The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1896-10-23

Without federal union there must follow
anarchy, and without local self-govern-
ment there must follow despotism. Both
are destructive, not Only OF the liberties,
but OF the higher aspirations and possi-
bflitfes OF a people. The great civil war
sc. lied that We should rot have anarchy.
Ii remains to be settled whether we shall
be destroyed by despotism. II the presi-
dent can at his pleasure, in the nrst IN
stance, send troops into any city, town or
hamlet IN the country, or into any NUMBER
of cities, towns or bamlets IN the country,
whenever and wherever he pleases Gas IS
now contenGed he cam under the pretense
of enforcing some act OF congress, MS
judgment. which means his pleasure PC
ing the sole criterion, there can De no olI-
ference whatever in this respect between
the powers of the president and those OF
Emperor William or of the car OF Russia:
Neither of these potentates ever claimed
anything more. The question Is Wnetner
the local and state authorities should not
first be called to enforce the law and main
tain order. using for that purpose such
local agencies and forces as the law has
created, or whether he can ignore all these
and bring a foreign force and station IL IN
any community at pleasure. In TINS re-
spect federal civil officers and the federal
army do not stand on the same footing.
The federal civil officers always have acted
directly in the matter within their turisdic-
ton but the American people, as az other
free and intelligent people. are jealous OF
a central military power, hence great pre-
cautions have been taken to limit the use
of such power. and these limitations have
ALWAYS been recognized in this country,
eral so late as June Is. 1884 Again, the
constitution provides that the military
shall be subordinate to the civil authori-
ties and in all cases where state troops are
ordered ont thew are subject to the control
of the local civil authorities and act under
their direction. but the federal troops or
dered to Chicago i'm 1894 did not act under
anv civil officer. whether federal OF state.
According TO JudEe Cooley. Mr.. Glove
lard Csve the constitution new cenStrec-
ton This may be truN. hut ne staheed re-
r-r1ta ont n lp
did it.
Hopkins on the ground that = was rat
wal for him to want his ADMINISTRATION 10
demon s+rate its ability 70 do what prior
sdminlstra lions had done Pvt. however
this may be. be IS TOW worFing Tor me
election Of NcEinlev fv irving to defcnt
tie democratic candidate let the Nc
Kinlev orators abuse him n thev like.
Government by Injunction.
THE immortal Jefferson, after having
written the Declaration OF independence
and helped to launch the new republic,
watched the operations of the new govern
ment for years ana with vision that was
prophetic. wrote the following
1t has long been my opinion, and
have never shrunk from it's expression,
that the germ of dissolution of our federal
government is in the constitution of the
federal judiciary. an irresponsible body
working like gravity. by day ard by night.
gaining little to-day and a little to-mor-
row and advancing its noiseless step like
a lHleI over the nSli OF lullSQlCtlOn until
all shall be usurped from the states and
the government of all become consolidated
into one. To this / am opposed, because
when all government. domestic and for
eign, in little and in great things shall be
drawn to Washington as the center of
all power, IL Will render powcTless the
checks provided of one government on an
other and will become as venal and OPP
pressive as the government from which
we separated
See how accurately he located the danger
and described the future. | have not the
time TO point out the alarming encroach-
ments and usurpations of the federal courts
since the days of Jefferson. ! will only cali
attention to their most recent and astound-
ing pretension and usurpation Of power.
During the last decade they have estab-
Hshed a form Of government which is
government by injunction. under which
the federal judge becomes at once legis-
lator Judge and executiouer Sitting In
his chambers. and without notice to any
body, he issues a ukase, which he calls an
In junction, against all the people of
state, forhidding anything that he sees 1T
TO forbid and which the law does not forbid,
for when the law forbids q thing there IS
no need of an Injunction. When the law
IS violated provision has been made for
punishment, and If 1t is found at any time
TO he inadequate ii can always be remedfed
by legislation. But by this injunction the
judge can forbid anything which within.
prejudice or caprice may suggest and his
order is law and must stand until IT is
reversed by a superior authority. and this
any individual disregards this Injunction,
he is arrested by the United States marshal
and dragged TO the point where the court
Is held, sometimes a distance of 100 or $50
miles away from his friends on a charge
not Of committing crime. not of violating
the law. but on a charge OF being guilty
Of contempt OF court that Is of having
disregarded the Judges injunction and
he is tried, not by jury. as guaranteed by
the constitution and laws OF the land,
not according to the forms Of law even
a IA I'll Cd hlTf ha i,t1c
dignity he Is charged with having Offend
ed, ard then he Is sent to prison Indefinite
". Had he committed murder or a
heinous crime. had he violated the law
in fragrant manner, he would have been
entitled to he tried by jury according
to the forms Of law. and in the country
where the offense was committed and
where he could procure his witnesses b,,t
not so when he IS guilty of showing a want
or respect for the order Of fudge which
was made outside Of the law and in viola
ZION Of the constitution. When the sui
tan Of Turkey or the car OF Russia fssres
q uFasa forhtddine something that the
NV had not forbidden he at least leaves
the task Of irving those who are CHARGED
WIN dtsrePar0'ng the ukasa to some other
'nd'vinnal. Con- non decencv and com
mon Justice would suggest such course
hut In our country a federal fudge as
Sur9es to do things witch would he dis
cofr0tenapoed even IN Pf,esia or Ti,rl-o,-
Judge Ross, of California, issued an in
Junction compelling the employees OF a rail
road 10 80 TO work. Think Of a judge Iegis-
lating that way. When an individual has
an ennploye who won't work he discharges
him, but this judge ordered railroad en-
ployes sent to jail If they did not 20 to
work. He undertook to run railroad, and
Just sat down and made law TO suit him
lie legislated, judged and executed The
constitution, the law, trial by jury and the
rights or the citizen were all brushed aside
by this federal judge. During the railroad
strike of 1894 Judges Wood and Grosscup,
in the United States court at Chicago is
sued number of these iniunctions. which,
in 50 far as they forbade what the law
forbade, were unnecessary, and in so ia IN
as they forbade what the law did not for
bid, amounted to new legislation. After
they were issued the farce was enacted of
having an officer attempt TO read them
to mob, which, under the circumstances,
could neither hear nor understand them,
and the United States marshal at Chicago
swore in 400 deputy marshals for the pur-
pose OF enforcing these injunctions. Some
of these injunctions were obtained as early
as June % and June 80. number of days
ahead Of any trouble, yet as a preventive
they were total failures and accomplished
nothing. The trouble kept spreading and
growing just as If there had been no in
functions. According to their own state
ments the United States marshals arrested
about $50 men on a mere charge of being
guilty of a contempt of court, and these
had nearly all to be discharged after hav-
ing been dragged to the court, because