Arizona weekly citizen., 1885-02-14
WEEKLY CITIZEN.
SATURDAY FEB. II. 1885
WE SAY YES.

That Is what the Silver Belt says to the article recently published in the CITIZEN: "Shali the Court Be Sus- tained:" The Belt says:
 "We answer most emphatIcally, yes and supplement lt with d few. to us, good reasons for the same. This inquiry is prompted by the recent events trans piring in connection win the Berger case"
 The Belt then goes on and iu col umn and over reYIews the entire case in a manner that shows that its editor thoroughly understands the subject. Its closing remarks are so pertinent and to the point that we cbee.f fully give them a p. ace in these columns. It says:
 This raises the question winch all law abiding cltlZens are interested ID, to wit: In time of peace, with DO suspension of the writ Of habeas corpus, ls the cIvli authority suDservient to the military?
 In the founding of the nation, inc wise fathers divided the departments of gov ernment into thrre heads: Legislative, Executive and Judicial The pr roga- tives of each We're distinct and Untram- meled; these rights were to De exercised The stability Of the nation Te5is upon the enforcement O. those wise provisions of the organic law
 If they are not enforced, personal lib- erty becomes at once endangered: ri sht of property not only impeFI.ei, but so uncertain and weak as to disturb the wh, le system of intercourse between men. Among the causes assigned by the colonists for withdrawing from the mother country W the fact "that the King ob,trucIeI the administration of justice by refusing his assent to laws for establishing judiciary powers"
 We are not discussing the right of Berger to his land, but the right of one department, or branch of government, to overthrow another. Courts are legally established in our midst to protect life, liberty and property; Co further the ends of personal happiness, iuallenable rights; to secure and perpetuate which, govern ments are formed. And the great props to the whole superstructU.e are the civil courts when honestly presided over. By the construction tse iudiclal power ex- tends tc all controversies in winch the claims to lands ID any way, whether under grants by states Or nation. m Y be brought into controversy. TheIr prerog- aiiges peculiar, bu- DO less potent To enforce their mandates they are clothed by the National Statutes. sec tion 725, with power tO punish for contempt. the dlaobeiIeuce uI resistance b. any officer, party juror, witness or other person { any lawful writ process, ordsr, rule, ds cree or c0mmGul of sIC4 court. And the moment We lose si -ht of the fact that our courts are Iud-Psuteat ui all other branches of government, that moment begins our dowufail 's a free anu lappy people. This authority as exercised by the court, Tn the person of Judge Eilz gerald, in the case of Hart, was nyce~ sary tO tine Preservation of flat iuie pendence and dignity, through aud by which its mandates can be enforced: anu through believing that 1t i~ tue certainty aud not severity of punIsum sut that d. ters rlen from the commission Cf crime Yet m thi= case We are to be found oi the side of severity. fci ihe act was @ so public cGaEac'er as Co yu- fly tn, full penalty. And we trust j. will serv, as n signal of danger to al who attemp to defy ihe courts Iu the exercIse of thei lawful duties.