Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-11-28
fndian, appr,isemcn: E-aws--Dcc.sion
cf E,us..-x. %;yIcr.

500. lie offered tor sale and the plaintiff bid little
rising OF four hundred which the highest bid, andn
beng the # the appraiscneni Tie Sheriff re-
turned the land not sold Cor Of bidders aud &C.
fence the action against him. tor not striking II OF 10
the plaintiff h- bid, lie plead the aPpraiscment law
This brought mp the validity Of the law The following
is the Judges opinion .-j9ersa man"
The plaintiffs By their counsel acse that this plea i
no bar IL ther action hecau>. They NV that Act Of
the Legislature of the lih of February lel3. uncon
sti;uonal and void. They the posuon that The
law force the time of making the contract j. part
Of that contract and consequently that the Act OF ehru-
ary 1913 requiring lands be sold Execution At their
full appraised value, judgments rendered on contracts
made before the passage OF the act impair The validity or
obligation Of such contracts.
The defendant contends that all laws prescribing tie
mode Of selling lands or other property on execution are
laws of the remedy and not of ''e contract and there
fore. that such laws are constitutional.
The IGh section of tie 1T Act Of the Constitution Of
the United States. prohibits States ffo passing any laws
mpairins the Obligation Of contracts he Ioih seeuon
of the lsi Ant Of the Constitution Of Indiana proiiis
the Legislature from passing any law impang the vail
div of Assuming the position. that there =
only verbal difference in these two constitutional roN
sions think that there l. but one question presented
10y THIS Demurrer for our decson. Docs the law re-
curing lands or other property sold ON execution To be
sold for the tall appraised value. violate these prohibitions
in our and Federal Constitutions. ii tins law =
constitutional the plea is good II n j. unconstitutional
the plea is bad The - Article # the Constitution ct
Indiana provides ha tie powers OF the government 81
cach Of them be coufded to separate body OF mag
isiracy VIZ: Those which legislative 10 one those
which are Executive. 10 another: and those winch are
Judiciary another. Nnd no person or c"i'eehon OF
persons being of these departments, shall exercise
any power properly attached 10 either OF the others oX-
eept the instances herein expressly permitted h'S
ariic Constitution requires Tie officers OF each de-
partmcnt Of the government within their pro-
pirate spheres official action and 90 operate M the dis-
charge of their official duties, check pom each o'hcf
The Legislature can make laws. the Executive depart
mcu can them but II belongs oAclusit ely 10 ihe
Judiciary department TO expound Them
The State ard Federal CONSTITUTIONS are the Supreme
laws of the therefore, they obligatory upon
every officer each department Of The government I've
" officer of the State and United States government, j.
bound 10y solemn oath to support in",e constitutions z
the paramount Laws of the land. Ii therefore, any laws
passed 10y the Law making power, come IN conflict WIN
those constitutions. the duty of The Judicial author"
~ of the county To- adiudse them null and VOID and
thereby support the supreme laws OF the land Ia per,
forming tins high and important trust the Judiciary should
be guided by great elementary principle OF The com
law.
Tins pr,ncnle rosnnes over, man and especially every
officer of the Government do iS duty. II l. The duty
Of the Legislature enact none hut constitutional lN''
and therefore the courts Of the State bound To pre-
sumo that bat constitutional laws are enacted "'
the contrary maniftsy appears The right therefore, {"
Judge pronounce law null and r0'd y comheu J.,
cases here the Legislative enacmen are clearly ana
probably contrary some constitutional provision
doubt on constitutional qu son is 10 acqnit The l"sl'
laiurc Of the supposed offence of cnac'ng laws IN N'
: of the Constitution.
i, Judicial doubt leaves the presumption that The
laws are constitutional aud ia iu force Tie ltl &C
ton of the Is; Article of the Constitution of indiana pro-
vdcs all shall be open and every person Tor
an INJURY m in his lands, goods person or 70
puaiion shall have remedy by due course OF law and
rssi and Justice administered without denial or &C.
lay, IN tins constitutional provision. the f@his q" q"
r,rsois are secured and remedy prev jed Ton cry
species If injury done il.r rights 10y due conf~e g"
4 law VI hat l. this due couisr %! aw We ihnN d D.
law organizing he courts tc law pres "iS '" ''
aud mode of bringing sulS Of rendering iden'ni-' %
= ~>iu- Nreunu-. and ct - .lts property la ' s'''-
r. fiction Of such judgments Thee la"~ !" H." naini' 4"
n things. must be changed, nsei' a. amended 81 i'i'"'
d Is the Legislature may deen Apct.'ni
3 The Ier ioc, contracias the contract and a.
Is L,r fori the remedy Tins j. tie general p"nrip' @
- and Federal courts siurgcS Cro,,n- led " h'1i
r cn ~ ~ Marshall -. 3 l!a~ou- feP -
d Burrows, Hall, 4 Co = lIanncsan Mci.ca" 5I' ia
supreme Cont If this - 'c has decided i'' eur "'n
e. OF limitations L. constitutional.
II tic Legislature caa enact law Withholding ~
r,in,dy ior breach If Contract afi'"r i"~ '"at h
q ayc The power Chang, luotii, tens. ~, in ~
= manner. Legislative wisdom may direct ''''N '4
t,ut rendered rs court o Record tor Tic r'ooN'F
i money. T. the inuudati "a Of an aeuon "i i."'-
contract aied ~ operation ' the la" ""a i " '-
and b. tier security than TINT adc 10y e Aci 81 ih @
tics aud for the breach 81 vhh judgement j.
, The rendition 81 Judgment . r any 'i'. ~
90 Is the cNungli-nneut al -nch contract Ire i'"- "
IS "a part 81 the remedy provided m th' ro-i" ''i
r due course OF li~ fla f4e iijrfN me 10y 'i'' ".''
such contract Tie conii"'i ana me ''m''s '''
j., the nature 81 things, be essentially different :, ~" D.
r ,iafinp Tie r.ulo,il only ca.ut inar e o.iea'Nl
"A contract already eNtEushed H. TIE case ~ -
~ and Others Doc Tic doai-e Of Eapp hlafi f-
~ ID decided Us supl,no Govt, 90 '"nsi'n1 ia
.i.. Els, 81 In1ai.a. tat hid l'~s tsan i~" :! fc
~ rho. appraised ys,re q tract - lama rt"a ." p.
=, St' i,no bid ~ ai.ad la' SADIE On such bid, 10 '''
ic i- ,a~, and iio oue before VS. .fc 'riN afi'-
\, II t. hd IN c~e being les utn llali &" c aiia
20 ed ,a'ue was nuy. til Vie lid L'''Ic 49, -,
s, ,-- than iie i'li appraised fai' 80 il.e i-'
~ eri~t also he Iifv Il nnatirtic' a!l
nj states ior,eula'e The mode 'a'-qo.ngt iio o. '-
al ,,,, ieir territorial f-,e io-N A'ai' " &C., !