Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-03-18
JUNIUS.
Evil In Legislative Department OF
Government the Relegating OF
Power to Third Parties.
The Land Board and the Grass Commits.
Ioners cited MS ESampies- The
Lease Law Illegal.

country come 70 regard the "hWlcsbheSH
Of law ltself az more terrible than the
lawlessuess OF the mob or highway rob
ber-more fraught with danger 70 con
stllutional liberty 10 this country than all
other social or political evils combined.
Indeed, the English language Is deficient
10 words to enable us to describe infinitely
and accurately the exact moral, social and
political condition OF the country. The
nearest approach, perhaps, we can make
10 II would be to apply a half metaphys-
ical half mathematical expression and
call II "IIyperbDllc Asymtolic" Che
growing eyi IN the legislative department
OF government seems to be disposition
TO relcgate It's powers and duties TO third
parties OF is own creation. In this line
Of constitutional usurpation Of power on
the part Of our legislative department Of
government we may mention the elect
oral commission act OF congress rele-
eating powers and duties imposed by the
constitution upon 1t alone TO third
parties entirely unknown to the con-
/ stitution TO labuiate and count the vote
of the people Of the United States
I for president and ylce-presldent, and not
withdrawing the acts OF this tribunal
were as Illegal and unconstitutional as
rs own existence, yet no legal steps by
wTits OF quo warrantO or otherwise were
ever taken by any one to purge the coun-
Try Of this most glazing usurpation OF
power. 10 stands to-day rs precedent,
inviting SIN greater aggressions upon
the constitution aud the rights Of the peo-
pie under It, which have become Of al.
almost daily occurrence in congress, II
Warren Hastings and Lord Bacon could
l... la. m al ttVttYiip figp
/ England hy impeachment for their Official
crimes and misdemeanOrs, why ls II that
some Of our judicial officers and mem
bers OF the legislative and executive de-
partments Of government are not at least
lmpeached for their high crimes and mis-
d0meanors. Our own revised statutes,
bunglesome and incohefcnt as they are,
are the offspring Of RELOCATED power 10y
the Legislature 70 some third tribunal en-
tirely unknown to the constitution and
the laWmakng power OF the state,
Power grows with what 1t feeds upon,
aud the two great maXms of Jefferson,
'that government Is best which governs
least" and "cternal vigilance Is the price
OF liberty" seem To be entirely forgot
ten by ihe people aud their rulers.
The land board of Texas, as II Is
called and already mildly mentioned in our
last communication, themselves the crea-
lures OF this abomnable legislative rele-
gate.power, IL seems, has subdiyided its
own RELOCATED powers among fourth
tribunal which they designate as grass
commissioners, and how many other tri-
bunals these grass commissioners,
Judging 10y their reports, viii create must
be left to the fertile imaglnatlons OF our
renders, In their reports, reminding It's
in dictIon and phraseology more Of the
first attempt at composition writing OF
; some freshman ut college than any thing
= else, they claim unlimited powers, hay
ing their counterpart only IN some ukase
3 of the Car Russia, without once Incl.
D IDENTIFY Condesceuding to even notice the
/ constitution OF the state. But, perhaps
4 the saddest aud most alarming feature To
z. the rejecting mind connected with thu
usurpations OF this land board, whethei
of a legislative, executive or judicial ma
turc, Is that the citizen has remained
quiet and passive and made no attempt
TO test the legality under the constitution
II and recognized rules of legislation o
these glazing uSurpntions OF power tC
say nothing about the clearly palpabli
u illegallty and unconslltutonalty o
" the lease law itself in all IT
} features aud details, Is II becaus,
/ the citizen breads TO encounter TIT
:, modern methods of constitutions
~ construction and limitation SO proyalen
" with our higher courtsY We think W
II see, however, unless the signs OF the time
y. deceive MS, the gathering of the long pent
~ up wrath of the people, like Macbeth
VI weird sisters into fermentation an
Is motion that will sweep out of existenc
u the land board and their grass commits
I..N.. Lac.
or legally and constitutionally Let US 9
Y course assume:
W tits excellent
" To have Il giants strength, but Il Is tyranu
Ill To use II like giant
Z In England, where they have no write
" constitution, IL is all proper and we
:. enough to consider all governments
w questions primarily from the standpoil
W of public policy but in this countr
=, where we have written constitution
nv limiting and restricting the pov
w ors OF government within pr
~ scrlbed bounds, the hrst que
ne tlon primarily in connection with all legi
w latlon, cannot, In the very nature
w things be one of policy, public
Nv private, but must be- In the first plac
~ whether or not such legislation Is
NO perfect accord and harmony wi
Va the letter and spirit OF the constitutio
'"' II answered aillrmatlyely, then comes
properly the question OF public policy m
!. eNpedency ana all other collateral co
nv slderatlons; II negatively, then none
". these secondary and collateral questio
~ can be Invoked, because the constitute
outlaws the LEGISLATION itself, and
~ course all collateral questions arish
~, under II, howmuchsoeyer they may
W considered rs promotiye Of the public !
tereSts. And this IL the touch-stoue
all constitutional government for wit
ont IL, strictly and rigidly applied, the
can be no such thing as constitution
ads government except only in name a
form. We shall not, therefore, in I
~ discussion OF this lease law, assume [
ote ridiculous role Of the land board and IA,
~ grass commissioners, or even the leg
~, lature, which, IN an nnguardcd momei
'o'' gave It's sanction To the the0ry oi least
ow the public school and asylum lands
, q Texas by discussing the policy or imp
ON icy Of the law, or the adyanlal
us or disadvantages flowing from
rsy TO tb general welfare Althous
ing preternitting the ilegaily and i
or consttutlonality Of the law, /
way practical results lowing from Il as test
iile by amp experience concluslvely show
an, to be not only highly impolitlc but, as
en- ministered by the lnquieitorial nietho
ed. OF the Gland boardn and their "gr.
hen commissioners 10 be destructive Of |
Nd, best interests OF the state as we'll as ,
re- bauching and corrupting to the pub
,gN- stanpala