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

I " az N-'N'''N'D'i VI ~ Il NLlNOASe'NNhAN-'
duty.
In Sutherland Us. The Governor, 29t
Michigan, 327, S2S Judge Cooley say
in delivering the opinion of the Cour
"For it cannot be claimed, when Federi
and State governments have been foun
SO far as the distribution of power is cor
cerned on the same general plan, tins
the Executive of the Union can clair
immunity from Judicial process, an
more than the Governor of one ofth
States. The relation of the Executiv,
Legislative and Judicial Departments {
the government VI this State bear, so ia
NJ We are advised, generally similar rela
tion to each other, as the same depart
ments Of the Government of the Unite
States have toward each other. Tn
| Constitution OF this State As we have seen
expressly declares that these department
shall be separate and distinct, SO tia
neither shall exercise the powers proper
iy belonging TO either OF the others; no
shall any person exercise the powers OF
more than one OF them at the same time
except that Justices of the Peace may b.
! elected to the Legislature Now, pretend
/ that the Courts can either cnIOin tn,
Legislature by INDUCTION from passing Al
act in its legislative capacity, which i:
/ forbidden by the Constitution, nor com
| pei them to enact any law which is re
CURED by the Constitution, to be enacted
| Each member is required to take the oatt
prescribed by the Constitution, and if h,
| fails to discharge his duty; if he prove,
falthless to the constitution, he is answer,
able, though, generally to his corstitu
! ents alone. 1t Is true if the Legislature
enact any law that is expressly prchIb-
| tied by the constitution, in violation OF
such prohibition, it is made the duty OF
the courts by the 2lst section of the 18th
article OF the constitution upon proper
case presented before them, to declare
! such act null and void, THIS section
makes but little, if any, difference in
what was the duty Of the courts before il
was in inserted in the constitution in the
character of cases To which 1t applies; and
was not intended to enlarge the jurisdic
! non of the courts so IL 10 authorize them
| to involve and absolutely control and
| subject the Chief Executive in the exer-
else of his most important executive du.
ties to its jurisdiction aud control, espe
cially in such case as that now before
Us. Proper cases, rs employed in the
! constitution, means case in which the
courts have the jurisdiction Of the subject
matter and the parties But for the pur.
poses of the case in whole or in part in
the case at bar, the Circuit Court did not
have power, under the constitution, tc
enjOln ana restrain the Governor or other
officer or officers or person or person,
acting under the authority or discrc-
ton of the Governor for the
purposes and objects of the bill according
to the principles decided in the case in ith
Wallace before cited. 1t is true that the
bill nttemps to proyidc against John }.
Jacob in his private capacity, and 1t al
| lrgcS that all the powers and duties sup
! posed to bee conferred ard imposed upon
| John j. Jacob bv the said act, who Is
/ named therein rs Governor are minister
| ial powers, and duties and do not involve
| the exercises OF any executive discretion,
and that they are not acts, powers or du'
/ ties conferred upon the Governor by the
| Constitution, and that all such powers
and dutlc, could as we'd have been con-
fcrred upon any other person or persons
| And the injunction lnjoIns, Restraints and
| exhibits. Ills Excrllency, John j. Jacob
Governor, &c" But it has been suggest.
| ed says Chief Justice Chase in the cause
. in 4th Wallace that the bill contains II
/ prayer tina, if the relief sought cannot
/ bc had against Andrew johnson, a
President II may be granted against
/ Andrew Johnson of Tennessee. But II
! i, plain that relief rs against the cXecu'
/ tive OF an act Of Congress by Andrew
/ johnson is relief against 1t, executive as
/ President. A bill praying an injunction
/ agai-t the executive of an act of CunGrc-,
/ bv the Incumbent OF the Presidential
| office cannot be received, whether it dcs.
/ cribes him IA President or ~ a citizen OF
/ a State This principle applies 10 tEi'
case. II i essentially necessary and
proper that each department %! the GOV.
! rrr mcnt shall be compelled in its action
to keep within its legal and constitution.
I a. sphere, and not attempt to exercise
! powers and duties which, under the con.
! stltulional appointments of powers, be.
| longs 10 the other, or Improperly inter.
! fcrc with the exercises of the rights rs
well rs duties otthe others. Unless thI-
| is done, the departments must come IN
hostile contact and collision, and the pub.
lie interest be made to suffer greatly, and
| the public peace be imperlI,cd, If not
u u