Collector Malloy

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Collector Malloy - 00 Is thB ....... 1 40 ....... 1 85 ., 1 15 THB...
00 Is thB ....... 1 40 ....... 1 85 ., 1 15 THB we Tha IT SO. three with pro may 62 eighth in- occupied; price a nni each are A. Er- at the bat ready a participate days is to a would RELATION Of THE JUDICIARY TO THE CONSTITUTION. In an article In the current number of the American Law Review, Mr. Meigs, of Philadelphia, discaases very felly the logical, principle of the relation of tho judiciary and the constitution. The article is much more than a resume of past discussions, bat in the course of his writing: on this question Mr. Melgs Gads impulse and suggestion to some extent in a paper on the same special topic read by Mr. R, G. Street, of this city, before the American Bar association last summer, and those Javr- yers who want now to (jo over the, ground might conveniently turn to the proceedings and note the numerous remarks made on both sides of the question there raised -- namely, how- far questions oC public policy may enter into judicial decisions. Hr, Street's paper was vory brief, bnt sufficient to raise and to accentuate a vory fundamental question, and the debate showed a decided interest In it. Hr. Mefgs makes a judicious application of the opinion of Jeffert eon, and a quotation from Von Hoist serves to show that the latter author, though heafnrma the supremacy of judicial rullnga, nofc mertly as to cases, but as to principles, and holds that they should be taken as instructions to tae co-ordinate branches, yet when a case arises where he does not agree with tho court, says the court was wrong. Thia is just what Andrew Jackson or Jefferson would have said . from - their . standpoint when they did not agree with the oonrt. And this reminds one how decidedly Mr. Bayard said last year that the Supreme Court was wrong when it decided that It had no authority over Congress as to the issue of legal tenders, eind that Congress was supreme on that question. . It will readily occur to critical minds that a ccurtj one of tho co-ordinate branches of government, in deciding absolutely as to the limit of the powers of one of tho other branches asserts, assumes or decides for itself, its own powers. There is'no . outside organized power but tho general power of the people to decide whether the court asjumea too much, if ths legislative and executive powers ncqniesce. But -If the court can assume or decide without question what are its own powers it Is indeed supreme, and laxity of interpretation and taa exercise of unchecked discretion ia construction gravitate toward absolute power. With a judiciary invested with tich attributes! there must be an end of co-ordinate powers and the subordination of other branches of government becomes as complete as the judicial supremacy. "Was, then, the judiciary authorized to determine for itself its powers? If so, why was not ths executive commanded in express, terms to xnaintAfn the ronstitusion 03 construed by tbe court? The powers would no longer bs coordinate and on a level at that rate. ilr. Heigs brings up an interesting utterance by Abraham Lincoln in his first inaugural. Evidently re/erring to the Dfed Scott decision, President Lincoln said: ' I do not forget the position assumed by some' that constitutional question? are to be decided bj- the Supreme Court, nor do'I deny that such decisions must be binding upon tbo partle3 to that suit. But It the policy of the government upon the vital questions afrectlne the whole people M to be Irrevocably fixed by tbe decisions of the Supreiua Cou. t the moment they are made, as in ordinary cases between pvttes in personal actioni. tho pao pie » Ul bare ceased to be their own masters, nav- icfr to that extent resigned tneir government into the hands of that eminent tribunal. Hr. Iiincoln acted in a habeas corpus case as he thought the executive had a right to act/ contrary to the chief justice's decision. Mr. Bancroft, who baa given extended study to constitutional history, is thus quoted on the Supreme Court: Tbe decision of that court, in .all cases within its jurisdiction, is final between the parties to tho milt and must be carried into effect by tiie proper o ulcers, but as an interpretation It does not bind tbe resident or the legislature of the United States. * * . To the decision of an underlying question constitutional law no such flnalUy. attaches. * * If it ia right it will approve Itself to the uniTCrsal sense of the lorpartlol. .* * * An act the legislature at variance with the constitution pronounced void. 'An opinion 'of the Supreme Court at variance with' the -constitution is equally This was Jackson's doctrine, opposed by Webster and other Whigs, maintained by the Democrats generally, but subsequently disputed by Mr. Benjamin and other senators on tbe Democratic side in Congress, who insisted the "finaliiy " of the 'Supreme Court decisions in the Dred Scott case. The inora the facts in historic succession are examined, the more is it seen that finality or the contrary is assumed, as interests at stake are favored or notfavored by having.finality accepted. It is seen, tco, that firiality'has not in fact existed, the court is not absolutely bound by its previous decisions. Certain powers are granted, submission, as a matter of fact and convenience, is enforced .upon parties to cases. are subject. The co-ordiuate branches government are not subject. Power tends exercise according to the conditions of its existence. It is a logic in itself. Where there no substantive power to enforce there is no supremacy. The court refuses to enforce an unconstitutional law. Its power against the legislature is a.refusal. Tha other powers refuse to obey if the court seems to' them to legislate or usurp, and the court does not com- mandthe army, so' that constitutionally it Is impotent in a final sense as against the president, elected, sworn to obey the oanstitation, liable himself to impeaohment-for cause; impotent equally against Congress except to negative the operation of on unconstitutional upon tbe citizen. Tbe citizen reserves the residuum of sovereignty in the limitation of powers. · zoom be made for Democratic . subordinates. If Mr. Craln had recommended applicants for office to tho gracious consideration of Messrs. Malloy and Jerome, it would have been a prfma-facie recognition by tbe right of Messrs. Malloy and Jerome to the offices they occupied indefinitely under present administration. In other words, it would have implied a condonation of all partisan offenses or a dismissal of all' charges of offensive .partisanship. Mr. Grain is too clever a politician himself to be drawn into such a predicament. Tbe entire matter ia decidedly interesting. Mr. Grain gives notice that ho has made application, in oom- pany with Senators Coke and Maxoy, for the removal of Messrs. Malloy and Jerome. To my the least, this will not be comfortable news for these gentlemen. If, however,.' as Mr. Grain states, the president will make removals unless upon charges preferred and sustained by eatisfa'ctory' ey^euce, it'will"de- fend much on the past conduct of Messrs. Malloy and Jerome whether they remain their present conditions or not. If they within the category of "offensivepartisan?-," as understood 1 by Cleveland, they will doubtless have to go, . If Mr. Craln · ia ; after their scalps, as he plainly intimates, it will rest him to convince the president that they have been "offensive partisan'!." However this matter moy'termiuate, it Ivmanifost the war for vacating and refilling, tho federal ofQces in Texas has now commenced, and safe to anticipate that its music will be all along the line for the noxt few msnth?. TBE Frluca of Wales nrrivad in Iroland yesterday and-the cable informs us that he received an enthusiastic welcome. The Irish have a reputation for hospitality, and considering that the. heir to the British throne is almost an absolute stranger to them- they doubtless cam'e to the conclusion that It be in bad taste to receive him coldly.' If prince should be made acquainted with indubitable evidences of Irish discontent before be leave* the Green isle, it nod not ^surprise him npr those who are coochlag his tour, however. With no personal ill follng. aeainst prince, tbe great body of the Irish people likely to'look upon him as the representative of the pystem that oppresses them, ; THIRE are n number of Bayard: Democrats ia thin country that havc't yet been provided with foreign mission*, and some uneasiness; Is felt lest they should not go round. Wonder if Cleveland Democrats will stand any show at any time of loitering abroad at their country's expense for a period? · THE members oi' the · Illinois legislature vrould probEWy use snotguns In dally rows were not the caucus committee afraid of breaking tho tie. A KEGliO named Von Home, a Republican, of course, has been elected a member of tbe Kbode Ishiud legislature. This is the first time a colored man has been so honored In I^ew England, notwithstanding tbe fact that all tho 2iew England States, with thpb«iblo exception of Connecticut, have Republican majorities. ; IT ^s delightfully suggestive that-the strongest BlaSrw Republicans are tuerhardesf kickers over the reappointmeut of Postmaster Paar- son. There should be a little comfort In thij for ycmr thoroughbred Democrat. | THE London Saturday Keview is not edified by discutbions as to tho private character of actors.- If does not want to bother about matter, and suggests: "Perhaps there Is just a suspicion of the mood of n; Cruramii3* in Che., fuss which the stage is making: about Its character at present. * D--an her Decency! can she cook. collopsV said the .old Scotch when a cook .was recommended tojher as a ' decent woman.' ' Bother their respectability nd social status!' many people may ory they hear-all this pother about actaW, '. can they act?' No one either aoouses oii defends the private morality of soldiers or sailors or candlestick-makers or painters or ndwspaper men. Can they fight, can they write, ban they paint, can they moke candlesticks! These are the only important matters." . . EVIDSSII.Y Gentleman George is expecting to remain abroad for sosio length of time. has sold his Cincinnati residence and is arranging for the sale of his Newport .cottage. Under these circumtaaces he must expect to be able to maintain amicable relations with Bismarck, · even with the fate ' of Sargant staring him in the face. One thing Is certain, if George hopes to bask in Bismarck's smiles he must give the cold shoulder to the American hog. · ONE of the strange taings brought out by Cleveland's nomination of a consul to Manchester is that Mr. Howell, of Atlanta, is merely a captain. And he has been a lifelong Georgian, too. REPUBLICAN CHIEFS AXD -023/0- CRATIC SUBOBDltfATE£ In an interview published elsewhere Congressman Crain speaks plainly and-emphatically. There is no doubt in Mr. Grain's mind under a Democratic administration offices, be vacated for cause, should be filled by Democratic successors/ From some of bis re* it would seem as .if a little -trap bad set for him by the chief Republican officials of bis district If General Malldy and Jerome could stock their respective cus- tom-bouses with Democrats on the recommendation of Mr. Crain, there 10 no that Mr. Crain would be placed an embarrassing position if he recommended the removal of tbe collector of port of Galveston or the collector at.Cor- Cbristi to the president. That Collector should offer to appoint subordinates on recommendations of Mr. Crain is a quasi- eonfefsion of partisan action heretofore in excluding Democrats from his custom-house. auybody, for instance, believe that either or Jerome would respect Grain's regarding the employment of subordinates If Blaine had been elected president instead of Cleveland? And if the Republican collectors think that Democrats should now be for the ,first time since the war in custom-house, why should not Democrats that a Democrat is as much entitled to the collectonhlp as to a subordinate otHsa? In weakening with regard to positions under thoni logically-weakened with regard to their positions. If they can justly'claim continuance in office under a Democratic administration, the subordinates who served under them are no more partisan than they, may jast- claim a. like, continuance. Tot', only by discharging Republican subordinates can as once again whipped tbe Chicago editors. His margin has been pretty narrow this time, though, and another effort may get him off his pins. A DEMOCRATIC victory In Michigan sounds mighty funny, seems to be a fact. One of these days Iowa and Minnesota will wake up and treat the nation to a surprise party. THE outlook for Latter-day Saints In Arizona is 'not' 'inviting. Bishop Steward and Elder Robinson pleaded guilty to the unlawful cohabitation, at Phoenix, in that Territory, and the judge consigned. them to ninety days in the territorial penitentiary. It looks as if the days of polygamy were numbered. THE French* government should send-a commission to this' country to notV how smoothly we swap administrations. IT Is about time to hear of Ben Butler his respects to tbe administration. Blaine has done the graceful, and Butler has-been in. the tabit of following Blairie's snitr. - BBEWSTER did not surrender his frilled shirts -when he gave tip the attorney-generalship. He ought .to have left one at least be- Mod him to cive'Garlaud something to laugh at. They do ssy that Garland wears the same shirt for a week at a time, when the weather is not too warm; If Brewster should hear this all hcpts for the future of bis country will desert him. CARTER HARRISON'S majority is hardly big enough to make a pedestal for a senatorial boom. __ _ A BE'P'UBLICAN' has been elected mayor of Cincinnati by a heavy majority. This probably can be accounted for on tbe Kr-onnds that the opposing candidate was more of a Mc- Leacite than a real Democrat. own A KIo shooting of An town Pass. tbe imported introduce hag among eood dally the CoiKCTOEyCES" sometimes tarn up la remarkable profusion. Tuesday nlghfc THE NEWS received ££ty special dispatched from that number of correspondents at different points of the State, snd each, dispatch began: (( Tiieelection to-day pesscd off quietly." ; - Pact. THE care that the president took to safe forth his reasons for removing a postmaster will not give muqb. comfort to tfae-Bpoilamen seeking oifices. ~Sd : far-asthe actiot.. : gpe»/ificreates a presumption-that removals will not be made except for bosinees cause. cure .much as not the of trfal its of to taken The sels the least from Guy York, The Chesapeake r?ceive portion over and : . are ·lines, route lonff arrival 'steam filled ·wilh p)anned harbor, all to tho supremacy. A Lumberman, ·the to timber tjer of ,' Ohio ton, veBtmett

Clipped from
  1. The Galveston Daily News,
  2. 09 Apr 1885, Thu,
  3. Page 4

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  • Collector Malloy

    TXHooper – 08 Sep 2013

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