Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-09-16

ment in the usual form. Nor can l recognize The
r'gh' OF the State Of Kentucky compel han, TO
conpel the C"urts of the United States, 10 pas,
through ibis subsequent process before Board oi
Commissioner, aUd afterwards, purchase has jlg-
ment IN the mode lresci ii,-d .l the state laws do
not deny The right o. tive State 90 give the hen, and
To give The aonOa tor Improvements hui do de-
NV the right To- lay the Courts of abe United Sai.s
u"der an ohhgaiion to withhold itom plaintiff Tie
Judgment 10 whct, under the established practice OF
that Court, he had ent,Ile, himself
II may he argned, that the Courts of the United
States, m kenuck, haze long acuuiesced IN u
pil"nce whh these laws, and thereby have adopted
u.is course OF proceeding into then pTactlce.
ihi>, sdmi', eorrect reasoning for the Court
pos ess"d the power o making rules ofpraciice aud
such rules may 1e adopted 10y Eabt, as well ~ hy
framing literal rule. Bot the facts, with egard To
me Ci'cui Court, here, could only sustain the argu-
men as Ia the occupying claimant law OF 1871, since
lhAi OF lSl2 appears 10 have beCn early resisted.
mere, however, am led TO an i"qur, which Will
equally "heoi the validity Of both laws, viewed "a
t"es OF prac,ice as e.ieCuns fund tn,endi right,
| incident to remedies in courts of Law.
u +, obviously, leading object OF these laws,
substitute II trial by u Board ot Commissioners, for
."e 't'' by jury, as TO mense profits, damages aud
II q"antitn Hieruit Without examining how i,r the r-
sai've pow rr % Kentucky is adequate this change
In ats own Courts, am perfectly satisfied, that II
| cannot be int oduced by State authority into the
ours of the United States. And | 20 farther: the
Judges OF these Counts have power tn make the
c. nge for the constitution has sedulouSly guard
Gu he tr"i 10y jury (Sere' article Of amendments j
aud tue Judiciary act of the United STATES both Ie-
recognizes The separation between common law aud
equiyproC eedings and forbds that ANY Courtshould
bend aud coniound them
These con ieraiions lead me 10 the conclusion
thai the defendant is entitled judgment under
either oi Iiie under consideration, even admit
ting them 10 be constitutional bat il, under either
certainly under that alone which has beeu adopted
'nio The practice OF the u. ). Courts in keatueky
CERTIFICATE. This canse came on to be
heard GU the transcript OF The record oi the Circuit
Court OF The United States for the District of Ken
lucky on certain questions upon which the opinions
oil the Judges OF the said Circuit Court were OPP
posed, aud which certified 10 this Cuuft or
their decision by the Judges Of the said Circui, Cour
ana was argued 10y counsel On consideration where
OF, iiIs the opinion of this Court tina, tie act of the
sad State OF Kentucky, Of 9Th of February, 1897
concerning occupying claimants Of land, whilst il as
~ ioice, was repusnant % the eIasttition of he
y. oiatrs but ihSt the same repealed bS the &C
OF me SlsI oil January, 1912, TO amend the sand act
ana That The act last mentioned is also repuguant lo
the constitution OF the United States
lie opinion given on the first question submitted
10 tins Court hy the SAID Circuit Cour,, renders i
unnecessary to notice the second question.
All which is ordered to be certified 10 the said
4 Circuit Court.