WILLIAM G. JORDAN[1]

[Footnote 1: Reproduced from _The Craftsman_ of October, 1910, by

permission of Gustav Stickley.]

When a new idea or a new institution confronts the world it must answer

all challenges, show its credentials, specify its claims for

usefulness, and prove its promise by its performance. As an idea the

House of Governors has won the cordial approval of the American press

and public; as an institution it must now justify this confidence. To

grasp fully its powers and possibilities requires a clear, definite

understanding of its spirit, scope, plan, and purpose, and its attitude

toward the Federal Government.

The House of Governors is a union of the Governors of all the States,

meeting annually in conference as a deliberative body (with no

lawmaking power) for initiative, influence, and inspiration toward a

better, higher, and more unified Statehood. Its organization will be

simple and practical, avoiding red-tape, unnecessary formality, and

elaborate rules and regulations. It will adopt the few fundamental

expressions of its principles of action and the least number of rules

that are absolutely essential to enunciate its plan and scope, to

transmute its united wisdom into united action and to guarantee the

coherence, continuity, and permanence of the organization despite the

frequent changes in its membership due to the short terms of the

Executives in many of the States.

With the House of Governors rests the power of securing through the

cooperative action of the State legislatures uniform laws on vital

questions demanded by the whole country almost since the dawn of our

history, but heretofore impossible of enactment. The Federal Government

is powerless to pass these laws. For many decades, tight held by the

cramping bonds of Constitutional limitation, it has strained and

struggled, like Samson in the temple, to find some weak spot at which

it could free itself, and endangered the very supporting columns of the

edifice of the Republic. It was bound in its lawmaking powers to the

limitation of eighteen specific phrases, beyond which all power

remained with the States and the people. In the matter of enacting

uniform laws the States have been equally powerless, for, though their

Constitutional right to make them was absolute and unquestioned, no way

had been provided by which they could exercise that right. The States

as individuals, passing their own laws, without considering their

relation or harmony with the laws of other States, brought about a

condition of confusion and conflict. Laws that from their very nature

should be common to all of the States, in the best interests of all,

are now divergent, different, and antagonistic. We have to-day the

strange anomaly of forty-six States united in a union as integral parts

of a single nation, yet having many laws of fundamental importance as

different as though the States were forty-six distinct countries or

nationalities.

Facing the duality of incapacity--that of the Government because it was

not permitted to act and the States because they did not know how to

exercise the power they possessed--the Federal Government sought new

power for new needs through Constitutional amendments. This effort

proved fruitless and despairing, for with more than two thousand

attempts made in over a century only three amendments were secured, and

these were merely to wind up the Civil War. The whole fifteen

amendments taken together have not added the weight of a hair of

permanent new power to the Federal Government. The people and the

States often sleep serenely on their rights, but they never willingly

surrender them, yet the surrender of a right is often the brave

recognition of a higher duty, the fine assumption of a higher

privilege. In many phases the need grew urgent, something had to be

done. By ingeniously tapping the Constitution to find a weak place and

hammering it thin by decisions, by interpretations, by liberal

readings, by technical evasions and other methods, needed laws were

passed in the interests of the people and the States. Many of these

laws would not stand the rigid scrutiny of the Supreme Court; to many

of them the Government's title may now be valid by a kind of

"squatter's sovereignty" in legislation,--merely so many years of

undisputed possession.

This was not the work of one administration; it ran with intermittent

ebb and flow through many administrations. Then the slumbering States,

turning restlessly in their complacency, at last awoke and raised a

mighty cry of "Centralization." They claimed that the Government was

taking away their rights, which may be correct in essence but hardly

just in form; they had lost their rights, primarily, not through

usurpation but through abrogation; the Government had acted because of

the default of the States, it had practically been forced to exercise

powers limited to the States because the States lapsed through neglect

and inaction. Then the Government discovered the vulnerable spot in our

great charter, the Achilles heel of the Constitution. It was just six

innocent-looking words in section eight empowering Congress to

"regulate commerce between the several States." It was a rubber phrase,

capable of infinite stretching. It was drawn out so as to cover

antitrust legislation, control and taxation of corporations,

water-power, railroad rates, etc., pure-food law, white-slave traffic,

and a host of others. But even with the most generous extension of this

phrase, which, though it may be necessary, was surely not the original

intent of the Constitution, the greatest number of the big problems

affecting the welfare of the people are still outside the province of

the Government and are up to the States for solution.

It was to meet this situation, wherein the Government and the States as

individuals could not act, that the simple, self-evident plan of the

House of Governors was proposed. It required no Constitutional

amendment or a single new law passed in any State to create it or to

continue it. It can not make laws; it would be unwise for it to make

them even were it possible. Its sole power is as a mighty moral

influence, as a focusing point for public opinion and as a body equal

to its opportunity of transforming public opinion into public sentiment

and inspiring legislatures to crystallize this sentiment into needed

laws. It will live only as it represents the people, as it has their

sympathy, support, and cooperation, as it seeks to make the will of the

people prevail. But this means a longer, stronger, finer life than any

mere legal authority could give it.

The House of Governors has the dignity of simplicity. It means merely

the conference of the State Executives, the highest officers and truest

representatives of the States, on problems that are State and

Interstate, and concerted action in recommendations to their

legislatures. The fullest freedom would prevail at all meetings; no

majority vote would control the minority; there would have to be a

quorum decided upon as the number requisite for an initial impulse

toward uniform legislation. If the number approving fell below the

quorum the subject would be shown as not yet ripe for action and be

shelved. Members would be absolutely free to accept or reject, to do

exactly as they please, so no unwilling legislation could be forced on

any State. But if a sufficient number agreed these Governors would

recommend the passage of the desired law to their legislatures in their

next messages. The united effort would give it a greater importance, a

larger dynamic force, and a stronger moral influence with each. It

would be backed by the influence of the Governors, the power of public

sentiment, the leverage of the press, so that the passage of the law

should come easily and naturally. With a few States passing it, others

would fall in line; it would be kept a live issue and followed up and

in a few years we would have legislation national in scope, but not in

genesis.

The House of Governors, in its attitude toward the Federal Government,

is one of right and dignified non-interference. It will not use its

influence with the Government, memorialize Congress, or pass

resolutions on national matters. What the Governors do or say

individually is, of course, their right and privilege, but as a body it

took its stand squarely and positively at its first conference which

met in Washington in January of this year as one of "securing greater

uniformity of State action and better State Government." Governor

Hughes expressed it in these words: "We are here in our own right as

State Executives; we are not here to accelerate or to develop opinion

with regard to matters which have been committed to Federal power." The

States in their relation to the Federal Government have all needed

representation in their Senators and Congressmen.

The attitude of the Governors in their conferences is one of

concentration on State and Interstate problems which are outside of the

domain and Constitutional rights of the Federal Government to solve.

There can be no interference when each confines itself to its own

duties. In keeping the time of the nation the Federal Government

represents the hour-hand, the States, united, the minute-hand. There

will be correct time only as each hand confines itself strictly to its

own business, neither attempting to jog the other, but working in

accord with the natural harmony wrapped up in the mechanism.

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."

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