El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-10-19
the citizen.

the citizen.
inh sbitants of the Thirteen Colonies,
and the attendant conditions thereof
with the natives of the Philippines, and
their normal conditions, we shall
readily understand that the principle
of "Consent of the Governed" as
understood and applied by the founders
of our government, has no possible
the application of this principle to the
Filipinos is not only inexpedient, and
impracticable, but utterly impossible.
GOVERNMENT BY INJUNCTION.
The application of the principle
consent of the Governed" should be
made only in the case of people ft to
govern themselves.
Government by injuction,-thst is
by the judicial power of the country, is
essentially q government by force.
Yet such government is often justif.
ed blythe exigencies of particular
case, and is conducive to the orderly
administration of justice. In that
form of procedure which is termed
government by Injunction, and receiv-
ership, the judicial arm OF the govern
ment assumes jurisdiction of the sub
ject matter of a controversy, takes pos
session OF and cOnserves, any property
Interests involved. stays the hands of
all Iitigants, and then directs in
quiry into the merits OF the case with q
view of determining the matter in &C.
cordance with the rights of all parties
thereto, having interests to be af-
fected thereby, and of justice and
equity. Conducted upon legitimate lines,
the so-called government by injunction
is highly benefcent in its operation.
Now the status of affairs in the
Philippines may be likened to case
of government by Injunction. The
government of the islands was over
thrown and ite power destroyed by our
forces, and property rights as we'll as
the lives of the people of the islands,
were imperiled. Pursuant to the
treaty of Paris, our government assum-
ed complete and absolute sovereign
ty over the Philippines con-
frming by solemn treaty what it had
won by force of arms. By such action
our government assumed toward the
Philippines relation similar to that
assumed by court of justice when
called upon to exercise the extraordin-
ary remedy of Injunction and
receivership, or, in other words. q
government by injunction, or govern
ment by force. Following the proce-
with the remedy by injunction, and re-
ceivership our government has taken
possession of the Philippines, establish
ed q form of gOvernMent.-a military
government on account of an insurrec-
tion in the islands, is attempting to
conserve and protect the lives and prop
erty of the citizens, and will maintain
this status until the question of
the ultimate disposition of the
is ands is finally decided upon. In the
meantime the government is collect
ing evidence regarding the merits of
the case, just as court OF justice
would do under an application for an
Injunction, and when the evidence per-
tinent to the case ia all in then,
der judgment upon the merits of the
whole controversy. Pending the TAX
ing of evidence, the whole matter Will
remain ia statu QUO.
One of the fret things which court
OF justice attempts to do, on an appli-
cation for q receivership and an in
junction lie to bring the property in
controversy under its control and pos
session. By analogy our government
Ia attempting to secure complete pos
session of the Philippines, in order, to
administer upon the same, when final
Judgment Ia rendered.
The present policy with respect to
the Philippines is wise and statesman
like. We cannot make propers adjud-
icatiOn in the matter until we have
all the facts before us, until we know
what arc the conditions of the islands,
of the people, and their wishes, The re-
sources and possibilities of
the islands,--and, finally the
full measure of our responsibilities in
respect to them, and likewise to other
nations, and their subjects resident
there. Therefore, we shall hold pos
session Of the islands, maintain law
and order, protect and conserve the
lives and property of the people, and
stay the hand of all litigants, until the
evidence is all in, and then render
Judgment upon the merits of the whole
case. GEORGE A. RENHAM