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 THE PRESIDENT'S ADDRESS

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tracked and started his game, when his imprisonment, devised in some cases ex blood is stirred and his whole being is pressly for the purpose of preventing a aroused by the spirit of pursuit, to sit down resort to the courts for relief. When the calmly and deliberate whether or not it is highest courts of the land, not exceptionally, right to destroy life for the sake of mere but with a frequency that almost makes it sport. Wrongs, great, flagrant, volum normal, divide on constitutional questions, inous and inveterate, stirred to action. In often determining the result by a bare a spirit of passion wrought upon by dema majority, a lawyer will rarely, especially gogues for selfish purposes, the people sought when the question is new, advise a client to an expeditious remedy. Judicial, legisla pursue a course, which, by subjecting him tive and executive functions were hopelessly to the possibility of paying cumulative confused and consolidated. The offices of daily fines, and to imprisonment, may informer, prosecutor, judge and jury were destroy him. Though strongly persuaded, combined in the same persons. The most if not entirely convinced, that the acts if astute and experienced mind could not contested would be unconstitutional, he contrive a better system for defeating may counsel submission to what he regards justice. Mr. Webster said : as a taking of property without due process "If we will abolish the distinction of of law and an imposition of an oppressive branches, and have but one branch; if we and confiscatory burden, rather than incur will abolish jury trials, and leave all to the the hazard of financial ruin. A statute judge; if we will then ordain that the legis framed purposely to create such a dilemma lator shall himself be that judge; and if we is tyranny worthy of draconian renown. place the executive power in the same No government can with impunity continue hands, we may readily simplify govern to exercise such oppression. It is a "hold ment. We may easily bring it to the up " by the government itself, under the simplest of all possible forms, a pure despo forms of law. If pursued it would pervert tism. But a separation of departments, all sense of justice and accustom the minds so far as practicable, and the preservation of the people to the sanction of wrong as a of clear lines of division between them is practice of government. The vice thus the fundamental idea in the creation of all implanted would take on new forms of our constitutions; and doubtless, the con legalized plunder and surely destroy the tinuance of regulated liberty depends on integrity of our institutions. maintaining these boundaries." A recent state statute establishing the The American people will not perpetuate compensation to be charged by railroads a system so foreign to the principles which for the transportation of passengers fixed have been the foundation and safeguard of the penalties at such an amount for each their prosperity, property rights and civil overcharge that, if the railroad companies liberty. Their sense of justice, when a full contested the validity of the rates and understanding comes, will not sanction its failed to establish their contention, they continuance. While there may be com would have run the hazard of forfeiture missions, the judicial function will be to the state within a year of the entire exercised either by bodies distinct from railroad property within the state. The those which investigate and prosecute, or by decision of the Supreme Court of the the courts. United States in Ex parte Young that Much recent legislation of doubtful con "when the penalties for disobedience are stitutionality, congressional and state, has by fine so enormous and inprisonment so been practically enforced by provisions for severe as to intimidate the company and minatory, heavy and cumulative fines and,its officers from resorting to the courts to