140 



FORESTRY AXD IRRIGATION 



March 



upon it by the Constitution. These 

 are expressed in the most general lan- 

 guage ; they do not descend to details ; 

 and they do not point out the means 

 and methods by which the various 

 powers are to be made operative. 



Two schools of interpretation have 

 existed among the statesmen and poli- 

 ticians of the country. The one has 

 taught that a strict and close construc- 

 tion is to be placed upon all grants of 

 power contained in the organic law, 

 so as to limit the Government to those 

 acts and means which absolutely are 

 necessary to give force and operation 

 to the grant. The other has maintain- 

 ed that the instrument is to be con- 

 strued liberally, so as to enable the 

 Government to adopt any means which 

 would conduce fairly and reasonably 

 to make the grant operative; and that 

 among such means the Government 

 has an unrestricted choice, which can- 

 not be limited by the courts. Those 

 who thus read the Constitution, assert 

 that the powers of the Government 

 are full, complete, and absolute, within 

 the range of the subjects committed 

 to its care; that it may adopt what- 

 ever means it prefers which may tend 

 to give effect to the general provisions 

 of the fundamental law; and that 

 among such means the selection is en- 

 tirely a matter of policy and expedi- 

 ency. 



The practice of the Government has 

 been in accordance with the latter 

 more liberal theory of construction. 

 The Supreme Court of the United 

 States has affirmed this view with the 

 greatest emphasis, and applied it to 

 cases of the highest importance. The 

 tribunals of most of the States have 

 followed the lead of the National judi- 

 ciary, although some of them have 

 adopted the opposing theory, and en- 

 forced it with great earnestness. 



In McCulloch vs. Maryland, 4 

 Wheaton 316, the Supreme Court 

 says : 



"It must have been the intention of 

 those who gave these powers, to in- 

 sure, as far as human prudence could 

 insure, their beneficial execution. This 

 could not be done by confining the 



choice of means to such narrow limits 

 as not to leave it in the power of Con- 

 gress to adopt any which might be ap- 

 propriate, and which were conducive 

 to the end. This provision is made in 

 a Constitution intended to endure for 

 ages to come, and, consequently, to be 

 adapted to the various crises of human 

 affairs. To have prescribed the means 

 by which Government should, in all 

 .future time, execute its powers, would 

 have been to change, entirely, the 

 character of the instrument, and give 

 it the properties of a legal code. It 

 would have been an unwise attempt to 

 provide, by immutable rules, for ex- 

 igencies which, if foreseen at all, must 

 have been seen dimly and which can 

 be best provided for as they occur. To 

 have declared that the best means 

 shall not be used, but those alone with- 

 out which the power given would be 

 nugatory, would have been to deprive 

 the legislature of the capacity to avail 

 itself of experience, to exercise its rea- 

 son, and to accommodate its legislation 

 to circumstances. 



"Take, for example, the power to 

 establish post-offices and post-roads. 

 This power is executed by the single 

 act of making the establishment. But, 

 from this has been inferred the power 

 and duty of carrying the mail along 

 the post-road, from one post-office to 

 another. And, from this implied 

 power, has again been inferred the 

 'ight to punish those who steal letters 

 from the post-office or rob the mail." 



In Kohl vs. United States, 91 U. S. 

 367, the Supreme Court says : 



"The powers vested by the Constitu- 

 tion in the General Government de- 

 mand for their exercise the acquisition 

 of lands in all the States. These are 

 needed for forts, armories and arsen- 

 als, for navy-yards and light-houses, 

 for custom-houses, post-offices, and 

 court-houses, and for other public 

 uses. 



"When the power to establish post- 

 offices and to create courts within the 

 States was conferred upon the Federal 

 Government, included in it was author- 

 ity to obtain sites for such offices and 

 for court-houses, and to obtain them 



