The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1919-12-07

Considerable. complaint IN nearu
that the government, In using the
judicial department to defeat the
purpose OF the coal miners organi-
Zation and protect the people
against suffering. Is exceeding us
authority.
A fair question Is raised. What is
the limit az government authority
These who question the right OF
the government 10 take the steps II
has taken base their criticisms on
the constitution which contains not
only the grant OF authority conceded
Ivy the people TO their government,
but also the bill OF rights which acts
forth the rights OF tho individual
with respect In government in those
cases whore experience seemed to
point the wisdom OF their enumera-
} ton.
jealous OF their rights and their
liberties. the people then added a
postscript, as II were. reserving to
themselves all rights not specifically
granted to government In the organ
ic law % But believing IN the thing
which they had designed 10 carry
on the public business and preserve
them from autocracy on one hand
and the mob on the other. they
made provision for It TO defend it
self by permitting II. In n crisis, to
suspend all civil processes.
In practice, that means that the
government can suspend so far ms
the constitutional rights OF the in
dividual are concerned, the constiu
ton OF the United States. And
when that takes place the limit OF
the constitutional authority OF the
government Is measured only by It's
physical ability to do.
May Government Defend Itself?
So that the complaints against the
governments procedure In the labor
controversy come to This: Has II q
right to defend itself2 II not only
has the right but II Is charged with
the responsibility OF doing SO Even
those who criticize the procedure In
the courts must admit II they will
consider the proposition seriously,
hat the government does possess
the right to suspend court processes
and proceed according TO the orders
OF the commander in chief And
that Il certainly would do SO II tho
situation assumed that gravity
where such action appeared 70 be
necessary That II has chosen to
exercise It's authority through the
established machinery OF the Judi
cill department. set mp hy the peo-
pie for that pr"'ise purpose, 80 far
from being just cause for com
plaiut. should merit universal APP
proval For In the course of such
procedure the defendant may plead,
and have iudicialN considered. his
lights under the constitution. And
. l.. Il . ID a.
az all times In due form and en-
forcihle by the civil agents OF gov
ernmcnt.
There appears 20 be more to the
business. however than honest zeal
for constitutional form and limltn-
uon. II Is admitted that hut for the
action Of the government In asking
the courts to sustain its authority,
the purpose Of a faction Of society
to bring unhearahle hardships and
suffering TO society as a whole and
thus under durpSs work its designs.
before any tribunal or Justice had
determined where Justice ran In the
rattcr would have succeeded. at
least 10 the extent OF inflicting on
society great suffering and incalCu-
liable property damage.
Du the side ot the Rggrcssors In
this matter there were. let rs say,
500 oo0 The defense. those who
were bound to suffer and whose
ryery interest was ignored by the
fep purpose of the aCEressors. mum
horri ITO GOO 600 In such circum-
stances. and quite apart from the is
sued involved. whore did The dUty Of
government lay Eventually. Of
course. 90 see ina; Justice Vas done
the minority. for the American form
was dos cucl Boz great part 90 protect
q minority against the ruthless and
improper u.lJ0iitf But the i'm
mediate duty o. government was 10
protect the lives and properly in