Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1904-08-12

Of law.
Occasionally, by reason o; unnece ssary
or impatient agitation for Re reforms, or
because the Limitations are disregarded
by officials desiring to accom- rlish thnt
which to them seems good. whether
the power exists i'll them or not, it be
comes desirable, to call attention to the
fact that the people i'll whom all power
resides, have seen tit, through the me-
dunn Of the Constitution to limit gov
ernmental powers conferred and Ia say
to the de partments created by it, Thus
far shall thou go, aud no farther" To
secure the ends sought the people have
by the Constitution separated and dis
tributed among the three departments
OF the government--tLr executive. ltgis.
lative and judicial certain powers, and
it is the duty Of those administering
each department to act So us to preserve
rather than desire! the potency Of tine
co.crdiGutc branches Of the government
and thus secure the exercise Of all the
powers conferred by the people.
ThOmas Jefferson Ill Il letter 10 Will
liam &. JARVIS, touching tie perpetuity
Of Il institutions, written many years
after he had retired to private lie,
said:
III tie three powers OF our govern
men: maintain their mutual ~indepen-
dencc OF each other 1t may last long, but
not so il either can assume the authority
Of the other.
1t must be confessed that in the
course Of our history executives nave
employed powers not belonging 10 the
statutes have been passed that were cx-
presslY forbidden by the Constitute
and statutes have sc, aside rs uncon.
stitutioual unit! II was difficult to point
ont the provisions said TO be offended
against in their enactment, all this has
been lone with a good purpose, no
doubt, but il disrc gard, ucvcrtht less, Of
the fact that Oura Is Il government OF
laws, not OF men, deriving It's lust pow
crs from the consent o: the governed
We "ouAb LhNc our EbNtELlltDI
continue during the eGes to come, for
the benefit Of those who shall succeed
US, We must ever be on our guard
against the danger o! usuraptiuh. OF that
authority which restless Ill the whole
people. whether the u=uraplioD be 10y
officials representing orc OF the great
departments Of government or a body Of
men acting without a commission f,om
the people Impatience Of the restraints
Of law, as well us Of its delays, is becom-
ing more aud more manifest from day To
day. Within the past few years maUy
Instances have been brought to our at
ten'i"n where in different parts q, our
beloved country supposed criminals
have been seized and punished 10y a
mob, Notwithstanding the fact that the
Constitution Ct each State guarantees to
every person within it's jurisdiction that
his life. liberty or property shall nos he
taken frem him without due process OF
law.
In n struggle between employers and
cmplpyccs-dynamitc is said to have
been used by the latter, resulting IN the
loss of life and the destruction Of prop,
erty. Tho perpetrators OF this offence
against the laws OF God and man md al
others engaged III the conspiracy Will
them should, after due trial and conyic,
ton, have had mctch out to them the
most rigorous punishment known to the
Law. This crime added perhaps to others
led to the formation Of IA committee oil
citizens, that with the support Of the
military authority dcports from the
state, without t1al, Persons suspected
OF belonging TO the organization ot
which thc perpetrators Of the dynamite
ouiragcs were supposed to be members
In both cases the reign OF law gave way
to the reign Of force. These illustration.
present some evidence OF tho failure OF
government to protect tho citizen and
his property, which not only justified the
action OF yorT convention III this REGARD
but made it its duty to call attention tc
the fact that constitutional guarantee
are violated whenever any cit lien is
denied the right To labor, to acquire and
to enjoy property or to reside whcr,
bis interests or inclination may deter,
mine; ind tho fuliillmcnt OF the as.
surancc To rcbulr mud punish all de.
mails az these rights. whether brought
about by individuals or government
| n.,,,l,..- tL-.,t1 L. $500