The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-28

pnt, Tue court bu0ulu utNeE uuueIbnAc
to res ind and anpul the solemn and
deliberate act Of the legislative depart.
ment Of the government. To doubt in
such case should 10 to affirm" In
the case of Adams rs, Howe, ct al, II
Massachusetts, Il. 3l5, Parker, c. J.,
in delivering the opinion of tho court,
says-"We must premise that so
much respect is due to any legislative
act, solemuly passed and admitted into
the statute book. that court Of law,
which may be called upon to decide its
validity, will presume it to be consti'
tutiOnal, until the contrary clearly ap.
pearS; 50 that in any casa Of tho Sind
Substantially doubtful, the Law would
have ia force. The legislature is, IN
tue first instance, the judge at its own
constitutional powers and II is only
when manifest assumption Of authority
or Misrepresentation Of it shall appear,
that the judicial power will refuse to
execute il. Whenever such ease
happens, it is among the most impor.
tult duties Of the judicial power to DC.
clare the invaliiity Of an act SO pass
ed" Ia the case OF the Common.
wealth W. AIcWilliams, | ! Pa. state
reports, Boil, j., in delivering the
opinion Of tie court, expresses himself
thus-"Of late years it has been much
tue fashion to iapeach the action Of
legislative bodies Is unconstitutional,
when it happens not 10 accord with the
party notion Ofpropfiety aud abstract
right. THIS is very frequently done
10 sheer oblivion Of tho dOstriRo that
express prohibition or necessary impli-
cation is essential to Gust the state
legislature of authority. Where til,
prohibition is not found IN tho phi.
nlordisl part, tho eEerliOn VI a power
cannot DC deemed unconstitutional,
even though it seems to trsspass upon
our ideas " natptul justice and right
reason" In tic case Of the people cz
rel. Merchants. Savings, Loan and
Trust Co., Of Chicago, W. Auditor, &c
illinois Il, lIreesO, J III delivering
tic opinion Of the court, says Nv,
always approach questions Of thi. na
ture with reluctance, aud with grep
difidenco, for the legislature is CO
ordinate department Of the govern
nent whose exclusive province III tt
make laws. Bu, tho constitution Is su
promo over all the departments Of III,
government, aud it is for the judiciary
50 to declare, and to bring all enact
menis Of the legislature TO that stand
ard, to test them by is provisions
when question is made touching theiI
validity, always remembering that only
in clear aud palpablO case will til,
cour. pronounce against the validity O
an enactment. tit be doubtful, III,
doubt Is usually solved, and should be
} in favor Of the legislative power" II
the case Of Bum, E. al, IS. the people
OK. rel, IS illinois. Il, All aud 49,
Chief Justice Brecsc. who delivered
tho opiHion Of the court again hold
aud reanuounceS tue same views a,
those just qaO,9d from, Goth Illinois
h. lie also refers to til, 40tL lIliuOi.
. Il, $40. On referring to the report
! last named, we find this principle held
by tue court, viz: Statutes will uuu
be held unconstitutional except in th,
: clear.st cases. This court has repeat,
cdly declared that j. will not prOnounc,
statute unconstitutional, except 10
; case where the violation is plain au,
palpable." In the case Of the pcoplr
vs.. Slm,On Drapcr, Is New York re
ports, 5i9, Judge DEMO. 10 deliver
Ing tho opinion Of the court. held tina
/! IN the first place the people, 10 franz
: ing the constitution. committed to th
legislature tue whole W.making pow
! er of tue state, which they did not ex
J pressly or implicitly withhold. plOna
ry power in tue legislature for all pur
: poses Of civil government is the rule
+; a prohibition to exercise a particula
] power is an exception. In inquiring
; therefore, whether given statute i
y constitutional, il is for those VIII
: question its validity to show that it i
4 forbidden" 1t has been said by al
eniiuen, jurist that when courts ar
called upon to pronounce the invalid
J ty Of an act Of legislation, passed will
o all the forms and ceremonies requisite
to give it the force Of Law, they vii
D approlch the question with great eau
: ton, examine it in every possible as
: rcct, and ponder upon it as long a
E dslibOfaiion aud paiieht attention cal
: throw any lish. upon the subject, an
never declare a statute void unless III
a nullity aud invalidi,y Of the act at
{ placed 10 their judgment beyond rCa
souable doubt" 1G Pick 0j, pc
, Shaw, C. J. Cooley, con. lin. 1872
~ reasonable doubt must be solve.
in favor Vf tue legislative action, ant
D the act be sustained. CoOlty's con
: lin. 49,. and the many antboritie
there cited 10 the case Of Ogden v
. Sanders, 18th Wheaton's II, 30
Judge Washington says-"lIut il
could rest my opinion III favor Of th,
. cOnstitutionulity Of the law 90 whirl
+, tho question arises. on no othe
; ground than this doubt SO felt and &c
. knoSledged, that alone, would, in u,
9 estimation, be satisfactory yiqdicS
/, ton it, It is but decent rcspcc