The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1912-06-01

is that the 6Hited stateSh zSthsPo ferE
commonly ihsidentaI ID sovereignty eI.
espt the powers expressly denied or re-
served to the States or people, and all
/ implied powers properly incidental 70
the poWsrs granted The Fourteenth
Amendment expressly authorizes Con-
Rress to enforce its provisions by aP-
4 propriste legislation. Such legislation
cannot, indeed, extend to establishing
a complete code of laws. It must be
! limited to correction of the particular
mischief resulting from violation Of the
amendment. LegislatiOn to protect
citizens in their lives against mob vio-
lenee, in default Of such protection by
the States, apparently goes no farther
than to correct the mischief resulting
from the default.
It is now held that there Is, in legal
contemplation, a peace of the United
States, existing within and throughout
the States 1t seems to be judieially re-
garded as compromising at least the
existence, exercise and undisturbed en-
joyment Of the rights derived from or
under the United States. 1t this can be
taken as established, it would seem to
follow that citizens of the United
States, whatever may be said of other
persons, are entitled to live in its
peace, and to have it preserved for the
protection Of their lives. If the United
States can legislate directly for the pre-
ServatiOu of its peace within the States,
the pending bill appears to be within
its power. If the power and duty to
preserve the peace of the United States
within the States belongs solely to the
States, which it may not be wholly safe
to eoneede, and which seems to be in
consistent with principles already es-
tablished, the failure Of the States to
preserve it is a breach Of duty toward
the United States. In this view it may
be commended that the United States
has power to deal with such breach
as an offense against itself, on the part I
Of all individuals who contribute to
it, directly or indirectly.
The United States has, as all govern
ments have, a political and legal inter
est in the lives OF its citizens. II It
has not full power TO protect them In
their lives, within the States as It has
elsewhere, it can be, as already OBJ
served, only because that duty rests
solely upon the States. If 90, it is q
duty owed to the United States, as wen
rs to individual citizens. It would
seem that open and notorious neglect
Or omission Of this duty on the part of
State, by suffering lawless mobs to muir
der citizens for want Of legal protee-
lion, may be declared an offense against
the United States, and IL 50 that the
United States may punish all persons
who contribute to it. 5000
It may be said that If the United
States has power to protect the lives
IF its citizens within the States, it must
nave power to protect their other per-
'onal and property rights, and 80 to
'upersede State laws by a system Of
federal legislation, which IL impossible.
This does not follow. There is no
lOubt that 50 far as the express pro-
visions Of the Fourteenth Amendment
extend, federal legislation for its en-
'oreement may extend whatever the
For example, IL q State
IhOuld omit to enact any legislation for
he protection Of q certain class of citi-
ems against crimes Of violence, for
bidding and furnishing such crimes only I
When committed against the other class /
" classes, it can hardly be doubted that
congress, under the enforcement clause, {
nay supply the omission by direct legis- {
alton, or may perhaps annul the {
whole system Of discriminating laws,
eaying the State to provide others
which viii conform to the requirement {
# equality. The consequences Of the
allure Of State to enforce laws made
'Or protection against violence are no j
ess disastrous TO the unprotected class
han the failure Of the State to make
my such laws. 1t il difReult to per
'eive why the power and the duty Of
Congress to interfere, under the en-
iOreement clause, are not a. clear in 1
he one case as in the other. " -'
Apart from the Fourteenth Amend {
nent, il may well be that the United K
States owes its citizens protection. in
heir lives while not owing them q
complete system Of laws for the pro- ]
action Of All personal and property
lights, and that It's power ID eoexten-i
i've with its duty, but extends no far
.hsr. -. - go =,
Without attempting an exhaustive in
JURY into this delicate and difReult
Iubjeet, it can safely be assumed that
'recOneeived opinions are not eouelu-i !
i've Of the question. In view OF ex- 4
49,. y