The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-12-04
A HEARTENING DECISION.

A IIEARTENiNG DECISION,
The doclslon handed down by the state SUI
prems court In tho onse OF Wade Spears. de-
tective Of oklahoma city, who. without >the
slightest evidence Of authority or legal process,
entered a private homo and contiscatea .he
furnishings OF 40 rooms. W the most heartsn-
ing thing which has occurred In judicial circles
during the past year.
The opinion OF tho court, written by Justice
Kcnnamor, constitutes a fine paper on consti-
tutional government The justice fiayed tho
practice OF officers IN entering houses without
search warranta and denounced courts for
their increasing tendency to listen TO the pop
uar will.
IN tho course OF his opinion the Justice said:
when an appellate court abandons tho
hw as thus defined and puts It's ear to the
ground to determine what IL popular and
treading near a precpce that may engulf
this government In anarchy. such court
wisdom OF the ages and ls accepting IN lieu
thereof tine rule OF tho popular viii and
law and means nothing eisc but mob law
In its final anaiysis'"
who will dare question the soundness OF
such reasoning? 1t Is not enough that an Of
fieer should want TO accomplish certain thing,
the vital question Is may II he accomplished
without invading the rights Of tho individual
and setting up = distefnpeF much 5rayer than
that which exists?
We hear much biRoted and intolerant crit
icsm OF the pleas made FOR tho preservation
or Individual rights dnd personal freedom. but
such criticism flows from tongues ignorant of
tho quality OF either reason sound political
: economy attached to movement or other,
their eyes blinded to the lamentabe conse-
uuonces of the steady oncronchments on llb-
erty and freedom
Now the privileges accorded the individual
citizen in tho Bin OF Rights are genuine and
to be respected or they are bogus and without
me hing In fact If the former. then those
privileges must stand. they must be sorup-
niousiy respected at all costs For II they are
ignored in one instance. II they are forced TO
yield 10 bisoted and intolerant oppression at
one time. then they become useless as a bui-
wark on all future occasions
Thus the home ceases to he a castle Thus
search and seizure becomes common prac-
ticc. Thus the petty peace officer becomes as
much an agent OF impossible tyranny were
the Jninions OF tho despot In days OF old. Thus
government becomes not only hateful but ut
teriy Impossible. Thus there Is gradually built
up IN the body polite not patriotism, a quality
so essential for the maintenance OF govern
Z mont q stage OF mind which seeks TO
barrasa government at every point and which.
finally II history In to he accepted win seek tho
complete overthrow OF governing system
which has ceased to respect its obligations and
has become more oppressive than beneficial.
4 Then at last we viii have a benevolent despot-
Ism, state socialism potential auteeracy.
Those who defend the common practice In
Weighed against by Justice Kennemer the
ground that the majority supports It. know alb
noiutuiy nothing Of the genius OF govern.
ment. They have either never read have
farsd to be properly Impressed with the fact.
that this government Of ours was designed to
\ protect the minority against the majority. THAT
is It's genius. That is It's chief strength. Re
cause not otherwise was It or is It possible to
prevent despotism OF the worst kind.
To set up a government and call 1t popular
!. government does not afford protection against
he acts and practices OF a despot Because II
bhe will OF the majority In a popular govern
fnent is to be unlimited then you will presently
Ihaye state of affairs. so far the minority is
Iconcerned, In no sense better than when there
lis unlimited authority invested In an individual.
Someone once said; 'It am to bo subject
] 10 despot care not what his name may be-"
Z And that is the point The constitution of the
United States clearly fixes the limits OF govern
inent. what is not delegated specifically TO
Z the government is retained by the individual.
& on that ground stand II We are to stand
Z all. when we abandon it. the government as
we have known 1t. ceases to exist.
O.