Arizona republican., 1915-03-15
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or shall have power to grant reprieves communications and pardons. after con- victions, for all offenseS except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as may be provided by law"
 As to whether or not the conStitu- tionality of a statute can be questioned in a haheas corpus proceeding the old CT cases are not in harmony. The mat ter. however. Nas settled by Mir Jus tice Bradley in the case of ex parte Sic bold, 100 U. s .371, and it may now he said to be well settled that the con- stitutionality of statute may be in- quired into and adjudicated in habeas corpus proceeding. See 21 GYC, 302, and cases there cited.
 In construing statutes the general rule of law requires that the courts will not so construe law as to make
 it conflict with the constitution. but will rather put such an interpretation upon 1t as will avoid conflict with the constitution if possible And if it is possible to adopt another constructor which will sustain the statute the courts may even disregard the natural and usual import of the words used. Such constructions placed upon stat utes- are in accordance with the pre- sumed intention of the legislature. and the legislature is always presumed to have acted within the scope of it's power. Black Const Law, 2nd Ed 50 and cases there cited.
 Mir. Justice Story of the L. $. Su- preme Court in Parsons v Bedford , Pet. 449 said
 No Court ought unless the terms of an act rendered it unavoidable, to give q construction to it which would tional, of the constitution
 The rule is, and it is sustained by abundant authority, that the presump- ton is always in favor of the constitu- tionality of a legislative act The Courts exercise great cOution in dealing with the question of the invalidity of an act of the law-making power and will all ways sustain such acts unless their uncOnstitutionality is quite clear. See People V. Nelson, 27 NE PIT. and People V. Hutchison, 50 NE 599 40 l.. R. A. TO. And it must be presumed that when the legislature passes the act in question it considered the constitutionality of the same and certainly when it did pass this act. as it did over the Gov ernor's veto it did not intend that the same should be nullity Every req sonable doubt must be resolved in fa- vor of the statute, not against it; and the courts will not adjudge it invalid unless it's violation Of the constitution is, in their judgment. clear, complete l and unmistakable.' Black Const. Law (2nd Ed) 61
 "The constitutionality of law. then is to be presumed, because the legisla | ture. which was first required to pass upon the question, acting, as they must be deemed to have acted. with integrity
 and with just desire to keep within
 the restrictions laid by the constitution | upon their action have adjudged that il | is so. They are a coordinate depart ment of the government with the judi
 ciary, invested with very high and re- sponsible duties as to some of which
 their acts are not subject to judicial
 scrutiny, and they legislate under the
 sOlemnity of an official oath. which Il
 is net to be supposed they will disre- gard" Cooley Const Linn 9th Ed l 254.
 | All sovereign power, under our form