The Palatka daily news. (Palatka, Fla.) 1884-1888, 1886-07-01
TIL. LAND GRANT.
'.ot,>eryer" E,pound> the Law aHi
cites Authorities \ Reply a. a
sueer The Law ". the ltns~-t ~

The comment, of thr fimtSt nlun M
1t, issue of tia. 15th upon my bitter "l
tho 9l,t. published in tnF NV 4 IN NJ
sense a reply to the Irorosition stated IA
that letter. The rarasr aph which L.
fleets in some degree upon the kh""l-
edge of your corrrslonhent, aS We'll a.
yourself. fA the much appreciated "ii-
dors. ment yuu gave 10 ti g optnt"hs ''N-
pressed. betrayed the 'rratie pasitrh "l
tho editor of that paper, anu subjects
him Ia very unfavorable criticism. u u
IA mere play of words. and subjected t."
grammatical anal, SIS would tare pretty
indh. Placing the most tlTtal e"n-
structIon upon II, II m, ans exactly what
1t seemingly denlts va that the sp-
prelne court did not review acts of con
pres, with regard To- the authority "f
that h,iy as law making InNer, hut
merely 10 perform tl" constitutional
duty of the Cnurt tn announce I" the
country IN ansu.r To- 1t, demand. wltth-
er or not the att considered va, ia keep
ing with the constitution.
His predatory remarks. ia which he
makes the declaration that Senator tall
and ,aufeelt are committed ta the sup
polt 1T the Florida Southern Il. Il, on
the ona hand, au.i To- ti. opposition to
the FLORIDA Railway and Navigation
COMPANY On the other. DO mol refer tn
proper subjects for my consideration
do not hesitate, however, IN passing
them, tu say that | do not believe that
Suu. nr senator all, or any other Intrlh
cent and honorable citizen uf this eoun
ty Is trying to prevent the rNtrnenn "f
the Florida Railway and Navigation
road" would ry~rectiully, and IN
kindly spirit. invite the editor "f the
Times nion tn explain more fully the
reason for his surlrisr that men IT high
intelligence readily colncl,lc IN ulhnlors
touching the constitutional relations ul
the different departments Uf tbs great
government. surely lr drta not he
in,r, ~ do some who been Trembling
und.r the threat h, has made. thai the
nine men Who constitute the supreme
court If the United Stltr-. have IT in
their power to override the constitution
hv contrmItun,lt ,aeatng thrarts -.
any ut the departments :" government
whilr in thrcNc,ic III their constitution
al powprI; The arylniA ,tlon of the su.
pr.i,ie court had for IT. object the gran J.
,St and most .snetlsnnt purposes that
ever entered into the conception of tle
nubI. It AMI wis.st men uf all ages, VIZ
the rendition oi Justice IT, all Jronnu-
mites as we'll Individually under the Law.
That which j. ones due Ut desert the
.,ying nr administering of which Is the
object and lend Of the law. 1t IS ~ part
"t the rruvinr" IT the supreme court to
make a law. The congress enacts the
laws. The supreme cuirt "Npnuud1 nf
declares the purrort of the law. Hence
the legal maxim. adopted AMI rromnl
lated hy the euuit itself, "Julrl's ,st
ms dnrrr, non dare. y. it ~ the
province ot Il Judge to declare thu Law.
not to give IT, Every department ot
government has Il bound tor It,
Jow.t, and duties. Neither can en-
,,o,h upon the other. Why Because
the constitution that bulwark uf civil
anl religious liberty stands more insnr-
inountatle than the walls about Tia" city
ut prtln. an impas,allt banner to the
would .be-inrad"r,
The only question therefor" to h. con
sidcr-l in connection with the forfeit.
ure Of the grant Of lands to railroad cor
puratiun4, Is, has congress the power to
declare a forfelttrey II would hr n
needless encroachmrnt upon Your spar"
tuintrnlIrr here the ,ircIarrd authority
IT congress- with regard tu tn" dIspo,l
ton OF the public lands. Tie supreme
court has defined the laws respecting the
public domain IN a vast ntinlmr ul cas"s
| shall only note a few extracts from
commissioner Sparks communication to
the House committee on public lands ~
rrepun-c to them request that he furnish
them with his oplniun- on important
matters connected with that -nblert.
1Il.cummunicatiun islatrd March l2th.
tNtrarts are rs follows
In the nited states ~. SrhuII t!u!
L. :. 39.p the court -ny The eon-tltn-
ton of the United States dcrIarrs that
CONGRESS shall have the power to dispose
rt aud maks all hcc,liul rules ami f'stI.
l,tions respecting the territory and other
property belonging to the hlt"i Ntat'N.
u,,r this provision the sale ul the pub
lic lands was placed hy statute tlndtr the
control uf the secretary OF the interior.
Ia an him IN the l"llurndi1c" oi tins
duty. IA bureau was created, at the hoah
oi which - the commissioner ot The E'i-
.r,i land office. with many -ulwi'iiiat'~.
To them, as IA special tribunal congress
eoniii.i the executing ot the ltN~
Nhirh regulate the surveying. the sell
my. and the general cafeot these lanI+.
In tlnlnly ys. CuWIan tl0l |. ,. l!ot
the court say: The quasi IniiriaI nature
of the functions Of land officers has ref
.rence only to eases in which individuals
have, az against each other, contested
the right 10 a patent before them. The
distinction bptwcen executive and JUN
rlal pourrs il elemental III our fniIu oi
government and this distinction iGs
teen invariably maintained 10y til" high
-st judicial authorities. 1t i lhpus
4lble," say the supreme court for the
judiciary "tu transfer a title that J. yet
IN the Ii nited States.
Congress has exclusive POWER I" DIS
pose of the public land-. "lt may -.
tahI-h such agencies for that rurpnst ~
lt ulesses, but whether even congress can
eaustitutlnnaIly vest executive duties III
tte judicial courts may vel ir HHts
tmnp,l.' The cun-titnttonaIItN oi III"
grant4 Of lands H. railroads las never
been denied. Their power t. Hacat" th"
grants for non compliance WITT IL con
iIton, ON the part OF the Grah'ers - al"
al United.
one more point in connection WIN
this subject of forfeiture, a regards ~
-, 4 Ill .. g. I