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


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 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 1t is q question OF much delicacy
TO declare it void when its repugnancy
t. section article 6 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-
handing their election is suspended for
nearly seven years, is rnis 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 men upon the bench
without election, but at 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
III tie ballot box.
\ cardinal rule in dealing with writ
ten instruments is that they shall receive
ar unvarying Interpretation, and that
their construction is to be uniform 4
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 fer seven years for
individual benefit and then when that is
accomplished return it to its normal con-
dition9 A court or legislature which
should allow such . change to written
constitution not warranted by the inten
ton OF it's 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 10 make such changes as
new circumstances may require. The
meaning the constitution IS fixed when
it is apopted, and it is not different at
any subsequent time when court has
occasion to pass upon it. In section Of
article state constitution the language
is plain and unambignous, consequently,
Ihere is no room for construction, and it
is presumed that language has been en-
ployed With sufficient precision to con-
w 1.-THE trainers of the constitution and
( the people who adopted 1t must be un-
derstood 70 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
/ legislated into Office. the pretended
amendment by which they claim the
I power, is wonderfully absurd as it sim
| ply acts as suspension of the law. The
| Legislature by its act seems to have ad-
| opted the system Of Procrustes. Topping
0f the meaning OF the constitution when
1t does not suit its purpose, and extend
ing il t. some future tine when 1t will
not conflict with the special purposes Of
tae present.
| Another rule applicable 10 the ques-
! ton at issue i 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 It was notin the
| power Of the legislature t. change or su-
peradd unless .ae power to do 50 was ex-
pressly or by necessary implication con-
fered by the constitution Itself.
Whoever derives power from the Con-
| stitution to perform any public function,
| q disloyai t. this instrument and grossly
| derelict IN duty If he does that which he
/ Is not reasonably satisfied the constitG-
/ ton permits, whether the power, be Leg
/ islative, executive or judicial, there is a
manifest disregard OF constitutional and
/ taken m oath 10 observe that instru-
nent taxes part IN an action which be
| cannot couscientously say ne believes to
be 40 violation Of is provisions.
The language OF section article s.
cannot and must not be looked upon as
| directory meanly il Is absolute and man
datory n its expression as al constis,I-
tional law $, and must be considered
where it is 50 specific and 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 Of d cou>
stitution. constitutions do not usually
under.s.Ae % prescr De mere rules 81 pro-
ceeding, except when such rules are
looked upon Is essential to the thing to
hsxesne iAnl they must then be regarded
THE light Of limitations upon the pow
er to he exercised. II Is the province
# an instrument f this solemn and per-
Eaanent character to establish taose fun
Game0tal maxims. and TX those uuyarv-
ing rules. y when al departments Of
the government mus 81 al times
I shape their conduct. We are not there
fore. to expect to find IN y constitution
provision. which the people. il adopting
. it, have not regarded as of high i'm
pcrtaace. and worthy to be embraced in
T an instrument which, for time at least
is TO control alike the government and
the governed, and TO form standa I'd by
which is to be measured the power " hich
can be exercised As wei nv The delegate
. As By the sovereign people themselves.
If directions are giveu respecting the
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