The Empire County argus., 1854-10-28

State shall become the proudest and our people the
best in the Union as they already the most per-
severing.
Court OF SESSIONS Some time since we ALLUDED
briefly to the important decision Of Judge Monson,
declaring that the ourt of Sessions has criminal
jurisdiction only. I his decision is based on IL con-
stitutonal provision. The Jud &c says:
" e have no right to consult consequences. as re-
CARDS usage and practice have no right to
change the Constitution All acts Of the Legsla-
lure must conform to it, and where they do not,
Courts compelled. 1t is their imperative duty
10 declare all such acts null and void lhey have
no option i'll the matter; they cannot close their
eyes upon The Constitution. it is the supreme law
OF the land it contains the permanent wall OF the
people. Judges have no right to disregard 1T; no
plea Of necessity will justify them; &c.
The doctrine OF Jud ye NlOnrOn, that Courts of
Sessions have civil jurisdiction, is sustained by
udge treelon in clear and pointed decision rem
dcred 18th inst. in the matter OF the contested
election for constable of the 1st township, city of
San trancisco,-Samuel harding, contestant In
this case motion made ITO set aside the pro-
ceedngs upon the groun.. that the Court of Ses-
sons has no jnrtsitt'o" Of the SUBJECT matter
Upon sho motion ~udge rrecon says:
Al ticlc Z, 8, OF the Constitution Of the State
vi California provides tlat The uunly Judge with
The ouotcco uG The clce, To he dcs gIitted accord
my to law shall mold Courts Of Neoeions, with such
CitMfWH JurSuictun us the Legislature shall pre-
scribe" Except IN this the Con ttu,Iun does not
III amy manner refer To The Courts OF SESSIONS. 1t
Is culicc"cd by counsel that this is not criminal
preceding. Ur IN thc nature Of IL crimIual proceed
my, but cI\l III all It's features it Is 80 PLAN,
then. q uiI,lturru The
Constitution Is To govern, this motion must he
granted that counsel could well rest here.
Again the Court says:
Let some Of the decisions Of the Supreme
ourt upon this point. he ConStitu ion gives the
supreme Couri jurisdiction in certain app Hate
eases. 1t dies NOT say that they >lIal ..li nave
juiiad clion &c p; i'll appellate yet the SUI
prrnr our h"l'in ihat liry can have no juriedlc-
t"n cXcrpl u!p Haze. the oioh utitn say iIat
thr I~,IIct cur ohal have certain or, gluol ur.a
'nc'i"i II does not -'y tnaf 'n'y shall ii nave any
app Haze Juri>dic Ion yc' the supreme ourl holds
tnat n" legislative rc,lun can give them appellate
JdtouIcti"n 90 III tins Cast. thr constitution says
,hr ouito u. session, shall have Ger ain "crmnul
JuriN'hctluns, it does II" >Ny lh,y sull at hay,
amy hut CRIMINAL jurI>dic'i"u hui the h. cal llin
CA lr u co>lluc,,u,, ''thc vXpr, >stn Of power
excludes another. ctlcclaly whru II /, opposite
iIc"siHtcnl, comc> IN hcl' and Operates a> III the
other W" ch>c>. it s. as IL RESTRICTING clause ii
il not i"r me i" defend thcoc drclsons "t the fu-
mtmc Court hey are founded III wisdom. based
up II safe principles oi constitutional construction
tud the law u. the land. r. analogy between
these ca,or Is tuu lain to admit Of d,ub,. L. there
Wee any dub, IT would be agains, the curt of
sessions ltmt'd. special and barely constitutions
al tribunal.
IN couclu.i"n the udsc employs this emphatic
language:
II Il L. r / /
eide a-alu, their own jurisdiction bur IN ctseS of
doubt 8" leave il higher tribunal to decide
against them hu, in this cast have no doubt
1t Is also hard. when IA ourt b lieveo that par
~ should be heard to throw them out of Court,
upon what may be looke4 upon a
strrction Of law but in this believe the
party has speedy and safe constitutional remedy.
hy "qto rirIantc, in the District Court but. if
he has not. inhrxible law must not be too much
bent, or it will break
Motion granted
The Constitution is explicit and Imperative and
the decisions of Judges Nlonson and Freelon in
accordance with the principle involved and >us-
tanned Ivy the Supreme Court. Courts of Sessions
therefore have only criminal jurisdiction. In civil
proceedings they are ppwrrless ami a complete
nullty. This Court being then in civil matters
nuiy. per cannot have vitality breathed into it
by Legislative action, and if it proceed audit ac-
counts the Auditor will become Individually rcspon-
,be for the correctness of each bill allowed and
order signed by him in pursuance of such action,
and fof every account allowed in violation Of law
by the Auditor he will be liable to the County in
an action for damages. The Court is powerless-
the Auditor therefore is the only auditing officer.
and in all his acts the Court of Session afford
him protection. has no authority or control over
him whatever he must therefore act upon his own
responsibility and see that he signs no orders on
the Treasurer without proper authority If he
should he will be guilty Of malfeasance in Office
AS matters now stand the law is wrong in rel;-
ton to the powers Of COURTS IF Sessions. an eyre
giou> blunder in fact ON the part of the Legisla-
turo, and can only be remelied ut the approaching
session. Till then. some nconvenirnca may occur.
bat constitutional law must be Observed by our
Courts if not, day of reckoning will surely come
EATHER.-Early in the week rain fell moder
ately. Wednesday several dams the Middle