Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1890-07-24

cpd aaneyanees arase tae citizens fspn
tae pursuits 81 ix%laa businesA end
there be ne power IN the eoart& OF ths
Eeaersi Goeernment to prevent sacA
9atsaees as& peotect the eitiscn tn tbs
easoyAent OF . eenstitettonal right
Aa sp9sse1 % the eoastitutieasi -
Ileet Of tie question. the epiniea eontin-
yes, there can be no difference keswseo
shoes and beer. For exercising his
constitutional right Taehmen xas e.
rested en6er the eoehietiaG State lew
Of KaEsss aud his hoase Of business
close by an order Of insunetiom Judge
Caldwell discharged him from the cr4o-
incl arrest under the writ OF hAheso
eoepus and nov, despite the Lee An6
tAe decisions OF the Federal eouraA
the respondent threatena 10 con&in~e -
enforce said injunction. IL would Be IN
ampetent Government wkcee Judicial
branch is &ithout the powef % ehas-
ienge such repeated insfsctions q shs
eitizen'a PERSONAL liberty ead cunstits.
tienal right 10 pursue iawsua business
Ifarrested for such contempt this couxs
could discharge him again On habeas
corpus. but on respondents theory be
would and could again psOceed against
him tor violation OF the state tnjunc.
ton.
The opinion tasol6ea the foue.
teeDth Amendment which declares that
no Ssete shall make OF enforce any Law
ghicb shall abridge the privileges or
immunities OF citisens 81 he Untsed
States; nor shall any state depfive sny
person of life. liberty Or property with
out due process OF law, nR deny to any
person within ITS tarlsdiction the
equal protection % the 1Aw.
While this amendment had its
inception in the purpose % secure to
the freedmen OF the South the full en-
joyrnent of their freedom and sights. 40
has been repeatedly held by highest au-
thority the generality Of the language
used extends the protection Of its pro.
visions TO persons Of every race and
eoier and condition against the hostile
State action Os any kind.
After the discussion By Justice Rad
ley in the slaughter house cases Of New
Crieanss Alb 3Ss. In which he suggest
ed that the Civil Rights bill as IL then
EXISTED perhaps was not applicable, be-
cause Congress had not lests:ased 70
carry into effect che provisions Of the
Fourteenth anendnaent. at the
nest Congress following this de-
eision. and on April 20. 1871.
Congress passed an act to enforce
the provisions Of che Fourteenth amend
nent and for other purposes, the first
section os which in effect declared that
ang person who under color of any law,
statute, etc. OF any State shall subject
CT cause to be subjected any person
within the Jurisdiction Of the United
States to the deprivation Of any rights.
privileges or immunities, secured by
the Constitution Of tho United States
shall, any such Jaw. statute, etc. Of
the State 20 the contrary notwithstand-
ing, be liable to che party injured in
any action at las. suit in equity, or
other proper proceeding for redress, and
ts gives express Jurisdiction to the
United States courts. It applies ia any
person, no matter whos officer or 1ayman,
whO does the forbidden act.
TIE opinion then proceeds 70 show
that it is among the customary RENE
dies Ut .e4dity To- enioin and prevent
sRch Hrongs. 1t also asserts that the
iaiunesioa proceeding in the State
easHft without any bond OF indemnity
and without any notice TO the owner
4
1satAes iudsment without o hearing.
.passy al opportunity to make his de-
fense il be has any. Even God himself
did net pass sentence upon Adam be-
his defense. The principle is as
be given to the party 60 be affected thas
n \ al "a
heard. a judgments or order withous
notice which touches life OF liberty
would be wantoR eed cruel. If it
touched property i6 uoulG De asbiSrary
e1action.
"a most earnest appeal" the opinion
concludes, sis made By respondent TO
this court to leave unmolesteG tae
@fficers of the State in this controversy
to proceed to the customary channels OF
the State courts, leaving the petitioner
his remedy. afteS fina4 decision in the
court of last resort in the State, of appeal
ing to the United States Supreme Court
We sensibly recognize the Importance of
the rule of comity invoked as essen
tial to the preservation of the harmony
and peaceful operations between the
courts of the two jurisdictions But
AOCi SUiO oAi eho III OhO SOullhS GIhIC VI zig
passionate consideration and calmer res
Election, when the feverish excitement
of popular local sentiment shall give
way to reason and a broader National
spirit, the intelligence and patriotisa
of counsel wall pronounce Judgment for
his constituents acquitting the Federel
judiciary in this controversy Of the inn
putation of unduly interfering when
they are executing the high behests OF
the Federal Constitution. Is it not
rather the respondent and his abettors
who should recognize the rule OF comitvY
The Supreme Court of the United States
has declared SO much OF the lew OF
Kansas as prohibits the impor-
tatiOn of liquors. ETC., into
the State and therein in the originel
packages as unconstitutional The
United States Circuit Judge, in obedi-
ence to his oath of office, has rea Armed
and applied that decision to these prose-
cutions. Until Congress shall intes-
pose and confer upon the State the rigAt
to regulate this matter, loyalty to the
sapreme law of the land, and the oblisar
ton sof good citizenship demand that
the State and its ministerial OfficeAs