The record-union., 1893-12-20
THE CERTIFICATES MUST ISSUE.

THE CERTIFICATES MUST ISSUE.
The Superior Court, Judge Catlin pre-
siding, yesterday decided that the refusal
of the City Trustees to declare the result
of the election of certain officers under
the new charter was not marked by that
willfulness which would justify the court
in imposing the penalties of fine and re-
moval from Office, since there was show
ing made supporting the plea that their
intention was simply to bring to judi
cial test the alleged invalidity of the new
charter.
But the court told the derelict officials
that they are simply ministerial officers.
and that it was their duty to have acted
at the time appointed by the law, and to
have declared the result, that the officials
elect might secure the certificates to
which they have been so long entitled.
By this decision and the admonition
that they should speedily act and repair
their error, the court by implication gave
it to be understood that the Trustees as
Board of Canvassers have no judicial
functions to perform. If a ministerial
officer, by refusal to do duty prescribed
by the law, may thus legally block the
wheels of government, it is possible for
free government to be overthrown by the
agents appointed to administer it and
condition of anarchy be brought on.
In fact, it is clear to whoever has a fair
idea of government by the people that
the refusal of ministerial officer to act
in such cases is nothing short of revolt,
is revolutionary and demoralizing and
usurpation of functions not lodged in
him. Of course, all understand that in
this case no intent to invade the liberties
of the people or thwart their will was
entertained-but the principle involved
was none the less assailed. and all such
assaults are dangerous, since they tend to
blunt the jealousy which ought to be
entertained by the people for the sacred
ness of their rights.
When in November the Trustees re-
fused to act in their ministerial capacity
the RECORD UNION said:
This morning these officers to-be will ap-
pear before the Trustees and demand their
certinca of election. The board should
issue them without further demur. 1t is not
judicial board, and has the one duty to per-
form OF obeying the directions of the law as
expressed in the new charter. 1t has nothing
whatever to do with consequences nor with
the Interpretation of the law as to whether
the new charter 1s valid document. The
charter is the expressed viii of the people. 1t
was ordered, framed, adopted and approved
in compliance with the Constitution and the
laws so far as the present Board of Trustees is
at all concerned in contemplating it. ALI the
presumptions must be in favor OF IL in their
eyes, and nothing be taken by them against
IL. Their simple and plain duty Is TO put it
into operation, unless withheld by court or
ders and in that case it is their duty, as the
servants and agents of the people. to use the
power OF the city TO defend the instrument.
The outcome of yesterdays proceed
ings in the Superior Court justify the
position then taken by the RECORD
UNION, and concerning the soundness of
which no one with a fair understanding
of the rights of the people and the laws,
could have entertained any doubt what
ever.
It is gratifying to know that the court
holds the Trustees to be free from will
fulness or corrupt intent in this matter,
and that these officials will now proceed
to do what they should have done the
second week in November. Their error
has been one of the head entirely.
It is said that some of the present Of
fice-holders will refuse to vacate when
the new charter goes into effect. That
will matter little; there is nothing for
them to vacate; their offices die by legal
Limitation; the charter under which they
hold dies, and becomes nought; they may
hold on to what they claim to be offices,
but it will be an effort like chasing
shadows. For nobody succeeds them.
The old official stations are not to be
merely vacant, they will cease to exist.
The charter that maintained life in them
will be legislative corpse and have no
vitality in it. The new offices are wholly
new. of new title. functions and obliga-
tons. and under supervision of an au-
thority new and unknown to the old con-
ditions.
In short, the people have had revolu-
ton, a peaceable one, such as all constitu-
kson-making is. They have erected an