Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-15
TWELVE PAGES
SATURDAY. APRIL is, 1899.
JUDICIAL CONTUMACY.

( The British theory of government and
ell Of its alleged principles as applied
in law TO civil power and popular lib
erty. became null and void in these
colonies or States, as soon as they made
their Declaration of Independence, or
certainly as soon as that Declaration
was sustained and made good by our
armed revolution, and recognized by all
the nations of the earth, including Eng
land The whole system of government
and law in England was inverted here.
There 1t was a pyramid, standing on
its apex-the King; here, the pyramid
was reversed, or restored to it's natural
position. standing on It's base-the peo-
pie. Divine right, hereditary right in
herent power and special privilege.
rampant in England. were utterly abol-
ished here in all things relating to civil
and political powers. rights, liberties
and privileges; and the right and power
OF man in government and temporal
law were proclaimed supreme.
5 The Declaration Of Independence dis
tinctly says that governments (and of
course all their branches or depart
ments). ARE instituted among men,
DERIVING THEIR JUST POWERS
FROM THE CONSENT OF THE Gov
ERNED," and the Bill of Rights of vir-
ginia even more distinctly asserts that
ALL POWER IS VESTED IN, AND
CONSEQUENTLY DERIVED FROM,
THE PEOPLE" But what is all that
to Tories?
"a man convinced against his will.
Is of the same opinion still"
and hence all reliance is placed still by
the Tory. or Federalist. or Imperialist
In British precedent, authority and
immemorial judgment. when our re-.
hottest date in fact, reason, law and
logic, goes back no further than to July
4th l716, and our authority no higher
than to the people. Discussing the re-
cent action of our Supreme Court of
Appeals In multiplying and refusing to
obey an act of legislature restricting
and prescribing the power of our courts
In dealing arbitrarily with constructive
contempts of court. the Norfolk Land
mark (of course) warmly applauds the
court and is seation. and saws:
The principles of our government re-
quire that The executive. judicial and
legislative functions shall be separate
and distinct. The Constitution of Vir-
ginia. in the Bill of Rights. provides the
same thing, not only once, but twice,
for the sake of greater emphasis Here
and there judicial power may have
been abused. but the judgment of courts
from time immemoriai has been that
the right of furnishing for contempt is
inherent in the judiciary.
II may treat the executive branch as
IT has treated the judicial. The rcsui;
OF az this would be the establishment
OF the legislative as the supreme ana
only power of the land. judiciary
ana executive would become the merest
non-entties. The Virginia Court of
Appeals has taken a stand in defense of
me fundamental plan of our national
institutions"
But the principles of our government
Nm separating the legislative and judi
cial functions did not confer govern
mental or legislative functions on the
courts nor any right or privilege to
assert an inherent power" superior TO
the constitution. or the legislature: but.
on the contrary. authorized the legs-
lature to e-Gct and regulate all courts.
whose powers are expressly limited to
those Conferred by the constitution
or the legislature; and as to the con-
stitutional power OF the Supreme Court
to declare an act of legislation null and