, 1874-08-12

word. Wo viii not reject It M a surplus word at
oil: We express no opinion on tho subject now,
Tho Ohtof-J,tatlco Then mado anothor augeos-
tfon.- In the CONSTITUTIONS Of othor states,
quoted. tho 6npromo Courts woro given
Ecnoral control ovor oil lllforlor Jurisdictions,
The section goes on to asy the supre1ae Court
shall liave powor to issue writa Of haboaa cor
pnn, certlorari n1antam,la, md othor original
aud ron'cdal writs, md to l,car and doterinino
think; in general forms, tho writ Of mandan111a
strictly, tho writ Of quo warranto strictly, tho
writ OF oort!orari III tho eoi,Bo uaol hero Of I'M
plying gonoral .superintenaln,E control ovor
otlcora end 9orporatione and turisl!otionH other
is not limitod at al. It is not Of itaolf and BY
e Il think. all tho otiors are
think In ono aonbc, moro or loaa atrict, al tl,a
diroot accordance with tho general anporintond-
lug powor givon to tho conftH. But tlll8 writ OF
injunction is az broad aa equity Jurisprudence.
It exists evcrywhoro; Inns NO limits. and no pe-
thht tho othor writa arc ali iurisdictioual, and
great difficulty is suggested n tho proper coil
atrnetlou Of tho word Injunction as suggested in
tho Constitution. ''''' go
=, Atty Gen. Bloau eaid l,o doubted whether he
could bo moro succosaful In aiding tho Court
than tho ot'tor counsel had boon. TtiB Discus
sion lasted until tho noon rccoss, and VAS ro-
sumed III similar tonor at tho afternoon Hea-
sion. Dlr. Justice Colo participating, and con-
curing with tho Chiof-Justlce in tho apparent
doubt Of tho Jurisdiction Of tho Court. THO
talognes woro quito spirited mud exceedingly
The defondants. having closed their case. woro
OF course ruled out Of tho discussion. It mny
ba aunmod up In tho following
PERTINENT QUESTION.
addressed to tue Attornoy-donerai BY tho Chief
JuHtice II asked for an explanation Of this
r7ffy In 1.71n f-$- $H1$ $t.nE t1~1n
juriediotion conferred upon thia Court. Through
ont tho out1ro Constitution, cxcopt TINT word
injunction. thero fs no original 1uriatlictlon con-
3orrod upon this Court betwoen individuals.
Court between indivsaua5s, which includes oor-
posationB, OF course, over individuals ID cases Of
laW and equity, Why vHs It tho Constitution, in
your construction, gavo Tint ainglo Jurisdiction
on the nature OF tho peculiar writ whlch should
DO comedy for It ? 80 far you hayo glvon me-
Tho Attorney -Gonora1 had become aomewhat
discouraged during thia discussion. and midi
oa.od that, IL tho Court had mado up its mind on
this question, there was no uao in hls proceeding
with bis argument, 80.
Judge Hyan aaid, III NO Issue under this
second branch Of tho original jurisdiction
cortiorarl, may .wo not necessarily, in oyory ono
Of these writs. bo oxorcisinK q supervisory con-
troll under thu Constitution I ark for informa-
lion, because VIC. arD exceedingly dGsirouB to
Obtain light On this Jurisdiction. SEQ tho
difficulty in giving tho construction OF
this section Of tho Constitution. Wo
think 1t is tho moBt important
question in this case. Tho controversy will
eventually PASS away. ono way OF tho oti1nr,
but this section will not. It will survive this
controversy, and La necessarily Of more conHo-
quonco. Wo HOO a difficulty In giving direct
construction to thia section, and have called
upon every ono OF the counsel for light. but you
are ontiro'y mistaken. Tho Court has not made
up its mind about 1t. We aro not confirmed In
ollr belief about it, but aro exceedingly dealrous
OF getting light upon 1t.
Nearly two hour8 had been consumed IN
tho discussion. It WIS nearly O'Clock
when Mr. Blonn proceeded with his general mr.
gusaont. lie had DO BRIEF but cited HUMOROUS
nuthorsios, celebrating thon by running COM
tnonts. Those woro Ingenious, so much 30 that
the opposing counsel had repeatedly to explain
thern by way OF correction. It WIS m nblo ef-
fort, oredlt2ble to tue Attorney General; WIS
very strong plea for Tho State, and was conclud--
el about half past 9 o'clock.
Tho Court wna adjourned until tomorrow
morning at 10 O'clock with no intination Of
when tic declsion will DO announced. Tho opin-
ion prevails thu. tho Cours may decline to enter
tain Jurisdiction. Evory indication points
strongly that way;