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

(Coneluded nom rage -
other rule would make the government
a name of reproaeh.
The early theory that the Unite'
States has no police power, so-ealled
or power to protect life or Punisl
crimes of violence within the States
is already superseded by Judicial de
cision. 1t is now determined by thu
highest authority that the United
States has such power, when q fedora
right or duty is invaded or involved
This principle is neither new mol
startling, though modern applications
of it have attracted attention. Fol
example, it is now held that the
United States, by the hand Of it,
marshal, may lawfully kin one who
assaults q federal Judge travelling
through 3 State in the course Of hin
duty, and that tie State cannot hold
the marshsl to account for such kill.
ing; and that the United States may
punish, as for murder, one who kills
a prisoner in the custody Of federal
ofieer within State. The principle il
that the persons 50 assailed are within
the peace Of the United States; that the
United States owes them the duty Of
protection; and that the power Of pre-
lection follows upon the duty.
The equality clause Of the Fourteenth
Amendment forbids the States to deny
to any person within their jurisdiction
the equal protection Of the laws: This
clause is judieiaIy held to confer i'm
munity from any discrimination, as a
federal night. The protection which
the State extends to one person must
be extended to all It does not forbid
discrimination merely in the making Of
laws, but in the equal protection which
the laws are designed to afford. For
bidding the State to deny equal pro-
lection is equivalent to requiring the
State to provide it. Equal protection
is withheld if q State fails to provide
it, and the guaranteed immunity is in
ftinged. The constitutional require
ment may be violated by acts Of omis-
sion, no less than by acts Of commission.
The omission of the proper officers Of
the State to furnish equal protection,
in any case, is the omission Of the State
itself, since the State can act only by
it's officers. 1t would seem to follow
that when q citizen or other person Is
put to death by . laWless mob, in de-
fault of the protection which the State
is bound to provide for all alike, there
is a denial Of equal protection by the
State, in the sense Of the equality
elanse, which Congress may prevent or
punish by Legislation applying to any
individuals who participate in or con
tribute to it, directly or indirectly.
The citizenship clause of the -Four
teenth Amendment, by express declare
ton, creates and eonfers citizenship of
the United States, as q federal night,
upon all who are born or nstursliEed
within and are subject to its jurisdie-
ton. Formerly, citizens of the United
States within the States was understood
to follow only from State citizenship
The Fourteenth Amendment directly re-
versed the conditions. Citizenship Of
tbs United States is now the primary
right and status, proceeding directly
ftnm the federal government; while
State citizenship Is secondary and de-
rixative frDm Il. This effected q change
in the relations between the United
States and its citizens which has re-
ceited little direct Judicial eonGdera-
tiSn. The power TO protect tina lives Of
its citizens or subjects il an Inherent
poEer Of every government. II was
never doubted that the United ststes
has this power, - q power necessarily
implied, and nay exercise it through
out the world outside the 6tates- u 10
now j1dieialy established, n sbeHs,
noted, that it may exercise such power
within the States, for the Tindication Of
federal nghts or dntisk The duty of
q eDVsEzmeat to pfohaet ne lives bt
tn citizens il eprFslatiNe WITH the
power. HE eitiseR b entitled, - q
right; % claim saeh pfstectinn- II thsl
Uhited States eaAhot exsreiSs this
poEsr 70 IT. fnH sxteut Eikhin Tia
Ststss, Il can h tariHD sthef rsasaA,
tAhh that Il is rsssfNsd 20 TIE Etstss IN
ID Elis people In nrAating eitiEsnaiip
Of - United states By he EsHrtes4th,
AEshamlgts khAts = 10 az7EsD arsssra