The Bridgeport times and evening farmer., 1919-05-08

degrading 10 the legislature, to admit the idea, that the judiciary may re- judge the same question which they have decided; and if they are of a different opinion, reverse the law, and pronounce it to be a reality. II is an elevation of the judiciary over the heads of the legislature; it vests them with supreme power, and en- ables them to repeal all the laws, and defect all the measures of the gov ernment.'
 The legislature are not under the control of superintendence of the judiCiary-if they pass laws which are unconstitutional, they are respon- sible to the peopIe-who may in the course of elections dismiss them from office, and appoint such persons as will repeal such unconstitutional acts. On this power of the people over the legislature, depends their security against all encroachments, and not on the vigilance of the judiciary depart ment.
 These positions were not sustained by public opinion. The judiciary as serted, and finally maintained, it's right to determine the constitution aIity of any statute which might be attacked before 1t.
 Then yasrs before, the Supreme Court of Errors had ruled against the validity of a grant by the General Assembly of land which the Assem- bly had granted before to other parties. It was held void so far as it purport- cd to disturb vested rights.
 Before ISIS, much. if not most, of the more important business belong ing naturally to the Courts was brought before the General Assem- bly,. It heard appeals from the Superior Court It heard claims which would not be remediable by judicial au- thority. It heard chancery cases if they involved large amounts in value
 Tn 1898 a law was passed dividing g the General Assembly into two hous- es. This was followed, after a while, by vesting power to hear appeals on points of law in the upper house alone. For the disposition of causes within their original jurisdiction, both houses sat together for a joint hear ing, and the principal part of their sessions were thus employed during a. long period of years.
 Constitution Of 1S1s. The Constitution of ISIS was adopted mainly for the purpose of setting up line of demmarcatfon be- ] garments of the State government. It was proposed in the constitutional i convention, in a report by it's priu- cipal committee, that the powers of government should be divided into three distinct departments. none of which should exercise (Section 2) any power properly belonging to either of the others, except as should l be otherwise expressly directed or permitted. This section was struck out, without a, division, a plain indi- cation of a general feeling that these departments should not be kept ab- solutely distinct. After the Consti- tuion had been adopted, this feeling was not without an effect on the | practice under it. It was claimed by many that there was still a reserved | power in the General Assembly, and ] that there was no entire separation l between the leEisIative and judicfa l departments. The courts for a time | took this view. In 1881, the Supreme l Court of Errors stated the matter | thus:
 From the settlement of the State | there have been certain fundameuta rules, by which power has been ex | ercised. These rules were embodied ] II. | constitution-by others, a charter | All agree, that it was the first con ] stitutiOn ever made in Connecticut l and made too, by the people them
 selves. It gave very extensive power 1 to the legislature, and left too rnucl l (for it left everything almost) tc | their will The constitution of 181, l professed to, and in fact did. Hn7i that will It adopted certain genera | principles, by a preamble, called a 1 declaration of rights; provided 10 | the election and appointment of Gel.
 tain organs of the government. sucl as the legislative, executive and iu l dicial departments; and imposed upoI | them certain restraints. It found tn
 State sovereign and independent, witt l a legislative power capable of makin
 all laws necessary for the good of tn people, not forbidden by the consti
 tuition of the United States, nor op
 posed to the sound maxims of legis
 lation; and it left them in the sam
 condition. except so far as limitation
 were provided.
 Reaffirmed in 1877. This deliverance was reaffirme e
 on full consideration in the case c WheeIer's Appeal, in 1877, but twent years later that decision was forrnaIl overruled.
 Since 1897, then, 1t may be re garded as definitely settled that tn
 Constitution of 1918 greatly diminish
 ed the powers previously vested
 the General Assembly.
 Half a century later another greg i constitutional change diminishe
 them still more. In 1868 the -Four , teenth Amendment to the Const tuition of the United States came int
 effect. It provided that no Stat s should deprive any person of If l liberty, or property, without due pro
 cess of law, nor deny to any perso } within its jurisdiction the equal pro I | lection of the laws
 t Tn construing this last prohib t ton, the Supreme Court of the Uni 3 ed States holds that the equal prc i lection of the laws is a pledge
 the protection of equal laws
 The General Assembly, the, n which celebrates this centennial, Is g less powerful body than the Generi e Assembly of 1889. when it was oril . inally constituted; or of 1862, whe e Connecticut received her charter; = of 1776, when she declared her il