Evening capital journal. (Salem, Or.) 1888-1893, 1891-01-15
gcooe,uaea from an.s page.l

TConeiudsd from hrst pagsl
federal courts Of the power 10 not
only set aside the law Of the state
within the limits Of the state, but
also 10 wrest from the jurisdiction
Of the state courts persons clearly
held under such jurisdiction by viz
tue Of state laws aud turning Loose
upou the community untried crimi-
rais. has become more than dOubly
increased within the last year, for the
reason that within that period the
supreme court Of the United states,
by virtue Of the power to negative
laws claimed by IL. aud the exercise
Of which power bas been acquiesoed
In by the other departments Of the
government and the people, has 10
all inteDts aud purposes radically
changed our form Of government
Within the last year that court has
reversed its own decision In the
granger cases, and now holds that
the federal courts, rather than the
legislatures Of the several states,
have the power 10 fix a. reasonable
the rates 10 he charged by common
carriers within state limits llSi t.. ;.
4Isl; Il has also reversed iis own de
eislOn In another respect and now
denies the right Oi a state ~ eKer-
cise it, reserved police power TO pre-
vent the sale within state
limits Of articles deemed inimical %
the public welfare, which has
heretofore been held sacred il35 u.
:. 100; Il has again reversed tor the
second time It's own decisions IN the
eelebrAied Virginia coupon cases,
and nov holds that the state ofiicers
in the enforcement 81 state laws are
liable 10 punishment By fedrral
couFts. II IN the judgment of such
courts such laws are not a. they
ought 10 be {lS5 L. :. l62I;
aud worse and most Infamous
81 ali, l. its decision that the state
i 10 be denied the exercise Of its po-
lice power fus the punishment of 4
certain class of murdsrers within 10
limits, by setting al liberty the
secres, armei assassin, who &C
companied q federal judge In Cali
foFuia, and who shot down la
cold blood an unArmcd citizen
% that state, declaring the
startling doctrine that ''Any duty ol
the marshal b. DC derived from the
general scope of bis duties under
the laws 81 the United States" " "a
law thus placing IL within the
pswer 0f the president or his attoT-
ney general, without authority Of
. siaiate law of coBgrcss, "a
keep body guards for every fed
eEAI official, which guards can wan
toniy shoot down the unArmed
people u the state, and through the
e1erci=e ~ the writ of habeas corpus
by the federal courts can be shielded
from The punishment Of their crimes
--tl85 Us. 1,
The plain aud undeniahle deduc-
ton from thesr decisions Of the
supreme couFt ~ the United states
IL that u the iDserior federal coarts
arv a. D. retained % exercise power
End jurisdiction within state limits,
the further continuance VI state gov
ernmeuts u entirely unneSs-ssary.
aud j. really fraud upon the peo-
ple. TIE lugic ~ thsse recent aeei.
si0ns il plain and conclusive, aud u
Is % the edecg that state government,
should te abolished of that tie lAw
creAliDg federal c5urts within state
limits he entirely neF.salcd, OF -
changed a. 20 liHit them exclusively
a. cases of admiralty and martins
Jurisdiction. To leave such luiefioi
courts within slate limits 10 exerta-s
the Jurisdiction n0w clAimed by
them u simply 20 auluiesce Ia yir'
iuAi AnnihllAfton ~ stale govern
menis- This RESULT will never h.
t0lsFaied - ihe frse pcople u this
ooungry. There - only one logical
alternative. The inivFiur federal
courts se Dot the CREATURES of the
constitution. but ~ oongre-s Con
gress made them aud c5ugpss can
unmAke them, and the bold and
Wantou usuuAiions u power by
them Il a startling warning 10 the
people that the tiuie has fully cums
when oongFtss should unmakt then.
The legitimate pBaeFs that they
NAtANtN- NNAtA - WI AANAAAHAA -
the state courts, with apf--als ~ n0N
o. the Supreme court ~ the United
States, and this confusion arising
ffom clAshlng % jurisdiction h.
tween the federal and state oourts
aud belWcen the federal cluft aud
the legislature, which l. nos max
ing us the laughing stock of tbs
whole world oouid le obgialrd.
Gentlemen ofthe legislative as-sm'
bly, of Oregon; Thcrc l. no duty ~
Imperative upou you a. j. The duty
Go instruct oaf delegation la CON.
gnss 10 lAbor either iog the eulis
abFogation ~ the ieieFal infcriol
o0nFts az for their F~irictiun a. casc,
~ admiralty aud maritime iurisdic
ton. That there l. urgeut be,rcs-iiy y
for this, you oAnuui lor Que ninmcnl
doubl. The people cxpss-i you d
change our laws la rsrpect "a aasess
mcut aud TAXATION. 90 what "a
vantage Wili h. the moai tguiiabl,
snAcinicuts Ia that nzgafd. u th'
frsieFai cnuFt uili a. Il Il has doui
thFer iulss within the last iew ycan