The Cairo daily bulletin., 1870-10-08
Ghr 4ntlrtin.
THE COOK COUNTY APPCH'
TIcNMENT.
a,.o,rtc NuiIity cf the cGo'"rnor'H H"'
elementary Proclamation

.corr,,pon irrcc OF t!,c ,hrI4' I.i".-'
.,aIaw,er. and member "I the i1'e
',i,,,;onal convention, | respectfully
.ngres, that the supplementary pro'i"i,"-
80 If GOV. Palmer relating to the
avnontuent Of Cool. county for members
""P,ho house ofrcprc.entatiyes, Is utterly
!, ,,ca,ory and void in law. That the only
,1Scr and authority possessed 10y Gov,
pgI,ner and Secretary Of State Rumincl TO
49,, uron the subject Of state eHppor,ionment
,,r,be lover house OF the general assembly
ctwe from the express words OF the sche-
,.lc Of the new constitution, IS a pToPos',
,iou too clear and plain for argument anu
ra. neither oftAom, as ordinary tA,'u'Ne
o.rr.rs Of the state. possessed any inherent
.- implied authority o. upl'fil'h lHr
...,. either under the old or tAc new
,,r.t,tutuin. sricly no intelligent person,
Xiii les. a respectable lawyer, will for u
,,.o,ent prrtpnd Hence, itclCUrly follows
10, In their action concerning that "ap-
rYintmcnt they pgoccclc only as minstrel
,r.s-,-,st "A. executive ones with
o.linory executive iunctions-and that
,tey firtlcir authority, were compelled
, I.ok only to the express giant of powers
X, ibc schedule under which they were 20
a., Now. all the powers conferred upon
iren ossuCh ministerial officers, or, rather.
.geg,. IN and ly the schedule, was accom-
r.uiel with spesiic and imperative
,'rrtf'ga,, directions, and restrictions, rs
q. the mode. manner, time of it, exercise.
IL lti.awell..ettlcd rule Of law that. minis.
,orial agent or officer whose sole authority
& net upon given subject is limited TO
npartirglar case or contingency, under
pa,i,ivc and specific injunctions as 10 the
mode and tmr of the exercise Of the power,
aud 60 be followed and evidence by GER
tain official formula" or announcement,
in final and solemn attes.ation Of the
,rr--'s, Of that power or authority by such
officers or agent when hc has once so
exercised his agency and trust, and oilici-
a.,y proclaimed il 10 the world as cOUmGH-
d,d. ever resume that power or authority
again for any purpose whatever. The
power and authority, when so exercised,
arc gone forever and are slhdsstcd Tor
nd' purpose.
Hence wb'n GOV. Palmer and Secretary
of Stat, Eummcl, acting IL. ministerial
agents merely of tlDc in,y .cuHyuntion,
under tie express nul luiitrd authority
dgyvlvci upon tlcin ia the schedule,
proceeded "u Scii, 20, ls.D'"tp ascertain
and tx the alpurtiUnmcni ui the state for
member otlhr irst house of represents.
iiyes under thi. constitution, and actually
id ascertain aud Ia tAu appointment,
and da further perform the last official
net lei, them to perform, viz. Make
Official ANNOUNCE einuIit of tho said aportion-
ment under the great seal Of the state
they both ,r,rcised and ,xhauSt,d forever
She sole power and authority they possessed
over the siatr npportionmcut ~ agents
Of limited, special, aud c.ccCptioHGi powers,
confined - particular occasion, iAclr
functions ceased with their prescribed
exercise, lad were incapable of rcsumptiou
To hold otherwise, would invc.t Cos.
Palmer and iae secretary ofstHtc with the
extraordinary aud prcpOs,crous authority,
under the schedule, 10 issue not only his
first proclamation, under the great seal Of
the state, that 'imparts absolute verify,
on sept. g. $50 tlt 20 issue daily suppli-
nentary and contradictory proclamuiiuas
under the 'Atnc great seal Of stutc' up H.
and including Sept, -. lsIo, each one Of
which, IN one or more respects, might
assume 10 reverse, -et aside, - auul ,ulao
one Of the governor previous or suisse
quent proclamation, i logical cunsc-
qIence 20 absurd snow how ridiculous such
PREMISE mus, be. Tie truth j., the euy-
ernors supplementary proclamation
relative 20 the tUok county yupportiuumpnt
iss legal nulli,y, aud not worth. rush.
Bushnell opinion Wa. that Of an Inter
oper, having no authority t. act in the
premise, aHd destitute o.! any personal or
professional character to give the slightest
weight 10 any VI hs opinions as attorney
general Of the state. In attempting to
shuilc Oh his own responsibility, once
assumed, upon the 'hOu.der, of the attoruy
general, 20 escape mere political pressure
iFom Med.A Au,hohy, ana lliichcoyS,
whom attempting sharp triyk w the
'FaFal delegate, iu The OyuycutiUu, Lad
oyer'reachc4 tac mark and made "a large
b!indcs Themselves, Gov. Palmer has
donea a very dscrcdi,ablc net and one
NA'gh neither ii, judgement a. lawyer
~'F hi' r"aoi'r-e 90, man, con pos ibly
approve N,,.., .'