Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1897-08-21
GOVERNMENT BY iNJUNCriON
MUST CEASE.

The action Of Judge jackson In en-.
Joining all help Cor the striking miners
In West Virginia Is arousing the indig
nation Of the American people every
where.
II Is the duty of the courts to inter.
pref the laws. 1t is their duty. with the
assistance of turymcn chosen from
among those in private life. to try
those charged with infractions of the
law and to mctc out to those found
guilty such punishmcnts rs may be pro.
vided by law. 1t IL not their duty to
either make the laws or to provide pen
alties for attractions of the laws. That
duty belongs to the legislative branch
of the government. not to the judicial.
and the enforcement Of the laws, the
prevention of crime. the preservation
Of the pubic peace Is entrusted to the
executive. 1t Is the duty of the exec,i.
tive authorities. Federal. State and
| county. to preserve the peace In their
respective spheres. 1t L. their duty to
take steps for the prevention of crime.
and it Is not the right of the courts to
|
Those entrusted with the responsible.
| ity for the prevention of crime. those
whose duty II IL to- take steps to pre-.
vent one man or body of men from
trcspassing on the rights or property of
another. must he left free to take what
steps they consider necessary. 1t II for
them to decide what steps are neccs.
sary. not for the courts. For the courts
to assume this right. to assume the
right to direct the executive authorities
TO take this and that step for the
preservation Of the public peace ana the
execution Of the laws. for them to
override the Judgment of the executive
authorities as TO what steps are neccs.
sary and 10 direct the taking of steps
that. In the Judgment Of those specially
entrusted with the preservation Of the
public peace. II calculated not to pre-
serve the peace hut to excite passions
incite to riot and lead to Il breaking OF
the laws. Is n grave AMI dangerous
abuse Of judicial power. 1t IL nothing
less than "a usurpation of executive
power by the judiciary. And when the
courts go still farther In this habit OF
directing the executive authorities as
to the manner In which to fulfill their
dutics.and direct such authorities to de-
ny TO large bodies of our citizens rights
that have not been denied to them by
statute law. we have u usurpation Of
legislative functions by the courts ~
well. mn overriding of laws made by
the legislature with court made laws
Such exercise. by the courts. Of u pow.
or that II denied to them. II IN infrac.
ton of the law. u breaking of the law
by the courts. even though the courts
decree It not to be.
All rights that nre not specifically
surrendered by our people. through,
their representatives. to the Federal or
State or municipal governments. to be
exercised by such central authority for
the common wenl. are reserved to the
individual. Rights that the individual
or the majority Of individuals have not
voluntarily surrendered to u common
authority cannot In denied to the indi.
vi,lual. No court can rightly deny to
our people rights they have not denied
themselves. For the courts to do NO II
u usrrpatiOn. such II the theory Of u
government Of. by and for the people.
II the courts are left free to deny the
right OF men to exercise rights that
they have never delegated and hence
IRE inherent In the individual. we have
u government by the courts and those
influencing the courts. not govern.
ment by the people. 1t should he re-.
membercd that all powers vested In the
courts are derived from the people. that
powers that have not been granted can
not be rightly exercised by the courts
or the executive. To do no II usurpa.
tiOn. for rule by 'tlivlne right" IL not
recognized In America--at least not
recognized In the constitution we estah.
lIshed for ourselves.
UsurpatiOn Of executive and legisla-
tive functions by the courts. and hence
rule by the courts. means an approach
to rule by IN Oligarchy. a loss Of power
on the part Of the people to direct their
own affairs. for the further the Scr
wants OF the people happen to Inc re-
moved from the necessity of rendering
account to the people the more subject
do they become to the influence Of the
few. and the less subject to the infu.
cncc Of the many. And our judges. Of
all our servants. are most distant from
the people ana hence most subject tn
the Establishments Of Oligarchy.
Men are hut mortal, and the judicial
crmine cOnfers no perfection.
Woe to the Republic II the doctrine
gains acceptance that the courts can dO