Every evening, Wilmington daily commercial., 1921-02-16

dom until tho government with three
divisions was invented. Madison CON
ceived the American pirn and Judge
Marshall ei1cidated and e1poun1ed H..
Jefferson gave us the 1911 Of Rightss
| which can be effective only through the
operation of three departments. How
enn we have life. liberty and property
with one body making law at pleasure
| and personally executing IT. This Is
but short cut TO tyranny. Justice
| Harlan. great jurlst, in 1904. said
there is no tendency more dangerous
than tho assumption Dry one depart
ment OF ehe powers Of another depart
| ment"
New England towns were described
| BY eminent law book writer's as local
Repubien." Tho borough charter for
Wilmington. f7so. created n Republic.
with an elective executive. a Legislative
body and the courts The statoevas
! then bnaed on this iden. If we now
tear down thia small Republic In this 70
be the beginning Of tho obstruction or
| tho State and Nation? Able Judges
made great Delaware decision In
! Rice vs. Foster History records who
| Harrington, Booth ana Johns were.
Judge Booth said mn act is void. if IL
violates the principles and spirit of
| the constitution or subvsrfs our Re-
| publican government most truo ami
/ patriotic sentiment.
There were cities thouaa nda of years
| ago. even walled cities. old English
/ towns. from which our Hyatem sprang.
| Ind tho three departments 0g sorno
/ form. the. plan became. IN part. the
base of our state and national polity.
II is too late 10 attempt 10 change II
/ The grant OF charter 10 simply giving
city constitution and the state
should give tho city charter after the
systen ny which II rules and governs
/ There must be ono harmonious opera
/ ton from top tn botton There can be
no safe rule without departments. arm
| ono holding check on m" otherH
/ Arbitrary. deapotic power always 10
| spises the check principle; this is ono
of the greatest principles of American
| government
By years Of research. se-king 70 md
the correct theoriSn ~ constitutional
government we have discovered the
reason why tho Joining II legislative
and executive powers in one body ~
officials is unsafe and destructive of
| liberty There is no outside power -
| compel fhe enactment Of law nor corn
pei ita execution Then tho legislator
when ho hrs fne soid power. At his
| pleasure - enforce the execution ~ j
law. could make rnoat 'yranrical law
enforce & against enemies and protect
friends against prosecution u is no'
whethar an official would 20 net, b'if Il
will not do to give him the npportunify
- 80 doing. m of1cinl should be curbed
axainaf Illegal action and the curb in
n charter would bo to give him the
/ powers - hut one department %c
sound thinker could tolerate 4 danger
| OILS consolidation ~ iayv making and
lave enforcement in tho aaTne body ard
al the people belonging r. anoiai clubs
ara rot able - solee theso deer prob
Ierus For 20 gears We have becr
forced 70 oppose these excessive anf
extra yuRant charters proposed for the
city a proper mayor and c0uucI
charter. minus arbitrary powers. would
always be acceptable 70 "A Just anc
fred psople.
IL will never do 70 Impriaon liberty
IN a vsll-surrounded city Keep dowr
the walls and hold fast 70 the Republic
George A. Taney.
city owner
Wilmington February i5. 1921.