Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-07-26
CITY AND SUBURBAN.
LOUTHAb'S CASE.

The Opinion OF the supreme Court OF Ap-
reais-HuStiug. Court OF Richmond Re-
versed.
The following Is an abstract OF the opin-
ION Of the Supreme Court OF Appeals (ses
Wytheyills letter. reversing the Hastings
Court Of the city OF Richmond in the case
OF Louthan. school superintendent, who
was convicted OF misdemeanor in violating
recent act Of the General Assembly pro-
hibiting certain officials from taking part
in PARTY political conventions, &C..
Louthdn rs. The Commonwealth" The
plaintiff i'm error was indicted In the Hust-
iucS Court Of the city OF Richmond and
convicted under Acts Of Assembly ap-
proved March Is, 1854
The only defence relied on by the plain
til in error was that the act was unconsti-
tutional.
The Court said Il the ac: il in violation
cf the Constitution, then the Constitution
must preYa.l rather than the act.
The Court cannot refuse obedience 10
tie Constitution. The Legislature i re-
strained by the Constitution. Ii IS ALWAYS
with reluctance. aud never in doubtful
case, that the Court will refuse 10 enforce
an act of the Legislature. The Legislature
has supreme legislative power. limited only
Nv the express terms OF the Constitution
or the necessary implications thcreirom.
Tie acts complained oi are not in them
selves wrong. II this i a government Of
tie people. 10 seek active participation in the
government j. the plain privilege Of every
citizen. Not only the privilege but the
duty oi every citizen. This is recognized
in both Federal and State constitutions.
Congrcss is forbidden TO abridCe freedom
- speech or the rights Ot the people 10
peac,ably assemble. The Legislature i
forbidden to put any restraint upon the
freedom - the press or the freedom OF the
citizen 90 fully speak, write, and publish
his sentiments on all subjects. t>ce seq
tiop .. Article !. Constitution ~ Virginia.
And an citizens are declared 10 POSSESS
equal civil and political rights and
public privileges. lSte section %, Ar-
uole I, .amtl It is iorbiddcn in
the article defining iis powers from
ahrideing The iresdoa oi speech or oi IN"
press. lScction Is. Article 3, same. lleace
We find freedom ~ speech, freedom 81 the
pres. and protection ~ all the peopl,
deeply imhcdbtd in Oh, fundamental princi-
pies - our government. and the Cou~titu-
ton guard, these principles With an oath
Of office whi,h records The iealty ~ every
department oi the Government before u
can exist. No one will deny thr,e
rights 10 the citizen a. such. Car
ter NJ. LoUthan is citizen. II D..
not ALLEGED that ha has abused thi.
privilege. Hell 'rj,d, convicted. aud pun
ishcd for exercising these inalcnlOleTl.hts
...t
declares that to tc o crime which the Com
>'.tutou guarantees 10 cyrry citizen. Els
contcudod hy The Commonwealth that be-
C9u,, Zee +, superintendent ~ schools the
. Legislature, IN the exercise ~ l,, general
powers. my impose such Restrictions dpnu
Lim. and cites cr pGvir Curtis. lO5 United
/ ~tHto- B,iorts. page 81. The United Sjols,
,bpr.m, Court in that c1,- held the civil
service reform act constitutional. hui
gliei Justice Watt. in his opinion.
,Nur,> y declares that fhc ground o,
! Do, decision i that the ar' OF Congress doe.
uut lnld-c any right or political privilege
~ thr citizen. hut l- Intended lo dgd doe,
protect these RIGHTS, and leaves clcl mln
Tree to contribute 1S much a~ hc may choo,"
/ to any party Lr mJy choose. THIS decision
is reviewed at lcH-th. and it, ruling ap-
Piled to tins ease. (>eCti0n lfth O.to. p.
11lJ There HAY have been timc
I'M the history oi oar country when
the nature oi the Government was lc>,
understood and lc., clearly defined
when this might have been held IN
open qU,>tIou-bEt ~ cannot now 50
regard it. I'm the early days ~ the repub-
Ic ambitious and dr>potc rulers seeking
20 perpetuate their power Or to gggrandiIe
/ their stations, and finding no express pro-
hibition in the organic law. undertook to
place restraint upon the political principles
oi the people, and in 1895 passed the sedi-
ton act which imposed penalties upon the
free discussion ~ political questions. This
/ brought on u conflict between the people
and their rulers. which eliminated in .
change q rulers aud the constitutional
provisions, both fcdersl and state, which
We have citcd above. Virginia. niucty-siI
wears ago, standing upon fhe threshold Of
the new Union before she joined hands with
her sister states aud pledged her faith 10
form q more perfect Union, declared that
among other essential rights ths liberty q
conscience and u the press cannot be can
cclled, abridged, restrained. or modified
by any authority II the United States. ltu.
mcdiately upon the formation of The Union
We ind the just amendment 10 the Federal
N'uNtllAillNu ANpllt'u tlubDuA iuh llllN ' IT
giuia declaration. which was thus set in IT,
lace ia The national hou,, hold. where in
the future a. in the past. through all
coming time. let us hope it may Remain
sacred in the eve, OF the nation. Virginia.
Us We have seen. has deeply written this
principle upon her own constitutional "a.
b,es ~ stone. But iti> contrnded that thi-
act does not affect the citizen, u Virginia;
II only Affects certain otlicc-holder,. These
Ctlice- holders are citizens. They could not
he>uch il they were not citizen, The ciu-
zcuS u Virginia mn her Offices, and Is We
Lave no privileged cls,-c, in this state,
80 We have no class - citizens out
side the protection of the C0nstitu-
tion. That the Legislature may cor.
rect abuses in official conduct, and that
official malieasancc and misica,ance j. LA
bic % punishment none will deny. Put
there j. no prctcuc6 ~ such in This case. II
the Legislature ha, the power 10 forbid the
exercise oi one political privilege. why may
II not forbid another; II Il mayforbid a
citizen from speaking or writing his ,enti-
mcuts, IL NAV forbid him from voting his
sentiments. The Constitution does not
guarantee the liberty Of part only, but 81
all citizens. His offence i 4 constitutional
offence and the mode II his removal i pro-
yidcd in that instrument. The Legislature
has no power to provide another; iar less
can The Legislature declare that b. be
crime which the Constitution has gulran-
teed A. an inalenablc right. and because
GeserS ing man has been hOnOred with the
confidence II his iellov-men and elevated
20 a positon'of honor and trust is no Just
cause for his political degradation, but the
contrary. The act in question is in VIOLA
iion Of the Constitution OF Virginia. null
sud void. The offence charged against
Carter VI. LOuthan is not crime under
our laws, and the prosecution against him
must be dismissed.
Briefs and Personals.
At the late meeting Of the Democrats OF
Clay Ward Mr. Charles A. Spence was