Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-08-01

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 impropriety of-pursulne
the course laid out must be apparent, both
from it's conflict with the judicial duties in
connection herewith, that the judges may bt
called upon to perform, and also from Its con
fct with the Legislative duties which belong
opinion there, either orally or by ever
consenting to act on the com
mission, becomes in effect pre-
Judgment of a question that may come be-
fore the courts for adjudication. No public
officer, and above all, judicial officer, has
any right to be placed or to place himself in
a 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 opln-
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 OF
the judges thereof their opinion upon any
question, nor has said court or judges any
Tlgub W give ouCu OpiuiOHs % Oouu'S oOO'
10 Mimi, 50. 10 Mimi, 1O3. 20 Mimi, 1868.
% Mimi, $3.50. q - a
Again, law must be mandatory and obliga-
tory upon those who are to be the subjects OF
it, by a 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, go far as the object
sought to be accomplished by the act is con-
cerned, 1t possessed none. Ii it has that Char
acter at all it is to he conferred by the decision
of the com mission, as without such decision 1t
is imperative for any purpose. That tribunal
mnst 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 1T without such decision. But this decision
can only work such an effect by reason of its
being clothed with the power of legislation.
It will 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 a
delegation of the Legislative franchise by an
act of the legislature. 6 Barr, SIT.
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, lis, 116.
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 ssbreathed upon by this tribunal and
called into activity by its voice." If the trib-
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 60 on and complete the object of it's
enactment. 1t is only on tie decision being
adverse to such constltutionality that the act
can be Or is TO be submitted to the people, It
operates not propria vigore, but, if at all only
by virtue of the mandate of the tribunal ex-
pressed subsequently to its enactment, in plr-
suance of an invitation extended to it by the
legislature. Barre, 116.
At 1890 p. m. the attorney general
suspended his argument and the court
to 2 p. m. Monday, when he
will resume and probably occupy that
day and part of the next. The order
of Discussion is not wholly definitely de-
termined, but it is understood Gen.
Cole, for the commission, will follow the
attorney general and be succeeded by Mr..
Secombe, for citizen Secombe. Hon.
John M. Gilman will make the closing
for the commission, and Judge
Wilson, for the State, will close the ar
gument. 1t is probable the arguments
will not be closed until the latter part of
the week, and the decision of the court
may not be given until week from te-
morrow. Meantime the bond commits
sion will probably adjourn from day to