Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-05
Grand total, 9,625,73i
KENTUCKY LEGISLATURE.

KENTUCKY LEGISLATURE.
Hr. Pope from the committee to whom
was referred, So much of the Governors mes
sage as relates To the laws, concerning occu-
plying claimants of land made the following
report
The committee to whom was referred that
part of the governors message which relates
To the laws concerning occupying claimants of
land, and the latter decision of the supreme
court of the u. States thereon, beg leave to
report:
That 1t appears to your committee, that mt
the last term of the supreme court of the u.
States IN the case of John Green plaintiff, a.
gainst Richard Biddle, defendant, am opinion
was pronounced by the SAID court, in which
the acts OF this commonwealth, passed ON the
eth day of February, 1897, and on the 81 st
day OF January, 1912, concerning occupying
claimants of land, are declared to be uncon-
stltullonal and void, upon the ground, that the
said debts are violations of the 18th article of
the compact between this state and the state
oil Virginia, that compact being part of the
constitution of Kentucky
These laws have long since received the
sanction of the highest Judicial tribunals OF
this commonwealth, and have governed the
proceedings of the superior courts in all cases
coming within their provisions They have
become the rule aud basis of numerous con-
tracts and compromises, and in faith of which
the lands ofthe state have been improved and
cultivated. Virginia has not complained of
them as violations of the compact, but on
the contrary, has long acquiesced in their en-
forcement
Your committee have ascertaned that no
counsel appeared IN the supreme court for
BIddle, or in support of the laws in question ;
and they have good reason to believe, from
Information received that Biddle had no inte-
rest In the case that ii had been long before
settled between the parties, and that Biddle
purchased the land in controversy some years
before the argument of this case in the SUI
preme court. The committee are satisfied,
that the parties have no interest in the case
decided, and the object of those concerned in
Its prosecution and management, was to OBJ
tain from the court decision against the va
hdity of those laws.
This opinion ofthe court has been suspend
eel Until the next term, for further cOnsidcra-
ton and argument. 1t will, if confirmed, not
only implicate the character of the state in
having violated her solemn engagements with
the parent state, but must deeply affect a
large portion of our meritorious citizens
Your committee are aware of the decacy
and caution with which the decisions of the
judicial tribunals should be questioned by the
legislature, especially in cases involving the
rights OF individuals. They feel, however, in
great degree relieved from any embarrass-
ment on this point, from conviction of the fact,
That the case of Green & Biddle, if not in
ITS origin, is at this time not real but licti-
tious one.
The people of the several states and of the
United States, have distributed the powers of
the government among different departments
or bodies of magistracy, and their faithful and
harmonious cO-operaton is essential to the
peace, safety aud freedom of the people
They mutually check and aid each other Mu-
tual fOrbearance and respect are necessary
and proper. Allowances are to be made for
those ordinary errors which are incident to
men in every situation. Neither departments
should question or arrest the acts of another
for slight causes But fOrbearance and acuui.
escence have their limits If the legislature
pass an act clearly unconstitutional, and the
case ought To be clear one, the judiciary NAV
refuse TO carry it into effect. The people
have not made the Judges a board of censors,
To- correct legislative folly and error, but to Sc
cure to in" citizens a fair and impartial admit
nisiratiOn Of Justice, according To the laws II
Is equally the duty of the legislature and the
Judges To regard the constitution. Those Sc
lected by the people TO exercise legislative
power, are bound to- keep within the pale of
the constitution, and are responsible To the pco-
pie for a violation. They must construc the
constitution according to their best judgments {;
aud alter they have given construction, and
passed law, the case ought 10 be strong
one, to authorize the court tn defeat its opera
ton. And If the judiciary should transcend
IFS legitimate limits aud impair the preroga-
tives of the legislature, on subjects of vital
Impotence, il will be The duty of the legisla
ture TO interfere Mutual forbcarance preserves
harmony aud cautious, discreet resistance is
necessary to keep each department within lis
proper sphere OF action.
On question Of such vital importance TO
the good people of this commonwealth your
committee deem ii the duty Of the legislature
to maintain the validity Of their laws, in a
nianner respectful to the supreme court Of the
nation, and rcgrdful Of the dignity of the state
and interests of the people
Your committee, after the most mature CON
sideration, are unanimously Of opinion, that
the acts Of 1897 and 1912, concerning occu-
pying claimants of hud, are constitutional
aud valid, aud founded in justice and sound
policy. The committee have thought it their
duty to examine, in concise manner the
principles and reasoning of the court, in the
opinion referred 10, and the Justice aud policy
Oft The laws.