Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-04-30
DAILY oS1.|NTEluGeNCER
A CORPORATION IkAsE-

;ndoe as to their legality. he Is no'
sven bound To accept the Interpretation
GIVEN TO a law by the Supreme Coutt' |
mnch less that which Congress may
Give to it, -Tdcomd Ledge'.
Rather bold position even tor an
organ Of An INSCRIPTIONS and lsw de
fyine corporation to assume. his 'Ai'"
in fact. false ia law. false under toe p'"
Visions of the United Stat c'r"'i'o
tion. The duty Of the Presiden' ! "
take care that the laws bs 'Al't'"h'
,..d- A branch of toe law
making DO yer. before bills are ehao'fi
into laws. il is his dntv I" investigate
than. and If. in his Judgment, they c. Il
tiict with the constitution, or are o'Aei-
wise objectionable, ret'7" MIS- a'"h'
tbereto and give his reasons Tor Huoh
refusal. Bat when, with or without his
approyal, bill has, by con7ti'n'i'hHI
,n.,boda h.oome a law, ii ia the duty OF
On. pr.sid.nt to see that It IL falthfuiiy
executed. He has no III IRE ri9ht 70 ais
reoard it's provisions than has the mum
blas, citizs.. He cannot be his own
;ndoe a. TO its legality. 10 ehior'e
snch a d ,c.rine would set the chiei eh
.cn,ive above all laws. II wouid invest
him With NOR. power than that OF tbs
Russian Gar II would rem der nam an
absolute diaEtor. la but one 'I'Dala,
o,b.r than Congress itself, under our
system Of constitutional governments
exists the power to annul Ia" "f ION
ores. The SnpremH C'urt 81 tne
limited States has tnat power. II ray
declare a law unconstitutional ann So'o
And the President mast enforce It's OF
der.. he il bonnd BY it, interpreta-
ton of any law Of G Ingr-ss properly
brought before it. To refnse 10 De SO
vonid be a crime which would subject
him To imps .chment. These are con
stitutional and legal facts known TO
nearly every school boy III the iand'
II has remained for n corporation organ
to deny them.
law eOnstitutionally enacted Is
valid, and it's provisions are bindihe
until one of two things takes place to
wit, until it ~ repealed or declared I'M
constitutional by the proper tribunal.
Authority to declare law unconstitu-
tional does not exist in the Executive
Department, of this Government.
Neither can the President or any state
executive repeal law. II ~ A. much
orilae, it il a higher Grim. for snnh An
ono to nullify or disregard the statutes
OF the country than 1t would be- TOR an
ordinary citizen. They violate not
only statutory law, but the organic ACT
which has imposed upon them the duty
of seeing 1t enforced. and which they
have solemniy sworn L. uphold and de-
fend. The citizen who refusss To obey
the mandates of law does so at his peru.
II he deem 1t unconstitutional he 0hn
contest it's validity before the courts.
II his position be sustained therein he
avoids penalty for Its violation, II not
he must accept tho Consequences. Inc
executive who refuses To execute II Ia"
ia equally responsible for It's non-en-
forcement. lie is not the judge IA 10
its oonstitntionality. He may refuse to
enforce II pending Judicial interpfeta'
ton. but not aft-rward, and II declared
valid all his official acts III doroIation
OF its provisions. since Its eua"tme1 A.
are null and void. Nor IN enforcing The
execution of an net Is the executive
perlnitted 10 exceed or disregard any OF
its provisions, unless such authority rs
given bv the language Of the act itself
or necessarily implied. The constitu-
ti0nal provision to take care that the
laws be faithfully executed does not
confer upon the Pfesldent the power to
adj to, or amend, or nullify the provis-
ions of any statutory enactment.
Il IL possible that the non action of
Congress upon the matter of FORGETTING
the unearned land grant 10 the Northern
Pacific X ulroad Company may to some
extent excuse the Executive Department
for its action in appointing. from time
TO time Commissioners To inspect sec
tions OF that railroad completed since
July 4th, 1879. and for accepting the
same aud issuing patents for lands
claimed to have been earned thereby.
Bat there has been no reason for such
violation OF the law. When the time
fixed by law for the completion of the
railroad expired, the duty of the Execut-
i've Department to provide for the in
sIeotion Of completed sections thereof
Terminated. Not only WAS the duty
ended but the right tn accept such see
tions and To issue patents to lands
therefor ceased to exist. The Company
could thenceforth build no more rail
road under the provisions of its charter
nor could the Executive accept such
road AZ legally constructed. The right
of the Company to have its railroad III
spected and accepted by the President,
and the right of the President to order
such inspection and certify bis accept
ancs thereof were terminated by the
provisions of the law itself July 4th.
1879 Thenceforth all acts of the Ex-
ecutive Department have. As We view
the case. been extra official and void
able il not absolutely void.
There is trouble III Louisville. ny.
The police have been instructed to sup
press Mother Hubbard costumes on the
streets. This will arouse the ire of a
great many ladies who have teen 40