The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-08-07
IN CLEMENS OLD VEIN.
His DenunciatiOn of Federal
Judge Williams
Shows That He Is as Fiery as
Ever on Occasion.
The Supreme Court Reporter Writes
a Piece About Federal Interior
ence With Kansas Laws
State House News.

G. G. Clemens supreme court report
er, in addition to his views published
last night on the decision of Judge VII
nams in relation to the Kansas insur-
ance laws, has written the following
statement:
1.-The darkest hour of the night is
the hour before dawn says an old
proverb which finds frequent illustra-
ton in the pages of history, and trust
the recent usurpation of Judge Williams
may give us ere long a modern in
stance I see not how the usurpation
of the federal courts can go any furth-
err; he has reached the limit; and If his
usurpation be not resisted with all the
force the state of Kansas can command
by arms, if it should require them
there is an end of state governments.
If such a power as Judge Williams
has assumed to exercise is to be tolera-
ted, then there are no sovereign states
any more, but only portions of territory
convenient for voting and taxing pur-
poses. Neither are there any longer
any constitutional limits to the powers
of federal judges, but they may do pre-
cisely what they pleaSe-SO long as it is
done for and not against a corporation
or very wealthy citizen.
1.-The federal constitution was amend
ed for the express purpose of forbid
ding federal courts from attempting to
take jurisdiction of suits against states,
and the supreme court of the United
attorney general of a state to enjoin
him from prosecuting suits in the courts
of the state and in it's sovereign name,
is a suit against state within the
meaning of this prohibition. The de-
cision was in a case differing from this
in no important particular whatever,
and the supreme court declared I'M
prisonment of the attorney general for
contempt of the injunction without
authority of law; yet a federal judge
repeats the unlawful proceeding. He
did it, too, with every circumstance of
contempt for so insignificant thing as
a mere sovereign state has come to be
in the estimation of federal Judges, who
seem to be under the impression that
they are running the universe as at
least deputy God Antiquities.
would Judge Williams have granted
an injunction against a railroad COM
pany, or against this insurance COM
pany. without notice and chance to
be heard? Who believes it? If he had
done so under the same circumstances
as existed in this case he would have
been impeached, and would have de-
served to be. For why was notice not
given? Was there such pressing
emergency that the case could not have
waited till the November term of court
in Kansas, or at least for a few days?
What was to be enjoined? Prosecu-
tons not yet begun nor contemplated,
and which, if begun, could not possibly
have reached a point harmful to any
body for several weeks. There was no
immediate danger of serious injury to
any person whOmsoever-As to the sup
erintendent of insurance, he had done
all he could do. and the injunction does
not try to make him undo it; the only
possible effect of the injunction is to
forbid prosecutions not yet begun. There
was no excuse for proceeding without
notice, and as if granting an injunction
against a sovereign state was a mere
half hours recreation at fashionable
watering placei
Il am glad of it. I hope it will be-
come apparent that the battle is not be-
tween the people and rich scoundrels,
but between the people and the pro-
tectors of rich scoundrels The federal
courts must go. They cannot be re-
formed, for they were born that way.
AS remarked of Indians-the only good.
federal court is a dead one. You can't
deodorize a skunk without needing to
be deodorized yourself when you get
through. The people must not be de-
moralized by attempting to reform the
federal courts. The only thing to do
is to abolish them.
Nobody but men seeking to plumber
the people in peace need a federal court
For all legitimate purposes the state
courts are ample, and they certainly