The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-24
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tax commissioners VINO u-NS Po--4~- - -
testimony IS Z violation Of the constitu-
tion-Langenberg VS.. Decker, IS l. r. A.
l0s
II have found but one authority IN con-
hict with this proposition. and that case
he'd that the power 10 punish witness lor
refusal TO testify was an administrative
duty and might be exercised BY anyone
authorized 10 hear evidence. " ME thls
case contains some very Philosophical anc
logical reasoning. il Is unsupported by me
courts OF text writers.
IF the action taken by the council haa
been taken by the legislative body OF
state. and the constitution OF such s'a'e
did NOT expressly or by implication WITH
hold from such body the power 10 ~-s--A
FOL. contempt. there would be FOUND anlp'e
authority 10 sustain the action OF tue couh-
ci. But. by reason OF the marked dis
tinction betwe.n the powers and authority
of a state legislature and that Of terri
torial legislature, The adjudicated cases
from the courts Of highest resort n the
several states. furnish Us but little aid IN
determining this question
IN state the people are sovereign. All
power is vested in and derived from the
naonle. Through their constitution they
delegate and distribute these pomers- =
constitution is not a grant Of power so far
&C relates to the legislative department,
b,1t Is a limitation. All power not eX-
press.v delegated TO some other branch or
department is vested in the legislative
branch. The legislature Is the representa-
ton OF the people, clothed with al their
sovereign power OF every character. which
has not By the constitution been logged
elsewhere. The legislative, executive, u
diclaI and administrative power Is inherent
in the people, and remains in them unless
delegated by their constitution II tne
constitution does not divest them or ali
judicial power the residum is in the iegls-
lative assembly. and may in proper cases
he exercised by such body. Hence, II may
well be said by the state courts that the
state legislatures have inherent power TO
punish for contempt. as all power is lodged
in the legislature unless expressly imposed
on some other branch OF government But
in a territory the situation Is waterway
different. Such q government is not
government Of the people founded upon the
consent OF the governed. There Is no SOW
areientv in the territorial government or in
any of its branches: each department may
be supreme in its domain, yet not soVer-
eign. The inherent powers belonging 10
and vested in the people by reason Of their
sovereignty is suspended and held IN aoey-
ance until such time as they shall dis
tribute and delegate il through a constitu-
ton OF their own formation and adoption
and become a state The legislative de-
partment OF a territory IS clothed with
none Of the inherent powers OF the people
II has not. and in the very nature OF rs
formation and creation. can have no IN
/ herent powers. The territorial govern
ment Is but a subordinate dependency OF
the federal government. subject 20 its pow
or and control and subservient 20 It's laws
and constitutional limitations. No powers
are derived from the people. but such as j
| possesses are derived from the conSres
| sional grant. Its several departments car
| exercise only such powers as congress ma
| delegated. The right to govern the terri
/ torie is vested in congress by the fedora
constitution. The federal constitution !
a grant Of power with umerous limitations
/ onngress can confer no power that Il doe
rot possess. There is no inherent powe
/ in congress. hence can be none in tn
/ governmental bodies created by it Con
( gress is the source Of all power in terri
; tory. The people OF a territory have n
voice in the creation Of their government
but congress imposes the government Of
them. and bestows upon them such privi
/ leges and confers such powers e-s 70 con
/ gress seem expedient. The territorial gov
! eminent bears a similar relation 70 m
federal government that a city govern
ment does TO a state government. Tn
| organic act creating a territory Is 70 II
| people their constitution. adopted FOR Their
| by representatives in whose selection the
| have no voice. and for whose conduct the
| are not responsible. This imposed govern
| ment under an imposed organic :aw bear
no resemblance. in its powers or function:
10 a state government. With these DIS
I tinctions IN view, We must grasp first prir
ciples and reason out our status and har
monte our powers and functions under n
limitations imposed.
IN the early history OF our state an
feleraI governments legislative bodie
and courts were inclined 20 follow n
rules and practices that had prevailed &
the mother country. and from which "
borrowed many Of our laws and customs
The British parliament was originally
high court OF tudicature and had iunsdic
ton 20 Try causes as well az enact laT'
II was restricted by no limitations OF in
hFhiti0ns and exercised all the power e1
ceut that vested in the crown. After
wards. when parliament was made
I no q
commons and the house OF lords. u Va
! held that each house carried with it n
! judicial functions Of the original p2riis
nent. and that each house constituted
court FOR the trial OF such matters a
might be entrusted 20 Il or vas necet
sary o It's own dignity and PURGE
The courts Of England he'd hat thes
bodies. BY virtue OF this inherited cove
was authorized 70 punish for contempt
and our courts il this country ~ an ear
! day adopted the same ruie- one q q
early cases 20 come before the suprsu
court % the United States was the CA
OF Anderson W Dunn. s Wheaton, -
IN ths case the court held THAI Z.
power TO punish for contempt was ue
essarv power 20 the good order and pre-
ervstion q the rights q congress ar
tnat IL was an implied power and coz
- lawfully exercised. some . re sta
. courts followed THIS decision % me hig
st cozrt II ne land. and = became q
basis upon Thica tas text writer's CO
struccsd their ieEal -p@rsrructaTas- Ho'
ever. sorne q he STATE courts. EIs-e 81
tanning re power q legislative bodice
, punish tor contenp.s put = O. ths szf
: and more consistent ground q cous-it
: rloDal authority, uu3sT 80 prcT-si71s