Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1893-03-02

N>Ac.OAA "a VIC Sbobc court, 91tof the law mac
oeen supposed to be settled for many years.
This had been the doctrine And the rule through
eighty years of our history. In 1853 the tide
turned It is curious to note the circumstances
! out OF which the revolution in judicial opinion
sprang. 1t was a bond case One Aspinwald
\ was the owner OF certain coupon bonds of Knox
county. Ind. upon which Judgment was obtained
| DeIofe the circuit court Of the United States
Tor that district. Failing to realize by execu-
tion. mandamus was issued to the commits
sioners OF Knox county, commanding them to
ieVy tax, under the laws of the state to pay
the Judgment. This was the first instance in
which federal court ever issued q writ Of man
damus to state ofdcer in the history OF this
government. Soon afterward came the case of
Gelpcke VS.. the City of Dubuque Wallace 175.
rms was an action founded on municipal bonds
issued In aid OF q railroad. The supreme court
OF Iowa held that the law under which the
bonds were issued was unconstitutional: but
the FEDERAL courts. overturning the old estab-
nsneo doctrine, complacently held that they
were not bound by and would not follow the de-
cis1on OF the state court, Interpreting it's own
constitution, and accordingly held the law con-
stitutional and the bonds valid. Justice Miller,
who rendered masterful dissenting opinion.
among other things said:
THE court has, in this case taken n stem in
advance OF anything heretofore decided by it
on this subject. That advance is in the direc-
tlon OF uSurpattOn of the right which belongs
to the state courts to decide as q finality upon
the construction of the state constitutions and
state statutes This invasion Is made in a case
Wnere there Is no pretenSe that the state con-
st1tutlon as thus construed. is any infraction
OF the laws or constitution of the United States
The next important step in what Justice Mill
Ter denom1nates this march Of judicial usurpa-
ton was taken in 1857, in the case Of Riggs vs.
johnson County, Wallace. 1866 This was the
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 were issued to be
unconstitutional. An Injunction had been is
sued by the state court and served on the
county commissioners, forbidding aud restrain
ing them from levying any tax to pay the bonds
Suits were brought on the bonds in
regarding the decision of the state
court held the law constitutional and
the bonds valid. To enforce the judgment
thus rendered mandamus was issued COM
handing the county commissioners to levy q
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, but
that they should obey the mandate Of the fed
eral court, although in doing so they rendered
themselves liable to attachment and punish
ment for contempt for violating the Injunction.
Again Justice Miller rendered an able and ex-
haustive dissenting opinion. in which he was
sustained by Chief-Justice Chase and Justice
Grier. 1t would te well If this great opinion OF
this great constitutional lawyer could be read
by every lover of liberty in the republic.
But can not pursue this history further, nor
Is there need that should. Step by step this
nsurpation OF power by the federal judiciary
has gone, until now we find that the judges OF
the county courts of Missouri are imprisoned
because they decline to obey an order which
commands them to do an act in violation of the
laws OF the state, declared by those laws to be
criminal act. and one which our supreme
court holds they have no authority to perform,
and 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.
listing only for the purpose of conducting the
machinery of local government. This is in and
of itself an absolute subverSion of all state
power and all pretense of state sovereignty.
And though it comes with the sanction of the
supreme court of the United States. I believe it
is likewise subversive of the constitution of the
country. In one of the cases to which I have
alluded. Justice Miller said:
with all the respect which have for this
court and for my brethren who differ with me,
1 take the liberty of saying it has no right to
lished rules in the belief however confidently
entertained that it is done in the cause of JUS
tice."
The division line between federal and state
powers ought not to be obscure. It is reasona-
bly, clear. AS late as 1870 the supreme court OF
the United States. in the case of Collector vs..
Day, II Wallace, 124, said:
THE general government and the state, al
though within the same territorial limits are
arately and independently of each other within
their respective spheres. The former in its ap-
Of the
or In the language of the tenth amendment, re-
served are as Independent of the federal gov
eminent as that government. in its sphere,
Independent of the states.''
That Is an old and correct constitutional doc
trine And yet, strange it may seem, the
very court making that declaration approves
and upholds the practice that would overtura
and destry the states If pushed to its logical ex
tremity, for under that practice every execu-
tive officer of the state, from the governor to
constable. and every judicial oficer from the
supreme judge to the justice of the peace may
be imprisoned if they refuse to violate their
oaths and the laws of the state by rendering
obedience to the mandate Of federal district
Judge.
But there is another phase OF this question,
Of immediate importance to the state. to which
1 wish to call attention. These county judges
are the judges OF court OF record. They not
only represent part of the judicial machinery
of the state having jurisdiction to issue writs
Of habeas corpus and Injunction. and over
multitude of important judicial matters, but
they also audit all accounts against the county,
draw all warrants on the treasury. distribute
and control the public school funds
revise the assessments OF property
for taxation, levy taxes for
county purposes, order the extension OF all
the most important and indispensable of all
our officers in the administration of county at
fairs and among the most important in the
administration Of state affairs. Under our
statutes they now exist, If, for any cause,
the county judges are unable to discharge
their duties. revenue can be provided for
the maintenance of the county governments,
the state will be greatly hindered and en-
barrassed in the collection of the revenue,
and the public eleemosynary, educational and
penal institutions will be deprived of funds
necessary to their support To imprison the
county judges Is to bring disaster upon the
state. The Imprisonment of the st. Clair coun-
ty judges is not an exceptional event in this
commonwealth. Scarcely q month has elapsed
since the judges Of the county court of Cass
county bore their st. Clair county brethren
1t is event which has occurred not infre-
quently in this state. In view of these facts to
which 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
ly to arise from the confinement OF the county
onacials. And in this behalf I would recon-
mend:
1. That the general assembly. by joint and
concurrent resolution, memorabilia congress to
so limit, by statutory enactment. the jurisdic-
tion of the feperal courts as to forbid them
from compelling any state o11cer by mnndamus
or other writ to perform any of1cial act arising
under. or authorized to be done by the laws Of
such state.
2. That the general assembly provide by Law
that whenever majority OF the judges Of any
county court shall from any cause be unable to
discharge any duty imposed upon them by law