Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-03-07

I found poace geiRned Nc homo and abroad
and without even tho tyraufs plchoi inter
arfda silent lcges, by similar act oi con
,,roaa two or three countless
| agaloat the expressed wishes
IN the people thereof, were i0Toibly
/ taken from the old state and Joined TO
( Tho ao.called now ono, ia order, we sup
nose. that the infant bantling might reach
IA near Washington as possible, ~ he
snckled by the wolf tnat nurturcd u into
exlsteute, aud assume IN form aud shape
tho deformlty and hidcouHness OF ita pa
ternlty. All these usurpatiOns 81 power
and lnyaslons, not 60 mention others, 81
tho constitutional rights ofthe oldest ana
most renowned commonwealth IN Tue
Union came up properly before the
| United states supreme court, but 10 DC
affirmed and approved under this modern
theory Of constitutional Interpretation,
Another notable instance Of the dcbanch-
pry OF this highest judicial tribunal IN
the country consists In wbatis commonly
called the electoral commission act oi
congress-, but this among others we must
nc present pass over,
Coming down ~ our own state, we nave
seen tho court Of appeals IN II case re.
Gently before IT, involving among other
questions the Constitutlonnllty Of stat
ute gIying unlimited discretion or power
TO tho district Judge and other Inferior
courts over two OF the most sacred, re-
served, "lnalienable,n constitutional
rights of the citizen VIZ; the right 70
"eOmpuls0ry process for his Witnesses
and "a fair trial before an impartial jury"
lay down as judicial doctrine that IN the
absence ot anything belug said In the
constitution about continuances or dis
ofettonnry power, the legislature had the
constitutional right, under these headings
10 enact any law II pleased ad libltum. In
other words, that the Legislature may do
directly what tho constitution prohibits
Il from doing directly and discretion
any statute and u positive mandate oil the
constitution, on or involving the same
subject matter, are not obnoxious TO but
perfectly compatible with each other
Was there ever moro subtle, dangerous,
destructive doctrine announced from the
bonchp II IL not only destructive OF all
constitutional government, but equally
as well also Of all moralsS Can even the
cnnonH OF modern constitutional con
strnctlon or limitation, broad and I'M
limited az they are, support such a doc
trln07 IL II not making law Instead of
rendering decision under the statute
aud constitution, as was the duty OF the
court? How comes IL that the judges 0i
our higher courts approach the constitn.
ton M child does al imaginary hob.
goblin, or the murderer the Innocent
ghost OF IIamlctS Why should they be so
afraid Of the Magma Churta OF their own
llbertles2 The reports OF the state are
full Of dccl ions equally az destructive OF
constitutional government, M well as the
constitutional rights and liberties OF the
citizens, and we may hereafter review
some Of them more In detail, but cannot
now do so. OF law, " has been said, all
things on earth aud In heaven do homage
to u, the very highest az not
being above lts authority, the
very lowest as being under ia
protection. But who can even respect,
much less obey, these modern sol
distant laws, whether OF one department
Of government or another, except ut the
point Of the bayonetP And what is this
INT dcepotlsmY
OF all the political or governmental
phenomena, however, we lave over wilt
messed, heard OF or read Of, what In now
called the ''land board OF TcXaa" reaches
the climax. Here we find at Zone fell
swoop" the three great departments OF
government, VIZ; tho executive, logisla.
tive and judicial, are oblltorated by this
land hoard They have not only de-
stroyod the independence OF each one of
these departments OF the other, but
they have practically destroyed
their very existence az separate
departments Of government and
blended the functions and duties OF
each within themselves, Composed In
the nrst place OF the chiefs of tho
executive aud judicial departments, they
have called into their councils three
present or former members OF the lcgis-
latiyo department to complete the trio
whom thoy have chosen TO designate as
grass commissioners. II would be
easier TO say what this board has not
done than what II has done, N seems
when they meet they never adjourn sine
die, aud no hiatus or lntorregnum has
yet come To destroy their official exist.
enco. They mako their own laws, exc
cute their own laws and judlcially pass
upon their own laws without any
reference whatever II seems, 10 the con.
stltutlon--the lex suproma OF the
state, Their DEGREES seem 10 be
as changoablo as the wind,
aud whether made Cub rosa
or with open doors no ono seems To In.
formed In this board we witness the
strange spectacle Of lmperlum In impcrio,
such as Mexican pronunolamonto often
calls into existence TO plague and lay
heavy tribute upon the people II has
not lts fac slmllo among the English race
OF people, ut least since tho origin OF
Magma Charta In England, II resembles
moro what the Spanish call ia gunta'
than any department OF constitutional
| government,
It's DEGREES soon 90 be very much alter
the fashion Of the "lnqulsitlon" (suoh ~
once existed IN Spaiu), with these pIas,
commissioners as oNoCutlonors OF thcll
autodefcs
We may have something further, per
hups, 10 say about this political paradox
In Texas, but at present space does moi
ndmlt Of II. JuNIua.
n Singular OmigAion.
'Pawpaw,n said New Jersey young