Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-01-17

MAKE LAM Non INDIVIDUAL CAPRICE. SUPREME.

: necion with public lands deals
making final proof entryman required that he
taking the land for his and that he has made contract
dispose OF the land in any Williamson charged with hay
ing entrymen claims him. and upor
the finding OF these the instructed the jury find the de
ndan guilty An appeal taken the United States supreme
last week that body handed down opinion which
held that the trial judge in nuctng jury find the de-
ndan guilty on the grounds OF his having induced the enmen to
make oath that they had contracted sell the land when
they The supreme finds
orbdding enyman entering
tract that such requirement only ruling the department. and
that ruling not law; that when enman makes affidavit
based ruling he committing perjury though the affidavit be
false there be crime unless a law is violated
Considerable criticism has been passed by the press this decision
OF the supreme 1t opinion
there such thing conviction land fraud against the
enment that with employ number of dum
and through them acquire title of public land that
all pending land fraud will dismssed many
wongy held prison having violated this ruling
If the land laws made that possible rich
dummies to defeat the intent of the law in acquiring title public
lands the duty congress the law but the duty
the right executive officer authority amend
act congress by making ruling to cover his conception OF intent
of the law
The constitution provides a congress
provides judicial system
kept within its constitutional limits the OF laws 1t pro-
vdes for executive department whose duty enforce the laws
passed by congress
Congress inable body not always composed of
the and best of the nation 1t sometimes makes bad laws de-
eciye laws which fail accomplish what intended But
g has the authority its repeal
mistakes and amend It's defective laws
duty
to OF congress through
ecuye OF the nation However there has grown up the
executive departments with the amendment such
laws their responsibility by making department ruling This
the and quickest way
wait the pleasure OF congress to act in the matter takes meome
times a long time Butt is o law.
1t has been uthfuy said that Every lazy
and dare be he would like be- This
congressman men, congress
luenty found easy pass oil
md then assign its execution to some department and state that the
49,
ions be found to the proper enforcement the law
This has encouraged the heads of departments making rulings which
law privilege by
he executive departments has grown rapidly late as
riou apprehension the many wisest
No department is free from the vice The head officer makes his
rulings" rulings The
nd each adds his petty ruling The individual citizen obey
hem all His only is through tedious and expensive APP
cal to the supreme redress.
But the temptation abuse authority
power their fellows The civil
jobs subordinate officers and the temptation abuse author
IN such position beyond the power OF the average man resist
the officer be Naturally inclined be overbearing and his
.alings he abuses his power all the
country past years rapid growth
socialism anarchy feeling that govern
inrudng upon the republic spirit OF discomfort with gov
conditions has grown small feeling
1t shows in the tendency speak slghngy the govern
and to rejoice when the government wod the
atwood and Petbone trials None these things should exist
public the that they do demands that
the judgment the Journal that these conditions
growing tendency govern people by
executive department instead of by
decision The Supreme court one of
reaching heahfu opinions expressed august
dy for many years.
Judgment just applied to
of such rulings that do illegal duty
ud be such clearing of the political and civic skies of the
socialism anarchy would of
b AT present who business the
postoce department other branch of
executive department. finds himself bycount
rulings from the string officers all along ne-rungs for +
h he can find no authority OF awhat he turns in despair
grievance against great power which