industrial, and political affairs. The importance of the State Governments in the solution of such questions has been minimized, and, in some cases, entirely overlooked, although Congress has been behind, rather than in advance of, public sentiment upon many questions of national importance. The Congressmen are elected by the people of the different Congressional Districts, and regard their most important duty as looking after the interests of their respective districts. The United States Senators are elected by the legislatures of the several States, and do not feel that sense of responsibility to the people that is incident to an election by the people. The Governors of the various States are elected by all of the people of the State, and they are more directly "tribunes of the people" than any other officials, either in our National or State Governments. These officers will thus give a correct expression of the sentiment of the people of the States upon public questions.

While these expressions of opinion will naturally vary according to the sentiments and opinions of the people of the various States represented, yet, on the whole, they will represent more of progress and more of actual contact with present-day problems than could be secured from any similar number of public officials. And the addresses and discussions will also tend to mold the opinions of the people and have a marked influence not only upon State, but also upon National legislation.

UNION OF SOUTH AFRICA A.D. 1910

PROF. STEPHEN LEACOCK

Few historical events have been so impressive as the sudden and complete union of the South-African States. Seldom have men's minds progressed so rapidly, their life purposes changed so completely. In 1902 England, with the aid of her African colonists in Cape Colony and Natal, was ending a bitter war, almost of extermination, against the Dutch "Boers" of the Transvaal and the Orange Free State. In that year the ablest and most dreaded of England's enemies in Africa was the Dutch General, Louis Botha, leader of the fiercest and most irreconcilable Boers, who still waged a hopeless guerrilla warfare against all the might of the British Empire. As one English paper dramatically phrases it: "One used to see pictures of Botha in the illustrated papers in those days, a gaunt, bearded, formidable figure, with rifle and bandoliers--the most dangerous of our foes. To-day he is the chief servant of the King in the Federation, the loyal head of the Administration under the Crown, one of the half-dozen Prime Ministers of the Empire, the responsible representative and virtual ruler of all races, classes, and sects in South Africa, acclaimed by the men he led in the battle and the rout no less than by the men who faced him across the muzzles of the Mausers ten years ago. Was ever so strange a transformation, so swift an oblivion of old enmities and rancors, so rapid a growth of union and concord out of hatred and strife!"

Necessity has in a way compelled this harmony. The old issue of Boer independence being dead, new and equally vital issues confronted the South-Africans. The whites there are scarcely more than a million in number, and they dwell amid many times their number of savage blacks. They must unite or perish. Moreover, the folly and expense of maintaining four separate governments for so small a population were obvious. So was the need of uniform tariffs in a land where all sea-coast towns found their prosperity in forwarding supplies to the rich central mining regions of Kimberley and Johannesburg. Hence all earnest men of whatever previous opinion came to see the need of union. And when this union had been accomplished, Lord Gladstone, the British viceroy over South Africa, wisely selected as the fittest man for the land's first Prime Minister, General Botha. Botha has sought to unite all interests in the cabinet which he gathered around him.

The clear analysis of the new nation and its situation which follows is reproduced by permission from the _American Political Science Review_, and is from the pen of Professor Stephen Leacock, head of the department of Political Economy of McGill University in Montreal, Canada. A distinguished citizen of one great British federation may well be accepted as the ablest commentator on the foundation of another.

On May 31, 1910, the Union of South Africa became an accomplished fact. The four provinces of Cape Colony, Natal, the Orange Free State (which bears again its old-time name), and the Transvaal are henceforth joined, one might almost say amalgamated, under a single government. They will bear to the central government of the British Empire the same relation as the other self-governing colonies--Canada, Newfoundland, Australia, and New Zealand. The Empire will thus assume the appearance of a central nucleus with four outlying parts corresponding to geographical and racial divisions, and forming in all a ground-plan that seems to invite a renewal of the efforts of the Imperial Federationist. To the scientific student of government the Union of South Africa is chiefly of interest for the sharp contrast it offers to the federal structure of the American, Canadian, and other systems of similar historical ground. It represents a reversion from the idea of State rights, and balanced indestructible powers and an attempt at organic union by which the constituent parts are to be more and more merged in the consolidated political unit which they combine to form.

But the Union and its making are of great interest also for the general student of politics and history, concerned rather with the development of a nationality than with the niceties of constitutional law. From this point of view the Union comes as the close of a century of strife, as the aftermath of a great war, and indicates the consummation, for the first time in history, of what appears as a solid basis of harmony between the two races in South Africa. In one shape or other union has always been the goal of South-African aspiration. It was "Union" which the "prancing proconsuls" of an earlier time--the Freres, the Shepstones, and the Lanyons--tried to force upon the Dutch. A united Africa was at once the dream of a Rhodes and (perhaps) the ambition of a Kruger. It is necessary to appreciate the strength of this desire for union on the part of both races and the intense South-African patriotism in which it rests in order to understand how the different sections and races of a country so recently locked in the death-struggle of a three years' war could be brought so rapidly into harmonious concert.

The point is well illustrated by looking at the composition of the convention, which, in its sessions at Durban, Cape Town, and Bloemfontein, put together the present constitution. South Africa, from its troubled history, has proved itself a land of strong men. But it was reserved for the recent convention to bring together within the compass of a single council-room the surviving leaders of the period of conflict to work together for the making of a united state. In looking over the list of them and reflecting on the part that they played toward one another in the past, one realizes that we have here a grim irony of history. Among them is General Louis Botha, Prime Minister at the moment of the Transvaal, and now the first prime minister of South Africa. Botha, in the days of Generals Buller and the Dugela, was the hardest fighter of the Boer Republic. Beside him in the convention was Dr. Jameson, whom Botha wanted to hang after the raid in 1896. Another member is Sir George Farrar, who was sentenced to death for complicity in the raid, and still another, Sir Percy Fitzpatrick, once the secretary of the Reform League at Johannesburg and well known as the author of the "Transvaal from Within." One may mention in contrast General Jan Smuts, an ex-leader of the Boer forces, and since the war the organizing brain of the Het Volk party. There is also Mr. Merriman, a leader of the British party of opposition to the war in 1899 and since then a bitter enemy of Lord Milner and the new regime.