Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-05-13
particularly describing the place to be
sesrcne d, and the person or things to ot

seiI= d."
I, Is said BY the commentator:
Sec 1902. This provision seems !ndisr
peosable to the full enjoyment OF the
rights Of personal security. personal I'D
erty, and private properly. l. is little
mere han the .firmsnce Ct great con-
stitu.ionel doctrine Of the common law.
Here the Commissioners are suIhorzeo
20 go into community, seize properly,
condemn IL, and destroy it. II ID true,
they are to have it appraised and com
pensstlon paid, but IL does not matter
what its vslue Is. There Is NO such tnlne
"a proceeding under the constitution
AZ laws.
In section 1909 the commentator fur
lAer Gays:
the esme 10 founded, to be legal, must
not only SGT, the name OF the parry, pu'
also she time aud place and nature CT tAe
ofsnse with reasonable certainty.
Nos, referring to the second section OF
the hui. the 9TH amendment to the con-
ssitu ton contain 0, among other things,
tais:
q, person ehsll s'be deprived OF life,
Hbe..y, or property without due process
a. ,z~: nor shall private property be
takeu ,ur public use without just compsn-
sstion." ~,
The object OF this section OF the bill is
| to secure lust compensation, but there IL
nothing in this to show that the purpose
is 10 condemn it by due process 0f law.
| The seventh amendment is thai:
| uIn suits ct common law, where the
vslue In controversy shall exceed $40, the
right of trial BY jary shall De preserved,
and NO fact tried by jury shail be other-
Wise re-examired in any court OF the
limited States than according to the rules
OF the common law.
In section 1f6s the commentator says:
In suits at common Law, where the
value in controversy shall exceed W., the
right Of trial By jury snail be preserved
Farther on in the same section, 1t IL
said:
II iaa mos important End valuable
amendment, and places upon the high
ground Of constitutional right the inesd-
msble privilege Of trial by jury in civil
cases. a privilege scare ly Inferior TO that
, in criminsl cases, which is conceded by Of
! to he essential to political and civil lib
, erty.
: And In the next section it is said:
II hss always been an object of deep In
terest and solicituoe, and eveIy encroach
uent mon 1t has been watched with grea
+ ,slousy. ,
: would be very rare that any STOCK "oeI
/. he killed thar was not worth over Szo
q and vet the right to determine its Taiu
n by a Jury Ia not given. It Is in the arb
q trsry power OF the commission. II is
II proceeding sucn as is INDUCED In unde
absolute governments. 1t is not such pre-
+, ceeding as is known to our system
"a govern ment, and upon this point desil
N 10 make genersl observation.
"a All this legislst ON which looks !
breaking down the barriers OF the consl
r tuition and sending FEDERAL omcers hi
IN the STATES to interfere win local aI
= domestic matters is 81 WEI with Inc VINO
r. theory of our governMenf. Inc theory
es the moRarchiss Of the world is thst !!
40 crown, by whatever Esme known, Is u
n source Of authority and the fountain
he honor. The theory Ct or government
4. that the people axe TIE ource OF autho
ty. The theory Of tDe monsrchiai &c
ba ernmen,s is tbs. the people ale ipcsrst
oh at self government, apt must be COVER
cd nv a power superior 10 themselves.
mo The theory OF our e vernment Is II
the neople sre cap ,cie o. self-governmel
.s pleases Them TO the federal COVER
he ment and delegate su2a al ITS pleas
AN them to the state government, and reset
ma certsin pJwers or rights which thy
,sr not delegate to eithsr etste or fede
government, end this reservation is ms
ot in virtue Of their sovereign power,
m. poyerpmept-making power which u
or nossees. It has been habltual for the
I'D twenty wears for Congress to assume t
a.. the people Of the states are incapable
Ia governing themselves; and it has OF
tor hammered that laws have been pas
uca which 20 upon the theory that the PEG
To of the states are not capable OF sell 8
q Of ernment, and must be governed b!
MS mower superior to themselves and outs
or of themselves-thst Is, by Congress
ess, BY the Federal authorities.
I'll Whenever we come to the conclue
that the people are no longer capable
ANA self government then we have chan
,,es the character Of cur govern ment,
are though We may call 1t . republic ii
eY. comes despotism, and a. much so
ans. Roue WAS long after liberty was
!. Rome was despotism, but still GALE
sion republic.
80 cav NOT be too often invoked and too C.
NJ fully considered by those who enact
viii laws OF Congress. We ought nos TO
,st sight of the character Ct eur governm
obi We ought not 10 lose sight OF the SOY
- ignty Of the people, their capacity
nd self-rovsrnmens, end that cnpaclty vi
nm oual;fes Them to legislate In the 81
the upon all subiects Of merely locsl
elo. domestic charscte'. II we desire to
&c serye cur constitution and form OF
. ,se erpweut SID ias liberties Of the pee
nro we csn xos TOO carefully
from the exercise If the poEs;s OF Corg
tate within its Gel. gated 90 hofi!F. II
scr oye.a,ep tina aousds tee cHaa'iss
the il W. uEurp the rights OF she states, l
onid trs1s Die upon the liberties OF the pee
,Saw We rasy do IS in the nsme OF patriot
cnm We ,usy do 1t, S. all lbsrsy has oAen
snor. gen rally lost, xnder soS4e spee.ous
an ot IN, he exercise OF Ro Ser fsa' hsces
orts for kas public good
,tnSl Tais oil is oae OF tie proposes II
ure, thst locks to the fact that the pc
4 -. of ,ns states are not capable OF mast
srch thar DOMESTIC Affairs. are not cspio
CO ~ passing Laws TO secure the health
!, -. saeueAt Of the stock within
s.ss and i: assumes .hst Congress ma
what he people of the ststes sr'
n tho capable Of doing. 1 mean 80 MUG
49, tn:s OIL al rsletes TO purely local i
w. ~ oou-no 7 dp mot maEn