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Show ARBITRARY AUTHORITY- W hen men of mediocre ability, who luivo spent tho early years of their, lives in civil pursuits, are suddenly called by the exigencies of a great war, such as that of tho American rebellion, to assume military position?, no matter how. unimportant, it is difficult for them to throw off the desire to continue con-tinue tho exorcise ol arbitrary authority when they return again to civil life. There is a fascination in power which impels great minds to mighty projects that they may gain its possession, .vhile of weaker mon it makes petty : tyrants as thoy have opportunity given : them for its exercise. In no oountry . lias this been more forcibly and fre- ; qucnlly shown than in these United Slates since the rebellion was suppressed. sup-pressed. Men who had served their country, as a rule, were selected to lill civil offices under government, and where thero wad opportunity offered, as in the subjugated States, the former military officer often became the contemptible, con-temptible, petty tyrant to" strut around and show his little brief authority as a demi-deity who had power to exercise and was determined all men should know it. The same manifestation of arbitrary power has been seen in this Territory Terri-tory for over a year and a half. The theory upon which it has boon based is, that tho parly which was dominant domi-nant in the nation during the war of rebellion is the nation; that it has shown its power in a terribly bloody and successful war; and thai it must not only be recognized.by all ackuowledgtug it as such, but its power must bo exercised, wherever possible, to make all concede that it is, always has been, and always will be right. It holds that there arc certain meu and certain things in this Territory whom it must make 1'eel its power, and to accomplish ac-complish that purpose in the arbitrary style oi'a military commander officials decide and act regardless of civil rights, precedent in courts, or statutory enactments. In. accord;mi.e with this theory, a (jovernor of the Territory assumed assum-ed that as commander-iu-chief of the Territorial militia he could be as despotically mandatory a.- though he were commander-in-chief of an army confronting an enemy in tiuio of war, irfioritig the fact thai a ciiuen-soldicry, in times of peace, have certain rights secured to them by law in that capacity, of which no commander-in-chief cau .-trip them. And his position was sustained in the tiico of and in defiauco of law, by judicial, opiuiius given by officials tor whom office have greater charms than a lair and honorable reputation. Fazios from the executive department depart-ment to the bench, wc have had de-ebiou de-ebiou alter decision given avowedly under the same arbitrary exercise of power. The judicial position has been aud is.'T rule !'' Aud acting on the theory of arbitrary rule, Territorial legislation has been recognized or ignored ig-nored as it suited the judicial determination determi-nation to e fleet a purpose. We have bad witbin a couple of weeks pa.-t a judge decide in a cj;c involving the fiueitiou of ILeo.-i:, that lo impose a liceuse which virtually amounted to a prohibition of au artido of commciee, such as spirituous liquors, was unconstitutional, uncon-stitutional, and that the license imposed im-posed in this city was virtually such a prohibition, at (he very hour when a new .-aloon. was preparing for opening, with ten times the number in the city - "' which existed here three years ago, the population not having increased one half more than it was then. This was simply an exorcise of arbitrary authority, undor the guise of lawful authority, whivh encourages intemperance, imuiuraliiy and crime. Of course authorities wurc cited, but we never met a lawyer so poor, so contemptible a professional mz&, that he could not cite authorities in support of his position no mailer hw flagrantly wrong. Such a man, could , he be found, would disappear from the bar, for lack ofpraclice, as a mushroom ; melts before the action of nail. So we , have had decisions ignoring the existence exis-tence of Territorial officers, rendered, as it is well understood, for thecrpres ' purpose of .securing packed juries; and lest there might accidentally be sworn upon a jury a man of honesty and liberal sentiments, who would possibly aland in the way of a conviction if the individual to be tried hhould appear innocent of any crime alleged against htm, new and unheard of tests as to the qualifications of jurors have hern '. invented and are applied. Considering the fact that a the law Mauds no appeal in a criminal ca-e can be carried beyond the supreme court of ibis Territory, and that the action of the judges comprising the tribunal cannot be revised nor reversed for some time at leal, the decisions, iiiluigs aud opinion- of its members are open to the grave chart! of being clearly de-ei.-ions of a miliiary character and ful-I ful-I initiations of arbitrary authority. We hav an abiding eonli-' eonli-' di'iice in the final result. The na-1 na-1 tinn is heartily lircd nf arbitrary rule. It ejlls Ibr the supremacy of law over , individual power everywhere. The , treat bulk of the two dominant par-', par-', ties of the country feel so, and Were a ' party organized on a platform of con-i con-i sorvaiiMii, recognising tho real issue of the hour, it would sweep the entire ; Kcpublie. Km so binding are the ' claims of party held to be by most men that it rectus nearly impossible for them to break asunder partisan lies , and rtep forward to act freely as they . desire. Vet such a parly is clearly foreshadowed, and when its organization organiza-tion is announced it will speedily gather I such strength that it will hurl these men of arbitrary rule first from authority author-ity and lhn into oblivion. |