The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1867-04-06
Cau the sherman Act be Lee
galoy Testedl

C0O the SWebuoau hcs w
sally Testedi
nas ssrssent object 10 to explain how
the merits or dcInerits Of this arbitrary
messvrs can be brought under the cog
ni.aacc Of our highest Judicial trisu-
nal; q sooner or later, II must and ar
suredly will be contested in the Sa-
prcue Cour. And we trust that the
Few hints we here give Of the various
modes in which those who are oppressed
BY the act may obtain relief, will tend
70 elucidat@ the sutjsct, and point out
TO them a means whereby they may
avert the enforcement Of martial law,
which /. the destruction Of all laws.
A decision can be obtained from 10"
Supreme Court in several ways, OF which
the following arc ~ most direct
!. by the writ Of Quo Wmranfo.
2 by the writ Of Prohibition.
2 by the writ OF Hdbeds Corpus
4 By the writ of Ccrfiorari,
all of which we will briefly consider ]"
the order here named
|. The common law writ Of Que |
VdITHNb lNhlth ~ pie'ei"n'" ~ "
others in this case, because an adJnd,'
cation under it can be the most speed
" obtained, J is in the nature Of writ
Of right for the sovereign against per
sons who claim or usurp any Once,
franchise, liberty or privilege belonging
TO the sovereign, to inquire by what an-
thority they support their claim IN or
der that il right may be determined.
(S"lwyn's Nisi Prius
Now, a. the people are the sovereign
in this country, the proceedings under
this writ can properly bs had in the
name Of the United States, by the Az
torney General against the President
(who, rs the Chief Executive, is re!uir-
ed to admins ter the new law ;, and those
acting under his authority by virtue OF
the act Of Congress. Proceedings can
also be commenced in the name Of the
people Of any one Of the affected states
BY the Attorney General Of such state
against any pnrson who claims or AT
tcmpts tn ususp the now existing state
Government
In either case it will be seen that the
consti,utionnlity Of the enactment under
which such persons claim to perform
ihsir function. will be brought into
question, aud if it is found to contra
yenc the principles Of the Constitution,
the act will be declared invalid IN
which event all persons who have sui
lered removal from office ut the hands
Of parties acting under the presumed
authority Of such act will be reinstalcd
in the same in accordance with the cx-
is,ing laws Of their respective states
(for the mode Of procedure by Quo
! Warranto, We cite the following legal
authorities I,acons Abr title infor-
nation 1 Cownens \. Y. Reps,
297; 10 Johnson's \. Y. Rep, S57
- BARRIERS y. Y Rep, lii % ditto,
2ji all of which contain references to
the leading cases on this writ
II. Tho writ Of Prohibition is the
next preferable course l, is issued tn
forbid or prohibit court or party, To
whom it is directed, from proceeding in
a suit or matter depending before such
a court, upon the suggestion that the
cognizanco Of such suit or matter does
not belong to it. In England it issues
out Of the Court Of Kings Tor tlueens)
Bench, ~ all external jurisdiction,
whether ecclesiastical, military, or civil.
is derived from the sovereign, and the
administration of justice being commit
,'o !" great variety Vi ooor'si h'ls
zee" u'e care VI ,ne Sovereign 'n'.
."ese eo"r" Keep "''n'h "c MINUS an"
po""": " "e' e'''f" J"f''u's''on'
p'eser.pe" ''eD ny '"e "ws anu stat
utes OF t"s re"h"- Anu ior ,nis pnt
poso VIZ ''a"eu Tue wiz VI : ro"loi-
Won, ~",en ISSUES o"t VI "'o superior
courts o' Som'ao" LAW " restrain 'hc
inferior courts ron exceeding uc'r Ju'
''s"'cuo" "heu''' sue" courts nu tom
po'"' "nc'eS'ns''ca', "ar,,''hc' 'n1',a,y'
ee, Nn","" "pr, u"e, fon,u'
Won ".h n'"'h''o"e y "'P' ''i
'ocscs INST oo. ,,.
ne prosecuting ny ro"'"i"oh e"n eo
mAeh ny ahy perro" whose r'shs 10 me-
merry, or properly, Ii pe,ne urea or
"'J"u"n'eu 'pon ny M, "n y, Inv law
prosecuting, Whatever 70 Term 90.
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