The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1871-03-11

utility of it in localities like Johnsto"s
might te maiutaiued: Slice tAe Dup'0Nc
Court bias frequently, very recently "'fi
most EN- phaticaily declared tha' 20 " az
the court in declaring an act OF Assembly
void or unconstitutional, it must DC plainly
and palpably so. In other words, 1t is cos
srIr6TIoNAL. in the judicial Judgment (al-
though "a different rule should, perhaps, gov
ern the Legislature in considering oill). II
its constitution Atty is only questlonaoie OF
doubtful. Aud | was strongly Impressed
with the belief, for reas1us abstract ana
practical, which | need not here state, that
the court could only be sustained ON this
ground, if at all. Taking 1t for granted
that not only the law officer VI tho common
wealth but all honestly interested IL the
court. aimed at nothing else or less, thaa 10
have EVERY question settled thar enected
It's legality, by an opinion, 1t such an opln-
ion could be eiicited which would cover the
whole ground, l suggested these views To
the Attorney General; and be (not /. } doubt
less with the same desire, prluied and SUBS
mitted them 10 the court.
While the quo lcdrrdnto cases were pend
ing, or uudecided, Mr.. Rose introduced into
the House his "SUPPLEMENT," which was
only a legislative construction oil the original
act, eX Xpressy putting the court on the foot
ing of au exercise OF the jurisdiction OF the
organized courts Of the county except that
il also removed the 5000 limit 10 its civil
jurisdiction. Comparing it, as printed IN
the Johnstowu papers, with the original act,
the whole seemed to show patchwork which
might require future revision. but it dis
tinctly placed this court on the only fOunda-
ton upon which | thought it could stand,
and | believed might save It, Alter 1t had
passed the House, Mr.. Petriken wrote to me
that he bad taken charge Of 1t for Mr.. RISE
in the Senate, but thought it only proper.
as it cTacted one of the courts in my de
trict, 10 consult me on the subject. replied
to him, giving him my views as fully as
could in u brief letter as Low expressed, and
furnishing him, for his further Information.
with a copy OF the Attorney Generals
paper~book.
And this is the whole story of my conuec-
ton with The District Court Of Cambria
County )" exceEt that, after l learned that
the supplement had passed, l requested the
Attorney General when it should be signed
to lay it before the Supreme Court with our
request that it should be taken into cousid-
Grafton in the Opinion, SO that lis cUnstItu-
tionaity, and the question which it distinct
ly presented, might be at once settled. He
was in Philadelphia, and did not receive my
note, as he has since iLf, rmed me. until
after the Supp enc Court had rendered its
Judgment, and it was therefore impossible 10
do so." His invest stigation, however, seems
to have led him to the conclusion that THE
WHOLE LEGISLATION" on the subject was
unconstitutional and Uoid - aud the Gov
ernor, accordingly, returned the supplement
without his approval, and earnestly recon
mended the repeal OF the original act"
The court may thus, perhaps, be said to
have gone ont of existence, without any Of
the constitutional questions underlying it
having been .judicidIy determined or any
question, save that the act creating il. ii
terms. "estabIished an independent judicial
district"-the Scranton case having settled,
as was conceded, that, of such district. the
judges must De elected within it. This re-
sult--;he probable loss of the COURT regret,
with feelings as unso!ish, ! am sure. as those
entertained by any who have been partici-
pants in the controversy for such a court.
| always believed, would be of great value
to Johustown and its vicinity. Any wish |
had was TO see it saved. if it could be, on q
legal and secure foundation. Any who as
cribe to me any other aim CT wish, from any
sOrdid motive, to me the injustice of under
taking to scale me with somebody else's
measure. Those who know me know that
avaricc is not my besettiDg sin or '-lobby-
ing" or political scheming, any part of my
business. | have been in Harrisburg but a
few hours of cne day this winter, aud then
was not in tine lobby or hall OF either the
House or the Senate. Very respectfully,
yours, etc, GEORGE Taylor.