New Britain Herald Newspaper, March 27, 1930, Page 4

1 Constitution Is Living Organism Susceptible to Adaptation, Beck Says In Address at Philadelphia| Former Solicitor - Genelal Believes It and Declara- | tion of Independcnce Should Be Regarded as Noble But Intermedlate Chapters History. in American Philadelph March constitution a written t is a living of adapt: finite growth pends on its correspondence the n and spiritual dencies of Ameri This statement night b Pennsylvania, former eral of ths Un meeting of the American Philos phical soclety, the oldest 1 society in America, which met its 141-year-old hall. Rep. Beck delt with conceptions of the spoke in part as foll “It seems to me t have a larger and nobler tion of the Constitution garded the Declaratio pendence and the forr the Constitution as very nevertheless, in the great epic Commonwealth. If terminate tomorrow t maining tie, which binds it land, its care:r as a r not then begin. It truth, a nation from the fir: lish settlem and simi American Commonwealth h a natlon from the time that Virginia advenwurers created first-born of the Mother T ment, the Virginia Legis lmm' Jumestown. Constjtution Living Organism “The Constitution is something more than a written and definitiv centract. It is a living mgam«w susceptible of adaptation and, fore, of infinite growth, vitality depends upon respondence with the and spiritual tenden: of th American people. This illus tratcs afresh the immortal truth of Arigtotle, that vhich does not thus correspond to the ‘cthos’ of the people will ne esearily perish. While the judici conscience of the American peopl the supreme court, in t true spir- it of sacerdotalism. affirms thot the constitution today meaps ox- actly what its frar meant, y no one can read its interpretations oi the constitution, contained fa two hundred and cighty volumes of the supreme court reports, without * Leing profoundly convinced tha with extraordinary ability, t have developed and adapted the constitution, al convention in the restrictal scnse, to the changing needs of th mest progressive mation raost changing period of th history. Thus, it cannot b 1y contended that one of the of the federal powers, the regulation of cominerc today what the framer. v-hen they vested this powe federal government. To t divigion of governnici en inter: trastate commieres narily simple, whil application to a co sether by the raiblro: telephone, telegraph has required i that has made government, sphere, compl tliis res the Cc rize their har Censtitution A “The profound impact chanical civilization vpon our ten form of government preciated by th chiet justices, Joh he said, in one the k (McCulloch definitive contra .t organism, eptibl . of susc: with t the the wa. ed States, at & to tion wourd 1 in the been the \ ro- ‘1 its cov- necessities seriou:- 1l pow commerce nd the al our dual s “‘This provision ) constitution intended to cr From Which Ad Would You Prefer to Buy % The Ordinary Used Car 1929 Buick Sedan, small mile- age, good paint, good tires, guaranteed. I'rice reasonable for immediate sale. Ad “Price Reasonable” — How Reasonable? ““(iood Paint” —How Good? “Guaranteed” —What Guarantee? *Small| Mileage”—How Small? Capitol Buick Writes An Ad! 1 Door 11,000 9 Buick driven only cellently fini with black lllln Goodyear tires and tire 30 day warrantee. Reduced $100 for immediate sale, Capitol 13 07 I Sedan, miles, ex- cover, 0., 1139 Stanley St., Tel Open Every Lvening. Cavitol Buick Read Our Ads in the (Classified Section Heading No. 9 1139 STANLEY STk Telephone 2607 2 1 EE x solicitor-gen- | | constitution | as a quasi-constitution- | NEW BRITAIN DAILY HERALD, greed for power, which grows by what its feeds upon. Some of us believe that the constitution can- not survive if the planetary tem of the states be wholly absorb- {ed in the central sun of the feder- al government. Our nation is too | vast in area and our people too nu- merous to be governed altogether from Washington and yet its seems impossible to combat the ‘tendency towards centralization when this ‘ethos' of the people, of which Aristotle spoke, demands it. The cverlasting difference between the merican people, when they fram- ed the constitution, and the Amer- ican people today is this: our for- Dears thoughts in terms of abst poliical rights, but we today think in terms of concrete cconomics. Moreover, the gospel of the Ames- | ican people today is efficiency und to secure such efficiency the pparently willing to sacrifice any principle that makes for the great- cr consideration of security. “We can measurc this in the tempt of the people for cons: and their confidence in the cxe tive, whoever he may temporarily ®c. In nearly cvery controversy organisia | tween the executive and the con- or perish in | gress, the people sympathize with | the executive, for they can visua ize a single individual and make a legend of him, but the multi-headd Congress makes no appeal to their imagination. They share the relief of the President when heno longer has ‘Congress on his hands,’ to us: the popular expression. “This, in itself, is an amazing change in the ethos of the people, for our constitution was formcl when the traditions of the greut Lnglish Revolution of 1688 was still deminant in men’s thoughts. Th tlie people were jealous of cxecutive power and established in England the supremacy of parliament. To- day many Americans subconscious 1y believe that the United State would be better off if the president were made a committee of one for the union. That this is their ethos is shown by the fact that, in our in- dustrial development, all govera- ment of corporations tends to con- centrate power and, therefore, re- sponsibility, in one man, and we cannot think in terms of one-man powér in industrial development without a reflex effect upon our conception of that larger corp: ation, which we call our goverl ment. “I confess T cannot sec the way to combat this changed conscious- nees of the American people, which is o largely due to mechanic:l fo which no written constitu- tion an overcome. Faith Deadens Consciousness “Indeed, our very dependence upon a written constitution anl | ages to come, and, consequently, to be adapted to the various cris | human affairs: 1 qiote this, lost 1 be accused of Nheresy in my sugges- \\mnl Constitution is, bu interpretation, po ind unwritten politi necessarily subje iaptation to make it | necessities of the most | nation in the world he thought of an ever changing titution i3 not, in all respects, forting one, for, if it be a liv- | nd have within it for developmen! like all living o7« lso has within it h. Such a concep- he constitution challeng:sA h cach living genera- to the great que s living dom, 44] erve the ging poteney wth it | | th { | thou tion of Ameri rether ow in wi | of “We separ from the mother ipal that di- be imposed the cons the representa- es of the people. To confirm this eption of liberty, the framers | of the Constitution not only ex- <ly provided that Congress, and ot the Executive, should impose that all revenue bilis iginate in the House of Rep- s the more body of House of Represen tives recently passed a law, gave an almost unlimited diseretion [ to the President, with aid of ths| Tariff Commission, to raise or low- r any duty to the extent of fifty per cen of the statutory a'c. What this mean in concr ery cent per pound that d upon the imporiation of ns 2 burden to the Amer- | ican peopie of approximately o Fundred million dollar: Suppos: [ the tax, as passed by the Congres | is three cents per pound. If th: fn xibile tariff provision, as passed { by the hou: shall pre il at this scssion, the president can make (he duty either four and a If cents, one and half cen differ- c of three cents a pound, and, cither & diminution ot | cony resentat present ind yet ative the | do e | en ther efore, tax burden of one hundred and iillion dollars, or an imposi- a like burden upon the con- d yet, when this provision was under consideration by the | house. only a few of us could sce| | that it involved, for better or worse, | OUr mistaken belief in its static na- {an ahandonment of a time-honorea | ture and its self-exccuting powers ,n,uvw of English liberty, and a!has ended to deaden the politicul le violation of constity- | conciou of the Amerfcan peo- | i | tion of sume the e | convention, THURSDAY, MARCH 27, 1930. zo from the motion men give them and, as governments are made and moved by men, 50 by men they are ruined, too. Therefore, governments rather depend upon men than men upon governments.' work of the supreme court and I realize that its conservative course i5 the only one it could pursue if it retain its prestige, but when T tell you that less than fifty feder- al statutes have been declared in- valid by that court in the history of the government and that thou sands of laws have Leen passed congress for which no possible war- rant can be found in the constitu- tion, you will appreciate that the court cannot in all instances ade- quately defend the constitution. Constitution Deteriorating “The conclusion is that the stitution, as a living organism, process of deterioration, and not of growth. To change the metaphor, it is much as the New Jersey beach at my summer home, and I here venture to quote what T said in tI t in my book, “The Vanishing of the State encroaching waves ¢ ebo and flow. At high tide there is less beach and at low tide more. At times the beach is devoured by the ocean. when a tempest has lashed it into tury, and then the waters will become as placid as a mountain lake, and the shore will seem to have triumphed in this age-old struggle be- tween land and water. ‘The owner of the upland is often deceived Dby the belief that the fluctuations of the battle generally leave the shore line intact, but when.he con- siders the results of vears, and not of months, he will reali that the shore has gradually lost in the struggle and that slowly, but steadily, the ocean is eating into the land.’ “If we of today, engrossed as v. are in the complexity of this mod- | ern-day world, fail to sec how e sariarl upland of the constitution ‘is beinz 'was revealed to leave the hea slowly destroved by the crosion of | the waves of innovation, yet the|mal limits when the so-c men who framed the —constitution | covering” is in place. Pad no illusions as to ils perpetu- | ity. Thus, the founder of this so- | ciety, after t constitution was | lar control are not sufficient to pre- adoped, said, with his usual genjal |vent injury to the heart when it humo i SCIENTISTS NEET 70 DISCUSS WOR 'First Report Deals With Sack Govering of Heart Chicago, March 27 (UP)—Scien- tists whose discoveries have brought {to light the value of insulin, vita- | mins and the importance and mar- vels of various glands, gatheréd at the University of Chicago toda report the results of their rese; worlk. About 600 of the nation’s leadin | physiologists, biochemists, pharma cologists and pathologists were pres- lent for the sessions of the Federa- ation of American societies for ex- perimental biology. When the first day's session start- cd, 72 of the experimenters were [labors in 10-minute reports. Mors | than 350 papers will be read. Outstanding among the first re- ports was a statement by E. J. Van | Liere and G of the | | physiology department of West Vir. {zinia university, showing tt | pericardium, an inelastic [rounding the heart and long a puz e to physiologists, acts a3 a brake for that organ alled “brake st time that nervous and nuscu- subjected to excessive exertion of action, and that a “brake” | required to prevent exeessive dila- | tion under strain. | Cotton bpens Ste;(;)' at Our Constitution is in tual operation: cverything pears to promisc it will but in this world nothing certain but death and taxes.’ “Indeed, on the last day of the | when the aged Irank- | lin some say, with tears in m:‘ New York, eves—implored the reluctant dei:- | opened steady today at gates to sign the great compact, |of 10 points to a de which was to immortalize them all, | On @ continuation of the near and won their consent by his skill- | covering movement. May cont ful and ingratiating specch, le[sold up to 15.95 on the made this prediction | mand, or 15 poir ““There is no form of crnment but what may be a blessing to the people if well administered for a course of and can only end in despotism, as othef foms have done before it, when the people act- ap- la nerve March 27 (®—Cottor an advancc gov- vears, TJAKING A4 {ple. They mistakenly believe that, | { these | In some way, the constitution wi'l | results | $ave itself and they have the wholly mechanical | illusory idea that, it Congress pas: | unconstitutional laws, the Supreni | Court will, in some way, invalidate | them and that, therefore, the puo- | ple need have no concern aborl | uch iny ons of the constitution. The idea that the supreme las unrestricted and plenary to disregard and invalida censtitutional statute is the illusion. In he first pl preme court can invalida unless it s involved in a sc and often no such c ever In the second place, the su- me court, necessarily influenced by the spirit of democr ustain any doubtful statute unless i flict with the constitution be and almost indisputable. : “Moreover, there are multi- [ which involve questions of for | discrction, which can before the suprenie court, cause their invalidity motive of the canse they involve { tions of political discretion, upon which the court is not competent |to act. 1 donot minimize the great ;nm 1955 iate that many o | cha | ot the ffeew: viliz | ewvili | more for example comprehensive question which once ated the American people, that of centralization. Wh | the constitution was adopted, th ) 1 conscious- reignty whis tion of national slow growth. All 1 in our lifetime as : mechanical — civ against cent passed awa longer paid by ir ation. 1 Ve own s power | an great the no concrete unity thi L su- of old It W cithes (7 unio: of ind little more corni- cleur is now i a rhetorical phra political partic with the union b oi the g when pow consolidat in her 1 many laws, politic.l never come cither be- dependss upun legislators, or be- profound ques- no truc the can e | covstitution 1 for Power this ti in s Due to Gred extent that ononiic f ven if not in pa | the is. SPRING DAYS are new-life days Now that the body is bounding into new life after the shut-in-days of winter—don’t load it down with heavy, indigestible foods. Shredded Wheat is the energy-food that supplies the vital food elements of the whole wheat grain in a digestible form — vitamins, mineral salts and proteins. Eat it with milk for breakfast and see how it carries you through the fore- noon without fatigue. WITH ALL THE BRAN OF THE WHOLE WHEAT | no longer, as there J'POOI"FUL.; hras fSCOTTS~. EMULSIONSI Jl’/ % of Cod-LiverOil ||| ATALL DRUOGIS)II ZRTIRRNNY/ shall become so corrupted as to need despotic government, be- ing incapable of an other “The everlasting truth that constitution would last as long, was ar irit oi constitutional morality in th hearts of the people were even bet- expressed by the great (ovmd'r\ Pennsylvania, when he said: * | ““Governments, ke clocks, | e and o \¢ to | ch | | ready to reveal the outcome of their cline of 3 points into new high ground. July was also quite active, advancing to 15.90 or 2 points net higher but later deliv- eries were relatively quiet and there was further selling of new crop po- sitions by buyers of the spring and summer months. No particular news factor was em- phasized in connection with the fluctuations which were again at- tributed to various technical read- justments incident to the cvening up of May commitments. Liverpool cables were better than due on the new crop but failed to meet yesterday's local advance on old crop positions. FIRST GUNBOAT LAUNCHED Glasgow, Scotland, March 27 (P— The first of thrce shallow draft gun boats built for the Colombian gov- ernment has been launched. The \'EFSL:‘, 137 feet long and of 100 tons | of the pericardium | sub- | ject to dilation far beyond its nor- his experiment indicated for the There are twelve fashion combination of Lizard and Black or Mouse Kid. were made especi displacement, will be fitted with twin screw internal combustion ea- gines developing 600 horsepower. Laborer Finds Jug of $20 Gold Pieces in House Marshall, Mich.,, March 2 (A — William Caffery, laborer, called a taxi to take him home with his jug of $20 gold pieces. Caffery was hired to do some cleaning on a farm near here, own- |ed by Charles Budlong. He found '!hc Jjug containing $2,000 in gold ‘m an old building he was tearing [down. The coins are dated 1850 to 1890. Prior to 1892 the farm was |owned by a man named Lee who was reputed to be wealthy, but whose money was not found when he died. less heirs of Lee show up and prove their right to the property. One dollar, invested for 100 years at 6 per cent, compounded, will earn more than $338, while at 3 it would earn only a little more than $19, BALDNESS CAN BE AVOIDED Lm‘flm(oc Nl.iuhk 2 'ALSO MAKEES OF - WHYTE FOX NO. e e hogsands.. The money belongs to Caff New ‘Foot-Craft’ Shoes Feature Genuine Mexican Lizard or Watersnake Cuban Lieel oxford of genuine Mexi- can Lizard to blend with spring tweeds and tailleurs. different models—several of them in the new They ally for us . . . of selected skins that are of fine quality, unusual at the price—8$10.50. Advance of Ten Peints N initial de- ts net higher and We feature many other shoes of Lizard Calf at prices from $6.90 to $9.00 /MWA Q /fizygmngm@ —="Foot-Cratt Shoes ~ 211 Main Street THE DOLLAR IS GETTING STRONGER NEW BRITAIN SMOKERS LISTEN TO THIS LETTER Dear Sir: You have always thought that the world famous fragrance and flavor of Havana tobacco grows in the leaf. Growing develops the natural oils in the leaves. But a great change occurs after Havana tobacco is harvested. A natural change due to Cuban air creates the famous flavor. * Nobody yet has produced this ripe flavor in the artificial, warm, moist air of an American factory. Our tobacco is left in Cuban tropic air until the fragrance and aroma are mellowed. It is allowed gradu— ally to create its flavor the same as leaf used in fifty cent Cuban cigars. And thus you get "a new ex— perience in mildness." /Ours is "the original sanitary cigar factory," where conditions are as hygienic as those of govern- ment regulated foodstuffs. A new ex/wr/eflce 7n MILDNESS e Made by G. W. Van Slyke & Hozton, Albany HE average residence cus- tomer in New Britain pdld 30.85 for electric service in 1929. This bill would have been $11.78 higher, had the average paid been the same as ten years ago. The flat rate form of charge for electric service has been respon- sible for this fact. The flat rate form of charge for electric service makes possible the uniform participation in this reduction of homes both small and iarge. The flat rate form of charge for electric service makes possible the 5¢ meter rate—and also the 3¢ and 2c¢ options. Every customer may chogse the rate best suited to the use he makes of electric service. ELECTRIC SERVICE IS ESSENTIAL YET INEXPENSIVE The Connecticut Light & Power Co. per cent**