The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1885-04-09
Law Or Force.

ED. CAPITAL Gov. Sherman had
no legal right to seize the auditors
Office bv force. Honest differences
OF opinion frequently arise about the
law. To settle disputes OF this ma
ture courts weIe instituted. In
them the humblest citizen may dis
putc with the mighticst aud have
his dispute decided after full in
vestiga'ion ~ the enlightened mind
OF Ill impartial Judge. But Sher-
man has invited Brown from the
courts OF justice to the field Of bat.
tie; he las declined an intellectual
trial and resorts to brute force; he
seeks to displace points OF law by
poiuts Of bay0ncts.
II the title to the auditors Office
ean be legally tried in this manner,
then he will be auditor who can
raise the strongest mob and he shall
issue warrants on the state treasury
who Gun enforce the payment there
OF by sworls and bayonets. Can
this be legal that brushes all law
under the brutal feet OF might.
Shall muscle decide intricate ques-
tions and write its decision III blood ?
When muscle Is made monarch Of
Iowa the accidents anarchy and not
the rules OF the law will govern.
But Sherman says that Brown has
no right to the books. He claims to
b. the sole, exclusive and supreme
Judge, from whom there Is no
change Of venue or appeal, and that
he without any form Of trial, may
remove any officer Of state and use
the military to enforce his decision.
The mere statement Of this claim
refutes 1t. The primal purpose Of
government is peace and order. To
attain these ends courts were in
stituted, with power to try conflict
ing claims and settle disputes. Into
their hands all questions OF law and
fact come for decision. Sec. 3 Of
the bill Of rights and our state con-
stitution provide .that no person
shall be deprived 81 life, liberty or
property without due process Of
law" No matter what may be the
right Of citizen or any officer to
the possession OF a piece Of property
or any Office he caunot resort to force
to take It; but must 60 into court and
invoke the process Of the law. And
when the conrt has issued its pro-
cess, any executive officer to whom
it may be directed may execute it
and may employ all the force neces-
sary to do so. But without it he is
powerless. As well claim that the
governor could hang man that he
believed guilty Of murder without .
legal process as that he could, with
out II, take forcible posses sion OF
the auditors Office.
The branches Of our state govern
ment are Legislative, judicial and
executive. The first makes the laws,
the second decides what arc thu
laws IS applied to disputed p ,ints
and the third executes the decision.
Hence the action Of Sherman In
robbing Mr.. Brown OF the possession
OF the auditors Office without legal
process Is certainly unlawful.
It attempts to push aside the con-
stitntion and establish = military
despotism: to break down the srin-
cipal pillar OF American liberty. and
plant an arbitrary usurpation
Looked ut merely as q quarrel be-
tween two men, who are probably in
the wrong. it may excite laughter
and derision, bnt viewed ~ 4 pre-
ccdent in the administration Of gov
ornment, II Ia alMr ming and should
receive the strongest dennnciation
Of all men who love our Institutions,
upheld our laws. and desire to
maintain and perpetuatc the prin-
ciples OF liberty guaranteed in our
Neutrality-suspicious. 5. Wilcox.