The Rise and Fall of Anarchy in America: From its Incipient Stage to the First Bomb Thrown in ChicagoMcLean, George N.
History
The Rise and Fall of Anarchy in America: From its Incipient Stage to the First Bomb Thrown in Chicago
McLean, George N.
Anarchists -- United States; Haymarket Square Riot, Chicago, Ill., 1886
Mr. Grinnell, addressing the court, said that it had not been his
intention to take part in the oral argument, and that he came here
primarily for the purpose of assisting Mr. Hunt by means of his
familiarity with the record in this case. He thought that by the
presentation of the law and the facts yesterday it was clearly shown
that there was no federal question involved, and that the court was
without jurisdiction to grant the writ of error. The assignments of
error in the lower court, and the parts of the record relating to the
jurors Denker and Sanford had been printed and were in the court's
hands. In all the twenty-eight assignments of error there was no
reference directly or indirectly to the constitution of the United
States or any of its amendments. There were some things, he said, which
were here generally conceded, and one of them was that the constitution
itself confers no rights which need be here considered. It is simply a
limitation of the rights of the legislative power in dealing with the
rights of citizens.
THE QUESTION OF JURISDICTION.
The constitution of the State of Illinois contains almost all the
provisions which are embraced in the constitution of the United States.
This court had settled, he believed, the question of jurisdiction as
far as the first ten amendments are concerned, and also, he thought,
under the fourteenth amendment. The only clause of the latter which
could figure here was that "no State shall deprive any person of life,
liberty, or property without due process of law." Whatever affects
liberty and life is made by this clause to affect also property. If
the court has jurisdiction of this case under this provision of the
amendment then every State question relating to property, such as
special assessments, the condemnation of property, etc., might be
brought to this court for review.
The Chief Justice--"Because they take property without valuation by a
jury."
Mr. Grinnell--"Yes, your honor, in some cases they do, especially in
the matter of drainage, where the proceedings may be before a justice
of the peace."
PEREMPTORY CHALLENGES.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account