The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-04-24
THE FEDERAL aOURES AND
STATE DEPARTMENTS.

Yesterday, Judge Terrell Introduced
in the Senate joint resolutions request
ing cur Senator'S and Representatives
10 Congress to urge the enactment OF
such laws as may be necessary to pre-
vent the exercising Jurisdiction by the
courts of tue Ulited States in certain
proceedings Against municipal corpor-
ations in the several s ates, and heads
of executive departments in this State
in the discharge of their executive
functions. Tne resolutions read:
WHEREAS, By the eleventh article
of the Constitution of the United
States, which declares "Ghat the ju-
dicial power of the United States shall
not be construed to extend To any suit
in law or equity commenced or pros
eCuted against any one OF the United
States by citizens of another State or
by CITIZENS or subjects of any foreign
State" 1t was especially designed TO
protect the States and State govern
ments against any interference or con-
troll by the Federal judicial power, in
| the exercise of their reserved rights.
including the taxing Of their citizens
for any purpose other than Federal
purposes; and,
Whereas, The Jurisdiction asserted
by the courts of the United States, III
suits By injunction or otherwise,
against heads of executive departments
IL this ate in the discharge of their
executive functions, to restrain or con-
trnl their- Gth.ial-ac = and IL suits
of levyiDg taxes, thereby subjecting
the officers of such corporations, who
should be responsible alone to State
authority, to the control of the Federal
judicial power and thus invading the
exclusive jurisdiction of the Safe
over its own officers in matter which
is the highest attribute of sovereignty,
is, IN the opinion of this Legislature,
opposed to the spirit and purpose OF the
Constitution and especially OF the
clause above mentioned and is an i'm
proper and unseemly interference by
the Federal judicial power in the ex-
ercise of the taxing power vested by
the States in such integral parts of the
State government; and,
Whereas, The continued exercise of
such jurisdiction may lead in the
future, as it has in the past, to I'M
seemly conflicts between Federal and
State authority, detrimental to that re-
spect for law and established authority
which is the foundation of society and
free government; and,
Whereas, This Legislature observes
with great joy an increasing respect
and reverence throughout this land for
the form of government established by
the fathers, and believe that it is the
paramount will of the people that
this form of government shall be
maintained in its true spirit, intact
forever; and to accomplish this pur-
pose, the harmonious corporation of
State and Federal authority under the
Constitution of the Uuited States is
indispensable; therefore, be it
ReSotred by the Legislature Of Ieras,
That our Senators in Congress and our
Representatives, be requested to urge
the enactment of such laws as may be
necessary to prevent the exercise OF
jurisdiction OF the courts Of the United
States IN proceedings against heads of
executive departments in this State in |
tho discharge of their executive func-
tons and against municipal coTpor-
ations in the several States in the man
ner complained of.
The resolutions passed both houses
of the Legislature yesterday, and were
no doubt Immediately signed by the
Governor.