St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-30
DEMOCRATS NEED NO APPEAL

The p~rickings of a guilty conscience
| seem to worry the Republicans.
On the streets. in their offices, and
especially in their evening organ-the
Dispatch-they are manifestlng great
anxiety as to the result of their lawless.
ness III declaring the city charter un.
constitutional and proceeding to an
nounce candidates for the assembly
elected who were defeated at the polls.
The Dispatch frantically appeals to
the supreme court to come to their res
cue. and in so doing, seriously reflects
| upon the legal acumen of Chief Justice
Tim Reardon and his sever associate
justices. who have declared the charter
unconstitutional.
1t is, in fact. an intimation that the
eight constitutional lawyers OF the AS
sembly may have exceeded their author
ity in setting aside the charter.
The Democrats have no occasion to
appeal to the courts. They are pro-
ceeding in strict accordance with the
state and city laws, and the constitution
as well.
If the Republicans desire to ask the
opinion OF half a dozen courts relative
to the legality of their illegal action, the
Democrats will not object.
When the attorney general gave his
Republican opinion he suggested that
the Assembly should await a decision
OF the supreme court before deciding
constitutional questions.
As recently as last Friday the SUI
preme court, in reversing the lower
court on a constitutional question con
corning the law against ticket brokers,
said:
Courts are not at liberty to declare a
statute unconstitutional because in
their opinion it Is opposed to the funda-
mental principles of republican gov
eminent, unless those principles are
placed beyond Legislative e%ncroach-
ment by the constitution, or be-
cause it is opposed to a spirit sup
posed to pervade the constitution, but
not expressed III words, Or because 1t Is
thought TO be unj ust OR oppressive or to
violate some natural, social or political
rights of the citizen, unless it a be
shown that such injustice is prohibited
or such rights are protected by the con-
Stitution.
Except where the constitution has
imposed limitations upon the legislative
power, it must be considered as practi-
cally absolute, and TO WARRANT THE
JUDICIARY IN DECLARING A STATUTE
INVALID THEY MUST BE ABLE TO
POINT OUT SOME CONSTITUTIONAL
LIMITATION WHICH II ACT CLEARLY
TRANSCRIPTS"
AS the Republicans did not respect
the opinion of theil WI attorney
general, the later opinion of Judge
Mitchell, of the supreme bench, will
have no weight with them.
While the city charter says the AS
sembiy shall be judge of the eligibility
and qualifications of its w members,
it nowhere says that the outgoing as
sembly shall sit in judgment on the
qualifications of the incoming body.
When congress or a legislature expires,
it is left to the new congress or the new
legislature to determine the qualifica-
ton of its own members.
Under stress of circumstances the
present Assembly has made a blunder
by assuming to have the power to de-
clare anyone elected.
The Republicans may as we'll under
stand that the Democrats know and will
maintain their rights. They will re-
spect the charter in spite of its at
tempted overthrow by the eight consti-
tutional assemblymen.
People who do not wish to override
the law aud the constitution have no
occasion to appeal to the courts.
But this does not mean that the Re-
publicans do not have every occasion to
appeal to the courts if they so desire.