The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-11-05
memphis Commercial Appeal)

| pleaded Tor every assumption of pow.
er; but they cannot justify it, even ii
we were sure that they existed. 1t is
hardly too strong to say that the con-
stitution was made to guard the PEG.
pie against the danger of good inten-
tfons, real or pretended.-Extract
from special made by Daniel Web
ster.
In this statement is found much of
the strength of the action of those
who prayed a federal court to do po-
liceman, constable and grand jury
duty in matter involving nothing
else than violation of a state law.
Federal Judge Mccall was asked to
stop by injunction the sale of liquor
in LA saloons of Memphis. 1t was
urged that the state authorities had
failed to do this and had refused to
attempt to do 1t.
The court saw no reason for federal
interference, and no law warranting
federal interference and this injunc-
tion was denied.
The petitioners had strength in ap-
parent good intention. Liquor is sold
in Memphis In violation of the law.
1t Is pity that it is true, but 1t is
true. The petitioners, then, to cure
the evil sought the strong arm of the
federal court.
They proceeded on the principle
that the ends to be accomplished JUS
titled the means. The ends were lau-
dable. they held. therefore any means
securing that desired condition was
proper If it did the thing sought.
The federal court, they held, could,
by deputy marshals, writs, arrests
and by other means make Memphis
as dry as a powder horn. Then why
not? One court they reasoned is Just
as good as another court If it cures
an evil.
The same line Of reasoning justifies
mob hanging a convicted murderer |
nsted of waiting for the reading of a
ieath sentence and the springing of
death trap by a sheriff. The mob
md the sheriff are both bent on the
filling of man that ought to be
Tiled.
A short-minded judge might have
made the injunction permanent and
REUSED his action on the ground that
he thing enjoined had no right to
xlst and its destruction therefore by
ny means was meet and proper.
Judge Mccall, however, holds this
be government of law and not of
len. The constitution assumes no
lore power than its terms grant. The
has no power beyond that
hich the trainers give it, and that
fort on the part of persons under
ress of enthusiasm or passion to en-.
rye its powers to cure that evil they
Did to be most damaging is one of
lie constant dangers to a free gov
'nment having its foundation on a
ritten constitution.
The section of the constitution it.
If under which the prohibitionists
aimed jurisdiction for the federal
Iurt was framed and adopted in a
ne of bitter hatreds and heated pas
ons. It was intended solely to make
e negro in all things equal to the
lite man. 1t followed a civil rights +
t, held to be unconstitutional. Since o
at time under this section ques-
ms involving great property inter
is have been brought into law a
urts.
But let it be said that the supreme
urt of the United States, and the
xer federal courts have been more
reful than the people themselves,
keep for the people rights which Z:
ey would give up in order to accom-.
OIL soIne special OBJECT. al
The court was petitioned to cure
alleged lawless condition by an
of lawlessness on the part of the
lrt itself, and the learned Judge tn
used to make himself Judge Lynch o.
der the forms Of the law. in
But let notthe liquor people be high
nded and celebrate their escape by
mixing this condition here can 20 an
indefinitely. If there is no right
the part Of Judge Mccall to en-
ce a state statute, there is a right
the state courts, and soon or late,
the statute remains on the books,
will be enforced, because it ought
be enforced, and it ought to be
orced BECAUSE 1T IS THE LAW a.
This is a government of law and not
men. al,