The Republican. [volume] (Oakland, Md.) 1877-current, 1882-10-07

whole people, declares in favor of
diffusion of knowledge, virtue and
general education. The constitution
Itself in still more positive terms in
an exclusive article (VIID ordains,
that 1.-THE General Assembly at its
1lrst session after the adoption of this
constitution shall by law established
throughout the State thorough and
eIhclent system of Free Public
schools ; and shall provide by taxa
tlon, or otherwise for their maintain
ance." The Legislature has obeyed
these organic commands, why not
the Judges. And it must not be for.
gotten, that both Judge Alvey and
Motter were leading members of the
constitutional convention of 1868,
which gave us the present constitu-
ton.
Can even learned chief of Cir
cult Court, by his own mere will and
motion, decide statute of the State
10 be a nulity, and unbinding upon
him, and thus act? This is rather
too plain for argument, but let us see
how it will stand the test. Is not a
(, Judge like the rest of us, a plain citi-
zen before the law, and bound by it 4?
His official powers and authority on
~ exist when he is on the bench, adj
Indicating some question or matter
properly submitted before him for
action. His acts and opinions in this
way, and in no other, assume author
ity and binding effect upon his fellow
citizens. He has no voluntary Judi
cial powers and no more right than
the Postmaster of your town, to issue
a binding decree, judment, order or
even opinion upon any question
otherwise than by due procedure at
law. He, like any other person, is
bound by a statute until it is repealed
or determined to be void by Court
of last resort, through the forms of
proper suit, The plainest persons
know land we are of SUCH that it is
at any time a serious act for even a
Court of the last resort to undo
statute, passed by the General Assem-
bley. If one Judge, of his own mere
volition, can dispence with law, his
associates can do the same thing. SO,
instead of having Courts acting ac-
cording to the forms of law, you have
Individual will. We do not under
take to say such direfuI things will,
or are likely to come to pass, but the
next worst things are the living pre-
cidents for them.
If the Judge claims that he is not
bound to execute any newly imposed
powers by the Legislature, let US see
how the constitution speaks to him
on that subject. The Goth Section of
Article ", ordains:
1.-The Circuit Court shall have and
exercise in the respective Counties,
all the power, authority and iurisdic-
ton, original and appellate, which
the present Circuit Court of this State
now have and exercise, or which may
hereafter be prescribed by law"
1t may be asked why this careful
communication. Well it was certain
ly not inspired by any unkindly feel
ings towards the Judge. They, to-
gather with similar expressions have
been informally the other way. But
we believe in education, and want to
see the act of 1872, while it remains
on the statute book, executed by the
whole Court, according to its plain
provisions. We have had quite
enough of the Earrings and ill effects
of dissenting Judges.
1t is idle now to expect Judge
Alvey, with his positive nature. to
retrace his mistaken steps. He is not
the man for that. What is needed is
a harmonious and friendly Court,
who will carry out the law in good
faith entirely free from politics, par
ty, or chickering's of any kind, and
especially to keep the school board
free from the very bad effects of
permanent debt.
These essentials are not to be real
lied from the old Court. We must,
therefore, look for relief elsewhere,
and that takes us at once to the Re-
publican candidates, Hon. w. j.
Read and Hon. Edward Stake. They
are new, it is true; so much the bet
ter. Some say they are young-toO
young. Let those fiIppant ones read
a little history, which, by the way,
Will be something new to them, and
most likely for the first time they
will learn how old our own Buchan-
mans, Legrands, Masons and Tucks
and the Marshalls, Storys, Gibsons,
Blacks and a great many more of
other Jurisdictions were when the
ermine was first placed upon their
shoulders.
1t is admitted that much well