The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1865-02-08
Tbs supreme Court Decision.

the soldiers Dung Law - - ''---
tan. aud ia. perhaps, on the merits OF The
Question. more closely log.ca! than tho WIT
Ten opjuions Of the other two concusF4ng
iudges. Christiancy and Cooley. We cannot
Ind space for their views. which cover I'VE
columns in the daily papers. They 10 not
differ IN conclusion from Judge Campbell.
and those who wisn 10 compare them Grill
ea!ly can find the opinions a. largo In the
Detroit Tribune.
Last week We published the opinion OF
Judge Martin. the minority OF the Court
fully sustaining the constitutionality OF tie
law. We think IL Is very ably written, anc
its conclusions are just and correct
As this decision Of the Supreme Court q
9 topic Of discussion all ovOr tho State we
will remark concerning Il,
/. That the Court could not have made
decision on any subject more unpopular and
more distastetul 10 the great mass Of citi-
zeus who put the Judges in nomination
and elected them by their votes. This fact
relieves the Court from all suspicion Of pan
dering to any party Or outside Influences ana
is convincing evidence Of the individual
sincerity and independence Of the judges
It's 10 Us also a proof that the election Of
Judges 10y the people does not necessarily
render them subservient 10 popular opinion.
2. This decision. having now been made
il binding on all the people. whether they
believe In IT'S correctness or not; and Il
should be carried ont every where. without
evasion or delay. We might as well not
have any Supreme Court. as TO have one
and pay no attention TO its decisions.
8. The immediate effect will be 10 dis
franchise more than l2, 900 officers and sol
diers. and to unseat some twenty or thirty
County officers in various parts Of tina State.
Il appears that the towns Of Lansing. Mar
shall, Niles, Ypsilant!. and somO others held
their elections within the charter hmita Of
adjoining cities, and therefore all votes so
given will be thrown out. This will unseat
many county officers. aud some members Of
the Legislature Of both parties, and Il IS
claimed will sseuro tho election OF Tro"-
bridge 10 Congress on the home vote. The
vote OF the town Of Lansing thrown out viii
unseat three officers In this county.
4 AS 10 the seats OF members IN tho Leg
islature which have been already passed up
on. the decision will not affect them. The
House and Senate having determined who
are members cannot get them out OF their
Houses except by expulsion for cause; and
any attempt 10 remove them In any other
way would be highly unjust 10 the parties,
and would place the body doing Il In III
diculous attitude before before the public.
5. The case Is entirely different, however,
with regard TO the seats for which ner con-
testants may appear since this decision was
rendered. It IS true that each House Is al
absolute judge OF the qualifications and
election Of its Owl members, and no power
can prevent II from doing just as it pleas0s.
But in taking action on these seats. he
members are as much bound by the decls-
Ion OF the Court as any other citizens s sTS
Of their liabilities as citizens. A refusal on
their part In determining who are entitled
10 seats, TO pay any attention 10 tho decis-
ion Of the Court, looks 10 US ike an actual
publication Of Il. We do not see any way
for them 10 evads their obligations In this
respect, II they were incined 10 do so. I'M
less il be by asserting that every body IN
the State is bound by the decisions OF the
Supreme Court except legislators. aud they
are privileged class Of men.
6. The practical result Of this decision
will be to deprive the soldiers Of all right
OF suffrage so long IS they remain In the
army. 1t is proposed 10 amend the Constl-
tuition by vote Of the people at the April
election: but Ii Is the opinion Of some legal
gentlemen that such an amendment would
not be constitutional, inasmuch as no
amendment can DO voted on by the people
except at general election" and the
April town meetings are not a general cleo
ton. II the Democrats follow up their Bit
ter hatred Of the soldier, they would
doubtless have the amendment set aside 0y
another decision OF the Supreme Court.
But suppOsing this TO be properly perfected
IN April. the soldier con only vote al the
rrst general election, which will be In No /.
vember. 1886. when We hope 70 have no
soldiers In the field
J. The result Of this decision, In a polItI- /
cal or party point Of view, will not amount I
TO very much one way or the other. The I
change OF some County officers will not az /
iect the relative strength OF parties; anu
the admission of several Democratic men, 4
beers Of the Legislature during the last days 4
OF the session will have no perceptible ef- 4
feet on legislation. The only durable efecl 4
on party matters that We can see is the per
manence and increasing intensity Of dislike
towards the Democrats which the soldiers
viii feel In return for the hatred which has
deprived them of their rights OF citizens
merely because they had become soldiers.
6. In common with the rest Of the people
OF Michigan. We submit cheerfully 10 this
decision, as the mandate Of power which
we do not wish 10 resist. But We do Dol
therefore believe in the decision as deduc-
duction OF truth, nor approve OF it AZ
rule OF right; for We regard Il as being
neither the one nor the other. Il IS an
opinion Of certain judges. and nothing
more. Il does not alter the real nature OF
things in any respect. II the Court should
decide that the sun did not shine, would Il
therefore cease to shine: The Court has
DO more power 70 change things In the men
tsl world than they have in the material
universe. There Is just as much reason to-
day for believing the law to be uncons,itu-
ilonal as there was the day before the &C.
clslon was made. The opinion OF the Judges
does not change facts, or the merits Of the
Ease. II sixty thousand citizens Of Nichi-
gan have believed the law constitutional.
hey have precisely the same reason for be-
leving so now unless they are convinced
BY the arguments of majority Of the
Court II one Judge. instead Of siding .
With bis two colleagues, had stood with 1
Judge Martin, the constitutionality Of the