The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1899-01-25

aid not extend tho privilege and power
VI tho legislature 20 regulate The numbef
Of Justices Of tho supreme court IN Ian.
guage as clear and iincauiy0cal as that
employed "a reference 10 The circuit
Judges.
Mr.. Chief Justice Marshall says. THE
trainers of tho constitution and the peo-
pie who adopted II, must be understood
20 have employed words In their natural
sense AMI 10 haYs intended what they
bnys snid.' The language employed au-
ihorlzes tho legislature 20 provide for
the election of Judges IN distinct clasScs,
ono Of which Glasses snail consist u
whnt? "Of thwo justices Of the supreme
court" This laDguage seems simple and
IN ordinary conversation would be- easily
and readily Understood. In ordinary
| DEALINGS between men aud In ordinary
affairs Of lfo. there would b. no qUiD-
! bling about Us manning. N onf should
authOrlzo anothr ~ construct FOR him
throa buildings, II would not be- argued
In any court that hc authorized ihe con-
airuotion Of M many more 80 might BE-
deemed proper by the agent.
But II N said that at bcBt, rlln solution
Of this question Is Involved IN doubt.
\ and u ~ urged flist VIXEN u substantial
/ doubt exists. that doubt should BE- re-
I solved IN favor of tho power Of the legls
] hturs. ana mahy caesa are cited % show
I that zuch N tho rule adopted by the
courts. ~ II Uuo such is the rule
! nd1pied by tho courts IN the consiruc-
/ tim Of statutes when they are asSuiled
on the ground of beng unconstitutional.
I That construction IN adopted by the
courts out ~ respect and regard for the
Judgment of thr legislature. for. IN en-
acting lhw. the legislature giyra Its
construction Of tho constitution. and. Il
being "a coordinate branch of govern
mcrH. In esisltied 20 respect and consldera-
llon from tho courts. and therefore out
Of Difference 10 the judgment Of the
legislature. ihs courts are disposed 90
resolve any doubts they may have As 10
the constltullonaiity Of given Law in
favor Of the power Of tho legislature. OF
rather In favor Of the Law which stands
as the lcgiBlativs construction. But this
rule II not applicable TO construction by
ifN tAk sHlAllIN lAHfNAH 0f NLE hUANA
should govern the legislature IN such cases
IL woll stated by THAI eminent authority
on tho constitution. Mr. Cooley. In his
work on constitutional limitations. as
follows: But when the legitimate lights ,
for asCcriaininR the meaning Of tho con-
Btitutlon have been made use Of, II may
SIN happen that the construction re- |
mains matter Of doubt Ia such a I
case. Il sccms clear that every one called I
upon 10 act. whore, IN his opinion. the |
proposed nctiOn would be u doubtful
oonsuiutlunaliy. s bound upon the 4
doubt nlonc 10 abstnin from ac, ng. /,
Whoever derives power from the con-
90 perform any public func-
ilon. Is diEl0yII 10 that instrument and
grossly derelct IN duty II hc does that
which hn is not reasonably satisfied the
constitution permits"
II IL also urged by the advocates Of the
measure in question, that had IL been the
purpose Of the framers OF the consu-
tuition 10 prohibit tho legislature from
tho number OF supreme JUS
iices. they would have employed IAN
suage similar 10 that which they did
employ In section OF article VII, which
rrsa,es the hrst supreme court and pro-
,fdcs how II shall be constituted and
then provides that ''the number OF JUS
.iccs and districts may be Increased but
shall mot exceed 1--WE until the white pop
llaison OF the state shall amount 10 one
hundred thousand, and shall never eX-
'eed scyNn.' II must bo remembered
ha, tho constitution in section 2 afore-
aid. provided for the supreme and, cr-