The advocate., 1895-01-09
and detailed statement is therefore unnec-
essaPY here,
TRANPa,

Increased Within decade, and 1t Is now no
longer debatable that large number OF men
are out OF employment through no fault OF
their own. Yet our statutes In regard to va.
grants, enacted in the days OF our almost uni
Versal ignorance OF what is now. well known
savagely treat the merely unemployed poor ag
criminals for being. pennliess and out OF
work. In the condition Of industry at present
prevailing II never before, these provisions
seem almost diabollcal For this reason the
governor some months ago Issued circular
TO police boards directing them not TO I'M
prison men for poverty alone; TO 1mprison
them only for the commission Of some
actual crime when guilty OF IT, The
design was to enable men to travel
In search Of work without being arrested Tor
not having found 1t. The supreme court, or
majority OF the bench. has since decided that
these outrageous statutes are constitutional;
but might Is not always right; and for the
very reason that these statutes have been helo
valid they should at once be repealed or
amended. 1t is too true u the uniortpnste
poor that "the world is not their friend, nor
the worlds law"
FEDERAL RELATIONS.
Your attention Is directed to the increasing
tendency OF the federal courts to draw to
themselves entire administration OF ahalr5 OF
the states and to constitute themselves gem
ersl guardians OF the state governments. Ad-
mitting the sovereign power OF the state,
through its legislature, to fix rates OF trans
pOFtatiOn, the United States supreme court
has decided that, nevertheless, after the mem
beTs Of the house and the senate have dellner-
ated upon law fixing such rates and have
enacted 1t into law, with the approval OF the
gOyerner, o solitary judge sitting as federal
court may disregard the decision OF both the
legislative and executive branches OF the state
government and, 70" that matter, OF the judi
ciary department also, and substituting his
opinion for theirs as to whether the rates
| fixed are reasonable, may enjoin the enforce
ment OF the law. By appointing receivers for
railroad companies, the federal courts, con-
fsiSting usually, as l am informed, OF Out
single Judge, abolish as to such companies the
state government altogether The bank COM
missioner cites An incident which serves to
show the arrogant indecency OF some OF these
tribunals towards the sovereign states which
impudently keep up the appearance OF 1nds-
pendent government within the territorial
jurisdiction OF this almighty Judiciary. "The
officers OF bank" says the commissioner In
his report, "suTmising from the critical exam
lnation made by the commi 'sioner that Sppli-
cation wou be made by him for the appoint.
ment OF q receiver, proceeded TO make appllCa-
| tion In the federal court, and secured the ap-
pointment Of receiver whose bond had been
| prepared In advance, and who was installed
/ as such receiver by telegraph" This was done
| without notice to the bank commissioner
under whose supervision the state supposed
IL had placed It's banking institutions. Dur
| ing the great railway strike Of the past sum-
mer, the federal courts usnrped the power
vests exclusively In the executive and leglSla'
tive departments OF the government, and,
under their own direction recruited, armed
and turned loose TO overrun the state OF Kan
sas, a military force subject to neither the
president OF the United States nor the gov
ernor OF Kansas, but to the federal judiciary
alone, They were called deputy marshals, but
were TO engage In no service Tor which any fees
| have been fixed by congress- and hence their
receipt OF any compensation whatever Was
crime: for an act OF congress expressly pro-
Yides that 1.-The following and no other COM
pensation shall be taxed and allowed" to the
United States marshals, and therefore fixed
| specific fees for specific services. Any charge
| for any service not so specified must be ille-
| gal. The obvious fact was that these men,
\ armed with Winchester rifles, were not ep.
pointed TO perform any duties as deputy mar
shals, but were distinctly understood to be
combination OF policeman and soldier acting
| under judicial sanction, Rs the mercenRry re-
| talners OF certain railroad companies Engaged
| through their receivers In operating the fed.
eral courts. No attention whatever was paid
to the state executive. No request was previ-
ously made OF him for the assistance OF the
militia. The chief magistrate OF the soVer-
| eign state OF Kansas was treated with no more
| consideration than were the ,vernors OF the
confederate states b they generals Of the con-
federate army coming for the avOwed purpose
OF subjugation in time OF war. 10 was
what Gerry protested In the constitutional
convention when the proposal was made TO
allow II; IL was letting loose the myrmidons
of the United States on a state without It's own
consent" Worse than that, for the horde Of
alleged deputy marshAls was the dawn Of ju-
| dicial usurpatlon. 1t has been hitherto sup
posed that armies are TO be raised by the leg
tslRture and commanded by the executive de-
parlments OF governments; and that courts
having heard and decided. the executive Is
charged to see that the laws are enforced. II
federal judge may raise q force Of ten men,
he may raise force OF l0,0O0 and arm and
command them; for II the power exists, he
alone is the judge Of the extent to which IL
shlll be exercised. This Is not Q partisan
matter, but q patriotic one, and q protest
should be made against these usurpatlOns In
language 90 plain and so emphatic that lG
shall be understood by congress To excite
prejudice and drown the vol o Of patriotism,
those benefited by these outrageous indigni-
ties to sovereign states, had recourse to the
anRgaatinn that the dnctrlnh OF sLhlh,a rlRhts