Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-04-25
JUDGE DENTS STARTLING DISSENT
Continued from First Page

ing a person Of his legal rights With
out having jurisdiction Of bis person
cannot be stepped by prohibition De-
fore it has consummated lis illegtti
mate proceedings and that the injured
person must wait until the adjudica-
tion becomes iinal and his rights are
gone and then resort to certi0rari
is not only to fly in the face Of The
authorities, but OF sound reason and
good common sense. Quimbo Apps,
vs.. The People. 20 N. Y. $40 In
every case in which certi0rari lies pro.
hibi.iol lies, before the adjudication
becomes contaminated or finally exc
cutad. II the tribunal is exceeding or
abusing its jurisdiction.
The Code CHI 10. see. | ], says, "a
writ Of prohibition Shall lie as mat.
ter Of right in all cases Of asurpation
and abuse Of power when the inferior
court has not Jurisdiction OF the sub
ject matter in controversy, or having
such Jurisdiction exceeds its legiti-
mate power. 1t is no excess OF legit.
innate powers to deprive person OF
his legal rights without due process Of
law? 1t is 40 excess Of legitimate
powers to dsobey the Constitution OF
the State and Of the United States9
It has been held that these consti-
tutional inhibitions apply to every
agency of the state whether executive,
legislative or Judicial. Railroad Co..
VS.. Chicago 166 y. S., 226. How
then is it possible 10 say that any
tribunal that violates them is not ex-
ceeding its legitimate powers9 The
legitimate powers OF Judicial tribunals
over the rights OF individuals is only
to deprive them OF these rights with
out such due process they are acting
in excess and abuse Of their legitimate
powers. mo Judgment Of a court is
due process Of law if rendered without
Jurisdiction in the court or without
notice to the party" Scott VS.. Nc
Neal, 154, y. s., 46. Nor is the SUI
preme Court of the United States
bound by the State courts construc-
tion Of state statute, when the ques-
tion is as TO whether such statue pro-
vides for such notice as is required TO
constitute due process of law. In
every such case the Supreme Court OF
the United States must decide for it's
self the true construction OF the stat
utes I'd As. There is no question
but that when any tribunal under
takes to decide the rights Of any per-
son in his absence and without notice
that it exceeds and abuses its legtti
mate powers although its Judgment
may be void for watt OF service, il
may be prohibited from executing The
same and the judgment may be vaeat-
ed and annulled by this writ. 10 the
rs Am. & En-. Law, lib, this law is
made so plain that child could not
misunderstood it.
It is true that certiorari or some
other remedy might also lie. Such
remedies do not act promptly on the
tribunal and stay its illegitimate ex-
ercise of power, but tend to continued
litigation and are not adequate 10 stay
abuse and prevent illegal injury that
may otherwise be without redress.
Not only this, but the statute says,
that prohibition shall lie as a matter
of right and it does not signify As 10
how many other remedies the person
may have against whom Legitimate
power is being exercised ia direct vio-
iation of the supreme law Of the land,
he Is absolutely entitled to the quick,
speedy and efficacious relief Of the
writ of prohibition. \. i w. K Il.
Co., vs.. pinnacle Coal Co, IA w Va,
574. The peculiar object Of the writ
is b stay the inferior tribunal is open-
~ violating both the Constitution Of
the United States and the Constitu
ti3a Of the State it has certainly ex
ceded the bounds Of its jurisdiction
and when the law gives 30 the injured
party this writ as a matter ~ right
this court in denying it to him is also
in violation Of that provision Of the
Fourteenth Amendment Of the Con
sti5aIion Of the United States which
secures to him the equal protection of
the laws. DR.. Hartigan was secretly
Condemned and removed from bis po-
silian without notice or hearing and
thereby his living was about to be
taken away from him and his reputa-
peal TO the highest state tribunal on
unfounied pretexts the equal protec-
tion Of the laws which should be af-
fpFded all its citizens is denied him.
His relief must be found beyond the
borders of the state.
Our government is said to be gov
eminent Of law All our laws, the
decisions Of the courts, the acts of all
Officers, including the professors of
the University are considered but the
uo-!live expression of the will of the
re- nle. and these laws, these acts and
tie decisions should correspond with
viii. Certainly we can say that
5 not invariably the case but
a people are often times deluded
deceived for it is due to the frail-
Of human nature that offenses
sust that will must indeed come.
Iae charge has been made that
moved by prejudice through inter
The result in this case. The