The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1917-11-06
Three Branches of Govern
I,ent Be Kept Separate and
Distinct Judge SuEgesss.
NEW GRAND JURY
so ADMONISIIEut
Distinguished Federal Jtu1nQ
Delivers Exceptiona1ly
Strong CharKA

Stressing <hs nscsssisy a. hssyen
the three branches Of tho govsrnmm1
separate and distinct, and prsssrv4
each from encroachments by either a
the other two, Judge William b Shsps
pard delivered the chargs to the Ted,
eral Grand Jury upon tho organi.A-
tion of that body yesterday afternoon
In view Of the unusual conditions
brought about by the war, and ths
vast amount Of emergency legislation.
the points brought out in the charge
arc considered Of great Importance
Judge Sheppard showed the danger
of a member Of one branch of the
government, whether judicial, legis-
lative, or executive, attempting to in
terfered with the actions and powers
of either of the other two, and asserss
thath the complete separation of tl.a
three is the very foundation of Amec
lean liberty.
In the course of his charge. Jud
Sheppard TOUCHED on the general Ia
lesspess in thi country, and O.. ysi.
he termed lawlessness between
tions war.
The Courts Charge.
in charging the grand jury, lG6
Sheppard touched in general terms
the duties of the body, and stated t.
it formed bulwark against tibe {
croachments of the executive On te
rights of the people.
While In our own government, the :
judge said, it has frequently been |!
unnecessary. to- have this guard I
against the executive, inasmuch as !
ours is government of laws and not /,
OF men, however it is retained for |
the salutary purpose for which it was |
originally instituted; that there Is no |
individual SO high as to be beyond !
its reach, and that no one save a
judge, the President, member of Com
gress or cabinet officer, b beyond its
reach.
He then stressed the fact that thin
nation, as previously stated, ID q gov
ernment of laws and not of men. and
that while the executives may b.
changed every four years, and q new
party placed in power, the fs1nda d
mental laws laid down in the Consti-
tuition still exist paramount to all.
prescribing the duties of every il1-
dividual elected, and in the fulfill
ment of those duties ha has no choic>.
Most salutary among the checks
and balances in the government al,
this country, the Judge said, is th6l
division Of the authority into three
departments-Execut Judicial and
Legislative; and the provision thak
no individual or group Of individualA
forming q part of one department.
shall exercne any power or authoDAl
ity in either Of the other two.
It Is the province Of the laws 80
rninistered by tho courts to prsvsnkl
the encroachment Of one power upoai
another, and that upon this powsn
and its proper exercise, lies the oulH
sure foundation for our HbsrtiAs.
"The peace, prosperity and integ-
rtty OF any country" continued the
Judge, depends upon the proper and.
speedy administration Of tustdcA
That however much might be accom-
plished for the betterment Of the ma
lion by philanthropy and science -
lessen criminality by education, there
stil remains the necessity for the
of the law to punish the
offender when uses his hand against
society. That just SO long as the
avs were impartia1ly and firmly an
said the Judge, "lawlessncss
would be put down, and wars, man :
testing international lawlessness. win
cease. 1t is q sad and deplorabls
'act," he said, "that there exists
awless spirit in this country, such an
Is not present even in the European
nations with which we are at war
"In this country, IN the year 1915.
something over IL, 1000 homicides were
and 30 per cent of the
perpetrators thereof escaped punish-
c1ent, until there grew up q snirit
among the peole Of contempt for the
avs, and inpatience with the courts.
which manifested itself In this. thasl
When man committed some hefnoue
rhine, one which shocked the sensi-
,;Iities OF the country, the people. =,
neir vengeance, waited not for it to-
De administered in lawful and del
,ent manner, but pursued the offeud-l
II and would hang him to the frat
telegraph pole. Lynching is un-l
.nown in England, and prior to thei
of the war, lynching waa
Utmost unknown in Germany.