Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-08-30

Ol OBOTSlt Tuppel LOT OTUCr, anu an
nounced that, in the absence Of Judge
Thomas NJ. Cooley of Ann Arbor, Mich,
the pTesidG..t of the association, who is
i'll, Judge Samuel +, Hunt Of the SUI
perior court of Cincinnati, and who is
q vice-president of the association for the
State of Ohio, had been selected by the
executive committee as presiding officer.
judge Hunt read the address OF Judge
Cooley.
PRESIDENTS ANNUAL ADDRESS
Judge Cooley summarized the new
legislation which has been enacted
during the past year in various States
and Territories, and also referred to
changes in State constitutions, referring
especially to the Massachusetts law
regulating the relation Of employer and
employee; various laws relating TO edu-
cation, taxation, mob violence, SC. He
then went on to say:
is OUR FREEDOM MORE THAN NOMINAL.
The year which has elapsed since the
last meeting of the association is in
some very striking particulars one Of
the most notable in the history of the
country, and think lcannot more use
fully occupy your time on this occasion
inviting your attention and thoughtful
consideration of some OF tine phases of
social and public life which, in CON
stitutional point of view, appear to
merit notice at our hands. They have
bearing upon the vital principles of our
political institutions, and seem to indi-
cate necessity for reviewing the work
of those whom we have been accus-
tnr 10 aGt
founders of liberty in the Western
world, and for considering and judging
for ourselves whether the structure
they created, and which has hitherto
been the admiration of the world, Is
worthy OF the praise it has received
But the experience of the
year has taught US, il we needed the
lesson, that times may and will come
when the fact that for century politi-
cal institutions have had benilicent
operation, and the excellence of their
principle has seemed UNREASONABLE to
those who have enjoyed them, may per-
haps no longer be accepted as conclu-
siVe evidence of their consistency with
true liberty OF with the highest good Of
a free people.
THE GoXEY MOVEMENT.
Referring to the march Of the various
"industrial armies" toward Washington,
Judge Cooley said: The march and the
demand presented d new phase in our
national life, and though supremely
absurd, they deserve more than pass
ing thought. The whole number en-
listed i'll the several divisions of the in
dustrial army, if brought together,
would have formed but an insignificant
fraction OF the voters of the country,
and if acting in concert in general cleo
tions would not have been likely to
affect to any considerable extent the re-
suit in the choice of our national legis-
lators. But had this number been vastly
greater the pretence of speaking for the
American people was so distinctly an
tagonistic to the fundamental principles
of American liberty as to be preposter-
Gus. That liberty is founded in repre-
sentative institutions, and the citizen
selects his representative in elections
held in accordance with law, and not
otherwise. These men coming to the
Capitol represented nobody, not even
themselves, for their representatives,
duly chosen, We're already there and
engaged in legislative work. The
movement was distinctly antagonistic
to the most conspicuous and most in.
dispensable feature OF our constitutional
fabric.
THE DANGER OF MOB RULE.
On the subject OF recent lynchings he
said: We are not unfrequently re-
minded when an act of tolerated mob
violence takes place, that community
may have adherence of anarchy, and
unt Al.
see the law openly and publicly
set at defiance, that the respect for
it which should be its chief support
will become more nominal than real,
and perhaps be replaced by disregard
and contempt. Ii they look on with
unconcern while such ali act is taking
place, il they give no aid when steps
are being taken for the punishment OF
he participants, condition of public
'nsensibility to this class of offences is
likely TO be brought about, the result OF
which is that whenever the community
is excited, and therefore specially in
need of legal restraint, the law is found
to be powerless.
If every citizen who thus counte-
nances or refuses to aid in REFRESHING
crimes of this nature would consider a
quences of his action or of his failure to
act, he might perhaps come to appreciate
the serious nature of his fault and to
understand how little he would himself
deserve the protection of the law if
some mob should select him as victim
OF lawless violence.
GOVERNOR ALTGELD's CONTENTION.
Abiding to the contention of Cover
nor Altgeld of Illinois, that the Prcsi.
dent had no right to send Federal troops
into the State until asked to do 50,
Judge Cooley said: No doctrine exactly
like this had before been advanced,
though there had always been political
parties, led by able statesmen, who ill.,
sisted upon strict construction of
national grants of authority, and of the
powers to be exercised under them.
We cannot admit that the position
taken is even plausible. 1t had no war
rant whatever in the Federal Constitu-
ton, which, on the contrary, is dis
tinctly against it, The President is TO
take care that the Federal laws be faith.
fully executed, and his doing SO is not
made to depend upon the will or con
sent of any one State. The duty is
specially and in the highest terms i'm
posed upon him. and in the perform.
ance of it he is subordinate to no State
authority. Yet if the views OF the gov
ernor were accepted as sound the mails
might De stopped ut Chicago, interstate
commerce broken up and the process of
the United States courts refused service,
unless the governor, when disorder was
dominant, saw fit to suppress it or to
call upon the Presidentto do so. Ii the
protest. Was Welded to il was conces.