The herald., 1894-04-06
NEl .G.IWlU
.'-i-.fls-Asis 49, II 9 islssssr=
FRIDAY. APRIL q. tso4.
FRIDAY. APRIL 6. 1894.
THE coNsrlrUrIoNALIrY OF OUR LAWS.

THE CoNsrIrUTIoNALITY OF OUR LAWS.
The recent disturbances in South Car
olina afford a striking example of a Sc
rious defect in our system of laws. Any
system of Jurisprudence under which
not only the people but also the officers
of the law are unable to decide whether
what purports to be law is q law or
not is evidently at fault. Yet we nave
just such a system OF Jurisprudence.
No law has ever been passed by any
state legislature or by congress to which
there has not been attached at least
some degree OF doubt as to its binding
force. Until the courts have declared a
law constitutional, we can never be
quite certain that it is good law. In
many cases the doubt as to the laws
constitutionality is so slight as to be
altogether unimportsnt; in other cases
it is 30 strong as to be productive of the
most serious results. The unfortunate
clash between the state authorities and
the citizens of South Carolina last week,
resulting in the killing of a number of
men, 10 case ID point.
1t seems from the reports in the tele-
graphic accounts that the legislature of
the state, in order to better enforce its
new and somewhat novel liquor law,
passed bill giving certain officers the
right to search private residences for
contrabsnd liquor. Certain influential
newspapers have claimed that-thiA-
method OF entering a mans private
house, which in law is his 'castle," is
unconstitutional, and have urged the
people Of the state to resist it's enforce
ment. Acting upon this advice (snd
that a Reasonable doubt of the laws
constitutionality, exists is evident from
Governor Tfllman's rstatement to the
New York Herald) the people of Dar-
lington became enraged at the liquor
spies and other officers of the law, and
the unfortunate shooting affair took
place. The courts have still to pass
upon the law.
1t is possible that they may declare it
unconstitutional, and in that case we
shall have the distressing sight OF a
irreparable sorrow brought to a number
of homes, and all the evil influences
that arise from clash between the peo-
pie and the officers of the law, set in mo-
ton because nobody knew and nobody
could know what was law and what was
not law.
Probably no other country has such a
dangerous and unnecessary source OF
weakness in it's system of laws. In Eng
land. for example, there is no written
constitution, and an act of parliament,
though it violate every precedent in the
kingdom, is the law of the land. We OF
this country prefer to live under writ
ten constitution. We have one that we
love and are proud Of and have no
thought OF abolishing it, but some way
must be found to abolish that danger
Gus period of uncertainty which attaches
itself to every law from the time it is
passed until tine courts act upon it,
Within the last twelve months this
illogical and anomalous state OF exist
ence through which all our laws must
duty by Che president in suspending the
Geary law, and in the killing of citizens
and officers OF the law in South Carolina
and what still more serious results may
come some day no man can tell.
What can be done? MsnifesJly the
conetitutiouality of a 1aw must b'
determined before it goes into effect
In the case of the national government
this could be accomplished by haviui
the attorney-genera have g epecia
deputy; or congress could provide 70
some altogether special officer. who's
duty it should be, Immediately upol
the passage OF an act by congress an,
before its going into effect, to submit
to the supreme court statement of al
the possible objections to the consttu
tionality OF the act that he can think oil
with his reasons and authorities there
for, the same as in a regular lawyer
brief. To insure decision of the coul
upon all phases of the law's conatitu
tionalty that any one ia interested il
any citizen should have right to sui
NIT at the came time. through h
lawyer, his grounds of objection. TIL
supreme court must then, with tb
least possible delay, render it's decision
not indeed upon the constitationality
the law in all its parts, for no livin
man can foresee ali the peculiar que
tione that may arise under it, bl
upon the constitutionality Of the law {
attacked in the objections brougl
hafore the court, and this decisic
would be final 80 far as these objection
are concerned, and if the officer Ell
trusted with preparing these objection