The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-03-20
The Court and the Legislature.

The republican politicians who are 60
ing up and down the streets OF this town
prophesying that the supreme court, be-
cause all but one of its judges are repub-
licans, will decide unconstitutional all
the new laws which are not agree
able TO the republican party, evidently
have very low conception Of the charac-
ter of the judicial Office To the minds of
these politicians, it is just as reasonable
that court should be partisan, as that
a legislature should be; and it is
entirely legitimate and proper for Judge
to decide cases according to his party bias,
ignoring all other considerations. Thus
it has been said by well-known republic
ans in Indianapolis: "Our supreme judges
are all right; they will stick to the party
every time" and similar expressions may
be heard whenever a few politicians are
to be found discussing the several laws
which Gov. HovEY and Mayor DENNY
and other republican office-holders are re-
fusing to obey.
This is a serious matter-a very serious
matter, indeed The principal safeguard
of our institutions lies in the independ-
ence and integrity of our judiciary. Courts
in the United States exercise greater au-
thority than in any other country
on the earth. No court in England
can set aside law of parliament
or any part thereof. No court in
France has the power TO declare that an
enactment passed through the chambers,
promulgated by the president, and pub
lished in the BuYfip DIES LOIS, is null and
void. In Belgium the courts, theoretically.
have this power, but during the sixty
years Of Belgian independence no court
has ever ventured TO exercise 1t, and its
existence may be esteemed a legal fiction
like the veto power of the crown in En-
gland. So in all countries, save our own,
whether they have written constitutions
or not, the courts have no other power
than to interpret and enforce the enact
ments Of the law-making agency The
courts cannot pass upon the validity of
such enactments indeed, their validity
cannot be questioned.
authority that American courts possess,
and it is OF the utmost importance that
this authority be exercised with absolute
integrity, with perfect impartiality, with
entire freedom from partisan influences or
personal considerations. Judges are, of
course, but human, and are fallible like
the rest of mankind. But with an honest
purpose to do their exact duty, to keep
their minds as clear as possible of eXtran-
eous influences, and to render judgments
which will command public respect, they
are not liable to 60 far wrong. OF course,
men like WooDS will get on the bench !;
men upon whom the obligations of the
judicial oath sit lightly, and who have no
conscientious scruples about using the
machinery of justice for partisan pur-
poses But we are glad to believe that
such jurists as WOODS are not numerous,
and that our courts, as a rule, aim to do
their duty uprightly and faithfully, and to
preserve unimpaired the traditions which
have made the American bench, as well
by its vested functions as by the hold it
las OtbdAhfQ upOh pOtuidt tOLiAAChCC1
such mighty factor in our government
Now, this thing OF deciding an act of the
legislature unconstitutional is by no means
a trihing matter Flippant politicians
speak of it in light terms, but judges, as a
rule, take a more serious view OF it. The
principles upon which courts are gov
erned in such matters are well stated in a
recent decision by the New York court of
appeals:
In considering constitutional questions, GER
tain rules have been laid down by courts in
relation to the exercise of their conceded power
to declare void, being in violation OF the
constitution, enactments of the legislature
which have been passed with all due and
proper formalities Ii has been frequently
held, and is acknowledged by all courts as the
undcubted and true rule, that a statutory
tutional, and therefore void, unless a clear
and the constitution. Ii has been further
held that every presumption is in favor
of the constitutonslity of legislative acts
doubt before an act OF the legislature should be
declared unconstitutional that as to our state
constitution the question whether a statute is a
valid exercise of legislative power Is to be de-
termined solely by reference TO constitutional
restraints anil prohibitions that IL may not be
declared void because a court may deem il op-
property is held subject TO the general police