The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-05-12
RECENT DECISIONS OF tHE SU
PREME COURT.

The news from Raleigh in yesterdays
cisiOns of the supreme court was read
doubtless With interest by those who
handled the paper. There were opin-
ions n opinions. Some decisions were
adverse to the democrats, but in the
most important by far, that regarding
the agricultural department, the find
ing was for the democrats and in ac-
cord with facts and fairness. The de-
cision will give a quietus 10 other bold,
sweeping plans of the greedy COM
blne. The control Of certain state in
situations will not be given them. We
refer to the Raleigh special of the 9th
instant. AIS well hat ends we'll. If
it ends the control of Day ana Com
| pany it is we'll lone and let the whole
state rejoice. Unstable as water, thou
shalt not excel" Boast not thyself
of tomorrow: for thou knowest not
what a day may bring FORTH
1t is noticeable that in the Atlantic
and North Carolina railway case that
Justices Clark and Montgomery dis
sent. This is noticeable because these
judges lave never been identified with
black radicaiism in North Carolina.
One curious expression occurs in the
decision of the agricultural department
case as to the powers of the judiciary:
While imperative duty and unques-
toned power rest with us to declare
null and void any act Of the legisla-
ture which may be in violation of the
constitution, we must concede to that
coordinate branch of the government
absolute freedom of discretion in law
full exercise of it's constitutional pre-
negatives"
Mr.. Justice Clarke controverts this
supposed power of the judicial branch
to undo what the legislative branch
in a way that is impressive and con-
elusive. He said in the Buncombe
county case:
Frequent recurrence to first princi-
pies is essential to maintenance of lib
erty. The legislature is a great and
| chief department of the
1t alone is created to express the will
of the people. Chief Justice Faircloth
IA q ICSCAl OpiAioL, says Tic sovereign
| power is exercised by legislature and
the only limitation upon this power
| is found in the organic law as
| declared by delegates Of the people in
| convention assembled from time to
| time. No state has in its constitution
a provision empowering the I'll to
| declare any act of the legislature un-
| constitutional. 1t has been sSumed
| by h courts upon their own motion.
| This assertion Of authority has Deem
| tolerated rather than conceded. This
is not an suspicious time for the courts
to amplify their jurisdiction. The legis-
| lature can sit in judgment upon any
| m Of the or judiciary
branches of the state government by
impeachment and remove him from Of
fee. This indicates that ultimate
pervisory power is in the legislature
not in the judicial department.. indie
pendence Of the judiciary does not re-
quire that it shall have power TO in.
tervene in a coordinate department
and set aside its actions as invali
When his is lone it is upon othel
grounds than the independence of tht
judiciary. Sovereignty remains always
in the people 20 be exercised readily
and promptly"
If that is not good law it is good
sense, and good law is supposed to b
based upon common sense as we'll a:
Justice and right. The judiciary of al
| kinds is growing suhversive, tyranni