The true northerner., 1885-05-14

xututt.
In March. is4t. the Judges OF the Supreme
point commissioner learned In the law TO con-
solidate and revise tn general laws. who WAS to
be united with the Chancellor and the presiding
Judge of the First Circuit In council OF revision,
and the result as alreed upon by the council
was 10 be reported to the legislature This re
port. which was chiefly the work OF the able
Jurtst who now presides over the Eighteenth
judicial Circuit. was reported to the Legislature
of ls4s. and left their hands very considerably
modified and In solne parts changed altogether
This system. both an reported and AZ modified,
introduced some radical changes. and the
amendments rendered IL more or less incongru-
ous. 1t, however, like the revision OF 1888,
most subjects, and was intended TO be COM
plete code. lt did not escape the same fate OF
numerous changes n subsequent Legislatures.
although IL was not found TO require the same
supply of original omissions Nevertheless, the
confusion created by all this changing action
was one OF the chief causes or calling the con-
stltutional convention OF 1850, and among the
things urged upon that body as i'm
portant were the condition OF the tax laws and
the method of legislation. Upon the former
subject number cf efforts were made TO give
conclusive effect to tax rroceedings and sales.
ami In every instance the propositions were re-
jected IA Illegal as well as arbitrary appropria-
ton OF private proper ". The difficulties of COL
lest NJ land taxes were similar to those now as
serted, and very malch more serious In proper
tion. No argument has been put forth recently
In In favor or extreme measures when % was not no,
deemed wise To attempt 10 take away absolutely
entire estates by summary and absolute forfeit
ure without inquiry being left open into the le-
gality OF the confiscatfon- During the same
convention a number OF propositions were pre-
sented for the appointments OF commissioners TO
prepare both general and torical revisions and
Qualifications of the laws. and of the law on r
tain subjects. 1t was further proposed To- have
commissioners appointed TO compare existing
laws with the new constitution and report
the result to the Legis' 'ature. All OF these
were rejected bv very decisive votes and
all of these objections made were based on the
mischief OF nj owing laws to be changed except
by the sole action OF the Legislature, which, IL
was urged. could not be and had not been ap-
piled with full intelligence to extended schemes
whi reflected the minds of others, and could
not on their passage be thoroughly compared
and digested by the body OF the Legislators 80
as TO enable them to realize their full effect on
the whole legal system of the State. And the
result was that the constitution was made TO
contain provision not only forever forbiddtng
any general revision OF the laws, but also re-
quiring compilations to introduo' no changes
whatever In the statutes, and to be made and
Art. n. Sec. 49, Several other articles were
adopted. the general purpose of which Was TO
make laws short and intelligfbe. and to prevent
the passage OF any act without having its mean
ing clearly and directly brought repeatedly 10
the attention of every member.
1t cannot be said that the Constitutional Con-
vention did not mean the Legislature to be pro-
tected against the substitution OF the judgment
OF 9th rs for their own. and did not feel the dan
ger OF it. And il the preparation of bills In
advance by legislative sanction IL not forbid
den. It is only because the language used applies
to general and not TO partial revision. But
this omission does not leave the door open to
the introduction into the actual work Of legisla-
tion Of q participation by persons not members,
and not selected by any constituency for that
purpose and still less for admitting advocates
on one side. with important authority In the di
rection of business without making provision
for having the other side represented or defend
ed by any one.
The only previous instances in which such
commissions have heretofore been created are
the constitutional commission OF 1873 and the
revision OF the laws concerning cities and viii
lagos. In both cases very eminent mon were
chosen. The power to allow such action concern
ing the Constitution was not generally acqui-
esced I'm, and the popular sense rejected the
whole scheme. The village law was found open
to constitutional objections which did not oc-
cur TO the distinguished compiler. And the expe-
rience of MANY years has shown that the volum-
inous city and village charters OF which our
statute books are full have almost always been
adopted by the LEGISLATURE on the fai h of those
who drew them, and have almost uniformly
turned out to be discordant and unwise In many
OF their provisions, and in many cases either
unconstitutional or impracticabe In execution.
The propounders OF new schemes have not kept
in mind the necessity of making legislat on har-
monious either with other laws or with the Con-
stitution, and have honestly In their zeal mag
nified benefits and fail d to appreciate Difficult
ties which are not always on the surface and
will notpccur to the minds of any but unpreju-
necessarily fatal obstacles to the existence of
power TO act, but they bear very strongly on the
impropriety OF treating an excess OF power as
frivolous and immaterial. / have said in my
former opinion all that | care to say upon the
power OF receiving the Commissioners into the
full privileges OF debate and consultation and
into q considerable control of the course of
business of the two houses which represent here
the principal functions OF the ancient Parlia-
ment which derived its name from It's debates
and not from its laws, and was never very
m a CIV
cluded outside interference as breach Of
privilege.
am OF opinion that the decree dismissing the
proceeding should be affirmed.
SHERWOOD, J.
am not insensible to the great and impOr-
tant interests both public and private, to be
affected by the final disposition of the case. and
believe fully appreciate the serious conse-
quences which may possibly finally follow an
e,ual division of the members of this court
upon the question OF the constitutionality Of
our general tax law presented in this issue
However much IL Is to be regretted that de-
cision by majority OF the court cannot be
made, still cannot escape the conviction that
IL is my duty as member of this court, in this
case in every other, to act in accordance with
the best understanding can get of the question
involved, uninfiueneed by considerations of ex-
pediency or OF policy.
Entertaining these views, and having once
passed judgment upon the questions presented.
1t il perhaps needless for me TO say that 1 list
ened with intense interest to the able arguments
so forciby presented by the distinguished
counsel on their review OF the question upon
the hearing of this csse. And after having
again given to the subject the most careful and
thorough consideration Of which am capable,
/ am compelled TO say that / am unable to ar
rive at any other or different conclusion than
was expressed by my Broi her Campbell in the
Iron Cliffs case, and to which gave my assent.
1t Ia not my purpose now TO enter into any
rediscussion OF the general question 80 ably
treated in the opinion hled by him in that case.
There are certain great natural rights, which
are fundamental and pertain to every citizen in
this country. One of these is the right to pri-
vate property. The people have always been
very vigilant in protecting these rights. Fearing
that in some way or in some manner they might
be impaired or infringed ui.der one pretense or
another in after generations, the fathers in our
system OF government, I'm making the organic
laws OF State and nation secured tho continued
existence of these rights by express provisions
in their Constitution.
For the protection and enforcement Of these
rights courts were instituted, both of law and
equity. When the court OF law failed, In conse-
quence OF the rigid rules by which IL was gov
erned, TO furnish the proper means Of protection
or redress, just at that point equity took cog
nizance OF the matter; and under the flexible
power exercised in that court. and the manner
OF exercising it which Is found in the practice
of these courts, and under the various statutes
adopted for that purpose have long been well
settled-that are older by far than the constitu-
tfons themselves And these means OF enforce
ment and protection or these elementary rights
are what Is called due process of law"
Ii never be made to mean less than the
prosecution of suit In our courts according to
l...l.. s1.~I