The Montgomery advertiser., 1907-08-10


 these cases. in the discharge of sworn duty, to which 1t dared not be faith less, in the enforcement of rights se- cured by the supreme law of the land, has been savagely assailed, sometimes, sad to say, by men whose duties make them defenders and not defamers of the court, as an interference with the rights of the State and an unwarrauted intermeddling with local affairs
 Tt is hard to see how such an opin- ion could be sincerely urged by any enlightened and reflecting man. The Constitution and laws of the United States are not local matters. and they concern the preservation of every right given by them, whether invaded under the form of State law, or by the violence of private individuals. The strictest constitutionalist ad- mits that whatever the State has ceded to the United States no longer remains with the State. and that the exercise of the power so delegated by the gem eral government cannot invade or i'm pair the power or dignity or rights of any State. No ole will deny that the State ceded to the general govern ment all the rights which the Consti- tuition of the United Staes specifics.
 The Constitution provides that the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Con- gress may from time to time ordain and establish. It further provides that the judicial power shall extend to all cases, in law or In equity. aris- ing under this Constitution and the laws of the United States, and :. to controversies between citizens of different States
 Tt also provides that this Constitu- ton and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land, and the judges in every State shall be bounI thereby, anything in the Constitution or laws of any state to the contrary notwithstanding It further declares the Congress shall have power to make all laws which are necessary and proper to carry into execution the foregoing powers, and all other power vested bv this Constitution in the government of the United States or Tn any other department or office thereon.
 Have Right to go to Any Court
 Tn pursuance of the power thus granted by the Constitution to con gress, it has provided inferior triou- nals, and passed laws defining tnelr powers and Jurisdiction and regulat- ing the rights of citizens of other States, and, in certain cases, or cltl- ZenS or Ln1S SIdle lO ICSOAb bO federal courts here for the protection of their rights.
 Those courts execute both the laws of the State and of the United states in any case properly brought pelore them, just as the State courts in gen eral execute the laws of the United States, as we'll as of the States. in all cases properly brought before them' The people, or the States in conVen- tion assembled, if that form of stating he rraferrad the source Of the power which created the Constitution of the United States and the courts for which 1t provides. Those courts are as much a part of the system for enforcing the laws as the courts or the State.
 Tt is the duty of all courts, State as well as Federal, under the Consti- tuition of the United states and of the State if In any case before them they find that Legislation on any subject. whether by Congress or by the State Legislature, transgresses the funda- mental law, to arrest It's operation, not that the Judiciary is superior to the Legislature. but because the Constitu tion is superior to both, and nullifies all laws in violation of it's command
 "The right of a citizen to have the courts of the State and of the United States pass upon such questions when properly presented. is a part of the heritage of every citizen and person within the Jurisdiction of the State or the United States. and surely no one who loves the institutions of this country can sincerely complain of the exercise of such power by any of the courts of the country, whether State or Federal, or that 1t is a men aca to the welfare and happiness Of the state, or an invasion of its rights. because it happens that the Federal Court rather than the State Court ad-