Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-08-27
SLOWLY SLIPPING AWAY
Are the Once Inalienable Rights of . Sow
ereign People-Dangerous Extensions OF
the Powers OF Federal Courts.

Are the Once lnauenaDle hi8nto Oh = Sos-
ereign Peopie-Dangcrous Extensions OF
the Powers of Federal Courts.
Charleston Gazette.
If the courts Of the United States
are capable of operating railroads,
mines and other great industrial con-
Germs, it furnishes a strong argument
in favor Of government ownership Of
railroads and telegraph lines.
1t cannot have escaped the observa-
ton of any intelligent person that there
is a steady and persistent drift in the
direction Of aggression by the United
States courts. Why a United States
Judge should feel called upon to in
terfere between mine operators and
their laborers in the State Of West
Virginia, for instance, which has
courts Of its own, is not within the
reach of ordinary understanding. But
the aggressions of the United States
courts are not greater or more Often
sive in this State than elsewhere.
Although the question: ,of States
rights was submitted to the test Of
war. the question has never been def
nitely settled.
A comparatively new practice has
come into vogue Of late years in the
Federal courts that raises the ques-
ton of the right of sovereign States
to regulate their affairs in their own
manner, more conspicuously than did
the occurrences that led TO the bloody
war thirty-six years ago.
For a while the Federal courts is
sued injunctions restraining individu-
ais. In the Debs case the injunction
enjoined all mankind from interfering
with a certain railroad. Since then
various cases analogous to the Debs
case, only of less notoriety, have paved
the way for still further extension
of this assumed and dangerous power.
And now comes a Federal judge and
enjoins the sovereign State Of Kansas
from bringing any suit against the
Mutual Life Insurance Company in the
courts Of the State. 1t seems that this
company refuses to comply with GER
tain laws Of Kansas, and that the COM
missioner Of insurance and attorney
general are taking steps to proceed
against it, in the State courts Of Kan
sas. This the Federal judge forbade.
It simply means that Kansas shall not
settle matter Of difference existing
between itself and a corporation doing
business within its borders. Now II
the State Of Kansas can be enjoined
in the matter, why cannot the court
enjoin the State from executing any
other or all other functions? Laws Of
a State are often unjust and often in
compatible with the constitution Of the
State or United States. In that event,
the proper method is a resort to the
courts Of the State, and the final set
Element in the courts OF last resort.
In Texas a Federal judge has enjoined
the State railroad commission from
enforcing its new cotton rate. Grad
ually. but surely, we are drifting away
from our mornings; already citizens
are incarcerated in prison without the
right of a trial by jury; citizens are
forbidden the right to meet in public
gatherings and discuss their griev-
ances; the right of free speech guar
anteed by the constitution of the Uni
ted States, and by the constitutions Of
all the States, is forbidden by some OBJ
scure judicial tyrant
The liberties of the people are never
taken by one fell swoop-but gradually
step by step, as creeps the thief in the
night, does despotism come upon an
unwary people. In the dim but not
distant future, if the assumed powers
Of Federal courts are not curtailed, we
will find this entirely a government
by injunction, in which the Federal
judges will be the despots, with mil
itary force to carry into execution
their DEGREES.
In this connection it is proper to OBJ
serve and take note of the lawyers
who are contributing their influence
and intellect to the steady destruction
of government by the people. Let
them be watched and branded. The peo-
pie should hold them aloof as public
enemies The lawyer who encourages
government by injunction should never
be honored or trusted by the people.
-O-