The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-26

duN llllC IOT lIS 6AeTClSe. III IulS
respect, too. it is more potent than
if it had been expressly conferred ON
him, as it has been ON the governor.
The conclusion is, as | think, ire
sistable, that as to the veto power,
and as to the other powers that
are exclusively and expressly con-
ferred upon the chief executive. he
represents and acts Tor the whole
executive authority of the stateSgov-
ernment in the mode, and with the
effect, as prescribed i'll the cOnstitu-
ton. And the fact that the consti-
tuition has provided no means of
preventing a comptroller from
assuming the power to veto a law,
upon any ground whatever, is no
evidence that the constitution has
conferred on him that power, by
assigning to him certain duties to
be performed by him according to
the laws relating to them, that have
been passed in due form by the law
making power of the gOvernm ent.
In this discussion | have reference
TO such laws as come within the
scope of legislative power, relating
to subjects over which the legisla-
ture has power OF legislation. 1
have not stopped to consider and
| discuss some creature of the imagi-
nation, wherein the act of the legis-
lature would be beyond and outside
of legislative powers. or relate to
matter over or about which ii
had no power whatever to
enact law. L have had III
view such a law as this one
making an appropriation out of the
university fund for the support ola
certain school. The legislature has
the right of legislation over that
fund. and has the right of legislation
over this and other schools, in max
ing provision for their support.
And, therefore, upon those subjects
it can make laws subject only to such
cheeks as are provided in the con-
stitutiOn. L have not stopped to
consider a class of cases that might
possibly arise in government like
ours, wherever the powers of gov
erument are divided and distributed
into different departments, legisla-
tive, executive and judicial, and
where one of such departments
should invade, curtail or usurp the
constitutional powers of the other.
In such government its harmon
ious administration is practical only
when each department INDUCES in q
liberal and respectful recognition
of the rights of the other, when ex-
ercised within the scope OF the prov
ince allotted to it in this division of
3 powers. The legislative department,
by the passage of this law,
has not invaded, curtailed or
usurped any executive powers
possessed by the comptroller, by vir,
tue of his office as one of the heads OF
the executive department of the
, government. Ii there has been a
| wrong done by the legislative de.
7 partment, it has been done while
= acting upon subjects within theiI
} sphere of action, and the comptroller
Q is not responsible for it.
But if it be the true theory of. oul
government, that all officers in all O
/ the departments, who are required tC
? execute laws i'll the discharge
/ of their official duties, (wDC
: may be numbered by hun
C dreds,) may, and should assume thu
= authority to sit i'll judgment upoI
: the constitutionality of every law
l they are called upon to execute, o.
Y have any participation in the eXecu
4 ton of, with the tardy means fur
d nished for the prevention or correc
d ton of the wrongful exercise of tn,
y veto power exercised by them, it i
It easy to understand that this gov
n eminent would become a Babel o
j. confusion, especially, if by this eX
d ample of the exercise of the vet,
e power absolute, the country SHOULD
}, be provided with a popular mani
.. for Independent individuality an,
s. self assertion in the discharge of off
II cial duties.
a Each ssand every head of the eX
d ecutiYe department may delay, AM
e Tor the .t time at least defeat , nth th
Re urgent and most important meas
s. ures of the legislature.
e, The district and county attorney
may with impuntity, for a time a
l. least, fail and refuse to prosecut
: particular offences, and to brins
L certain civil suits. Sherifls. consta
l. bles, clerks, tax assessors, tax col
o lectors, and numerous other officers
e may find that they are, in thei
n opinions, invading rights, and out
n raging the constitution of thei
II country by executing the law, n
= plainly printed in the statute bool
e for their guidance.
= Admitting that this power of vett
II on constitutional grounds is an in
| herent official right, possessed b,
II all officers who execute the laws
v subject only TO such remedies O
S prevention and correction as hav,
h been furnished by the constitution
II and laws of the state, surely i
= should be exercised according e
c well established rules of construc
v ton and of action, that control on
II highest courts, the courts of las
r, resort, that are recognized to have
: the right to decide constitutions
: questions involved in the execution
of laws, when they are properly pre-
if scented within their Irisdiction. Ont
o rule by which they are governed il
y that where the facts involved in anC
r pertaining TO law are fairly capa
n bic of two versions, one favorable
: 10 the constitutiOnality of the law
r and the other unfavorable, they sus
i tain and execute the law, although
t in their opinion, as an original ques
c ton, the preponderance Of weight
/. might be Oh the unfavorable side
j Now, to apply that rule to this law
g on the one side is the solitary fact
r. found in the caption of the act o.
q the regular session of 1879, wherein
: this institution IS called the normal
!, school at Prairie View for the pre-
: paration and training of colored
S teachers, followed by its designation
e in the clause of the appropriation
2 act of 1881, i'll which it is called
''Prairie View normal instituted
which is mere name of the school,
evidently not very clearly fixed III
the legislative mind. On the
: other side is combination
of facts pertaining TO the Legislative
proceedings of three legislatures,
: showing a determination on the
part ola large majority of the men,
bers of both houses to establish an
! institution in connection with,
and as a, part OF, the A. &c NJ.
college for the benefit of, and as an
act of justice, to the colored race, by
placing and continuously retaining
it under The board of directors of
that college, by retaining the labor
feature in the school expressly, in
the act of 1879, that adds to the
school previously established the
normal school feature and changed
A.