Arizona silver belt., 1883-08-04
THE PEOPLE ARE SOVEREIGN.

The baneful effects of the centrali-
zation of power are being exhibited
every day, but in no case so glaringly
as in the attempt about to be made
to dispossess the locators of the
Deer Creek coal fields. Capt. Craw-
ford, in obedience to mere order of
the Secretary of the Interior, will to-
day dispossess the discoverers and To-
Gators of the coal fields, and thus de-
prive citizens of the United State of
their property-property they have
acquired through long years of toll
and suffering and untold hardships-
without due process of law The Or
der of the Secretary is doubtless based
upon the disputed fact that the coal
fields are situated within the bouda-
ries Of the San Carlos Indian Reserva-
ton, the control of which, being In
dian country, is vested in the Depart
ment of the Interior, of which he is
the head. We do not say that the coal
fields are not on the reservation, but
we do say that question of boundary
is disputed one, and it should be set
tied not arbitrarily by the Secretary,
but blythe law of the .land-"a law
which hears before it condemns (which
proceeds upon inquiry, and renders
judgment only after trial. We are
living under government of limited
powers. Under our system the peo-
pie, who under other forms of govern
ment are called subjects, are the SOW
ereign. Their rights, whether collec-
tive, or individual. are not bound to
give way to a sentiment of loyalty to
the person of a monarch. The citizen
here knows no person, however near
to those in power, or however power
full himself, to whom he need yield the
rights which the law secures to him
when it is well administered. When
he, in one of the courts of competent
jurisdiction, has established his right
to property, there is no reason why
Difference to any person, natural or
artificial, not even the United States,
should prevent him from using the
means which the law gives him for
the enforcement of that right.
Courts ofjustice are established, not
only to decide upon the controverted
rights of the citizens as against each
other, but also upon rights in contro-
versy between them and the govern
ment."
The above is quoted from a recent
decision of Mr.. Justice Miller of the
Supreme Court of the United States,
to dispel the notion that the dictate of
the Secretary of the Interior, if ,ar-
ried out, would divest these locators of
their property, and put an end to
their rights to the discovered coal
fields.
Shall IL be said, in the face of this,
and of the acknowledged right of the
judiciary to decide in proper cases,
that the courts cannot give remedy
when the citizen has been deprived of
his property by force, his estate seized
and converted without lawful author
ity, without due process of law, and
without compensation, because the
Secretary Of the Interior ordered, and
the officers Of the government are in
possession? If such be the law ofthiS
country, to use the language Of the
same eminent judge, lit sanctions a
tyranny which has no existence in the
monarchies of Europe, nor in any
other government which has a just
claim to well regulated liberty and the
protection of personal rights"
In view of the disputed question in
regard to the boundary line of the
reservation, and in justice to these
men, who in equity and good con-
science should be accorded their rights,
the United States should institute an
action to determine the question, and
thus settle the matter by due course