Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1895-01-17

jurisdiction 81 this aimieht, Judiciary, emo
Officers OF a bank, says the commiauiOnorin
his report "surmlslng from the critical exam
inatiOn made BY tile cOmmi sniOnef that appli-
cation would be made by MIN for the appoint
mont OF receiver, proceeded 10 mako applich-
ton In the federal court and secured the APP
pointment OF Q receiver, whose bond had been
prepared In advance, and who was installed
as such receiver by telegraph" This was done
without notice 10 the bank commissioner
under whose supervision the state supposed
II had placed It's banking institutions. Dur
Ing the great railway strike OF the past sum
mef tho federal courts usurped the power
which the constitution OF the United States
vests exclusively In the executive and legisa-
tive departments Of the government, and,
under their own direction recruited, armed
and turned loose TO overrun the state OF Kan
Has, a military force subject to neither the
president OF the United States nor the goT.
ernor OF Kansas, but to the federal Judiciary
alone, They we're called deputy marshals, but
were 70 engage In no service for which any fees
have boon liked by congress, and hence their
receipt OF any compensation whatever was
crime for an act OF congress expressly pro-
vides that "the following and no other com.
pensnti0n shall BIO taxed and allowed" 10 the
United States marshals, aud therefore fixed
specific fees for specific services. Any charge
for any service not so specified must be lille.
gal The obvious fact was that those men,
armed with Winchester rifles, were not ap.
pointed TO perform any duties as deputy mar
shals, butwere distinctly understood TO be
under judicial sanction, as The mercenary 70.
tainers 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 moro
consideration than were the governors OF the
confederate states b they generals OF the con-
foderate army coming for the avowed purpose
OF subjugAtion In time OF war II was
what Gerry protested In tho constitutional
convention when the proposal was made to
allow II; II was letting loose the myrmidons
OF the United States on u state without Its own
consent" Worse than that, for tho horde OF
alleged deputy marshals was the dawn OF ju'
dicial usurpation. IL has been hitherto sup.
posed that armies are TO be raised by the leg
islature and commanded by the executive dc.
partments OF government; and that courts
having heard and decided, the executive Is
charged to see that the laws are enforced II
a federal Judge may raise force OF ten men,
he may raise force OF 10000 and arm and
command them for II tho power exists, he
alone Is the judge OF the extent TO which II
shall be exercised, This Is not q partisan
matter but a patriotic ono, and a protest
should be made against these usurpations In
language so plain and so emphatic that Ii
shall be understood by congress- To excite
prejudice and drown the voice OF patriotism,
those benefited by these outrageous indigni-
ties to sovereign states, had recourse to the
suggestion that the doctrine OF states rights
went down in the civil war; Arc we to under
stand then, that the states are no longer SOW
erelgn as to their own territory and their own
internal affairs? Are they to the government
at Washington only as wards TO city, The
doctrine disposed Of by the fortunes OF war
was the right OF state to secede and assume
to be independent of the Union; to throw of
its allegiance to the federal government. The
doctrine OF internal state sovereignty was not
invalldated. On the contrary, the reconstruo-
tion acts proceeded upon the theory that the
victorious Union was made up, not OF con-
solidated people, but Of sovereign states.
Regardless OF party, Gil true loyal citizens
OF the commonwealth that venerates Brown
Of 0sawattomie, and treasures In its histori-
cal society collections the remembrancos OF
other days when federal troops over-run lts
soil at the behoof Of another oligarchy, should
speak so vigorously that the dullest official
ears shall hear, and understand that no such
indignities will be tolerated In the future.
The message closes with tho oft told story Of
the Legislative contest of 1893, summing it all
up with this:
So ended the conflict OF the people against
their masters-for time. The retiring exec
utive has not changed his opinion as to the
merits Of the controversy, OF the proprlety OF
his own acts, nor of the character OF the su.
pIeme court decision. The episode VIII be-
come historic as the Bunker Hill Of the con-
flct between man and mammon; BY history
the executive is willing to be judged. When,
as CORVALLIS approached TO surrender his
sword, the victorious continental army broke
"Let posterity cheer for you" The retiring
executive will let posterity Judge his admins
ton.
With the earnest hope, gentlemen, that your
acts at the present session may prove peneh-
cial to the whole people, and with charity
toward all and malice toward none" l bid
you adieu. L. d. LEwELLING,
Governor.