The New Orleans daily Democrat., 1877-06-17

| BY that sovereign's breath surely cannot do it
Il hss no right TO assume or consider any reason
Tor suon change. Where the sovereign has Gov
cred the subjecsl'so completely that the agen
| lacks nothing to ensbls him 70 effect the soyer
egns purpose, and no discretion is given, the
matter seems absolutely closed. No agent OF
servant can raise any question that oil presump
tons do not rebut, and construction, ii any be
needed, is always in favor Of the sovereign "a
| ag sinsL the grantee.
And this subject is not involved in the we'll.
known principle thst the general delegation Of
| legislative power, without specfca ,ions. would
give authority TO do al that is legislative, and
not prohibited; for the reason that the people
have dealt with the matter and covered Ii com
pletely with express commands. Ermess;o unius
est eyclusi0 Glterius.
| The ordinary principles OF agency seem annie
TOT the subject, and they would show the statute
to be ultra pires and null. 3s
y seems Like trifling with the matter to say
that because the sovereign did not prohibit other
- ion, there Ore other ID ion " within the Ieoi
Istnre's discretion. This IL like letting fero.
cious animals out Of . pen 10 do un verssl mis-
chIef Tho sOfg object OF constitu ion is 70 bar.
ness and utilize power which,, IL. unrestrained
and arbitrary, tends to evil.doing and public
harm, ~ we'll as to destruction Of institutional
liberty. II should seem to be supererogatory,
after ordaining specific power or command, to
declare that II must be obeyed, and not violated.
or transcended. or changed. No presumption
favors such need.
fact tha: the articles, as to the Legislators and
the District Judges, actually give power to the
Legislature to fix or change their salaries shy
law while no such power is given in the cases
under discussion.
II 10 well, moreover, to mention, for what IL ia
worth, that the commonwealth retrospected it's
hxation OF the Supreme Judges saiaries, AID still
iorbore to give legislat We authority on the sub
lot, and prohibited them from doing other than
Judicial duties, and "from receiving any fees of
office or other compensation than their salaries
art S2.)
The gentlemen Of the bar who think the stat.
ute in cues ion valid must OF course consider
that, pro taato, it repealed the constitution.
what Is the pres mt legal character then OF the
salaries Of the Supreme Judges2 Is it oonstitu.
tiona! or statutory? II the latter. as the present
Legislature seems, by its enactment OF the for
mer salaries, to assume, it s no longer consecrat-
ed, and the people can reach the said ealaries
with retrenching hand.
In conclusion, it seems an absurdity to sav
that, unless the people expressly forbid it, any
subject can be brought down out OF the const-
tuition and subjected to legislative reform.
Should not these debtors to the State be sued
and compelled to make defence, be 1t presorip-
ton or what not, and should not our own court
stamp the defense as right or wroDg7
And il, as is said, the Attorney Generals Office
is overburdeued with work and u able TO attend
to all the suits and prosecutions needed IL this
extraordinary crisis and change Of things, why
should not an association OF lawyers add? Shall
public justice fail, and great loss be incurred, for
want of patriotic and public spirited help from
the bar? Respectfully, BIS,