Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-10

the cttcr. 81 -c-c- s-fcEc -.s tfc -:i::,-s *
Justice -.ic 700 E%cl.r:S.1 =. &C 4 tEc
..,rs,:; SS;. !; ~. "a ~ - -.
icc -a-.sa -I-e-t - r:>sc.T- c-a-. .:-i -
fcT-e I'll 49,. tE-.: --.-;;-r;: d--~',-? -,ii
zen. ak in iiar a.t;Ai E-l.is I; / 7'l al Ii.i
IL the alto. ass seHsi III ~ tn iIt.I ~;St,s
did not "ut.lur aId atNi'e u" .",li'N i.isI M.,>
pursued. II received his approval .,iic N,> var
ried out through his assistance.
Referring AGAIN TO s,rEcrT.i"rt Ivy irirnr-
r,,..iarLul,i,. ,.,,,e,s ON tie in,c:-ta.. ,rnnr,
law. This act trS~'Si ~ "''''l,'''s, ~r'n"
years Az" inr i!''' "ypr,~, I''ri'-"" ~ r' ''tI"E
~, the raiir,,l>. and particulars 81 projecting
the farmers and ihc Siiiliscr> "l the country
against ruiaous DETERMINATIONS. The rail
roads rcfuse> TO obey thi, law and ear
ried it into the federal courts. and these
same federal judges proceeded IL hold section
after section ri The law l." ir uuC"nsii
tuti.ial and they had absolutely destroyed il
for IN. iur,-r.e Tor which II wI> ,nI' ted and
had mai~ IT a. hs"ni,es1 a a desd r:i''''',
Then AFTER la irx thus pui!ired act ii ..n
sr-ss intended roi The ii"ir.ti" ~ the icSl'!-,
they TURNED around and made 81 Al II oluI wII,.
" hich To- break th- h..ts II the na-h ~ lao toll
with then hands n.e; WHOM '"iiltess did not
tLiuE ~ l-E.S.ating as alnst. t:ts.= II thee
judges have Ie.entl, held that the> Is,s the
power To make thee orders independently, ~
the Int.-I stale commerce las.
Coor:s of Chancery.
Another Innovation is The Operation t.. rail
roads 10y cnart~ oi chan.-rS. whereby court
carrie, vast l.Iisinc-~ "nt"rprI>-. NOT
simply for u short time. hut frequently for
wears. aud hy AN astounding r'-ti II ~ the line
of usurpat:uu Of power. III" i'IGaiJy ami the
sacred presence oi the court - SUPPOSED To eN-
tend over the whole line OF the road. and the
road is said to he not in the hands Of the re-
ceivers, rs other property Is IN the hands of the
owner, but ia the actual possession Of thu
court ana ANYTHING done TO the railroad Is
treated as contcnp. OF court IL You commit an
offense against railroad that i IN me hands 81
rtlts
where the o;fense is committed. trlca by
Jury. aud. il proven To be guilt. may hc sent
10 the penitentlary. But You 'i Iryna 90, On me
been robbed by spectators and then put into
the hands of a receiver - treezc ont some took
holders You viii lie guilty %. a contempt Of
spilc court sitting several hundred miles sway.
and YOU will lie liable to ", arrested ana ear
ri.i 10 wh-rt, il is there to ,~' tried. rot 10y
iury or "A diSiit.r,--t.d tribunal. bat Icy that
court who's. awful dignity Yea h;;y" offended.
If the. courts must 90 into the u'~ins-, "i nl-t-
:,tiny railroads. thea th.s'i. .Ib-:lIr' Hgtinn,
should l.- abandoned and the roads hri'! l" h'
in tn. hands ri the receivers Iu~t -, other rra,
are held Ia H.. III ia" hands al tnrr owners. /.
is i'll c,,nnecti.I with bankrupt roads In the
hands Of "A court that mnSt ~ th;. outrageous
orders or iuIunriirn~ We're i>,i!'i during the.
last two Years Th.>.. iniun"Ii"ir, us,iSid,.
al III. regular ma s'hin,ry oi government 80
far they outside the law they arr. usurra-
tons. and where not u>uil'afh'nN they are
wrong. for the constitution has created other
machinery 1" enforce the criminal law.
Courts of chanccry were not created for this
purpose. Further. they do no < '"d- In CHI
cago they were ssusd long iii advance OF any
serious rioting or disturbances; Yet they did
not prevent the burning ri "A sinsie freight car.
nor the ditching of 4 single train. Our country
has existed for more than "A hundred years.
Daring this time all orr greatness aud oar glory
has been achieved. Property has been pro
tected. and law ana order has been maintained
by the machinery established by the const!tu-
ton; this machinery has ut all times been found
to tie more than sufficient tor every emergency.
If both the constitution and our pasi experience
are now to be disregarded, aad the federal
courts are to he permitted to set up this new
form of government. then il will be equally
proper for the state courts to do 81. ana
shall soon have government by injunction from
head I" toe All Of the affairs "i life viii he
regulated. not by Law. but by tlH personal
pie istirc. prejudice or caprice of Il multitude of
Judge.
Formerly. when a man charged with con
tempt Of court He'd an aiiid.NIt inrglng him
self of the contemplated -. denying II tine
matter ended. exc pit III II me rlad ,r indicted
for perjury il he swor- u - Lee. But after TINS
pursine himself he could not L.. tried for con
tempt hy IT," very jutlSe VIII" disniiy he was
charged w:ih ii:,Nint. on"nr,t IN other words.
when man denied hi,. guilt Ia could not he
,.-ntenrrd /" prison without a trial by jury.
But this protection of The cit :.-l is NOW brushed
away.
Fedora, troops.
The placing OF ;'u.t.d State, IA, i i On .r.iSs
auiy IN th!ra;n un.,"r til" '"n"it'"ns that eX-
listed Their" .t>t SUMNER. ,r'--.if- Il question IT
ia" mot idr reaching inl'ri@I'l'. ..nd should
receive ia" most ls c.'lt~G I.-.-''u pf every
itils ana al every whD 'bI' Ill If''.
institutions ~ air,'ndy shown. The. were put
there witnodt calling tn. H. al authorities 10
enforce the law or making ANY inquiry As to
whether amy assistance WAS needed, and at =
time when til. local authorities l"l' they could
easily control the situaIiun. @n!r the dates
and In. facts show that II done this
for IlI'. urpSe al setting precedent Tor hav-
I'M. the federal government take The corpora
tion> under its immediate irp.er. ipi. the prln-
cipe involved IL much broader than even this
violation q. the con-t tuition. and runtcmplates
tine exercise OF power nat cannot exist IN har-
mpny VITA republican institutions. This act
WAS All entirely new dc'arturr IA the history of
our grVcrnmeht. ana - gica; constitutional
Writer 81 the country. "a COMMUNICATING the
president upon having taken tnis step. speaks
OF IL great step taken in constitutional
construction. and - thankful that 1t cost
little blulisned, thus practically stating tina:
this new dr:.risife WAS "a violation %; the con
siitution - u ,isld been understood Tor cen
fury. Th. old doctrine of state rights IL in no
way involved. EolnJdy for a. moment questions
tn. supremacy OF the Uniun. But II does III
volvc TIE '.ucstiLe whet:.cr IA connection with
federal Supremacy. there doe not 90 hand III
Land the prin'ipir %. local >'lt government
These two PRINCIPLES l. q. federal union and
local sell government have for - century been
regarded a. the foundation upon which the
glory of our whole governmental fabric rests.
One II jus; sacred. just inyIuiabie Just as
important IL tn. o;hcr. without federal union
there must follow anarchy, and without local
sell. government there must follow d'.spotism
Both are destructive not only OF the liberties
bat OF the higher aspirations ana possibilities
of people. The great civil war settled that
we should not have anarchy. II remains to lie
settled whether we shall Dr destroyed by des
poti,In II the president can at ms pleasure. IN
the first instance, seud troops INTO auy city,
town or hamlet in the country. or into any
number OF cities towns or hamlets whenever
and wherever he pleaSe., under pretense OF en-
forcing some. law. his judgment. which means
his pleasure. being the sole criterion, then there
can TIE no difference whatever ia thus respect
between the powers OF the president and those
OF Emperor William or OF the ear oil Russia
Neither OF these pOtenta:cs ever claimed any
thing more. IL Is not question a. To whether
the president must iir-t get the permission OF
local authorities before lac can interfere, but
the question = VA .iher the ,p"al and state au-
thorities should ii rsi ba call ID to enforce the
law and maintain p-de using for { lat purpose
such local agencies and forces a. the Law has
created or whether h. can i-snOr. all these aud
BRING a foreign force an station u IA an. com.
Inunify at pleasure. L. th,s respect federal
civil oiilcf'rs and tia ted RAJ army ~ not stand
ON the me footing Iha federal n IA onicers
always have acted diTe..il, IL tine nl!,Sers with
IN their jurisdiction but the American peJpio as
well a. all other free and intelligent people are
Jealous OF a central military power. hence great
precautions have been .sken to li;;.it the use OF
such power. and these limitations have always
been recognized i'll tins country, ana were
Recognized 10y tine attorney general - late a.
June ~. 1874. Again. the Constitution provides
tn [ the military shall be subordinate 10 the
cisi authorities. and IN ali cases where state
tf''1ii- az" ordered out tnsv are sub ct 10 the
IL tfle. 10 authorities