The Washington herald., 1908-03-17

Editor The Washington Herald
The evening papers have Hcare lines '.Jan Harper
President asks Attoraey Baker" &c. in connection
With rruoTt that tho President sent for Mr. Baker
the United States district attorney. and told him
10 press hard before Judge KimbsH for a jsl
sentence that this the first conviction under the
pure food law and an example should be made or
course. Sir. Baker did not tell Of this; il cane
from the whispering ealierv Of the White House
and h was well timed. DR.. Harper Is not % &c
sentenced for four OF I'VE days II Is an easy CUES.
what that sentence now may be- Dr.. Hs-per hap
pens % be = Virginia Democrat and hin 70 Paul
Morton. Old Ben Franklin. old John Adams and
the other great men who fashioned the Coustityl-
ZION Of the United States made political master
piece which has been the adniration Of all men
whoever think about constitutional government every
where In the world All lawyers and students Of
government know the one all-important and neverto
bef0rgotton principle Therein. Is the absolute indie
penccnce al the legislative. executive. and judicial
department. school bCys know II The delicate
balance between these three parts Of tire government
/ should be sacredly observed by each. The Con
I stitgtion commands the Executive so take care
/ that the laws be faithfully executed" When he
insructs hfs executive appointce 70 br4ng prusccu
ton for the violation Of a laW-the judicial power
takes jurisdiction and the Executive power ceases
except that he may. through his attorney Ike any
other plaintif dismiss the suit But when The jury
has rendered It's verdict. which IS its absolute pre-
roea.ve. ;he judge alone has the Judicial right 70
determine the degree Of sentence For the Executive
/ 70 intimate 70 the Judge rs wishes. destroys the
dgmarCatiOn between the judicial and Executive
I power and makes the President the judge He has
already thus tod Judge Kimban what tc dO-he
had Just about the same rIght 10 Communicate his
wishes 20 the jury about tEs undesirable citizen
I Dr.. Hai per-as be die in the Hayward case.
VIII this lsyman. 'tuTis consult" next inform the
I judges Of the Supreme Court Of his wishes2 All
/ lawyers and students OF the history Of English
liberty know how Sir Edward Coke, as i1dse.
James. when his majesty sent for the judges %
/ cone 10 the council chamber where he insisted on
/ his supreme prerogative. which he said ought not
/ 20 be discussed In ordinary argument All save
Coke fell on their spaniel knees for pardon When
Coke was asked II he would in the future delay a
/ case when ordered By the king. be made the brave
and sole reply he would Vouchsafe when the case
/ happens / shall do that. which shall he ~ for a
i Judge 70 do" OF course. his punishment came IN
! time but that sturdy stand almost redeemed Sir
/ Edwards brutality toward the equally brutal but
more eourtly Sir Walter Raleigh. This was the
mettle OF English Judge facing tyrant 800 years
ago. There Is some British blood flowing in AmeTl-
can veins. and If the lust Of gold has not eaten
ont Hampdens heart. the bar Of the United States
VIII resent this attempt TO dictate 10 Judge ap-
/ impose on citizen. When the infamous military
/ tribunal convicted Mrs Sunatt. Judge Andrew
Wiley with a gDod American hand wrote ACROSS that
/ innocent Woman's petition for habeas cOrpus-'le
\ the writ issue. a Wiley. Justice. You can ind
\ that PAPER IN the musty files Of the courthouse
! asked Judge Wiley shortly before his DEATH what
| answer they made 10 the writ he said They
! stuck a bayonet through Il. Is the Constitution
| 20 meet like fateG ANDREW LIPSCOMB.