Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-01-17

sweri no compulsory process for the
attendance Of witnesses no power Ia
, punish for contempt no right OF ap.
peal as TO matter Of fact no exception
Tor review Of errors in law is given to
this "court,' whose dccrccs and edicts
are iraught with consequences so mo
mentous to the American people. Such
a tribunal IS no court. 1t is u judicial
! monstrosity. IL can give no lawful
hearing. Its DEGREES are not binding.
Its judgments are not final Its con
struction and powers violate every
conception OF court as place where
justice is judicially administered which
we entertain as people. 1t grasps
our rights and destroys them without
a hearing.
This law and its creature, the
returning board, so far from being in
accord with the Constitution of the
United States, so far from requiring
"irom us the same respect for their dc
cisions as would be given TO the decis-
ions OF the Supreme Court of the
United States" are at fragrant war
with the Constitution, and they only
demand from us the seal of our con.
denmation. The are not only destruc.
tive Of the theory, but they violate the
plain letter Of the Federal ConstItu-
ton. Whatever may have been the
rule before the adoption of the Gov
ernment in the States of those great
rights and privileges which belong 10
the ndividual--those which are iunda-
mental in character and accompany a
citizen of the United States wherever
be may go--there can be no doubt that
since its adoption the States are pro
hibited from either destroying, abrid :
ing, or depriving the citizens thereof.
The words are
I No State shall make or en- force any law which
shrll abridse the privilege or imnunties Of Cit
liens Of tbs United States ; nor Sd II any tate
deprive any person Of life, liberty, or opei,y,
without due pr'cess Of law.
Passing by the question arising uD.
der the first clause as to what are
privileges and immunles of citizens
OF the United States" we come to the
consideration of the second clause.
What is property, within the meaning
of this clause2 Let us take up the
authorities and examine them:
/ The truth, however, is that all incorporeai
bereditaments whether they be immunlties, dig
mites, oBic,s. or fsoachisss or other rights, are
deemed valuable In law. The owners have
I legal estate and property IN them end legal rem.
20, .tl ttrfu n.
Coii'gs e.. Roodsard, 4 Haeoion.
The theory upon which our political instita-
tons rest is that all men have ceririn ralicnr le
rights tsat among the,e arc life, liberty, end
pursuit OF happiness aud that 10 the pursu' is
Of happiness all ouocufioas, uH hoEcss, al poe
ifi0Hs arc alike open to ,yery one, and that 10
The protection Of these rights all are equal before
the law Can@i'ys r'. 1issoa.i, Wohoee.
That this clause Of the Constitution
guarantees protection TO this form OF
property is conceded by the Chic
Justice in Kennard IS. Louisiana, 2
Otto, 5Sl:
"Due process uf law as herein used, impor.i
the same meaning as ''the law OF the Land" IN
Magma Charta. II means ",he law Of the par
tieular case IN fair and open trial. ''The pro
vision and those as TO the administration ol
ssSss iaAt 10 81 iraa .s a.s. s a;, ss o,rsd
by the Judicial authority OF the State AMI by due
couise vi law. The design Of the Constitution is
10 exclude arbitrary power from every branch OF
the Government, and there would be no exclusion
Of II II tb, rcscIpts DEGREES OF the Legislature
were allowed to take the TORN Of n statute. II
does not mean merely an act Of the Legislature,
tor that would abrogate all restriction on legis-
/ lativc power" IL Is not the arbitrary edict
any body Of men not an act OF Assembly
though 10 may have all the outward iorm Of law.
/ but that process by which what alleges to be
his is adjuugtd not 10 be his. II this Je not 80
every restriction upon legislative authority
would be a vain formula of words, without life
or force" 1t ordinarily implies aud includes a
eomp piainaut, defendant. and . judge. regular
allegations, opportunity TO answer, and trial ac
corning to loIne settled course Of Judcill pro.
cecdpg eanuot persuade myself that Judge
OF eeetious or board OF election officers consul
tnied under State laws Is such tribunri, lpe
suoDg, j., In Is Pennsylvania Reports, llT.)
by "ihe law Of the land' Is most clearly intend.
ed the general law which hears before 1t condemns,
which proceeds upon inquiry ana renders judg
ment oniy after trial. "Due process OF law ns
declined by the Chef-Justice in keunard rs
Louisiana Is ''the Que course OF legal proceed.
ings according TO those rules and Trims winch
have becn established for the protection Of pri-
yate rights
We search in vain through the
statute that gives life and power to the
returning board of Louisiana for the
qualities that all of these authorities
as well as common right make vital to
its validity. 1t is not a judicial tribu-
mi nor a place wber, iusliee can be
judicialIy administered. It's decrees
na,ctins the rigbt of nroncrtv of liner.
tv nr ri life are void lts assumed
nn,horitv IN mass iudiciallv upon the
right of anv candidate for office i
has.Iess Much more is IL imnotent
when its void decrees are burled Mt an
oai,ial whoso nlace affects the machine.
rv of the Federal GovernmentI A
randidate for olec,or ot tho Iln;ted
s,o,cs il bv tho main terms Of The
Constitution entitled TO he indiciallv
heard IN have his day in conr, 10
Lnve process for his witnesses 10 be
mdged according 10 adue nroeess az
1iass 1iarss ha,are he ofsce "a ,;ren 80
nno,hor Uer' is nono or ,hesc The
S,s,a oc Louisiana ,Lron,,h her 40,
n,cs and bv her conr,s seelss 20 de
ar;ro a c;,iye, n, tho IIn;,ed S,.,es az
- nronnr,r w;,hon, Jnc ,rocsss al
law In this she comes in conflict no.
only with the universal law controlling
rr,yrning boards and with tho riyht q,
.verv cii,zen of The Renublic bn, also
win tho supreme law Of the land. III
r,sul,s thai her statutes give no yigor