Omaha daily bee., 1894-03-25
JrpicLlL rSrRplrLnN.

Nv puNeTs OF tnp government OF TINS
state are divided into three distinct depart
ments-the legislative, executive and Judi.
cial-and no person. or collection Of per-
sons. being one Of these departments. shall
exercise any power properly belonging to
either Of The others, except az hereinafter
expressly directed or pcrmittcd.-ArtlcIe ii.
Constitution Of Nebraska.
This broad definition Of the powers of the
three coordinate branches Of state govern
ment cannot be misconstrued or misunder-
stood. The legislature, which enacts the
laws, holds the purse-strings and exercises
the impeaching power OF the commonwealth.
cannot trench upon the executive as the APP
pointing power, although IT may override his
veto. The executive cannot be permitted to
arrogate to himself judicial or legislative
functions without jeopardizing the fabric of
self-government. The governor cannot Gre
ate a debt or draw one dollar out of tho
treasury for which no appropriation has been
voted by the legislature; much less can the
governor be allowed to abrogate a law so
long as it has not been pronounced uncon-
stitutional or invalid by the courts. 1t is
equally dangerous to our republican form Of
government for the judiciary to attempt to
override the barriers which the constitution
and the statutes have placed between 1t and
the Legislative and executive branches of
government. The judiciary can expound the
constitution and pass upon the validity of
laws, but it cannot enact laws. The Judiciary
may pass upon the acts Of the executive. but
1t cannot and must not be allowed to exercise
executive functions. Any attempt to do so
should be resisted as an unwarranted
usurpation.
Section y, article Vi, of the constitution.
defining the Jurisdiction of the district
courts, provides: '"rhe district courts shall
nave both ohancery and common law juris-
diction, and such other Jurisdiction as the
legislature may provide, and the Judges |
thereof may admit persons charged with
felony to a plea Of guilty ana pass such
sentence as may be prescribed by law"
The manifest Interpretation OF this pro- |
vision of the constitution is that whenever
any person charged with a felony shall
plead guilty the judge shall pronounce sem
tence as prescribed by the law. Section
i52 of the criminal code provides that if
the accused plead guilty" the plea shall
be recorded on the indictment and the ac-
cused shall be placed in custody of the
sheriff until sentenced. In no case in
which the accused pleads guilty is there
any provision for a suspension of the SEN
tence. 1t is provided in other cases of
felony where conviction is had that upon
The accused giving notice to the court of
his intention to apply for a writ of error
the supreme court may suspend the execu-
ton of the sentence or Judgment until the
next term of court, by admitting the. ar
cused to bail.
Now where does Judge Scott get ,nv
authority Tor a suspension of sentence in
any case wherein the accused has entered a
plea of guilty? The law empowers the Judge
~ '"hN hi'o toiSiuSidtlon Mitigating cirClm-
stances in passing sentence. and allows him
to exercise discretion as to The term of i'm
p%risonment within prescribed limits. but
when the judge permits self-convicted Grim
inals to go out on bail or to roam about on
he trenches upon prerogatiyes of
the chief executive.
The constitution vests the governor with
the sole power Of granting reprieves and
and any attempt to divest him of
this power is a dangerous usurpation of
Judge Scott in many things has been a
unto himself. Ee may imagine himself
to be above the governor and the leelsIa-
ture, in spite of the provision of the copsti-
tuition which declares that no person mr.
of persons being one of the CO.
branches of government shall en-
any power properly belonging to
either of the others. Without jmDupnine
the motives and with no disposition to
wound the tender sensibiIities of Judpe
Scott, The Bee most earnestly demonstrates
against TINS tagrant usurpation of authority.