The Russellville Democrat., 1879-06-26

County sites. And the right to contest such an election depends upon legisla- tive action.-Cooley' Con. Linn. 4th Edition 99 ct Seq.
 To hold that the County Courts can act upon the subject, and to proceed to try and determine contests of this charac- ter without any legislative control upon the subject, would be virtually and in effect to give to the County Caurts powers expressly given and con- ferred upon the Legislature by the | Constitution. it would in effect clothc an inferior judicial tribunal of limited | jurisdiction with the power to consti- tute itself the forum, and to provide | for itself the mode and manner of con- | testing an election for the removal of a County Site. In other words it would be an assumption of legislative power.
 The Constitution, Art. 1, Sec. l, pro- yides that, '"rhe powers of the govern ment of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to sepa- rate body of magistracy, to-wit: Those | which are legislative to one; those which are executive to another; and those which are judicial to another" And Sec. ?, Art. 1, provides that ''No of one of these departments shall exer- else any power belonging to either of the others" And our Supreme Court ill commenting upon this constitutional arrangement of the powers of the Gov ernment, say, this division and separa- | tion of all the powers of Government is l the chief excellence of our whole Amer | ican system. It constitutes the very basis of the General and State Govern ments, and may be said to be the key stone of the arch of constitutional lib- erty. The County Courts are by the | Constitution made judicial tribunals, with limited jurisdiction, and when the term jurisdiction is used it must be re- stricted to the kind and quantum of ju- risdiction that belongs to them as courts. To allow the County Court to constitute itself tribunal to try a par | ticular case or class of cases, provide | it's own mode, and adopt a rule for it's own government would be to invest the County Court with legislative functions, while in tact it is judicial officer and acting in a judicial capacity.
 The County Courts are regarded by the Constitution as political and corpor- ate bodies, that arc to be controlled and regulated in the exercise of their juris- dictional functions by the acts of the General Assembly. And they are re- quired to conform their action to the rule of the Legislature, and in the eX- ercisc of their jurisdiction to proceed in the mode and manner prescribed by law. Cooley's Con. Linn. 109 ct seg- Irwin vs. Pulaski Co. 4th Ark. 472. It is insisted that the Constitution, if not in express terms, at least by necessary implication, does confer jurisdiction upon the County Courts to try and de-
 
 the removal of County Sites. Even if this be true, before such provisions can be made effectual, unless it is q self-eX- ecuting provision, supplemental legis- lation must be had. A provision of the Constitution is self-executing when it supplies sufficient rule by means of which the right given may be enjoyed and protected, or the duty imposed may be enforced. And it is not self-execut- ing when it merely indicates principles without laying down rules by means of which those principles may be given the force of law. There is nothing in the Constitution which points out or provides the mode of contesting elec- tions for the removal of County Sites. And it is conceded that the Legislature has not provided the time, mode, and manner for such contests. Conse- quently the County Court of Pope coun- ty did not have, and could not exercise the jurisdiction to try and determine the contest of the election held on the 2d day of September, 1878, for the re- moval of the County Site of Pope county.
 can see nothing in the Constitution that requires that q contest of this char acter should be had before the County Court, or that precludes the General Assembly from conferring jurisdiction upon some other tribunal.
 The proposition for the removal of County Sites necessarily involves the interests and prospects of many citi- zens, and from winch feelings of ani- mostly, personal strifes, and general bad results flow. And to my mind there are many good and sufficient req sons why the framers Of the Constitu- tion did not confer jurisdiction to try and determine contests of thls charac- ter upon the tribunal which has order- cd the election, and under whose orders the election has been conducted and held.
 If the County Court had no jurisdic- ton the Circuit Court could acquire none on certiori.
 E,ta .,s, x,fn