The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1866-11-23

court, and then insutute smo
and wait all the delays incident'o v.
has the government risn. '" p'o'e0s '''s''
Immediately from tho immediate ana impeha'
ing dangerf II It has not tue r'sa, ousn'
TO have It, and wseNe'SsaM - "f1u
writer VINO WIS 80 '. 80,
un'e .a :, , -, .....s,,... p.,
s'a'neu '.'ous" '.'''a' p'0seNNe
arc "s' VIZ" "'' Wus%S .'"
encouraging no1 ffUDSho" y".ou"s"s
moo 'AH' anu "no comm'"'hg '" 'ne MINUS
Y, sne poPu'ace .ne aos'emen' '. sueu nu',
N'' ~e. oa' 'ao'' VINO ''s." '"e"
taes Vac nsSlasK SAsSs ~ "c s''s'.we"'
asNoss''o o,~ps- - NV ~ ~.
s,t,,', ~. $500 ,s,.,,,
ID y w ...L,,., .n.is !,
"'sn a"s "u'a"ee' go -.
up.0n h aeS0s's' '"A' "e $50 80.
~ ~ ume OF actual "" .uu'S'Y u ~ t'A''ri
nuisance using no s''f'0 'o"'n' - i'Ne'rr'''
necessary. gi'ss,Any more encouragement. "
irespSnabk parNes, moos, yoap'ssS''No"'
the received constructiono o. common iaW IRON
its frst inception. whoever burns isisot0a
clothing, or'fesotss obttructions on shiRh'
way. does - 1t THE peril .of having The
courts decide that the thing SLATED wrs. not a
puisanee, or thar its Abatement was uhneces-
sary.,., This knowledge of, peril protests cur
property and business from irresponsible par
tie,. and N, came will oostipue " protect ~
The mischief lies not. Ws apprehsnd. in the
fact that the populace are made tie abators,
,but that they are made the judges In the first
instance Of the fact that nuisance exists. The
fsier.i government subsequent to the destruo-
ton Of the Bangor publication, found others
Of the same character, and with ell the courts,
,beriffs. and msrshaIls at their command could
tbey find any biyil remedy equal to and SUN.
alan, S,r ,hs .msrrrnoy, The praotice of the
~o,.rnncut 4. A clear answer that they could
not. and they Immediately suppressed those
psper, "A necessary for the protection OF the
life cf the government. The principle Of self
defence calls for immediate and instantaneous
action, You are assaulted In the street. II
xo, he,;ave IN. ...ailant vill take your life. or
a., -.
do yon some bodily harm. you may resist Nun
In self defence to the best of your ability, And
sou are not sallsdupon to run to the nearest
-,,.,s. a. sc- . v.rr.n, n n,o.ecu,e the AZ.
:.l,,D,. sor rbiIe .ttemp,ins mi, your life
.I,-,.i J a., ,..e,. No, IL, .;, Ia,
mign' pay tue iorie''' We repea' "s"'"' ""''
,he govsrnmept In thus assailed when every.
SYN az. ,,,
thins We hod uear Is ehuangeTeu' ine' hoe''s'
aud the pursuits OF happiness seized by trai'
tors hands, and our sacred rights rs indlr'du'
ais and rs communities about to DO ruthlessly
destroyed, Is there no immediate remedyl III
there Is, what Is 1T II has always been said
that public nuisances may be sha'ed by private
individuals suffering special damage thersirom,,
and multitudes Of such cases have been decided,
Upon this point We invite attention TO the clear
undispated statement OF Judge Tapley, that q
public nuisance .'exists not only without right,
hut against right" Ifthis be true, why should
no, any person suffering damage therefrom
sba,e IN Who can complain but him who
caused Il 10 exist
The common Illustration of the right TO
sbats is that when man finds fence across
the highway. This Is decided 70 DO q public
nuisance, and the individual has right to re-
movsiL Why, Because 1t interferes with his
rights. and the remedy, through a judicial
tribunal. Is not an adequate one IL he must
wait until the meeting OF the courts ana "ome
Its delay. his journey must be 50 much de-
lsyed therefore the necessities OF the case re-
curing II. the law allows him TO aoa'e II, ana
proceed on his journey. lie aoates It, how
ever, at his peril. IL should be proved that
the way was not Q highway ana one over
which he had no right TO pass the act would
not be jnstihAb's' and he must suffer the con-
sequence OF m.
All viii agree 'hat "ou'd ne oeter 'n"'
some other mode OF removing 'ne'e hu's'nces
should DC pro''aeo. out the question III tue
oen's' o''i was "o' VIVA, s"ou'' W ne "'
s 81 , ,uo n -, s.sS aide. Tn. H,,y Cen