The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1904-08-10
ALTON BROOKS PARKER.

without que process OF nav.
Occasionally. by reason OF unnecessary
or impatient agitation for reforms or be-
cause the limitations placed upon the de-
partments of government by the const-
tuition are disregarded by officials desir-
ing TO accomplish that which TO them
seems good, whether the power exists in
them or not, Il becomes desirable to call
attention 10 the IaCt rnat 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 created
by II, Thus far shalt thou go and no
farther" To secure the ends sought the
people have by the constitution separat-
ed and distributed among the three de-
partments of government-the executive,
legislative and tudicial-oertain powers,
and II Is the duty of those administering
each department 80 TO act as to preserve
rather than TO destroy the potency Of
the coordinate branches Of the govern
ment and thus secure the exercise Of all
the powers conferred by lie people
Thomas Jefferson in a letter to William
c. Jarvis touching the perpetuity Of our
institutions. written many years after he
had retired to private life, said, III the
three powers OF our government maintain
their mutual independence Of each other
it may last long but not 80 # either can
assume the authority Of the other" II
our history executives have employed
powers not belonging 10 them. Statutes
have bsen passed that were expressly for
hidden by the constitution, and statutes
have been set aside as unconstitutional
when It was diffioUlt 10 point ort the pro-
visions said 10 be offended against In
their enactment. AL 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.
deriving IT'S '.tlst powers from the consent
of the governed" If we would have our
government continue during the ages 20
come for the benefit Of those who shall
succeed us we must ever be on oar guard
against the danger of usurpatton Of that
authority which Eesidss in the whole peo-
pie, whether the usOTpation be by OFF,
Gals representing one Of the three great
departments of government or by a body
of men acting without commission from
the people.
Impatienee of the restraints Of law as
well as OF IT'S delays Is becoming more
and more manifest from day 10 day.
Within the past few years many instances
have been brought 40 our attention where
in different parts Of our beloved country
supposed criminals have been seized and
punished by a mob Notwithstanding the
fact that the constitution OF each state
guaraDtsss 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 stSngg1e bstOsen employers and
employees dynamite Is said TO have been
used by the latter resulting in the loss OF
life and the destEDction OF property. The
perpetrators of this offense against the
laws of God and man and all others en-
gagged Ia the conspiracy with them should,
after due TRIAL and conviction, have had
melted ont 10 than the most rigorous pun
ishment known TO the law This crime.
added perhaps 20 others. led 20 the forna-
ton Of committee Of citizens that, with
the support OF the military authority, de-
ports from the state without trial persons
suspectsd OF belonging to the organiza-
ton of which the perpetrators Of the dy-
Mantle outTages were supposed to be
members. In both cases the reign of law
gave way to the reign Of force. Rhese
Illustrations present some evidence 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 II its duty 10 call
attention to the fact that constitutional