Year: 1871

The question of the Constitutionality Of
county, town CT municipal subsidies to aid
private persons to engage in and prosecute
private and personal enterprises, or in other
words to permit mere majority of any COM
munity, and many Of those often Of the most
worthless and purchasable kind, to vote the
property of one citizen into the pockets of
another for private uses, is now before the
Supreme Court of this State, submitted
months ago, and very anxious, nervous,
deep interest is manifested by the whole
people Of the State for the decision Of that
question at an early day. The justices of
this Court have had this case under consider
alton long enough to have decided it and let
the decision have gone to the public. The
Supreme Court of California is the highest
Judicial power in the s5tate-aye in the world
on this question, and its members cannot, as
men, as lawyers and jurists, permit their own
judgments and reading of the Constitution to
be influenced by the decisions of other Courts
under other Constitutions and maintain self
respect and that Of the community. There
is no decision, authority Or precedent in the
whole worlds history, which they are bound
to respect or bow to but the Constitution Of
California, their oaths and their best iudg-
ments. Our Supreme Court has as much
right TO establish precedcnts and interpret
the Constitutions Of other States, as their
Courts have for US, and that right is just
nothing at all when considered by an intel
lectual, independent man fit to be Judge
of any Court. We cannot bring ourself to
believe that our Supreme Court is composed
Of Judges who will allow other Courts or
Judges to tell them how to read, reason
upon and interpret our Constitution, when
they constitute the only power in the world
charged with this duty and are bound by
oath and paid for doing it by the people.
To admit OF such q state of facts would be
to humlate the Court, disgust the whole
people of the State and call for an abandon
ment Of the bench at once by all such JUS
tees. Are our Judges mere book-worms,
men without opinions TO be swayed and con-
trolled by the last thing they have read II
SO, the sooner they retire the better for the
public and for their own regulations. Are
they afraid of the public, political factions or
money power? If so, then the sooner they
become the employees Of monopolies, the
weather-cocks Of the public breeze Or the
wallowers in the "hlthy pool Of politics
the better for all. These are the thoughts
and queries that are running through the
mind of every worthy citizen of the State
to day, and while we intend no insinuation
against the honor, dignity and learning of
the Court or any Judge thereof, but, on the
contrary, have full confidence in its frmness,
ability, and integrity, we but give utterance
! to the truth in these remarks. We don't
care pinch of snuff, because we never
whine over split milk or fret over that which
cannot be avoided, how the Court decides
this subsidy question, but we want it dccid
ed, and the public demands its decision be-
fore the people meet in Convention to nomi-
nate new Judges and State officers. The
Judge who decides against the Constitution
ality of all these subsidy schemes is the one
the people wish to retain on the bench, and
he who holds to the reverse can go with the
subsidytes If the Court fails to decide
this case before the Conventions, then we
hold it to be the duty of both parties, and
especially of the Democratic party to go out
side for its candidates and to allow no man
place on the ticket for Supreme Judge
whose reading and interpretations the Con
stitution is not known on the subsidy ques-
ton.