The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-08-11


mans malienable rights; among
which. as said in the declaration Of
independence. are vlife, liberty and the
pursuit Of happiness Liberty as un-
derstood In this country means net
only the right of freedom from actual
seryitude. Imprisonment or restraint
hut the right of one to use his faeul-
ties in all lawful ways, to live and
work where he win and to pursue amy
lawful trade or business, These es-
sential rights OF life, liberty and prop
erty are not only guaranteed to the
citizen by the constitution of each OF
these several states. but the states
are bv the fourteenth amendment to
the constitution Of the United States
forbidden to deprive any person of any
lone OF them without due process 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 disregard
ed by officials desiring to accomplish
! that which 70 them seems good,
whether the power exists in them or
not. il becomes desirable to call at
ltention to the fact that the people in
whom all power resides. have seen fit,
through the medium of the constitu-
tion, to limit governmental powers
conferred and to say to departments
created by il: Thus far shalt thou
90 and no farther" To secure the ends
sought the people have by the consti-
tuition separated and distributed among
the three departments of government
the executive. the legislative and the
judicial-certain powers. and 1t is the
duty of those administering each de-
partment TO act as preservative rath-
er than destroy the potency Of the
Ico-ordinate branches Of the govern
lment, and thus secure the exercise Of
all the powers conferred by the people.
Thomas Jefferson, In letter to Will
liam C. Jarvis, touching the perpetu-
lity Of our institutions. written many
years after he had retired to private
life, said:
"If the three powers OF our govern
ment maintain their MUTUAL independ-
ence 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 powers not belonging to
them; statutes have been passed that
were expressly forbidden by the con-
stitution, and statutes have been set
aside as unconstitutional when 1t was
difficult to point out the provisions
said to be offended against in their
enactment. All this has been done
with good purpose, no doubt. but In
disregard. nevertheless, Of the fact that
ours is a government of laws, not Of
men, deriving it's Just powers from
the consent of the governed"
II we should have our government
continue during the ages to come for
the benefit of those who shall sue
coed US, we must ever be on our guard
against the danger of usurpation OF
that authority which resides In the
whole people, whether the usurpatlon
be by officials representing one of the
great departments of government, or
by body of men acting without a
commission from the people. Impa
tience Of the restraints Of law, as well
as Of its delays, is becoming more and
more manifest from day to day. With
in the past few years many instances
have been brought to our attention
where in different parts of our be-
loved country supposed criminals have
been seized and punished by mob
the fact that the con-
stitution of each state guarantees to
every person within its jurisdiction
that his life. liberty or property shall
not be taken from him without due
process of laws
In struggle between employers and
employees dynamite is said to have been
used by the latter, resulting in the |
loss Of life and the destruction Of |
property The perpetrators of this Of |
fense against the laws of God and man, |
and all others engaged in the conspir- |
acy with them, should, after due trial |
and conviction, have had meted out |
to them the most rigorous punishment |
known to the law. This crime, added |
perhaps to others, led to the formation |
Of committee of citizens that, with |
the support of the military authorities,
deport from the state without trial