The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-03

exclusively placed within the executive
power aud discretion by the constitution,
places the act Of adjournment beyond the
jurisdictional right of your honors to re-
view for any purpose whatsoever.
Numberess authorities might be cited
in this connection, for the question is
old.
There is a line OF cases which appear to
hold that the action of the executive Is
RENEWABLE where the performance OF
such ac is are ministerial duties, simply.
This class Of cases, however, comedies the
rule to be that the performance by the
executive of duties imposed by law which
are discretionary in their character can
not be reviewed by the judicial depart
ment of the government. IL will hardly
be contended that the adjournment OF
the gene raj assembly by the governor
as set f.rsh In this record was the per-
formance OF a ministerial duty. the power
and the duty both being imposed by the
constitution itself. making 1t absolutely
the act of the executive.
State of Georgia VS. Edwin NJ. Stanton.
Ulysses S. Grant and John Pope, and
State of Mississippi vs.. Edwin nj. Stan
ton. Ulysses S. Grant, L. G. c. Ord, re-
ported in the 9th Of Wallace, 72l, Is an
authority strongly in point.
This was a bill in equity filed in the
supreme court OF the United States, ask
ing that court to take jurisdiction against
tho secretary Of war. the general OF the
army, and Major General Pope. asking
that the defendants be restrained
from issuing various orders, and
from administering or causing to
be administered within those
states, certain oaths, and from causing
TO be held certain elections, end from
causing to be held any convention, ETC..
under the acts Of congress of the second
OF March, 1867, entitled, "An act to pro-
vide for the more efficient government of
the rebel states" and an act supplement
tary thereto as stated in the opinion.
The bill was dismissed in an opinion
by Mr.. Justice Nelson for want of juris-
diction in the court to determine the
questions involved. The position taken
by the counsel for the United States was.
that the court had no jurisdiction for the
reason that the bill attempted practi-
cally to interfere with or to restrain the
authority Of the executive OF the United
States.
The Principle Strongly stated.
At the outset Mr.. Black in support Of
the jurisdiction under the first point In
the brief, states as follows: "We admit
that this court has no authority to con-
troll the action OF the Legislative and exc
cutive departments, nor TO require either
of them, by any direct mandate, to keep
within the limits of the law. No matter
how clear H. may seem to the judges that
an act OF congress has been passed which
violates the constitution. such act does
not, OF itself, afford any ground Of ap-
peal TO this court"
Mr.. Justice Nelson delivering the opin-
ion of the court, says: 1t is claimed
that the court has no jurisdiction either
over the subject matter set forth in the
bill, or over the parties defendants"
And, In support Of tho first ground, IL is
urged that the matters involved and pre-
sented for adjudication, are political. and
not judicial, and, therefore, not the sub
ject of judicial cognizance.
This distinction results from the. organi-
zation OF the government into three
grand deDartmen =, executive, legislative
and judicial, and from the assignment
and limitation OF the powers Of each by
the constitution.
The distinction between judicial and
political power is so generally acknow-
lodged in the Jurisprudence both OF
England and this c,untry. that we need
do no more than refer TO some of tine
authorities on the subject. They are all
In one direction. 81. ....
The Conclusion.
IL the doctrine herein contended for is
correct, and the governor had the consti-
tutional right to adjourn the general as
sembly. 1t necessarily follows that, at the
time when said resolution was submitted
to your honors. there was no house of
representatives. legally In existence,
c,pable OF submitting questions under
section 3, OF article Y. of the constitu-
tion.
1t is respectfully submitted upon
principle, and upon authority. that your
honors are without the constitutional
right to pass upon the act of the governor
In adjourning the general assembly as
set forth In this rec ,rd. or to advise ose
branch OF the governm,ns how either of
the OF er branches thereof shall exercise
their constitutional dutiea