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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (June 10, 1904)
The Commoner. aCNE'lOMiKM. 15 justice, or that could not "be easily controlled by the local or state au thorities, for the federal troops can do nothing that the state troops can not do. I repeat that you have been imposed upon in this matter, but even if, by a federal construction, it were held that the conditions here came -within tho letter of the statute, then I submit that local self-government is a fun damental principle of our constitution. Iach community shall govern itself so long as it can and is ready and able to enforce tho law, and it is-in har mony with this fundamental principle that the statute authorizing the presi ' dent to send troops into states must bo construed; especially is this so in mat ters relating to the exercise of the rolice power and the preservation of law and order. To absolutely" ignore a local govern ment in matters of this kind, when the local government is ready to fur nish assistance needed, and is amply able toenforce the law, not only in sults tho people of this state by im juting to "them an inability to govern themse'lves, or an unwillingness .to en force the law, but is in violation of a tasic principle of our institutions. The ouestion of federal supremacy is in no way involved. No one disputes it for a moment, but, under our constitu tion, federal supremacy and local self government must go hand in hand, and to ignore the latter is to do violence to the constitution. As governor of the state of Illinois I protest against this and ask the im mediate withdrawal of the federal troops from active duty in this state. Should the situation at any time get 60 serious that -we cannot control it with state forces we will promptly ask for federal assistance, but until such time I protest, with all due deference, against this uncalled for reflection up on our people and again ask the imme diate withdrawal of these troops. I have the honor to be, yours respect fully, JOHN P. ALTGELD, Governor of Illinois. CLEVELAND'S REPLY IN JUSTIFI CATION. . Executive Mansion, Washington, D. C, July 5, 1894. Hon. John P. Alt geld, Governor of Illinois, Springfield, III. Sir: Federal troops were sent to Chicago in strict accordance with the constitution and the laws of the United States, upon the demand of fh pcstofflce department that obstruction' 01 the mails should be removed, and upon the presentations of the judicial officers of the United States that the process of the federal courts could not be executed through the ordinary means, and upon competent proof that conspiracies existed against commerce between the states. To meet these conditions, which are clearly within the province of federal authority, the presence-'of federal troops in the city of Chicago was deemed not only proper, but necessary, and there has been no intention of thereby interfer ing with the plain duty of the local authorities to pr'eserve the peace of the city. GROVER CLEVELAND. ALTGELD'S FINAL RETORT. To the Hon. Grover Cleveland, Presi dent of the United States, Washing ton, D. C Sir: Your answer to my piotest involves some startling con clusions and ignores and evades the question, at issuethat is that the principle of local self-government is just as fundamental in our institu- Gen. Chas. Dick, Ohio's famous Congressman, writes: Ther; is no remedy so efficient tot headache as Dr. Miles' Anti-Pain Pills. Ouro and provont. Sold and guaranteed bj Il drugelsta. No opiates. TNon-laxativ Hever sold in bulk. flSdoseaSS cent, Dm, Mxum Manic Oo Elkhart, lad tJons as is that of federal supremacy. First You calmly assume that the executive has the legal right to order federal troops into any community of the United States, in the first instance, whenever there is tho slightest dis turbance, and that he can do this without any regard to the question as 10 whether that community is able to and ready to enforce the law Itself, and, inasmuch as tho executive is tho eole judge of tho question as to whe ther any tlisturbanco exists or not in any part of the country, this assump tion means that the executive can send federal troops Into any community in the United States at his pleasure, and Keep them there as long as he chooses. If this is the law, then the principle of self-government either never did exist in this country or e)se has been destroyed, for no community can bo said to possess local self-government if tho executive can, at his pleasure, send military forces to patrol its streets under pretense of enforcing some law. The kind of local self-government that could exist under these circumstances can be found in any of tho monarchies of Europe, and it is not in harmony with the spirit of our institutions. S'econd It is also a fundamental principle in our government that ex cept in times of war the military shall "be subordinate to the civil authority. In harmony with this provision the state troops are ordered out to act under and with the civil authorities. The troops you have ordered to Chi cago are not under the civil authori ties, and are in no way responsible to them for their conduct They are not even acting under the United States marshal or any federal officer of tho state, but are acting directly under military orders issued from military headquarters at Washington, and in so far as these troops act at all it is military government. Thisd The statute authorizing fed eral troops to be sent into states in certain cases contemplates that the state troops shall bo taken first. This provision has been ignored and it is assumed that the executive is not bound by it. Federal interference with industrial disturbances in the various states is certainly a new departure and it opens up so large a field that it will require a very little stretch of authority to absorb to itself all the details of local government. Fourth You say that troops were ordered into Illinois upon the demand of the postoffice department, and upon representations of the judicial officers of the United States that process of the courts could not be served, and upon proof that conspiracies existed. We will not discuss the facts, but looit for a moment at the principle in volved in your statement. All of these officers are appointed by the execu tive. Most of them can bo removed by him at will. They are not only obliged to do his bidding, but they are in fact a part of the executive. If several of them can apply for troops, one alone can; so that under the law, as you assume it to be, an executive through any one of his appointees, can apply to himself to have the mili tary sent into any city or number of cities, and base his application on such representations as he sees fit to irake. In fact, it will be immaterial whether he makes any showing or not, for tho executive is the sole judge, and nobody else has any right to interfere or even inquire about it. Then the executive can pass on his own applica tionhis will being the sole guide he can hold the application to be suf ficient, 'and order troops to as many places as he wishes and put them in command of any one lie chooses, and have them act not under the civil offi cers, either federal or state, but di rectly under military orders from Washington, and there is not in the constitution or laws, whether written oi unwritten, any limitation or re straint upon his power. 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Illustrated, Octavo, Cloth Bound, Published in 1900 Nothing later in print. A limited number of copies, while they last at $1.25. Postage Prepaid. Address G. H. WALTERS. 2245 Vine Street, Lincoln, Neb. The Prairie Farmer. A Leader Among Agricultural Papers I Publisked Weekly at Chicago, Ills. Subscription Price, $1.00 Special Offer: THE COMMONER a a and -Both 1 year... Jll Jill PRAIRIE FARMER J VVV All Prairie Farmer subscribers will also receive the Home Magaz! monthly supplement Send orders to The Commoner, Lincoln, Neb, 1 4 n it it i