The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1874-01-17
WHITTIER DOES 1T LEADr

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men and States of a common constitu-
tional confederation, such people, un-
less demented, cannot be rash and irri.
tating in the exercise of rights. Such
has been the ordeal through which the
people of Texas have passed within
the last thirteen years.
In law and equity Texas wasrestored
to her coequal rights as State i'm the
Union on the 3Oth of March 1870, but
under officers previously elected under
military rule, while large element of
the best people were not allowed to
vote. Still the people accepted the
situation, obeyed the laws, paid the
taxes and waited for the time when,
under the constitution, all should once
more be allowed to use the ballot.
This right they exercised on the 2d
day of December, 1873, and by major
ity of about fifty thousand selected
their Governor and State officers, and
their Senators and Representatives and
county officers with corresponding
unanimity. The bitterest Radical has
not had the face to say the election
was not full, free and fair to all. Even
A, ]. Hamilton admitted this before
the Supreme Court, and said he had
himself been badly, but fairly, beaten.
The election for Senator in the city OF
Houston is the only case in the whole
State where any pretense of unfairness
is alleged, and in that case all that the
defeated candidate has to dois to prove
the fact before the Democratic Senate,
and he will get his seat.
With all these facts before them, a
partisan Supreme Court has descended
from its high station and set the SOW
ereIgn will at naught. BY a mere
quibble on words, too plain in intent
to be misunderstood for their histori-
cal intent and meaning, were made
plain as the MONDAY sun, these three
men, not elected by the people, have
trampled in the dust the constitution
of the State, law enacted in pursu-
ance of it, and then the sovereign voice
of the people under it, as though they
were imperial rulers authorized to gov
ern as monarchs without law, but sim
ply by DEGREES and orders in council,
emanating from their own brains.
1t may be asked why and under
what temptation could such decision
be rendered by three Judges wearing
the ermine of justice? A sufficient
answer, unless they were pure and
unselfish men, loving country and lib
erty more than SELF is found in the fact
that if the constitutional amendments,
adopted by the people at the late elec-
ton, went into effect, all three of them
would go out of Office and a new Su-
preme Court be appointed.
The idea of three frail mortals thus
led into temptation by high position
and large salaries, being clothed with
such monstrous power as to sit in judg-
ment, even though indirectly, on cases
of such vital import to themselves, Is
at war with every conception of judi
cial purity and constitutional liberty
ever since the birth of Magma Charta
at Rounequede, in 1915.
FLAWS, constitutions, sovereign rights
the elementary principles of govern
ment-can thus be set aside by three
men, thus tempted to do wrong in their
own interest, where, in the name OF
sense and reason, are the peoples
rights? Where are liberty, justice and
freedom? Zealots, men welded to self
and all manner of corrupt men, may
shout until doomsday, "Oh! the Su-
preme Court has said So" TheSupreme
Court, like the County Court, like all
officers and all persons, is flied by men
born of women, and not by angels.
We have carefully read the decision.
1t is prolix and labored dodge of the
real question, WORTHY the petty cum
ming of pettifogger. 1t avoids the
grand point involved, which had been
so often decided differently-the point
that each house of the Legislature, by
authority of an exclusive power, ju-
dicial in its nature, is the sole and eX-
elusive Judge of the election returns and
qualifications of its own members. BY
no other means can the Legislature be
preserved as distinct department OF
the government. All the labOred words
went to prove that the courts, on ques-
tions properly presented, have the
power to pass on the constitutionality
of laws, is dodge to avoid the main
issue i'm this case. AS a rule, no one
doubts that general power. But there
are exceptional cases, and chief among
them is this essential legislative
power of being its own judge,
as the direct law making rep
resentatives of the people to judge OF
those things effecting its own existence
as a body. The converse proposition
is that the Judiciary, on the principles
of this decision, could first destroy the
Legislative, then the executive depart
ments of the government, and then,
left alone, constitute themselves the
supreme power of the State. A single
decision Of the Supreme Court oi
Michigan, delivered by the illustriou;
Judge Cooley, utterly annihilates the
false dogma Of this Texas court, and
Judge Cooley has more knowledge and
honor than our packed court evei
dreamed Of
SOMEWHAT to our surprise, the new
City Directory of.Dallas, in its alpha
betical list of resident heads of fami
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