The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1893-03-04

$3.50 FShe A@-hNNA Vss 49,
the federal courts. everturning the old cstab.
lished doctrine. conplHcently held that they
were not bound by and would not follow the do
eision Of the state court, Interpreting its own
constitution, and accordingly held the law con-
stitutional and the bonds valid. Justice Miller,
who rendered q nas;erful dissenting opinion,
among other things said:
THE court has. in this case. taken n step in
advance of anything heretofore decided ny it
bn this subject. That advance il in the direc-
ton Of n usufpatiun OF The right which belongs
10 the state courts TO decide as n iinality upon
the construction of the state constitutions and
state statutes. This invasion is made in a caso
where there Is no pretense that the state Goa
stltutipn, as thus construed. is any intractiOa
ofthe laws or constitution Of the United States"
The next important step In what Justice NIL
Ter denominates this march Of judicial usurpa-
tion was taken in 1861. in the case OF Rigs vs.
johnson County. 6 Wallace. 100. This was tho
greatest stride of all up TO that date. johnson
county. Ia. had issued bonds in aid of a rail-
road. The supreme court of the state held the
law under which the bonds We're issued TO he
Unconstitutional An Injunction had lecn is
sued by the state court and served on the
county commissioners. forFidding aud restrain
Inc them from levying any tax to pay the bonds.
Suits were brought on the bonds in
the federal lcourt. and that court, dis
regarding the decision of the state
court, held the law constitutional and
the bonds valid. To enforce the Judgment
thus rendered q mardamus was issued CON-
manding the county commissioner to levy 6
tax, Notwithstanding the Injunction resting up
on them from the state court. The United
States supreme court held that the injunction
was no protection TO the commissioners. hut
that they should obey the mandate Of the fed
eral court, although in doing 50 they rendered
themselves liable to attachment and punish
ment for contempt for violating the Injunction.
Again Justice Miller rendered an ahh. and cx-
haustive dissenting opinion. In which he was
sustained 10y chief ,Iustice Chase and Justice
Gricr. II would lie well il this great opinion of
this great constitutional lawyer could lie read
by every lover OF liberty in the republic.
But l can not pursue this history further. Tcr
Ia there need that ! should. Step ly step this
rsurpation of power ty the federal Judiciary
has gone. until now We find that the judges Of
the county courts of Missouri are imprisoned
because they decline 10 OBEY I'm order which
commands them to do an act in violation Of the
laws of the state. declared by those laws to rc
a criminal act. and tine which orr supreme
court holds they have no authority TO perform.
md the doing OF which would subject them to
heavy fines and penalties. And these are the
purely Local officers of the state. holding their
offices solely by the authority Of the state. ex-
listing only for tho purpose Of conducting the
machinery OF local government. This is in and
" ANT'AA -" A''Ah-hS @-+' ~ ~ tAA GAlA
power and nil p~reterse Of state sovereignty.
And though it comes with the sanction of tho
supreme court of the United States. | lelicve il
Is likewise subverSivc OF the constitution of tho
country. In one of the cases To which | have
alluded. Justice Miller said:
With all the respect which I have for this
court and for my brethren who differ with me
| take the liberty of saving it has no right To
set aside all precedent and disrc .arled cStap-
lishcd rules in the tclicf. however. confidently
entertained that it is done in the cause of JUS
tice."
The division line between federal and state
powers ought not to he obscure. II Is rcasona-
bly, clear. As late as iS7g tho supreme court Of
the United States. in the case of Collector vs..
Day, II Wallace. III. said:
THE general government and the state. al
though within the same territorial limits. are
separate and distinct sovcreignties. acting sep
arately and Independently of each other within
their respective sphrrrS. The former in its an
Tro;ria.H sphere is supreme: hut the states
within the limits of their powers not granted.
or in the langua ,e OF thu tenth amendment. re-
served. are as Independent of the federal GOV
ernmcnt AZ that government. in its sphere. is
independent of the states"
That is an old and correct constitutional doc
trinc. And yet. strange rs it may seem. the
very court maxim: that declaration approves
and upho!ds the practice tina, would o~verturn
and destrv the states If pushed to its logical ex-
tremity. for under that rra ticc every cXccu-
tive officer Of the state. from tbr governor TO
constable. and every judicial of 'cr from tn
supreme judge 10 the justi c Of the pea q. may
he imprisoned If they refuse 10 violate their
oaIhs and the laws Of the state ly rcnlcria.
obedience to III" mandate Of a federal District
Judge.
But there is another phase of this question. |
of immediate importance 10 the state. to which
l wish 10 call attention. Thcsc county judges
are the Judges of a court OF record. They not
only represent Z part of Tho i~Gtiicial ma, hiR"rr
of the state. having jurisdiction TO Issue wrirs
OF hateas corpus and inidn,fion. AMI over Il
multitude of important jadicial matters. hut
they also audit all accounts against The county, |
draw nll warrants on the treasury. distribute
and control the public s.hool funds.
the assessments of property
for taxation. levy taxes fol
county purposes. order the extension OF al
taxes on tn" collectors o"fs.aHd. in short. ar"
the most important and indiap2Isa'l" of all
our officers in the administrator of cCun'y af-
fairs, aad among tn" most important in The
administration of state affairs. Under or
statutes as thcv NOW exist. if. fer any cause. |
the county judges are unable TO diS:harrc !
their duties. 10 revenue can lie provided fer |
the maintenance of the county governments, |
the state will lie greatly hinGerrd and en-
in the collection Of tn" revenue, |
and the public cleCmUSynary. educational ana |
itild llStllulillN Will " tNisiNNl W Altil'lN |
to their support. To imprison the
county judges is 10 bring disaster upon the
state. The Imprisonment Of the II. Clair COun-
ty Judges Is not an exceptional event in this
commonwealth. Scarcely Il month has elapsed
since the judges Of the county court Of C.ss
lore their st. Clair county brethren
company in the same criminal cells.
1t is an event which has occurred not infrc-
quently in this state. In view of thes" facts to
| have the honor TO call your attention.
and in view of the gravity OF the situation.
urgently recommend to the gentlemen of the
general assembly that they take some suitable |
action. first. to assert the OUTRAGED dignity of
the state. and. secondly. to protect the state
and counties against the emharraSSmcntS like
" to arise from the coaiincm mt OF the county
And in this behalf l would recon-
mend:
I. That the general assembly, Ey joint and
concurrent resolution, memorabilia congress to
so limit, ly statutory enactment. the iUriSdic
ton of the feperal courts as 10 forbid thcpl
from compelling any state ofiiccr by mandamJs
Or other writ 10 perform any official act arising
under. or authorized to be done 10y the laws OF
such state.
z. That the general assembly provide h. law
hat whenever a majority Of the Judges OF any
county court shall from any cause be unable TO
discharge any duty imposed upon them by law.
the governor may designate and appoint a spe-
ciaI judge. and commission him with special
authority to do any given act required TO lie
lone, by the express provisions Of the statutes,
by the county court: and providing that such
,ppcintee, after accepting the commission. shall
July qualify in such manner as may lie fixed
by the law; his commission. power and author
ty to cease upon the completion of the special
purpose for which he may he appointed. In
his way the business OF the counties and the
state can he carried on without subjccting the
officer charged with public duty to arbitrary
Imprisonment. This coarse can he justified
before an enlightened. patriotic public opinion
As n necessity to the maintenance and prescrya-
Of our local government.
The unusual difficulty and Importance Of this
grave question is my apology for the length of
communication W. J. STONE.
CHANGES OF STYLE.