The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-09-18


law jackson rs Higgins, Sd, Metcalf
KEN K. 5, &c, 567) "And also that
the Judiciary cannot enquire into the
, motives and necessities which may have
superinduced the enactment of the law.
. In Sedgwick on the construction OF
statuury and constitutional law,2I edition
OF Penny's notes, it is said: There NAV
be, there always will be, questions not
only as to the expediency, bu. the justice
Of laws. But questions Of public policy
and State necessity are not meaRt to be
assigned 10 the dominion of the courts;
and cannot but think unfortunate for
the real influence of the judiciary that
this authority has ever been claimed for
them. The right Of construc-
ton, the right of applying,
constitutional restrictions, are vast pow
ers, which it will always require great
sagacity and intelligence 10 exercise.
Let the judiciary rest cUntented with its
acknowledged prerogativcs, and not at-
tempt to arrogate an authority so vague
and 80 dangerous rs the power to define
and declare the doctrines OF natural law
and abstract right. Pages lj6-lj6.l In
the same book pages ljb-ljS, II Is said:
"In case whore it WAS cDntendri that
an act of the Legislature OF New jersey
WAS vUld against natural Justice, Mr..
Justice Baldwin, of the Supreme Court
of the United States, used this language
I'VE cannot declare legislative act yuld
because it conflicts with an opinion of
policy, expeIcncy aud justice We are
not the guardians of the rights of the
people OF the State, unless they are Sc
cured by some constitutional provision
which comes within our Judicial cog
nizance. The remedy for uniwsc or ap-
prcssivc legislation, within constitutional
! bounds, Is by an appeal to the justice and
patriotism of the representatives. Ot the
people. lfthi- fail the peoPlei in theirsoy-
erclgn capacity can correct the evil; but
. Courts cannot assume their rights, there
is no parancnt and supreme law which
dcfes the law Of nature or settles these
great principles of legislation which are
! said to control State Legislatures IN the
/ exercise o. the powers conferred on them
! By the people and the Constitution.
! Bennett " B"sSo |, Baldwin Il and -,
/ Cochran vs. Virginia, Surlry 20, Wend
/ 3Sl See pages lj7 and ljS OF Sedwick'S
| work above cited In the same book
the author, on page los, says in late
/ case in Pennsylvania, the whole subirc;
was received by Judge Black, OF the NJ.
/ prcmc Court, and he said:
"We are urged to hold that IL law,
though not prohibited, is void If 1t violate
the spirit OF oar Institutions or Impair,
.... ,rrl' i4 B
OF free government To protect; and 10
declare it constitutional II /, be wroEg
and unjust. But We cannot do this. Il
would br assuming right To change the
/ Constitution; to supply what we might
/ conceive to be- It's defects; to ill
/ up every crSts OulHnS; and to
/ interpctate into j. whatever ia
our opinion, ought to have been
put there by ts trainers. Tho Con,tI,u-
! tion has gwen u, a list Of things which
! the legislature may not do. /! we cX-
tend that li-;, W. alter the instrument;
VIC become ourselves the aggrc,surs, an.
violate both the letter and the spirit o'
the organic law "a, grossly as the icgI>la. /
turc possibly could. Ii We can add To /
the reserved rights Of the people, We cal |
take them away; if We can amend W. .
can mar; II We can remove the land /
mark, which We find established, we can /
oDltrratc them; il We can change the /
Constitution in any particular, there i, .
nothing bit our own will will To prevent |
u. from demoli,hIng il entirely. The |
great powers given to the Legislature aro
liable to b, abucr But this i INSOFAR !
able from the nature of human in-titu-
tons. The wisdom of man has never
conceived cf "a government with power .
,ufll ,icut TO answer it, legitimate ends. /
and ut the ,ame time Incapable of mis-
chiet No political system can b, made
50 perfect tnat it, rulers will always hold (
10 thc true course In the very
be,t great deal must be trust
cd 20 those who administer IL
In ours the people have given larger
power 10 the Legislature for the faithful
execution of them on the wisdom
and honesty OF that department
and on tie direc. accountability of tn,
members t. their constituents. There Is
no shadow OF re son TOR supposIng that
the more abuse Of power va, mean,
to be corrected by the judiciary
(Sharp,,s in the Mayor :, -, Pcnnsy.-
ANA RIA, lC2 { Sedgw OK inli work,
puge l5g mys down tins proportion
that Is theright and duty ofthe Judiciary
department to con.ine the Legislative
BODY within the true limits Of the law
power; but they have no night whit yer
t. SIT aside, arrest or rul,i,y law lam
ed in relation 10 subirc. within tnr
scope Of the legislative authority on the
ground that II cuLhic;s with thulr notions
If natural ri,ht. abstract justice or sound
morality (Wrdc and others r'. ta" cts
of Rishmur Il 18th Graft. 49, From
tie .orcgo;ng authorities j appears that
We have 10 authority to inquire into or
set as.I" au a; ofthc Legislature for a.
lcdgel fraud on the part OF OF the i"gIs-
turc or ec tus, We might think the act
in whole. r in art imp)litic eontary TO
goJd morals or puDlc policy. But ""
are bound to consider in thIs
case thu, the agreement rccitcI
in the preamble and act was recognized 4.
bv the Legislature for the good of the
STATE. and us tending 20 tighten the bur
dens Of tn people aud not as BEN.
Dtqlr Hiry. They declare in th" preamble
tina. it aPpcu~- to the Legislature that
the CAPITOL of the State should be- located
at Il NOR" convenient or acccs-Ih." point
and 10 c.!rc. also oIrcM-rd that Wheeling,
in their opinion, Was ,nat point .nr tenn
porary location. And "" are not al
liberty 70 attribute to the Legislature
other than proper motives and pufpo,"s
A. To- said agreement. W" are fully an