The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-10

the guilty; the encoura cement of in
dustry, economy and thrift; the protec-
ton of property and a guarantee of the
enforcement for the benefit of all of
mans inalienable rights, among which,
as said in the declaration of indepen-
dence, are life, liberty and the pursuit
of happiness" Liberty as understood
in this country means not only the
right of freedom from actual servitude.
imprisonment or restraint but the
right of one to use his faculties in all
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 con-
sttutiOn of each of the several states,
but the states are by the fourteenth
amendment to the constitution of the
United States forbidden to deprive any
person of any one of them without due
process of law.
All Power in PeopIe.
Occasionally. by reason of unneces-
sary or impatient agitation for re-
forms, or because the limitations
eminent 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 the governmental
partments created by it: THUS far
shalt thou go and no farth err" To
secure the ends sought the people
have by the constitution separated and
distributed among the three depart
ments of government-the executive,
Legislative and judicial-certain pow
ers, and it is the duty of those admin
istering each department so to act as
to preserve, rather than to destroy,
the potency of the coordinate branch
es of the government and thus secure
the exercise of all the powers con-
ferred by the people.
Thomas Jefferson. in a letter to Will
liam c. Jarvis. touching the perpe-
tuity of our Institutions written many
years after he had retired to private
life, said: IF the three powers of
our government maintain their mu-
tual 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 executives have en-
plOyed powers not belonging to them:
statutes have been passed that were
/ expressly forbidden by the constitu-
ton and statutes have been set aside
as unconstitutional when it was diff
cult 10 point out the provision said to
be offended against in their enact
ment; all this has been done with a
good purpose. no doubt. but in diSre-
| gard, nevertheless. of the fact that
/ ours is a government of laws, not OF
men, deriving its 'just powers from
/ the consent of the governed" 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 au-
4 thority 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 commits
sion from the people.
| Impatience of the restraints of law,
as well 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 criml-
/ nails have been seized and punished
by a mob, Notwithstanding the fact
that the constitution of each state
| guarantees to every person within its
/ Jurisdiction that his life, his liberty or
his property shall not be taken from
| him without due process of law.
The Colorado Situation.
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 perpetra tors of this offense against
/ the laws of God and man, and all 9TH
| ers engaged in the conspiracy with
/ them, should, after due trial and con-
/ victiOn. have had melted out to them the
l most rigorous punishment known to the
/ law. This crime, added perhaps to 9TH
ers, led to the formation of committee
of citizens that, with the support of the
military authority. deports from the
/ state, without trial, persons suspected
/ of belonging to the organization of
which the perpetrators of the dynamite
outrages were supposed to be members
/ In both cases the reign of law gave
/ way to the reign of force These il
Z lustra tionS present some evidence of the
/ failure of government to protect the
/ citizen and his property, which not on
\ ly justified the action of your conven-
! ton in this regard, but made it it's duty
to call attention to the fact that con-
Stitutional guarantees are violated
| whenever any citizen is denied the right
I to labor, to acquire and to enjoy pro-
perty, or to reside where his interests
/ or inclination may determines; and the
I ful1llment of the assurance to rebuke
and punish all denials of these rights
whether brought about by individuals
/ or government agencies, should be en-
forced by every official and supported
/ by every citizen. The essence of good
government lies in strict observance of
constitutional limitations. enforcement
of law and order and rugged opposition
to all encroachment upon the sover-
eighty of the people.
The foregoing suggestions but empha-
size the distinction which exists be-
tween our own and many other forms
of government. 1t has been well said
In substance, that there are but two