The morning call., 1892-02-25
NATIoSAL AND STATE.

The dissenting opinion OF Justice Field in
tte Boyd-Thayer case is leading TO some dis
ouss.1u in the Eastern press. Il viii be re-
. mem beIed that Boyd was elected Governor
Of Nebraska, but was forbidden By the
courts If that State to assume Office, on the
ground that he had never been properly
uatura zed and was not in fact a citizen Of
lie United States. The Supreme Court at
Washington to which tie case was appealed
reversed tie Nebraska court, and decided
that In p yd's case all the requirements of
tie naturalization laws had been fulfilled
and that BE was entitled TO fiji the Office TO
which he had been elected From that de-
cisi0u Justice Field disseuted, not on the
ground that BOYD was not a citizen, but on
tile ground hat the Supreme Court had no
jurisdiction Of The case. His contention was
that the General Government, Of which the
Supreme Court is a branch, has no right TO
interfere with the laws which q State may
enact for the conduct OF State business OF
for tie election Of State officers, or with the
INTERPRETATION which toe State courts may
place on those laws. The Judge laid down
TIE rIiUcIple that States are independent
political communities, and that the United
states SuTreme Court has no more power to
decide a disputed question over the Cover
nats.p.0f a State than foreign court would
have.
This doctrine may seem startling to advo-
Gates # Capitalization, bat it is in conform
i.y with the tenth amendment, which re-
serves 20 the States or the people thereof all
powers not expressly delegated to tile Gen
era Government And. as matter Of con-
venienCe, it is far better that State disputes
af Ia at cd ia ha al va
instead Of being referred 20 Washington
In ala matters in which the interests Of the
nation as nation are concerned it is proper
that the Federal court should exercise final
jurisdiction, but it is not fair to that court TO
incumbrr its docbets with controversies
which merely involve State interests, and
which State courts ought to be able to de-
eide without outside help.
It has been too much the fashion Of late
years 10 cal upon the Supreme Court at
Washington to interpret State constitutions.
We have had one CT two instances Of such
appeals from courts in this State, and it is
pretty generally admitted that the interests
If justice would have been promoted if no
such appeals could lave been taken. 1t is
the duty Of he United States TO see that
every State has a republican form Of gov
conflict with the Federal constitution, but
there the duty Of the nation ends, 50 far IS
State constitutions are concerned. State
courts ought TO be aole to interpret their
own constitution and to decide what The
people meant when they ratified it.
The New York sun points out an incon-
venience which viii arise if the doctrine Of
the Supreme Court in the Boyd case stands
Cd 4 - 10 In NJ VoVi =
an amendment to the State constitution is
proposed providing that contested elections
20 seats in the Legislature shall hereafter be
referred to the courts and not TO committees
Of the Legislature. The present practice is
n legacy Of the times when judges were
the creatures Of the king aud could not be
trusted by Parliament; it is not reconcila-
bic with sound political science. But if a
contested election, let MS say in this State,
should 20 before the Superior Court and be
taken on appeal from that tribunal to the
Supreme Court would not further appeal lie
TO the Supreme Court at Washington and
II it did what mass Of foreign business
would be forced upon the latter body for
transaction
As the country grows controversies must
increase in number, and the danger that the
Supreme Court will be swamped by the voi-
ume Of business which viii go before it will
become serious. As 1t is at present it takes
years to get decision from that body. II
every State has the right to require it TO
pass upon each disputed section Of its con-
stltution the number Of Judges might be
doubled or trebed, and yet the wheels of
justice would 1eYolye so slowly as to wear
out public patience. There Is a class Of
cases which must be submitted to the SUI
pTeme Court, for there is 10 other place for
&hsm 10 20: BIT controversies which merely