The state republican. (Jefferson City, Mo.) 1871-1896, 1893-03-02
NUMBER II.

been supposed 10 he settled for many years.
THIS had been The doctrine and the rule through
eighty years n our history. In 1869 the tide
turned II is curious 10 note tho circumstances
out u which the revolution In judicial opinion
sprung 1t was bond case. one Aspinwnld
was no owner Of certain coupon bonds OF Knox
tfntS ma, ppon which judgment was obtained
b"f"3" tfAc circuit court OF the United States
Tor tnnt district. Failing TO realize by eIecu'
tion, Il mandai'us WIS issued to the cdfnsais.
e'on"ts n Knox county, commanding them 10
levy Tax, uhder the Jaws of the state to pay
the Judgment TINS was the first instance In
which a federal court ever ssied writ Of man
aFrnus to a state ofllcer III the history Of this
PovefHbhnt. Soon afterward csme the case Of
Gclpcke vs. No City OF Dubuque, Wallace. iT'.
This was AN action founded on municipal bonds
issued in aid OF railroad The supreme court
OF Iowa held that the law under which the
bonds were issued Was unconstitutional. pre
Sc itd7ral courts oycrturning the old eetab1
i'sfirS s-otrinc, yuni,uo-ntiS nviu t''n, on-5-
were hM hftird by and would not follow the de-
cfsidn III the sSste court. interpreting its own
constitution, and accordingly held the law con-
sti,u''bnai and the bonds vai,d. Justice Miller,
who rcnG~+ed q masterful dissenting opinion,
among other tii'"ss sid:
The court has in !D's case. taken o step in
advance OF anything htrttSlott decided by 10
n Ms subject That advance ~ me direc-
iiHn ~ usurpntion OF the right wHlCn belongs
to the STATE cihItts 10 decide us u iiiclty upon
the construction. * the state CONSTITUTIONS and
where there is no prctensc thst the state coh-'
situton. as thus construed is sry infraction
oithc laws or constitution OF United states
Inc next important step in what Justice NH
Ter deuominates this march OF judicial hs,lfps'
tion wes taken in 1907 in the case OF Rigs VS.
johnson County. Wallace. 166 This was fbe
greatest stride Of al up 10 that date. Johnson
COUNTY Ia had ISSUED bonds in aid Of rail
f"rfi. lhc Nlpreme court N the state held the
law unfCt which fe bonds we're issued 10 be
nm Ay. Epiu f-sfd To-
sued ~ the state court and served on tho
, county commissioners, forhidaing aud restruiD-
ing 'hcm from levying any tax 10 pay the bonds.
Suits We're brought on the hopds in
tic federal lcOurt, and that court. dis.
rcsstd'ng The decision Of the state
court, fSid the law constitutional and
the londS valid. To enforce the Judgment
thus rendered mdtdHnus was issied com
mandng the county commissioners to levy
tax, Notwithstanding the injunction resting up
On thcm from the state court. The United
States supreme court held that the fDjbnctoD
was M protection TO the commissioners, bus
thai 't'tv should ubrs the mandate of the fed
| cral cOuti although in doing 80 they rendered
themselves l'Ghir TO attachment and punish
ment for contempt fDr violating the Injunction.
Again Justice Miller reilisrsd IN able and ex-
E@ustive dissenting opinion, In which he was
sustalmt6 ly Chief-Justicc Chase bbd Justice
Grcr. 1t W0mH re well II this great opinion Of
this great constitutional lawyer could be read
by every lover OF liberty IN thc republic.
But can not pursue this history further, nor
Is there need that / should. step by step this
usurpnton Of power 10y the federal judiciary
| has gone. until now we find that the Judges OF
! the county courts OF Missouri imprisoned
| hcctuse tEcy decline 10 obey an order which
commahd- them 10 do an oct in violation OF the
| laws Of the state dfctarcd hy those laws to be
a criminal act and one which our supreme
court holds they have no authority 10 perform.
| and the doing Of which would sUbjsct them to
| heavy fines and penalties. And there are tho
| pufdiy local officers of the state. holding heir
offices solely by tho authority of the state, rx~
| istng only for the purpose OF conducting tho
! machinery OF local government. This is in and
| Of itself an absolute subvefsioD OF oil state
power and all pretcnse of state sovereignty
| And though 1t comes with the sanction OF the
supreme c0ur, Of the United States. believe 10
| is likewise stlhFer4ve OF the constitution Of the
| country. In one Of the cnrcs TO which l hnNo
j alluded Justice Miller said.
1 with all the respect which have for this
| court and for nv brethren who offer with me-
! take the liberty OF saying 1t has no right TO
| sci aside all precedent and disreRardsd esthb-
| lisllcd rules IN the belief. however. conndently
| entertained That 1t is done in the cause OF JUS
| tiCc."
The division line between federal and state
powers ought not to he obscure, II IL reasona-
bly, clear As late as 1870 the supreme court OF
| the United States, in the case of Collector vs.
| Dag. II Wallace, 1"i said:
| THE general government anu the state, ~
| though within the same territorial limits are
| separate and distinc, -nvercignties. acting sep
| arately and Independently Of each other within
| their respective spheres. The former In its ap'
propriate sphere is supreme: but the states
| within the limits of their powers not granted,
| or in the language OF the tenth amendment, re-
| served are as independent of the federal gov
| ernmcnt as that government, in its sphere. "
| Independent OF the states
| That is an old and correct constitutional doc
trine. And vet strange as II may seem. the
ft..r.
and uphods the practice that would overturn
and dcstry the states II pushed to its logical ex-
| trcmity. for under that practice every exccu'
| tive ofIlccr OF the state, from the governor to
| constable, and every judicial officer from the
| supreme Judge TO the justice of the peace. may
| he imprisoned u they refuse to violate their
| ouths aud the luws Of the state by rendering
obedience to the mandate Of o federal district
| Judge.
But there is another phase Of this question,
| Of immediate Importance to the state. 10 which
| / wish to call attention. These county judge
are the judges OF court of record, They no'
only represent a part Of the judicial machinery
| of the Stntc having Jurisdiction TO issue wrt
Of hatcaS corpus and injunction, and over u
multitude Of important judicial matters, hut
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
taxes on the collectors books sand. In short, are
the most important and Indispensable OF all
| our officers in the administration OF county af.
| fairs and among the most important In the
| administration of state affairs. Under our
statutes as they now exist, IT, for any cause.
the county judges are unable to discharge
their duties no revenue can be provided for
| the maintenance OF the county governments,
the state will be greatly hndered and EN-.
hnrrassed in the collection OF the revenue,
and the public eleemosynary, educational and
penal institutions will he 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 a month has elapsed
: since the judges OF the county court Of Cass
county bore their st. Clair county brethren
| company In the same criminal cells.
It is an event which has occurred not infre-
| uuently 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
and counties against the embarrassments like
| ly to arise from the confinement OF the county
officials And in this behalf would recon-
mend:
/. That the general assembly, by joint and
| concurrent resolution, memorialize congress to
so limit by statutory enactment, the jurisdic-
, tion Of the feperal courts ~ TO forbid them
from compelling any state officer by mandamus
or other writ to perform any oficial act arising
under or authorized TO be done by the laws Of
such state.
! o That the general assembly provide by law
: that whenever majority OF the judges OF any
. county court shall from any cause be unable to
l discharge any duty imposed upon them by law,
, the governor may designate and appoint spe'
cal Judge. and commission him with special
Z authority to do any given act required to be
done, by the express provisions OF the statutes
. | by the county court; and providing that such
I appontee after accepting the commission, shal
y duly qualify in such manner as may be fixed
. | by the law hts commission, power and author
= | ity to cease upon the completion OF the specia
r purpose for which he may bo appointed II
y | this way the business OF the counties and tn,
+ state can 10 carried on without subjecting tn,