The Washington herald., 1910-01-23
Continued from Page One.

lar rights and to all the safeguards sur
rounding them.
ours Is a government Of law, Of lib
erty regulated by law. and it is always
the people seeking through the laws that
constitutes the voice of the sovereign.
'"Our National Constitution IS body
Of delegated authority to be exercised to
the extent only OF the powers expressly
conferred and reasonably implied. The
powers not so conferred are retained by
the people. The powers not delegated TO
the United States by the Constitution, nor
prohibited by it to the states, are reserved
to the States. respectively, or to the
people.
Letter of the Law.
The legislative branch Of the govern
ment makes the laws. the judicial con-
strues and interprets them, and the
executive enforces them. That is not
! legislation which adlu5icates in a par
ticular case, prescribe the rule contrary
TO the general law and orders it TO be
enforced. Such power assimilates itself
more closely 20 despotie rule than any
other attribute of government
1T is likewise true that it is not sd-
ministra ton which assumes the power TO
co an act simply because there Is no ex-
! press prohibition IN the law against its
performance. even though the doing Of
that act might appeal 10 the executive
| conscience as a good thing to be done
for the general welfare. Such an eXer-
| else Of power IS an arbitrary disregard
OF affirmative law. and the substituting
/ Of the viii Of the executive for that Of
! the constitutional agency provided The
executive is clothed with no implied pow
ers merely by virtue of being the execu-
tive
Powers NontransferabIe.
1T is also a maxim of our constitu-
tional law That the powers conferred
upon one department cannot be delegated
to any other body or authority" con-
tlnued Mr.. BalIinger. Where the SOW
| eTeign power has lodged this authority
| there it must remain and be exercised.
II viii be seen from the foregoing that
a frequent recurrence to fundamental
| principles is essential in the preservation
| of our institutions. and that when the
| officer becomes wiser than the law, the
/ law should remove him for its own pro-
| lection. which is. in the last analysis,
the protection Of the people.
The founders Of our government un-
| derstoOd the dangers from power lodged
in a public officer without constitutional
checks imposed. They realized that men
| love power; that they will generally
| exercise II when they can get it. and
abuse it in popular governments under
declarations of lofty patriotism to dis
guise the assumption. Even when care
/ fully restrained within strict limita-
| tons. power is Of an encroaching ma
| ture.' Constitutional and legal re-
straints are to some people tncOnvenient
and often obnoxious. especially when
they obstruct the pathway to selfish
ambition.
Webster's Definition.
! ''On this subject Webster has said:
! Il may be very possible that good intentions do
really sometimes exist when constitutional restraints
are disregaTded ThEe arc men. in al ages, who
mean 10 exercise power uSsfuIly: but who mean 10
exercise it. They mean 10 govern well; but they
mean 70 govern They prCanise 10 be kind naasters;
but they mean 10 b masters They think thers
neei BE- but little restrain upon themselves Their
notion Of the public interest is apt 10 be quite
closely connected Witheir exercise Of authority.
They may not, indeed, always understand their Own
motives. The love Of power may sink too deep Ia
| their own hearts even for their own security and
may Tass with themselves for mere patriotism and
/ beueYUlenoe,
/ Good intentions win always be pleaded FOR ever
assumption Of power, but they con not justify II,
justify it. even II Ws were sure that they existed
II Is hardly too strong to that the Constitute
was made 10 guard the people against the dangers
! Of good intentions, real pretended. When bad
intentions are boldly avowed the peore win prompt
y take care Of themselves. On the other hand they
| viii always be asked why they should resist OF
question that exercise Of power which is fair in
/ lis object plausible and patriotic in appearance,
and which has tho public good alone oOnfesSedly in
/ view.
! When this seductive method Of exer-
| csing power falls into the hands Of clever
politicians. the unthinking people flock TO
/ their standards. with the 'muck-rakers
and 'pennny-a-liners' as their press sup
port. We have been surfeited for a long
time with this kind Of public men. and
/ in a measure their vagaries have been
seized upon by the fadist and sentamen-
| talist for exploitation, so that on many
public questions the public mind is in a
! ferment Of uncertainty and alarm.
Accusations that Arise.
Those wo do not become hysterlcal
/ over their tales OF dire calamity and calm
! ~ ask for facts are cherged with being
1 in league with or aecompIices Of these
/ imaginary criminals. The most vicious
demagogue is he who sunds a false alarm
! which arouses prejudices that strike at
/ the foundations OF our government which
disturb the public mind as to the necessity
for observance Of the laws of the land.
Again, some public officers make the mis-
take of assuming that they have been
/ commissioned by a higher authority than
the people; that is, by their own assumed
Indispensable qualities Of fitness to gov
/ ern.
They usually become political auto
/ Gratis, and do more mischief than good
Public servants of this class are the
! least amendable TO the Constitution OF