Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1904-08-12


the power exists in them or not. II
becomes desirable to call attention to
the fact that the people. in whom all
power resides. have seen fit, through
the medium of the constitution. to
limit the governmental powers con.
ferred and to say to departments ere
ated by it, "Thus far shalt thou go
and no farther" To secure the ends
sought the people have by the consti-
tuition separated and distributed
among the three departments of gov
ernment-the executive, legislative
and judicial--certain powers and it
IS the duty of those administering
each department so to act as TO pre-
serve. rather than to destroy, the po-
tency of the coordinate branches of
the government, and thus secure the
exercise of all the powers conferred
by the people.
Thomas Jefferson. in a letter to Will
liam c. Jarvis. touching the perpetuity
of our institutions, written many years
after he had retired to private life,
said: IF the three powers of our
government maintain their mutual in
dependence of each other, it may last
long. but not so if either can assume
the authority of the other" 1t must
be confessed that in the course of our
history executives have employed pow
ers not belonging to them; statutes
have been passed that were expressly
forbidden by the constitution and
statutes have been set aside as un-
constitutional 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
purpose. no doubt. but in disregard
nevertheless, of the fact that ours is
a government of laws, not of men, de-
irving its Just powers from the con-
sent of the governed" If 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 dan
ger of usurpatiOn of that authority
which resides in the whole people.
whether the usurpation be by officials
representing one of the three great
departments Of government, or by
body OF men acting without commits
sion from the people
Impatience of the restraints of law,
as well as of its delays, is becoming
more and more manifest from day to
day Within the past few years many
instances have been brought to our
attention, where in different parts of
our beloved country supposed Grim
inals have been seized and punished
by a mob. Notwithstanding the fact
that the constitution of each state
guarantees to every person within it's
jurisdiction that his life, his liberty
or his property shall not be taken
from him without due process of law.
In a struggle between employers
and employees. dynamite is said to
have been used by the latter, result
ing in the loss OF life and the destruc-
ton of property. The perpetrators of
this Offense against the laws of God
and man. and all others engaged in
the conspiracy with them, should. aft
ar due trial and conviction, have had
meted out to them the most rigorous
known to the law This
crime added perhaps to others. led to
he formation of committee of citi-
zens that. with the support Of the
authority, deports from the
state, without trial. persons suspect
ed of belonging to the organization of
which the perpetrators of the dyna-
mite outrages were supposed to be
members. In both cases the reign of
law gave way to the reign of force.
These illustrations present some evil
dence of the failure of government to
protect the citizen and his property.
which not only justified the action of
your convention in this regard. but
made il it's duty to call attention to
the fact that constitutional guarantees
are violated whenever any citizen is
denied the right to labor. to acquire
and to enjoy property. or to reside
where his interests or inclination may
and the fulfillment of the
assurance to rebuke and punish all
denials of these rights, whether
brought about by individuals or gov
eminent agencies, should be enforced
by every official and supported by ev-
cry citizen. The essence of good gov
eminent lies in strict observance of
limitations, enforce
ment of law and order and rugged OPP
position to all encroachment upon the
sovereignty of the people.
The foregoing suggestions but en-
phasiZe our own and many other
forms of government. 1t has been well
said, in substance, that there are but
two powers in government. one the
power of the sword, sustained by the
hand that Yields it, and the other the
power of the law, sustained by an en-
lightened public sentiment The diff
ference in these powers is the diff
ference between a republic-such as
ours based on law and a written con-
supported by intelligence,
virtue and patriotism-and a mon
archy-sustained by force exerted by
an indiVifiiI1t uncontrolled bV laws