The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1904-08-11

only the right of freedom from actual
servitude, Imprisonment or restraint
but the right of one to use his fac
ulties in all lawful ways, to live and
work where he will and to pursue
any lawful trade or business. These
essential rights of life, liberty and
property are not only guaranteed to
the citizen by the constitutions of
each of the several states, but the
states are also by the fourteenth
amendment to the constitution of the
United States forbidden to deprive
any person of any one of them with
out due process of law.
Occasionally, by reason of unnec-
essary or impatient agitation for re-
forms, or because the limitations plac
ed upon the departments of the gov
ernment by the constitution are dis
regarded by officials desiring to ac-
complish that which to them seems
good, whether the power exists in
them or not, it becomes desirable to
call attention to the fact that the peo-
pie in whom all power resides have
seen fit, through the medium of the
constitution. to limit governmental
powers conferred and to say to de-
partments created by it: Thus far
shalt thou go and no farther"
ITO secure the ends sought the
people have by the constitution sepa-
rated and distributed among the
three departments of government
the executive. legislative and judicial
certain powers, and it is the duty
of those administering each depart
ment SO to act as to preserve, rather
coordinate branches of the govern
ment and thus secure the exercise of
all the powers conferred by the peo-
pie.
Thomas Jefferson, in a letter to
VIM. c. Jarvis, touching the perpetu-
ity of our institutions. written many
years after he had retired to private
life, said:
IF the three powers of our gov
ernment maintain their mutual in
dependence of each other it may
last long, but not so # either can
hn of
err
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
and statutes have been
set aside as unconstitutional when it
was difficult to point out the provis
ions 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 its just
powers from the consent of the gov
erned.
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 danger of usurpation of
that authority which resides in the
whole people, whether the usurpation
be by officials representing one OF
the great departments of government
or by a body of men acting without
a commission from the people. Impa-
tience of the restraints of law, as
well as of it's 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
criminals have been seized and pun
ished by a mob, Notwithstanding the
fact that the constitution of each
state guarantees to every person with
in it's Jurisdiction that his life, his
or his property shall not be
taken from him without due process
of law.
In struggle between employers
and employees. dynamite is said
to have been used by the lat
ter resulting in the loss of life
and destruction of property. The
perpetrators of this offense ag-
afnst the laws of God and man and
all others engaged in the conspiracy
with them should, after due trial and
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 a committee of citizens that with
the support of the military authority
deports from the state. without trial,
persons suspected of belonging to the
of which the perpetrat-