Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-08-08
THE APPORTIONMENT ACT
DECLARED CONSTITUTIONAL.
The supreme Court or Appeals Unanimous
Tn, Opinion I'm Fuii--cthsr Cases.
fer.cDi ts,eyr. N, so Tho uiso,teb

tionmeut act. Judge Fauntleroy delivered
the opinion.
THE OPINION.
John $. IYise Us. Bigger and Derr-Faunt-
Ierog, Judge.
Upon the petition OF John s. Wise, a cit.
ven OF Virginia, for a ndndamns, setting
forth that he is injured and bis rights en-
dangcred by the wrongful enrolment
among the laws Of Virginia. by J. Bell Big
| ger, Keeper Of the Rolls OF Virginia, aud
his refusal 10 exclude or strike from the
rolls certain pretended act OF Assembly
entitled an act t. apportiOn the repre-
seriatiyes Of The State Of Virginia In the
Congress Of the United States, and alleged
TO be IN force on the 22d day Of February.
1881. and which was designated on the
Senate Journal as Senate bill No. 99l. ani
nlso 10y the wrongful refusal Of X. u. Derr,
| superintendent 81 Public Printing, 10
omit said pretended act from tie Acts OF
| Assembly, and praying The peremptory
! wiz q mGndamus oi this court TO COM
m.nd the said Keeper Of the Rolls TO strike
| from the rolls, and commanding the said
| Pubic Printer TO strike from the printed
acts The said act. rule was awarded
| against tbe said officers 20 show cause
why the said writ should not issue
according to The prayer OF the peti-
ton. July S1st the said officers made
return HAT the said Bigger demurs
tc the petition, and answered that heis not
an ficeT Of tbc Senate. and has no control
over ;he Senate records; that he has cusio-
ty Of The acts and resolutions OF the Gen.
sral Assembly, and The records and papers
Of the House OF DELEGATES; that he had dis
charged his duty concerning the ac' in
question, Lad delivered il 10 The Public
Printer. aud that il was in nOwisc his duty
to strike the said acts from the rolls, that
the official copy Of n stclute enrolled and
authenticated is conclusive evidence of the
law, and that 1t is incompetent To resort 10
the Journals Of the Legislature or any eK-
trinsic evidence to ascertain whether
statute was enacted.
The Public Printer answered that he
lad printed and distributed the Acts Of
Assembly before the rule IN this ease was
served upon him, and that he has no
farther control over them. The Court held
that here could be 40 doubt Of the iIrs-
dio'ion Of the court to hear and determine
the question arising uuon this pvti!iOn. At
very early day, in the leading ease OF Mar
bury & Madison, 1T Cranch, IL, il was
determined ty the Supreme Court Of tbe
United States that ihe inferior court 0;
the United States had jurisdiction to hear
and determine upon petition for man
ddnUS tie question whether The President
OF tie United States had or had not eXcr-
ciscd IN conformity with the Constitution
OF the United States the Executive iunc-
ton Of the appointment oi Justice oi the
peace for the District Of Columbia, which
was vested in the Executive department
exclusively by the Constitution OF the
United states. and from that day to this Il
has teen The indsputlble aud clear
function Of the courts, Federal aud
state. 20 Ta,s upon the cOn,tilulionGlity
of legislative acts and TIE grounds Oi
t.i. Jurisdiction, as well - the du.y Of IL
fearless exercise, are admir- bly, stated by
Chicf-Jdsiice Marshall in that ease. Re-
fcrylng also to the case Oi Peter Hamper
as. Mary Hawkins. First Virginia Gases
,lat The Court must taEc notice Of c0mpli-
anue or noncompliance with Nh COn~titu-
ton in TIE mode aud manner OF enact
ing laws as well - N the OBJ
j6cis and provisions Of the proposed
laws. j. settled question. In Woke
Il ais. as. Ncta.l, clerk, &C.. seventeen
Rep. Judge Christian, ia delivering the
opinion Of 'he court, says To enact llw',
or 10 declare what the laws shall De. Is le sis-
iaiiyc power; to interpret laws. 10 declare
what law IS or Ia, hten. is Judicial power.
The power 10 declare what j. the lew OF the
Stale * delegated TO The courts. TO declare
what the law il. Of necessity involves the
rover tn declare what acts ~ the Legisll-
turr :rc o. q what ccts o. the Leci liurc are
rot laws. IT, Galdner rs. The Collector, Gth
Wallace. 80. the power Of q court Of law 10
ddcImine when an act IL Congress became
a law. or rs 10 the existence OF law. was
ifrmcd ly the Supreme Court o. the
uitod States. Zee also Town oi South
Otlova rs. Perkins, % United states Re-
YCrte :, Coycley on Constitutional Limils-
lions. page "a. The rclotor asserts h,
right 20 the writ, upon thc ground tlat he
j. q citizen of the St9ie. and, in common
with Other citizens. entitled 10 have proper
REPRESENTATIVES IN Congress. A. regards
tie degree 0f interest in the rclator re-
Ou.rcd % make him proper party on |
whose information toe proceedings Liay lie .
instituted. "a distinction Is taken between .
cas,s when The extraordinary writ oi HsIH- .
dGiaaS j, inv acd-uamely. foc the pur- /
rose of crsogciG, or protecting priy1'e /
right uucolucc;od with The pu1lic inter-
C>i. and those cases when ibc pIrNose Of
tie application il the enforcement ~
rurcy Iublic right when the people at
large are The real party ia interest. hnd .
while the authorities are somewhat con- +
liciirg. yet Tie decided weight 0i author I.
ny supports the propagation That when
there : sought action merely for tie +
protection u the public rights The /
relatcr uusi show some personal special /
in;eIc.t in the suticctma'ier, and Ae is re- /
gardod g. thc real party in interest. and hls /
rights must clearly appesT. On trc other (
hand, VIXEN the question Is one 81 pu0lc /
right. and the object of the r.andlmp3 Is .
H. produce the enforcement OF q public /
DUTY, Tie People are regarded rs the rea, /
rariy. and the rcat0r at whose ins.g1- /
lion the proceedings are instituted, need /
not show that ne has any legal or SPECIAL /
interest in the result, il being suiicien, TO
show that he Is q citizen. and IS such, thathe
/. interested in lhe execution II the laws.
Sc County oi Pise rs. The state, II H..
2G2: City II Ottawa rs The People, IS
H.. a23; WaElilton Is. The state, , Ind,
l52: People Us. Collins. 10 Wend., 6j;
Bel! as. he People. 3, ILL.,. 30,; People
as. Ii6l.cy. 81 Y. y. 34i; state as. County
Judge cf Marshall. : Iowa, 1876. The man
GGfaus viii he 10 compel the performances
of duiiCs purely ministerial ~ Their ma
tuIe and 30 clear and specific that
no element OF discretion Is left IN
Their periormance. The application oi
tie rule is universal and ID. illustrations
ale as multiiormas are applications Tor TIE
aid Of the extraordinary remedy. 1t Is
Obvious flat il relates only TO the enforce
mcnt ~ duties incumbent by law upon
Tie rcrson or body against whom tue con-
else power 0i the court is invoked. IL
must in all case, clearly appear that the
officer against whom The Jurisdiction by
mQHddmuS is invoked i crGally in de-
fault Of performance Of some act Which
the law specially cnioins as du,y
resulting from her officers. and when
substantial doubt exist, a. 10 the duty
whore performance 1t is sought to CO.
cree. or - 10 the right or power oi tie
officer to perform the duty. tue relief will
bc attached with the granting OF the WITT.
In such case Il would reader the process
q the court migatory. The act 10 question
has already been printed and distributed.
The respondent DerT has no further
concern with it, and the rule as
10 him must be doued. A to the
Keeper Of the Rolls, his Guty is 10 keep
faithfully the rolls - which he Is
the sole LEGAL custodian. ]. i rot clear
tia he could he compelled by this court 10
DO any other act concerning The acts IN MS
charge than such as is prescribed by law:
This courts powers. ia the the case OF
Wolfe IS. Mccall, Keeper OF tha Rolls, -
Virginia Reports, awarded writ OF man
dqmuS to compel this officer 10 place
t.ron Tho rolia and .. uuitf.h with the |