Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-11-11

in addition to the governmental .ufhorily which
these municipal dsties sh,rsd be imposed in direct
and positive terms upOc government, Rs tee
this en- plaDatiOn IT is easy 10 show that the term
municipal purposes admits of a mesnins as exten.
rule of civil conduct prescribed By the supreme
power in the state, commanding what is right and
effect is Chancellor Kent.
Mr.. Pomeroy, in q recent work Of great erudition
TO be the body Of rules by which the supreme power
In state is guided in its gov erhing action y 'The
laws OF FL gland, America, of France is escha
municipal law. The body of the laws which
law of that dominion as distinguished from
the law of nations. Hence the powers and
puns hment Of crimes, the limitations of written
, well as The Ist, conferred by the
ing O. municipal purposes This latter term, there
If an i'm Which viii enable the conrt to ape
full effect without controlling and rendering almost
Mr. pwaPr. IN his Chapter on auaed ire
terrretation uses the following language /" In con-
language of the whole act and il they pd in any par.
ticulsr clause an expression not large and exten
the act, and upon view of the wholeect they can
collect from the more large and extensive expression
Stature is their duty to give effect to the larger
expressions. For, as has before been stated, the
word if an effect be given to it page 1885, Ac-
corning TO this rne OF Interpretation the expression
Zl.lS u.
a9out municiral corporation must be considered
with reference to the larger aud more extensive dele
design Of the bill to provide ID sne @f a
the District of Coumbis incidental to this il was TO
We are at liberty To adopt that meaning u a word
capable of two fold construction which will best
give effect to the inteti of its trainers 1t seems to
that to hold that the first section is 20 control the
and to turn its detailed dhs 2 inter-
pTretentious verbisge and rhetorical exaggeration
a a Thnr
lace upon the law gives effect to every word aud
clause contains and therefore sanctioned by the
soundest canons of con, truction.
From the conclusions already arrived at it will be
seen that in my opinion, the government of this Dis
trct stands upon the same footing that of any of
the States or Territories within he limits of law
r waG IN ont !, DEFINES existence is cardinal
slOns OF governmeot-the xecutive legislative and
Se o se
ms ms recent work on statute and constitutional
coordinate in degree to the extent of the powers
Delegated to each of them Each in the exercise of
fully done BY either is binding upon the Others
TINS is but the expression of principle which all
the written constitutions of the states The doct.ine
that the Judiciary cannot interfere with the exercise
Supreme Court more than ence In the case s '1 of
Madison vs.. Marbn' y, Chief Justice Marshall uses
necessary Tor the Court to disciam all to
snch jurisdiction An extravagance so absurd and
The provence Of the Court il solely to- decide .f
on the rights OF Individuals not to inquire how the
Whch bev Sr oGers perform duties in
nature political, or which are by the constitution
male IN this eomr T eaf IN that can b
a mandsmus to member Of the Cabinet command
the right bur they add in in sftsSI@s
to even such AN officer Where the head of a de-
ton be exercised in which he is the mere organ
OF executive will 1t is again repeated that any appI
duct would be rejected without hesitation" The
suIrene Court has never since devated from these
it asked to restrain President johnson from en-
forcing the reconstruction acts in Mississippi the
the express ground that the Court had no uTis
dlction TO suspend public law by arrestne the ex-
tsfa', to nS Be ' unconsta
Il j. readily admitted that the Governor Of IL is
p ,b It, Is Tar ifem being equal in rank and
ives; Int The independenes Of the Governor f1@
but the nature Of the powers vested in him. eSI Ths
principle is not based upon the idea that the Ams,i
King in monarchy. On the contrary, our rulers,
whether President Or Governors possess only such
them. For example, the act Of February ri, pro-
yides that the Governor may grant pardons, sign
with his Objections Il is searcey ne1es %ay
argue that the Judiciary could not control or stay
hded to his decretion. We wonld not enJoin him
from the exercise Of executive clemehcy towards a
con'ic he was about to pardon, Goa pell him TO
grant a pardon, where he had refused one And the
ds ~ the aO s. line Of
taken between this class of Executive duties and
ndvdnals TS. Is prope 70 t dednetiea
from Madisoa VS.. Marbury. Il was held that the re
sion appointing justice Of the % peace for th.
District ard that the secretary of State in whose
deliver it, Re thsi h. had "s eS%PT1S to
the and that therefore the Court had
Ss,s 91 y By the Court as fgllow Speaking q the
placed under the particular direction OF the Presi
patent for land which has received ali the eSa
soeH,tss or to give copy of such record in such
u the further excused from the duty OF
giving judgments that right be done to injured in.
dlVldual than II the same services were to be per
formed by person not the head Of depsrme g 1t
not perceived how thi. doctrine is applicable to
in Madison ys. Marbury are clearly not executive
right indy idsai as to have patent tor land or
record OF an Instrument, there is nothing bnt an
the court may interfere to protect usstsa
Il.ht But when was it heard that a Governos
general law which conferred no individual giaS bt
but which only affected public rights. suc6 an
hesitation. The compliments are Certainly entitled
tend the act II Which If Ssy dS
has relation 20 them solely ndiyiduaIs or tbat n
Is private act in the that il effects only their
ind dual Interests. The District is public law
and IL VI public Interest No special injury pecuiar
10 these compIainants is stated in the bill The only
grievance they suffer consists in the probability
II not certainty, IT increased taxation. which how
ever viii TALL TO the experience of every tax PAYER
~ the lstrict. No private damage is pretendad
Now no doc rine is better settled than that bill 10
restrain the enforcement OF pubic law cannon be
maintained unless the plaintiff is Threatened win
an INJURY peculiar TO HIMSELF aud the special grey
abce OF which he complains must not only be possi-
Bile and imminent, buf be clearly set up fHillerys
6Inndy, Is Mich, $50; Hale Cushing 6 Mich
49,; Roosevelt vs.. Drake, % N Y. 3ls; D0ottle Va
sup is T. Y, l62 Dow vs.; Chicago, ii Wall
No such case ia presented here, and indeed no sucb
case can by possibility be stated as the facts now
exist There is only claim that the law Is invalid
but no debt has been sed. bond issued no In
or assessment made, and therefore DO iudyidu, Al
INJURY could have occurred. There is no allegation
OF pTetence that these defendants are about 10 or
threaten u embeZZle the pubic funds or that they
nted 10 divert them from the purposes
ny the law, or that there is a conspiracy among
them 10 plnndeT the proceeds of the loan TO Their
own use IL such case were presente , upon the
haust the whole power of its jurisdiction 20 prevent
the Preparation OF so great crime. But we can
NOT assume the existence Of plot infamous with
OUT either allegation or proof upon the record The
rules ~ law and evidence which govern judicial
deilbtfafiOn would not sanction that mode of de.
termination nor indeed does the necessities of the
case or the expectations of the counsel thar
we should Oyerturn the settled rules of evidence in
promo unclpg Judgment; think il may be Certainly
assumed that this court will overlook official
corruption " hen brought jufcial notice but will
GN N fh. alx.t..