The state herald., 1894-10-26
HOW THE COURT SUSTAINED
HIM.

/ governor WHlt0 ID loudly phr0OlnS
over the state at the head Of his cam.
paign procession, reclting his great
deeds as the chief executive Of the state
and claiming that In what he has done
the court has sustained him. He es-
pecially makes this claim whenever he
refers to the case Of Orr and Martin.
last spring, when he set out to fire them
out OF the city hall with the artillery
Of the state. The people will be bet
ter and more reliably informed as to
how the court sustained governor
Waite in that particular case by read.
ing the decision ms rendered by Judge
Goddard, which may be found In the
rhirty-slxth Pacific Reporter, pages
234-242. But fore-seeing that few of
the masses Of the people will be able
to secure copy Of that collection of
court decisions. we quote herewith the
words Of Judge Goddard, which apply
especially to the conduct of the COVER
nor In that particular case. Judge
Goddard says:
Eve are clearly of the opinion that
the governor Is greatly In error In as
Stunning that IT devolves upon him to
enforce his order Of removal. His COLI
stltutional oath to take care that the
laws be faithfully executed, imposes
no such obligation upon him. His duty
and responsibility cease upon the max
Ing Of the order Of appointment, and
any attempt on his part to personally
enforce such order or install his ap-
pointee Is beyond any express or I'm
piled duty or power Imposed or con-
ferred upon him by constitution or stat
ute.' The police, fire and excise COM
missioners, though appointed by the
governor, are not charged with duties
pertaining to the chief executive de-
partment Of the state. They are mu.
nicipal officers, the same rs the mayor
and other officers Of the city elected by
the people. We are unable to see how
| the governor Is charged with the duty
of seating member OF the fire and
police board any more than he u
charged with the duty Of seating any
municipal officer elected by the people.
VIII 1t be contended that II Is the duty
Of the chief executive of the state to
sary, every county, precinct or muui-
cipal officer whom he may deem en-
titled to such office, In advance OF the
determination Of any controversy that
may arise concerning such office? A
NJ VIII uuuEeT W
every principle Of free government cali.
not for moment be entertained; and,
II such power cannot be lowfully exer.
cised by the governor acting in his civil
capacity, fortiorl, IL the use OF mill.
tary force to that end by him as CON.
mander.in-chief unauthorized.
1.-THE constitution expressly provides
tsection %, Bill Of Rights that the mil.
to ella nj 1,a In, atrt.,
dination to the civil power. The gov
ernor's warrant, rs commander.in-chief
to call out the militia OF the state, is
found in section o, article Of the con-
stitution, which reads rs follows: The
governor shall be commander-in-chief
of the military forces of the state.
He shall have power TO call out the
militia to execute the laws. to suppress
Instruction or repel invasion. There
can be no pretense that the conduct OF
Orr and Martin constitutes the insur.
rection contemplated In the foregoing
provision. and therefore the call must
have been based upon the ground TINT
the militia We're needed to execute the
laws. We repeat that by no rule of
construction can the power and duly
imposed upon the governor to execute
iht ihNss pt htiu " tDt
chile Induction OF an appointee into
office. In this provision OF the cons,i.
tuition the phrase, 10 execute the laws.
contemplates the enforcement OF Ju.
dicial process; that Is, the enforcement
OF right or remedy provided by the
law, and judicially determined and or.
dercd TO be enforced, and not an mr..
blkary enforcement by the executive
nf what hA Ia, e..
be. Cooley Const. Lin. PIP. STOP. We
think 1t too clear for argument that IL
Orr and Martin We're guilty OF the con.
duct charged. and were acting In VIC.
lation Of law In rekisting removal. theIr
wrong-doing affords no Justification for
calling out the militia TO forcibly eject
them. A proper regard for the rcpu-
tation and peace OF the community
would dictate that tkc claimants insti-
tutc proper proceedings In court 10 de-
tcrminc their rights TO the offices. In
this way speedy and peaceful @.
suit can be reached. and the person en-.
tiueu TO the office Installed therein
without disturbance or delay.
$50 much has been said as to the de.
lay incident TO ordinary judicial pro-
cccdings, We desire to onll attention
again 10 our statute above cited. which
requires proceedings OF this ,Aarac-
ter TO be advanced; and, II parties ARE
dillgcnt, the courts Will no, permit I'M.
necessary delay. but other causes will
be postponed. In order that proceedings
of this kind may be speedily deter.
mined. some delay is. Of course. In.
evitable. Reasonable time must always
be allowed for the consideration OF th,,
rights OF the parties In the admlnstra.
ton OF justice under free govern.
mcnt Monarchial and despotic gov.
ernmcnts can undoubtedly proceed
more speedily than n representative
government In the enactment. adminl..
tra,ion and execution OF the laws. Rea.
sonable delay IL the price We pny In
order 10 secure the protection and vim.
dication OF personal and property rights
under government, like ours: and
when II IL once conceded that the hard.
ship resulting from such delay justiiles
n resort TO the summary exercise OF
arbitrary power. either by the civil OF
military authority. then will justice 80
dethroned. and despotlsm and anarchy
usurp her seat"