The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1888-03-30
THE JUDICIARY BILL VS.. OoNgTI-
TUITION.

The Judiciary bill re-districting
the State aud decreasing tho mum
her OF judges was the economic
measure of the recent Legislature.
With all the talk about economy,
it was about the only one worth
mention of as such. A few day $
ago several of the Judges of the
State met at jackson to determine
what course to pursue, and deter
mined to test the constitutiOnality
of the act referred to. Several of
the Judges have been ouSted by
the act of their constitutional term.
The same thing was attempted in
the State of Pennsylvania, in 1869,
and declared unconstitutional. 1t
was also attempted in Illinois, Ken
lucky, Wisconsin aud other States,
aud always declared u%ncOnStitu-
tiOnal. New York goes so far as to
declare that the constitutional term
cannot be heightened by the Legis-
lature. In the case of FAINT VS..
Gibbs some years ago, the Supreme
Court of.this State fell squarely in
liue, aud held that the District
Attorney could not be ousted by
the Legislature during his term,
either by taking his salary or his
district away from him. Hence,
there is no doubt about the judi.
ciary act being unconstitutional so
far as ii has the effect of Ousting
those Judges whose terms have not
expired, and being void in part it
is void altogether. So goes the
whole scheme, if tested.
Now, the question will be asked,
will the ousted Judges have the
temerity TO disregard the wishes
of the people and coutestf In our
opinion, not only the outs, but the
ms also will, and by right, ought to
contest it. The judiciary, as a CO.
ordinate branch of the government,
is the weakest of the three branches
in facilities of self-prOtectiOn.
Hence, it is protected by the Con-
stitutiOn from legislative interior
ence.
Judge Thompson, in the case Of
Judge Gamble, of Pennsylvania,
exactly parallel with this, said {:
"An independent judiciary must
ever be a cardinal principle OF con-
stitutional government. 1t was
adopted in forming the Federal
Constitution, both in regard to the
express tenure of the Office, and in
providing a fixed compensation,
undiminishablc during the continu-
aDce of the Office. And so in every
State in the Union this independ-
ence is secured, during the tenure
OF the Office, by constitutional pro-
visions, and Judges are made secure
from interference from any quarter,
with the exercise of their jurisdic.
ton and powers, excepting in the
modes prescribed in the several
Constitutions. These provisions
we're not tue result of a wise phil
osophy, or far-seeing policy, mere
ly. They resulted, rather, from Sc
we're trials - experience - in the
country from which We have large.
~ derived our laws aud many of
our principles of liberty. History
has preserved numerous melan-
chOly examples of the want of a
judiciary Independent by law, be-
fore 1t was accomplished in Eng
land.n
1t is by no means a question of
propriety. If the law is, in its in-
ceptiOn void, there should be no
concessions made simply to allow
the judicial machinery to proceed
with Its operations under it. Such
a course would be foolish and un-
wise. Consent of the Judges would
not make the law valid so long as
it wants the sanction OF the Con.
stitution.
Oh, that beautiful congregation
of s%olons, and that sleeping veto
power. But the latter sleeps its
last sleep in Office.
GULFPORT is about petered out,
and tho lots hon0ht and naVmPnt