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<br />17 <br /> <br />Mr. BACON. I suppose the Senator recognizes and intends <br />1,0 draw the distinction between implied power and inherent <br />power. <br />l\Jr. TELLER. r should think thnt It was rather a waste of <br />time, iu n Senate composed practically of lawyers, to Jlttempt <br />t.o go into aD argument to show there was a (lIStillCt1011 lletweell <br />impl1ed and Inherent powers. Implied powers, of course, come <br />from somnthing lIssel'tcd. <br />Mr. BACON. The Senator, 1 am draW, misllnderstmlds me. <br />1 simply desired to emphasize what I understood the Senator <br />to lJe sayIng and to call uttl:mUou to tbe fact that possihlY what <br />wlla intended by mnny as a recognition of inherent power wus <br />hut the recognition of implied power. <br />Mr. TIDLLER. An implled power can only be implied frorp <br />l:iomething necessarily declared. . <br />Mr', BACON. 'l'bot is right. <br />Mr. '.l'IDLLER. And I am dealing not with implied po~'er, for <br />whIch people C':onteod, which is a different thing, but with ilie <br />question of inherent power, <br />I want to qnote from the Secretary of State, Thp.re is not <br />anybody who does not recognize In the Secretary of Statp, Mr. <br />Root, a mnn of great reputation as fl lawyer. He has l:Ieen at <br />t11c head of the War Department and Is now at tbe hend of the <br />Department ur State. He said: <br />It mny be that sllch control- <br />[ only quote his conclusiolls- <br />11 may ue thnt Buch eontL'ol would better be exel"e1sed In particular <br />Instllnces hy the Governm<lnt o! the StatE's, but the ppople wIll have <br />tile control they necd, either 1rom the States or from the Satlollal <br />GovN'nment, unit ~f the Stato fail to furnish it in dlLe 1tt'WIIII1'6 <br />SMlne" or lel-te" constl'uctiona of the Oon8tituUon 1/!ill be (olln/l to vest <br />the POWlJl" where it wHl be cxerGfosea.---in the Nati01~at Guvcn~m.Cllt. <br />Mr, President, ha.d he stated that the people would find n <br />way of changing tbelr ConstItutlon to meet their wisbes, be <br />would have stated tile fact, but I do not believe the time will <br />ever come when tbe people wlll submit to a construction of the <br />Constitution that is not plaInly warrnnted by the letter and <br />spirIt of that instrument, <br />Great power Is wanted. by the Executive Department of the <br />Go,'ernlllent jn other respects, The President bas llHked :1t dif- <br />ferent Urnes In bis messages for an Increase of power in one <br />wny or anoihel'-tlsl1ally indirectly. The President, ill hitl Dles- <br />~flg:e in December, 1D06, referrIng to the practice of the courts <br />In certain cases, saId: <br />It would be well to enact a law providing something to the effect <br />Wnt: <br />.. No. judgment shall be set aside or new trial grl\nted 111 nny cause, <br />clvll or CL'lmlnnl. on tbe ground of mlsdlrectlon 0:1: t.he jl!l'Y Ot' the Im- <br />proper admIssion or rejection of evidence, or for error ai'! to any mntter <br />of pleading' or procedure, unleBs, In the opinion of the court /:.0 which <br />tlw allD!lcat[on 1s dlade, after an eXRmlno.tlon 01 tile enUre ell-URe It <br />8hnll affirmatively llf,pCfl.r that the error complaltlp.d of hua rl!snlted <br />III n mlscnrrln~e of uatlee." (Vol. 41, pt. 1, CONflll.FJBsrON.l.L RECORD, <br />G9tll Cong., 2d sess" p, 23.) <br />Again, on llage 29 (sante RECORD), under tbe beadiog of <br />.. Murr[Elge and dlvol'ce," be said: <br />N~v('rth("l(,f<'; in my .fnd.El'tllf'ut the whole qucStJOll of mnrrllt~e nnd <br />dIvorce should lIe l'eleA'ltted to tlHl nuthorIty of the Natlonltl CoJ.lgress. <br />Al Im-.<:I'ut tl1(' wlur (nlTrrpnces III thl' laws ot tlJ~ different Stllte.~ on <br />thi!'; 8\liljilct l'esnlt In sCltnda[s and abuses, and surely tlJerc Is notlJlug <br />so yltalfy esseutlnl to the welfare of the natlou, nothing around whieh <br />44400--781U----2 <br />