Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-09-24

10 seaiEe aut protect the political rIgl I,
aud liberties 0f the people, refuse 10 ia.
terpo@e ln tiielr behalf must thos-
rights and liberties be- forever los
II they prove fairhless ~ their truS-.
cannot tIe people somewhere and go
saue way invoke sufficient anthony
- preserve their rights and liberties
Is thls court whom they have clothed
lu Tile constitution with such amfle pre-
rogauge powers after aH D5werless 81
such case ~ Intervene Tor their prytes-
uMs Must Go SD quietly by and -
their most sacred rights ana liberties
20 down iu ore genera wreck. because
for41oyh a public officer, charged with
( the duty " protecting them, Hegiects.
nay. purpgsely refuses to discharge
that duty we think not We are con.
/ Hdenr such j. not the law. We know
7 this court IS NOT thus efuasculatesl II AL
/ power 10 preserve the state in such
case from threatened destruction. r p
/ fus8l % discharge official duty works
no such serious disaster
I The attorney generals refusal RE-
moves only him. not the state from the
case nor the case from the court The
state, representing the whole people
tiH happily proceeds 70 Judgment, and
I ID, whereabouts Of the attorney general
ceases 10 be Of amy consequence. He
may Il he choose, bring and measulablr
4 control the action; but if he elects not
20. the action is not stopped, nor an the
( protective energies Of the people par
alyzed but the suit continues right
along and the court VIII take watchfm
care 10 see that the state is properly REP.
resented and the rights and liberties
" the people fully protected, 50 that no
[ harm come ~ the republic
The rule that the prerOgauve powers
Of the court iu the exercise Of It's origi-
nal jurisdiction are 10 be invoked in
/ the first instance only through the a.
tOruey general, is q just and REASONABLE.
one. II III the attempted application OF
rhis s3lutary rule. said Col Bird the ar
( tOucy general. or any other publ
| fmctimafy dressed I'm "A little brinf
authority, secs iit 10 interpOse his puug
form athwart the stately march Of tbc
| people hc VIII surely and descrvedly
fan beneath the steady tread Of tn
advancing millions. He cannot even
turn much less stop their march. bu
/ the imposing column viii continue -
the full and successful Accomplishment
Of its purpose
Col Bird quoted freely from tn
Michigan decision and then said. Iu
the Michigan case the mere apprehcm-
sion that the attorney general woud
refuse 10 commence the action If APP
plicatiou therefor were made 10 hin.
was held sufficient not only 10 excuse
such application but 20 give the private
citizen such standing ia court as cnaD-
led the state upon his relation 10 COM
mnuee and prosecute the suit 10 ud--
meni lu the case at bar we have his
absolute refusal aud do not rest simply
upon the mere apprehension that le
might refuse if applied 10. How much
stronger therefore is the rasfou foy
doing here what the court So appro-
priatply did here and said they had no.
ways done, to-wit swept away tech
uiuliies where public interests ara u-
roIyed ami prompt action is necessary
Where the attorney general is hostile
10 the proceeding or disposed % 1bsuurI
TO- hjs acts win not be- permitted io ue-
feat the action That such IS his at
iude here brief statement of bis
connection with the case rs il appears
81 record viii suffice 10 show
The constitution creates the office,
and rcquiies the legislature 10 pre-
scribe the powers and duties Of tho
attorney general Pursuant to this au-
thority, the legislature enacted section
1873 r. s. prescribing his duties, the
very first of which is i'm this language.
III shall be the duty of the attorney
general TO appear for the state and to
prosecute or defend MI actions and pro
cecdings civil or criminal. i'm the su.
prcmc court in which the state shall
be interested or party" His official
! bond is Conditioned for the faithful
performance Of his duties as attorney
general" and his official oath further
| solcmuly ohli-atcs him thereto
This court and others Of the highest
/ responsibility Ind already hold that
/ This very action was one in which the
] state Is Interested ana uttpll sos ana
here IL is also "a party by leave of court.
/ suit could not be- brought more closely
affecting il, most important interest
and the interest Of an it's citizens; for it
is brought to protect its sovereignty,
| franchises ana prerogatiyes and tle
| RICH and liberties Of its citizens Most
assucdly the constitution, the statute,
/ his official oath ana bond require the
attorney general, in the faithful dis
charge Of his duties to appear here and
/ prosecute this action In behalf of the
state and forward it 70 speedy judy
mcnt And it needed not the order OF
| the court Of August 9th 90 admouiSh
him Of that duty But what did he
do insteadl Let the record of this
court. not me, answer.
The petition requesting him to move
here August 9th for leave TO bring the
action was delivered 10 him August list
Its very nature certified to him the
/ pressing necessity fer immediate action.