Bisbee daily review., 1908-07-29

contempt s,as charge is indirect. that is. out shall be a jury trial
 DANGEROUS ATTACK ON POWERS
 OF COURTS.
 This provision in the platform of lss5 was regarded then as a most dan gerous attack upon the power of the
 courts to enforce their orders ,apd de crees and it was one of the chief req sons for the defeat of the Democrats in that contest, as it ought to have been The extended operation of such a proYi- sion to weaken the power of the court m the enforcement of its lawful orders can hardly be overstated
 EFFECT OF JURY TRIAL.
 Under such a provision a reealeitrant witness who refused to obey a subpoena
 may insist on a jury trial before the ! court can determine that he received the subpoenaes. A citizen summoned as a Juror and refusing 10 obey the grit when brought into court must be tried by another jury to determine whether he got the summons. Such a provision ap- piles not alone to injunction but every order which the court issues against persons suit may be tried in the court of first instance and carried to the court of appeals and thence to the
 supreme court and judgment and de cree entered and another issued and if the decree involves the defendants do- iilS any thing, or not doing anything. and i ne disobeys it. the plaintiff who has pur- sued his remedies iE lawful course for years, must, to secure his rights. un- | dergo the uncertainties and the delays ~ "a Jury trial before he can enjoin that which is his right by the decision of the highest court of the land 1 say with. out hesitation that such change will greatly impair the indispensable power and authority of the courts. Securing i to the public the benefits of the new statutes enacted in the present adniuis- tration the ultimate instramentaiity to limited States
 If now this authority is to be weak ened in manner never known iH the ] history of the jurisprudence of Eng ! land or America, except in the constitu- tiOn of Oklahoma, how can we expect that such statutes win have efficient en- fforcement Those who advocate this in- {. tervention of jury in such cases seem 1 to suppose that this change in some way
 will insure only to the benefit of the poor 7 workingman. As a matter of fact. the
 person who will secure chief advantage
 from it is the wealthy and unscruplIlous
 uetendant able to employ astute and tice
 I have been willing, in order to avoid Ia popular but unfOunded impression. that judge in punishing for contempt lof his owl order, may be affected by personal feeling to approve law which should enable the contemner upon his application tO have another judge { sit aPi hear the charge of contempt. but this. with SO many judges as there are available in the federal courts. would not constitute a delay in the enforce Iment of the process.
 |OBJECrION TO THE DEMOCRATIC ] PROPOSAL. TO ENFORCE INSTTR- ANCE ON BANK DEPOSITS.
 , The Democratic platform recommends
 a tax upon national banks and upon
 such stale banks as may come in, in Jhe nature of enforced insurance. to depositors of any bank which fails. How state banks can be included in such a scheme under the constitution is left ID the twilight zone of states rights and federalism so frequently dimming the TanEas4T inc platform. If they come in under such a system, they must necessaT Tily be brought within the closest national con- tfol and so they must really cease to be Istate banks and become national banks IIhe proposition is to tax the honest and prudent banks to make up for the dishonesty and impFudence of others No one can fOresee the burden which would be imposed upon the sound and conservative bankers of the country by
 this obligation to make good the losses Icaused by the reckless, speculative and
 dishonest men who would be enabled to
 secure deposits under such a system on Its present shape the proposal would re move all safeguards against reckless ness in banking and the chief. and in the
 end, probably the only benefit would ac-
 CrUe to the speculator who would be delighted to enter the banking business
 when it was certain that he could enjoy
 any profit that would accrue while the 1 risk would have to be assumed by his 1 honest and hard working fellows. In short. the proposal is impTacticabIe un- i less il is to be accomplished by a com l plete revolution in our banking sys- ! tenn with a supervision so close as to | practically create a government bank. ] If the proposal were adopted exactly as the Democratic platform suggests, it would bring the whole banking system ] of the country down in ruin. The pro- posal is in itseIf an excellent illustra- { tion of the fitness for national control 1 of party which will commit itself to | a scheme of this kind. without a sense ! of responsibility as to it's practical Nop- eration.
 1 THE RIGHTS AND PROGRESS OF l THE NEGRO.
 ! The Republican platform refers to those amendments to the constitution that | were passed by the Republican party for 1 the protection of the negro. The negro
 in the 49 years since he was freed from l slavery has made remarkable progress. 1 He is becoming more and more a val ! uable member of the communities in i which he lives. The education of the ne gro is being expanded and improved in every way. The best men of both races at the north as well as at the south [ tp raiOiPa Tn