The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1912-04-03
Is In the Stronghold OF
Our Laws.
The MENACE OF OUR COURTS
OF Justice Often Found In the
Unreasoning Demands
Of the Mob.
a VITAL MATTER DISCUSSED
CHAPTER L.

wherever society has existed,
there has been an unceasing strug-
gle between Liberty and Authority.
The history of man is but the his
sory of the conflict between these
two principles. The Magma Charta,
the Bill of Rights, with all the
checks, safeguards and guarantees
of fundamental laws, are but treat
les of peace between these two
forces, defining boundary lines, Tor
the protection of the inallenaDle
rfgnts of the defenseless minority
acginst their invasions. Ages have
been unable to quench the spirit OF
ssnrroachment. When Authority is
allowed to cross the line, intolera-
bile expressions are sure to follow,
and if Liberty is the aggressor'
tbcn society itself is endangered.
1t has been, and still remains, a
fruitful field for the remorseless
,Iemagogue, and what the world has
saffered from these opposing forces,
could never be told Don't tell me
that sacred rights of helpless
minority. for whose protection con-
stitutioral government is mostly
intended, are always safe in the
hands of an eXultant, impulsive, in
tolerant and often tyrannical ma
jority. No difference where power
is lodged, whether in the hands OF
maiorities, kings or despots, so
long as human passions influence
activities, there is danger of, there
is sure to be, oppression. We have
outlived the doctrine that the King
can do no wrong and that the Pope
and majority are infallible. We
have not far to travel to find for
chile illustrations of the fragrant,
wanton abuse of power by an in
fIamed, intolerant and reckless ma
jority, who out-Jamesed James |. in
their strident and exalted notions
of their divine right to rule. Nor
can we palliate or extenuate the
outrage of hugging the delusion
that only the disorderly made up
the mob, for that's just what 1t
was. Time was, and doubtless will
be again, when good average citi-
zens were swept from their feet by
sudden excitement, and led to vio-
Ience by some infamous rabble-rous-
Ssrs. To say nothing of shocking
mobs, in the first quarter of the
last century Kentucky furnished a
most fitting and striking example
of the dangers of popular abuse of
power which practically wrecked
the State. Collins says of this re-
markable instance of public aberra-
ton: They exhausted, one by
one, all the follies it was possible
for community to commit
SO intent were they on ruthless
Iy violating those sound and well
recognized principles of limitation
of the arbitrary power of MAORI
ties, they forced an extra session
of the Legislature to impeach the
Appellate Judges; to recall and dis
grace, without even the form of
trial, the Judges whose wise, just
and patriotic decisions had reused
their passions and bafled their rev.
olutionary designs. Not content
with this fragrant outrage, they or
dered the creatures of their power
and the fatterers of their caprice
10 enact so-called relief measures
which we're i'm direct cOntrayentior
of both the State and Federal Con
stitutions, producing absolute Ju
dirial anarchy-fne proof, to be
sure. is this, of the security Of the
precious rights of the helpless
when entrusted 10 the keeping o
AN excited majority!
At that time there were abou
sixty thousand voters in the State
Forty thousand Of these had jus
voted for the overthrow Of Consti
tutional Government and the ute
disgrace OF their highest court, il
whose keeping were the most sa
cred of human rights. But the he
roic judges of the "Old Court
true to themselves and their State
whom the frowns of autocrat, tn
threat of assassin, the whisper OF
Eold-laden briber or the clamor o
mob could not swerve from duty
stood like lions at bay in the pat
OF the bowling mob till its bette
Judgment prevailed.
This it did not take long to dc
for the very next year, seeing, Il
the meantime, the consequences O
their folly, they reversed thei
great majority and rushed back t
the support of the "old Court VIII
had saved them from themselve
and their State from ruin. "Thi