Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-02
TWENTY PAGES
SUNDAY. APRIL 2, 1899.
THE LEGITIMACY OF POWER.


The limits of authority and the legiti-
macy Of power comprise a subject that
may be discussed without passion and
be considered in the pure light of rea-
son and truth. But it hardly conduces
to such consideration to dub in advance
a matter for discussion with this head
ing: "a Great Vipdication of Popular
Right" 1t Is putting the cart before the
horse; 1t is a verdict before trial: a
judgment before hearing; an attempt to
PREJUDICE and prejudice the case; and. to
impartial observers. raises a suspicion
that this labored title is to cover fear
that somebody may mistake the thing
so dubbed as "a Great Invasion of
Popular Right" Yet that is what the
Richmond Times does in undertaking
to defend n recent decision of the Su-
preme Court of Appeals of Virginia.
This Great Vindication of Popular
Right" as the Times calls 1t, is n re-
fusal Of the court to obey the legisla-
in exercise of the power to govern by
Injunction, or in exercise of their power
to punish for alleged contempt of court:
these efforts. on part OF the legislature
seeming to plain common people as be-
ing by for and in the name of the peo-
pie to protect the people from the arbi-
trary action of courts. There Is no pre-
text on part of the Supreme Court that
the legislature violates any provision of
the Federal constitution or State con-
stitution in the act as to contempts
which N III
simply because 1t is the opinion Of the
court that it and all other courts have
an Inherent Cor "divine'O power of
which no power can deprive them; that
this power is also inherited from Eng
land, and that it is common-law
power.
The real point Is this: has n creature
of the people any power not granted by
the people, and may it dsobey the will
of the people exercised constitutionally?
Or may any branch of the public SER
vice of the people define itself and It's
powers, in contempt of the people and
their laws and constitutions? Yet that
is what our Supreme Court of Appeals
has done. If it is right, then the Gov
ernor or Executive Department. NAV
define that department and do as IT
may think necessary and essential"
without constitutional warrant. and
even in contempt Of the constitution
and the law. Or the legislature may do
the same. Notwithstanding the fact that
the court says to the contrary, for IL
may impeach the court, or its Judges,
and turn them out; or it may abolish
the court; or supersede it by another
1t Is too late to discuss or question
the supreme and exclusive political
power OF the people in this State and
country. They constitute the State:
they made 1t: they framed it's consti-
tuition, subject only to the constitution
Of the United States and acts Of Con-
gress passed In pursuance thereof: and
apart from or outside Of our State con-
stitution, or acts passed in Pursuance
thereof; has any person or agency
any power of public sort? The 4th
clause or section Of article 1st of our
State constitution says:
All pLwer is vested in, and conse-
quenuy derived from. the people; mag
istrates are their trustees and servants.
and at all times anne nable to them
And In the 10th clause or section of
The same article, it Is declared:
b. mo government separate from. or I'm
dependent OF. the government of Vir-
ginia ought to be erected or establish
ed within the limits thereof"
But our Supreme Court of Appeals
"erects" itself into a separate and in
dependent government here! If there
was even ground for any pretext that
the act Of legislature as to. contempts