The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-08-12

servitude. Imprisonment or restraint
but the right OF one to use his 1ac-
ulties in ali lawful ways. TO live and
work where he will and TO pursue
anv lawful trade or business. These
essential rights OF lie. liberty and
property are not only guaranteed to
the citizen by the constitution OF each
Of the several states. but the states
are bv the Fourteenth Amendment
to the Constitution OF the United
States forbidden TO deprive any per-
son ni any OF them withoue due pro-
cess OF law.
Occasionally. by reason OF unneceS-
sary or impatient agitation for re-
forms. or because the limitations
placed upon the departments OF gov
ernment by the constitution are dis
regarded BY officials desiring to ac-
compliSh that which 10 them seems
good. whether the power exists IN
them or not. it becomes desirable to
call attention 70 the fact that the
people, in whom all power resides.
have seen fit. through the medium OF
the constitution. to limit the govern
mental powers conferred and to say
to departments created by ii: Thus
far shalt thou go and no farther.2
To secure the ends sought the peo-
pie have BY the constitution separated
and distributed among the thre de-
par1ments OF government-the eNecu-
tive. legislative and judcial-centain
powers, and it is the duty OF those ad-
ninistering in each department so to
act as to preserve. rather than to
destroy. the potency of the co-ordl-
nate branches OF the government, and
thus secure the exercise OF all the
powers conferred by the people.
Thomas Jefferson, in letter to
William C. Jarvis. touching the pee-
petuitv OF our institutions. written
many years alter he had retired to
private life. said: If the three pow
erS OF our government maintain their
mutual independence 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. eNccu-
tives have employed powers not be-
longing 70 them: statutes have been
passed that were expressly forbidden
bv the constitution and statutes have
been set aside as unconstitutional
when it was difficult 10 point ont 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 lis Just
powers from the consent Of the gov
erned." II we would have our gov
ernnent continue during the ages tc
come, for the benefit OF those who
shall succeed us. we must ever be on
our guard against the danger OF usur-
patton OF that authority which resides
in the whole people. whether the
usurpation be by officials represent
ing one Q; the three great Depart
mrnts OF government, or by a body
of men acting without a commission
from the people.
lrnpaticnce OF the restraints OF law.
as we'll 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
criminals have been seized an pun
isted by a mob, Notwithstanding the
fact that the constitution OF each
state guarantees to every person
within its jurisdiction that his bic.
his liberty and his property shall not
be taken from him without due pro-
cess OF law.
In struggle between employers
and employees. dynamite is said to