Bisbee daily review., 1904-08-11

These essential rights of life, liberty and property are not only guaranteed to the citizen by the constitution of each of the seversl states, but the states are by the fourteenth amend ment to the constitution of the United Sates. forbidden to derive any person of any one of them without due pro- cess of law.
 Occasionally. by reason of unneces- sary or impatient agitation for re- forms or because the limitations plac- ed upon the departments of govern ment by the constitution are disre- garded by officials desiring to accom- plish that which to them seems good whether the power exists in them or not. it becomes desirable to cali att tention to the fact that the people in whom all power resides. have seen fit. through the medium of the con- stitution. to limit governmental pow CTS conferred and to say to depart ments created by it: Thus far shalt thou go and no farther" To secure the end sought the people have Ly the constitution separated and distributed among the three depart ments of government-the executive. legislative and judicial-certain powers. and it is the duty of those ad- ministering each department so to act as to preserve, rather than to de- stroy the potency of the confederate branch of the government and thus secure the exercise of all the powers conferred by. the people.
 Thomas Jeffercon. in a letter to William C. Jarvis. touching the per petuity of our institution. written many years after he had retired to private life. said:
 If the three powers of our govern endence of each other it may last long but not so if neither can assure the authority of the other"
 It must be confessed that in the course of our history executives have employed powers not belonging to them: statutes have been passed that were expressly forbidden by the con- stitutfon. and statutes have been set aside as unconstitutional when it was difficult to point out the provisions said to be offended against in their enactment; all this has been done with a good no doubt. but in disre- gard. nevertheless of the fact that ours is a government of laws. not of men. deriving its just powers from the consent of the governed.
 We would have our government continue during the ages to come for the benefit of those who shall succeed us. we must ever be on our guard against the danger of usurpation of that authority which resides in the whole people whether the usurpa- ton be by officials representating one of the great, departments of gov ernment or by a body of men acting without a commission from the peo- pie. Impatience of the restraints of law. as well as of its delays, is becom- ing more and more manifest from day to day. Within the past few years many instances have been brought to our attention wherein diff ferent parts of our beloved country supposed criminals have been seized and punished by a mob notwithstand- ing the fact that the constitution of each state guarantees to every person within its Jurisdiction that his life, his liberty or his property shall not be taken from him without due pro- cess of law.
 In a struggle between the employ CTS and the employees. dynamite is said to have been used by the latter resulting in the loss of life and the destruction of property. The per petrators of this offense against the laws of God and men and all others engaged in the conspiracy with then should. after due trial and convic- ! ton, have had meted out to them ths
 most rigorous punishment known tc the law. This crime added perhap. to others led to the formation of |; committee of citizens. that with tn
 support of the military authority de ports from the state, without trial persons suspected of belonging to thu organization of which the perpetra
 tors of the dynamite outrages wer' supposed to be members. In boti leases the reign of law gave way to thu reign of force. These illustration present some evidence of the failur'
 of government to protect the citizei and his property, which not only jus
 tified the action of your convention il
 this regard but made in it to call at tention to the fact that the constitu
 ionaI guarantees are violated when
 ever any citizen is denied the right t' i ldDOT, lO dCQuift lO ciyOS PAOp
 erty or to reside where his interest
 or inclination may determine; an
 the fulfilIment of the assurance t
 rebuke and punish all denials of thes
 rights, whether brought about by in
 dividuals or government agencies should be enforced by every officia
 and supported by every citizen. Tn essence of good government lies il
 strict observance of constitutions
 limitations, enforcement of law am , order and rugged opposition to al encroachment upon the sovereignt : of the people.
 The foregoing suggestions bu emphasize the distinction which exist between our own and many othe } forms of government. It has bee l well said, in substance that there ar r but two powers in government, on