The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1876-09-28

ability even being dreamed Of. This
was the case when the celebrated Ram
sey county triparte court was established,
| it was local matter and intro duced
about the last day of the session, and
became a law without running the
gauntlet Of debate.
No well balanced legal mind will
stultify itself to such degree as. to en-
dorse the passage OF this act which leg
islated Messrs. Brill and Simons into the
important Office Of district court judges,
and say i. is q question of much delicacy
to declare it void when its repugnancy
to section article of the state con
stitution is SO apparent: that act says
they shall be elected, and by thus plac-
ing them upon the bench by legislative
act, the provision of the: constitution de-
manding their election is suspended for
nearly seven years, is this consistent?
/ must not the construction Of the provis-
ions ofthe constitution always be uniform?
Can it be possible tor Legislatures to say
to- day, we place nlen upon the bench
without election. but 1T the end of the
term we award you, the next candidate
must obey the constitutional law and be
placed there by the sacred trust reposed
in the ballot box.
4 cardinal rule in dealing with writ
ten instruments is that they shall receive
az unyarying Interpretation, and that
their construction is to be uniform A
constitution is not to be made to mean
one thing at one time and another at
some subsequent period, Now is it i
uniform construction OF the law to sus>
pend the organic act for seven years for
individual benefit and then when that is
accomplished return it to its normal con-
dition? A court or Legislature which
| should allow snch . change to a written
constitution not warranted by the inten-
ton OF its founders, would be justly
chargeable with reckless disregard Of
official oath and public duty, and if it
could become PRECEDENT these instru-
ments would be OF little avail. What
q court is to do therefore, is to declare
the law as written leaving it to the pee
pie themselves to make such changes as
new circumstances may require. The
meaning Of the constitution is fixed when
| it is apopted, ard it is not different at
any subsequent time when court has
occasion to pass upon it. In section OF
article t state constitution the language
! is plain and unambignous, consequently,
here is no room for construction, and it
IS presumed that language has been en-
ployed " it'll sufficient precision to con-
veg it, the trainers of the constitution and
| the people who adopted 1t must be un-
derstood TO have employed words in
their natural sense and to have
understood what they meant, and when
the constitution says judges shall be
elected it does not mean they shall be
egislated into Office. the pretended
| amendment by which they claim the
power, is wonderfully absurd as it SIM
ply acts as suspension Of the law. The
| Legislature by its act seems to have adj
opted the system Of Procrustes, Topping
of the meaning OF the constitution when
it does not suit its purpose, and extend
ing it to some future time when it will
not conflict with the special purposes of
the present.
Another rule applicable to the ques>
| ton at issue u regard to the construction
Of the law was decided By the supreme
court OF Maryland in :. case where the
| constitution defines the qualifications of
an officer, the court said il was not IN the
power Of the legislature to change or sa-
peradd unless .Re power to do SO was ex-
pressly or by necessary Implication con-
tered by the constitution ITSELF.
Whoever derives power from the Con-
stitution to perform any public function,
| Is disloyai to this instrument and grossly
derelict in duty If he does that which he
/ is not reasonably satisfied, the constitu-
ton permits, whether the power,be Leg
| islative, executive or judicial, there is a
manifest disregard Of constitutional and
moral obligation by one, who having
! taken IN oath 10 observe TIA. instru-
ment taxes part ia al action which he
! cannot conscientously say he believes to
be no violation OF Is provisions.
The language of section 8 article s,
cannot and must not be looked upon rs
directory meanly it IS absolute aud man
datory IN It's expression as oil constitu-
tioaal law IS. and must be considered
where If is 50 specific ana plain. and
courts tread upon very dangerous ground
when they venture to apply the rules
which distinguish directory and manda
tory statues to the provisions ot con-
stitutiou. constitutions do no. usually
undertake to prescribe mere rules OF pro-
ceedlng, except when such rules are
looked upon as essential to the thing TO
bs 6sne ;and they must then he regarded
- the light Of limitations upon the pow
er to be exercised, 1t Is the province
of al instrument of this solemn and per-
Inanent character to establish those fun
dameatal maxims. and TX those nnyarv-
Ing rules. Is which all departments OF
the government mast ~ all times
shape their conduct We are moi there
fore. 10 expect TO find il eonsti tuition
provision, which the people. in adopting
|. it, have not regarded as OF high I'M
portance, and worthy to be embraced in
{ an instrument which, for time at least
is TO control alike the government and
the governed, and TO form standar I'd bv
which is to be measured the power " aich
can be exercised IS well or the delegate
as BY the sovereign people themselves
If directions are giveu respecting the
J modes OF proceeding to which powe,