The Empire County argus., 1856-06-28

mitted." - ~
Art. 4. sec. l, Provides that
"The legislative powers of this State shall be vested in
Senate and Assembly which shall be designated the leo
isature of the State of California" WIZ 's
Art 3, Sec l, Provides that
"The Supreme Executive power Of this State shall bo
vested in chief magistrate, who shall be styled the Gov
ernor of the State of California"
Art 6, sec l. Provides that
"The judicial power of this State shall be vested in n
Supreme Court in District Courts in County Courts and
in Justices of the Peace y and that he legislature NAV
also establish such municipal and other inferior Courts as
may be deemed necessary.
1t may not be improper here to define terms will
therefore, here remark that Legislative power enacts laws
judicial power expounds laws and executive power enfor
ces the execution of laws. By reference to the provis
ceived that the whole of the legislative power is vested in
the legislature that the whole of the supreme executive
power is vested in the Governor and that the whole of the
judicial power is vested in the courts.
Can any of the powers thus delegated to the legislature
to the Governor to the courts be exercised by the peo
pie at large at general or special election? apprehend
not Powers delegated to the legislative to the Governor
the courts cannot be transferred to the people at
large.
submit the question of the removal of the County Seat of
Ell Dorado County to the qualified voters thereof" u.s. or is
not constitutional. AS has areadv been remarked the
Constitution of the State requires that the object of every
Act shall be expressed in its title The object of the law
under which the late election held is thus expressed
That object is clohe the qualified voters of Ell Dorado
county with 2egsqtjge pocer BY the provisions of that
Act provided it is not defective upon its face to
amount to nothing, if majority of the qualified voters of
seat is to be removed to that locality without any further
Act of the legislature The county seat of El Dorado
county had been placed at Cooma by an Act of the eg
ature passed the 25h of April 1851. law of the
land placed the county seat at Coloma law of the land
necessary in order to the removal of the county
from that locality Without such law removal could
legally take place. law of that kind, the legislature
themselves refused pass: but they virtually transferred
their powers of legislation to the qualified voters of
Ell Dorado county; to be exercised at election That
such the virtual effect of the Act admit of
doubt The Act referred to dd not necessarily express
the will of a single member of either house that the
county seat should be removed to Placerve. "No men,
Der of" the legislature "who voted for the Act Sin its
several stages through the two houses could be charged
with any inconsistency of conduct for being found oppos
ing it at the polls" No member voted that the county
seat should be removed to Pacervle but merely that it
should be removed to Pacervle, provided the people
said So
deem it justice 10 the subject and justice to myself,
TO give extract from decision of the Supreme Court
of the State of New York. directly applicable to the point
in question. That extract is in the words following:
"Every government says able writer upon constitu-
tonal law include within its scope, at least if it is
possess sufficient stability and energy, the exercise of
the three great powers upon which all governments are
supposed to rest, viz: the executive the legislative and
the judicial powers The manner and extent in which
these powers to be exercised and the unctonares in
which they are vested constitute the great distinctions
which known in the forms of government (Story on
Const; book p ~ In the States of this Union, while
all the powers of government supposed to emanate
from the people, and to be exercised for their benefit
there is principle universally recognized during
their whole history than that these powers be
exercised by the people directly, but by representative
bodies selected from the people, TO represent them in this
respect This and the separation Of the great powers of
government into different departments to be exercised by
separate and distinct tunctonares lie at the very founda
tion of every State government.
Not State in the Union is there that does not recog-
these distinctions primary and fundamental and
The very foundation upon which the permanency and sta
bility of its institutions rest"
"Assuming that this representative principle lies at the
foundation OF our government and that the Constitution
designed to designate the functonares by whom and
the manner and form in which, it shall be carried into
hof
cult Of solution.
Upon examining that instrument we find the executive
legislative and judicial powers Of government properly
distributed separate bodies and the necessary power
delegated to each In this distribution the Legislative
power OF the government declared to be vested in
Senate and Assembly. The number composing each
branch is fixed, and the manner of their election and du-
ration and term Of Office is prescribed
The number necessary to constitute quorum for the
transaction of business the number necessary pass the
different kind OF laws is there designatedthe form of the
enacng clause is given and freedom of debate is secured.
The provision Of that instrument, that the legislative
power of the government shall be vested in Senate and
Assembly, of itself would seem to preclude the idea that
there any other power authorized to exercise the
functions Especially when we observe the care which
the trainers of that instrument have taken in organizing
these bodies and in providing rules by which the merits
proposed laws may there be discussed freely and by
which no law be passed without a concurrence of
majority of those elected to each branch cannot resist
the conclusion that it the design of the Constitution
to vest the law making power IN the Legislature, and
nowhere else 1t is true that the Governor is endowed
with qualified veto, and in peculiar the power
given to the legislature to refer certain great financial
questions to the people These specific powers defined
by the Constitution ITSELF and afford in my opinion,
authority the legislature to refer to the people other
matters, over which no such power is granted. AS to
such Matters the exclusive right TO egisate is vested in
that body, and that alone
Whence then, is the authority derived from the egsa-
dvest itself of this power? The mandates of the
Constitution binding upon the people in their
ereign in their individual capacity. If by the funda-
mental laws the power to make the necessary laws of the
country be delegated to the legislature the people cannot
except by changing the Constitution resume the power
Again, it is well settled principle that where trust
confidence contded to any class of persons
what trust what confidence is sacred resposi-
be than the power to make the laws for free people?
The power not only delegated the two branches of
the legislature but there is Obligation duty imposed
upon them to make all such laws are necessary and
proper for the interests of the people and good order Of
the body potic-a duty from which they may not dis
charge themselves except by faithfully and honestly dis
charging that duty If they may discharge themselves
from the responsibilities which the Constitution has de-
volved upon them in case they may in another and
this most important of all the functions of government is
entirely aioat vested, in fact nowhere II bill may In
this manner, be submitted to vote OF the people at the
balloboX for adoption rejection it may far legis
lave power concerned be submitted to mass cOnven
tiOn.
The right to egisate in this manner placed, upon
the argument almost if not entirely upon the assumption
that the legislature authorized to pass conditional
assuming that the nature Of the condition
could affect the question If this assumption be true
of convention to select body Of men, even to
foreign potentate may be made the subject OF valid
condition.
But why should this method of procedure be confined to
the law making of the government? Why not conhne 1t
the executive and judicial departments The functions
,liph tla