Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-06-07

precedent Magma Charta WIS wruug from that
msrc1less despot by outraged and oppre ssed peo
PIE in 1915. VIII the Executive OF this free people
follow counsel in his giddy fight backward into the
dark despot;e ages OF Xix hundred Years to find
precedent for this unheard Of prcceedingG II so,
1 fesr it viii be considered usurpation OF power
unwarranted by asy theory or custom OF republican
government. A division Of departments into three
coordinate branches of government, independent OF
each other, was the fundamental principe which
controlled the Fathers. They engrafted it into all
OF the Constitutions, and he who attempts
70 disturb II violates the traditions OF the
nation, and strikes a blow at civil liberty.
The heroes, statesmen and jurisfs who organized
and established this republic were anbelievers IN
the divine right Of kings They abhofred des-
potc power, but cherished personal liberty, and ee
waited the rights Of man, aud around those rights
they placed these safeguards BY division of pow
efs Suppose our Constitution had said - The Gov-
ern0r shall have the power TO execute murderer
after an opportunity TO be heard upon written
charges" Would the counsel for the people claim
that the Executive could Try him; that the Gov
eruor could sit as a Court and pass sentence and
then execute it II power can be given TO the tx
ecutiye TO Try and determine by judicial process any
person for the crime of =" misconduct IN Office, he
may DO so for q greater crime. The degree OF
the crime cannot affect the question Of Jurisdiction.
The more we resolve this question IN our mind,
the more monstrous it seems. We shall wait with
deep anxiety the decision OF the Executive IN this
case, and hope that he will conform 10 the estab.
lished rules of American iurisprudel ee; Iipened
eminent urists which is embellisbed by their pure
thought, and made infexible by their learning and
wisdom, around which there clusters hallowed
reverence 10 the heart of every American citizen,
and which is the admiration Of the people Of other
countries
Al the conclusion OF Mr.. Sears argument, Col
onel Flournoy replied by stating that counsel had
simply argued that the Legislature in enacting Sec
ton ~ Of the Penal Code, had taken from the
Governor the power TO perform a constitutional
duty He read Texas decision referred to by Mr.
Sears, in which it laid down thst no powsr
could deprive an official of constitutional duty,
and ia the absence of law to guide him the said
official had right TO exercise his own discretion.
1t absurd TO talk about carrying this MISTER
into the Superior Court. The idea that a Court
could be asked to take testimony without the power
to enter judgment, degree or order, was absurd.
He could talk about the point made long while,
but there nothing whatever in it,
A. L Hart closed the argument for the defense.
Ee said the Interpretation placed this eonsti-
tutiona provision by counsel for the people was to
confer the Governor the power 10 prefer charges
against the Prison Directors, to try and determine
the charges, and then to execute them. This was
blending the legislative, judicial and executive
powers. All the traditions of the party TO which
Fiournoy belonged, he said, were opposed to such a
construction.
At the conclusion of Mr.. Harris argument, the
Commission tsok until 10 4. NJ. to-day init.
mating that at that hour written decision on the
demurrer would be filed.