Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-07-31

thing can be done, ! see no reason, nor do /
believe any reason can be given, why these
same conumdrums could not be propounded
to any five lawyers the legislature might
select. Certainly the improperly of pursuing
the course laid Aout must be apparent, both
from it's conflict with the judicial duties in
connection herewith, that the judges may be
called upon to perform, and also from it's con-
fct with the Legislative duties which belong
to the legislative body An expression of an
opinion there, either orally or by even
consenting to act on the CON-
mission, becomes in effect pre-
judgment of question that may come be-
fore the courts for adjudication. No public
officer. and above all, a judicial officer, has
any right to be placed or to place himself in
q position where, if called upon to act in his
official character, he may not be able to so act.
This, it seems to me, is automatic.
Second-But if it is claimed that we are mis-
taken as to the purport and scope OF this act,
in the view already expressed, and that what
the legislature designed was to ask the opIp-
ion of the supreme court judges Tor in case
they refused to serve those of the district
judges) on the question of the constitutional
! ity of this amendment, then we say that the
legislature has no right to ask any court or
the judges thereof their opinion upon any
question, nor has said court or judges any
right to give such opinion. 80 Conn.,, $50.
10 Mimi, 50. 10 Mimi, 1903. 20 Mimi, 1868.
| 90 MIMI, 366.
Again, law must be mandatory and obliga-
| tory upon those who are to be the subjects of
it, by declaration of the legislative will.
But this act does not derive Its mandatory and
obligatory character from the legislature, for
on the day OF its passage, so far as the object
sought to be accomplished by the act is con-
cerned; it possessed none. If it has that char
acter at all it is to be conferred by the decision
of the commission, as without such decision 1t
is imperative for any purpose. That tribunal
must make some decision, or the act in this
regard is mere piece of waste paper. Moth
| ing is to be or can be done under or by virtue
of It without such decision. But this decision
can only work such an effect by reason of its
being clothed with the power of legislation.
twill not be pretended that they have that
power unless it was conferred by the invitation
to declare its will by making the decision pro-
vided for in the act. If this is so, it is but
delegation Of the legislative franchise by an
act of the legislature. Barr, GIT.
The power of making, or, what is tanta-
mount, the power of breathing life into law
cannot be. transferred by the legislature to any
other person or persons. Is Barb, 115, ll6.
All that part of the act from section three
to the end thereof is inert without the decis
ion of that tribunal. It remains a dead letter
until ''breathed upon by this tribunal ant
CdlOu INtO dCtifity Wy loo NoiCO. IL enO VI ~
unal never assemblies, or if it refuses to act
or if it never makes decision, this act is ut
terly imperative for any purpose. 1t is only
on the tribunal deciding that this act is con
stitutional that the State officers are author
lied to go on and complete the object of it,
enactment. 1t is only on tie decision being
adverse to such constltutionality that the ac
can be or is TO be submitted to the people, L
operates not propriG UigOre, but, if at all ,onl.
1>,y ~f 4ho 1ota IF no fri
pressed subsequently to its enactment, in pur
suance of an invitation extended to it by tn
legislature. Barr, 116.
At 1890 p. N. the attorney genera
suspended his argument and the cour
adjourned to 2 p. m. Monday, when hi
will resume and probably occupy that
day and part of the next. The ordel
of Discussion is not wholly definitely de-
termined, but it is understood Gen
Cole, for the commission, will follow thu
attorney general and be succeeded by Mr.
Secombe, for citizen Secombe. Hon
John M. Gilman will make the closing
argument for the commission, and Judg'
Wilson, for the State, will close the al
gument 1t is probable the argument
will not be closed until the latter part Of
the week, and the decision of the cour
may not be given until week from te
morrow Meantime the bond commits
sion will probably adjourn from day t.