Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25

direct their actions, but to enforce their
will, and they can not assume judicial
functions to reform judicial abuses, but
must cure them either by the removal Of
the offenders by impeachment or by
legitimate legislation. The judiciary,
jealous of their prerogatives, and zeal
Gus in their maintenance, should scrupul-
ously abstain from infringing upon those
of the associate Departments, that each
may move in its orbit harmoniously with
the others. Excuses may be committed,
even to the extremity of corruption;
judgment may err to the degree of folly;
public interest may be sacrificed to ex-
tent criminal, by legislatures in the ex-
ercse of their powers, but, nevertheless,
1t would be assum ption for the courts to
impuRn their motives, or to assail the
policy of their acts-and usurpation of
authority to attempt to restrain their
discretion. Endowed with power, the
legislatures OF states are responsible to the
people, of territories to congress to whom
they owe their existence) for its proper
exercise, and the courts are estopped
from inquiring into the wisdom of their
action. 1t is primary principle that that
system Of law is best which confides as
little as possible to the discretion of the
Judge; that judge the best who relies as
little as possible on his own opinion.
This exposition of the relations of the
departments of our government is, if
orthodox, as true of the territories as
OF the United States and the states. Coz
gress in the exercise Of its power to dis
| pose of and make needful rules and regu-
iations respecting the territories of the
United States, created territorial govern
ments, consisting of executive, judicial
and legislative departments, and CON
ferred upon them general legislative
power, and in adopting the forms of the
federal and state systems, incorporated
with them the theories of such autono-
mics.
In Clinton vs.. Englebrecht, IS Wall,
443, it is said: SIN all the territories full
power was given to the legislature over
all ordinary subjects of legislation. The
terms in which it was granted were vari.
Gus, but the import was the same In ALL
In the same case it is said: "The theory
upon which the various governments for
portions of the territory of the United
States have been organized has ever bsan
that of leaving to the inhabitants all ia
powers of self government, consistss
with the supremacy and supervision II
national authority, and with certain
fundamental principles established by
congress-"
In Hornbuckle vs.. Toombs, Is Wall,
665, it ia said Gas general thing, subject
to the general scheme of local government
ohalked out by the Organic ACT, and such
special provisions as are contained there
in, the local legislature has been entrust'
ed with the enactment of the entire sys.
tenn of municipal law, subject, however
to the right OF congress to revise, alter
and revoke at its discretion. The powers
thus exercised by the territorial legisla-
ture are nearly as extensive as those OK
ercised by any state legislature"
Congress, in Difference to the spirit oil
our people, and to relieve themselves, has
endowed the territories with the right OF
self government, and subjected them to
but few restrictions. Authorized tC
legislate, it is inevitable thate they shall
determine upon the subj ects for their &C.
ton within prescribed limitations, and
it ia conseq uential that because they act
the SUBJ eot is prima facie rightful. The
executive can not dictate subjects bul
may recommend them; the courts can dc
neither; theirs lie the function to admin
ister the laws. Rightful as qualifics-
ton of Subjects of Legislation" is .
synonym for legitimate, and does moi
signify just Observation-Disclosures con
sonant to justice. A subject may be
rightful, but legislation upon it may BIZ
wrongful in that it may be in excess Of
power; in that it may transcend the limit
atoms of the constitution and laws. II
may be legal for a territorial Legislature
i to consider subject, but the enactment
may be extra urisdictional, and the
courts, without infringing upon the
privilege of the legislature to elect it,
sab ects, may declare that the limitations
imposed by the constitution and laws
Rave been disregarded.
II Says, Cooley: "The rule of law upon
this subject appears to be that except
where the consti. ltion has imposed linn
its upon the legislative power it must be
~ ,.s
e:lt operate according 70 natural Justice
or not IN any particoiar case Inc courts
are not the guardians OF the rights OF the
people, except as those rights are So
cured by some oontitut'onai provision
whlcn comes within the 1udlcia! cogniz-
ance. The protection against unwise or op.
cessiVe legislation within constitntiona!
BOUNDS Is by an appeal TO the Justice and
Patrlotlsm OF the representatives. OF the
people. II this fail the people IN their
sovereign capacity can correct the evil,
ont courts can not assume their rights.
Inc judiciary can only arrest the execa'
ZION OF a statute when 1t conhicts with
the constitution. II can not run race OF
OPINIONS upon points OF right reason and
expectancy with the law making power.
ANY legislative act ~nlch does not on
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