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We Do Not Seem To Meet The Views Of

We Do Not Seem To Meet The Views Of image
Parent Issue
Day
6
Month
February
Year
1874
Copyright
Public Domain
OCR Text

the Dotroit Tribune in our sccond item touching its concurronoo in the decisión of the Texas Supremo Court and tho coinparison betweeu the effects of that decisión and the decisión of the Michigan Supremo Court in the Salem case (the sui t against Salem under tho railroad aid law), which by an act of the Legislature was held uuconstitutioiial. Tho Tribune acknowledgos that tho de " cision in tho Michigan case is binding upon Michigan Courts and officers, the same as in the Texas case ; but avers that the decisión of the Supremo Court of the United States holding tho railroad bonds legal andcompelling their payment would be in no sense a revorsal of the decisión in the Salem case, and to use its own languago, that " Whatevor the Washington court may be decide, the Salem case will still determino absolutoly what tho provisions of tho Micüigan Constitution are upon this point." Iu which caso we shall soe, wo suppose, a United States Marshal, aided perhaps by a company of United States trpops, enforcing tho collection of taxes (to bo levied by State officers bound by the decisión of the State Court, or by whom, Mr. Tribune?), topay bonds issuod under a law held unconstitutional and al iiiitio void. A Circuit Court hears appeals from a justice court and ro verses tho decisión ; an appeal is taken from a Circuit Court to tho Supremo Court and the decisión reversed. But becauso tho appeal is nottakon from the Suprome Court to tho United States Supremo Court, but a new suit commenced by a íiew party for the same debt - say rdilroad aid bonds sold to "innocent purchasers" -and judgment given, the Tribune will say thero is no reversal, l'cchnically this may bo so, but it is worse ; it is overiding tho State Supreme Court. Tho talk of the Tribune about " repudiation" and " tho will of tho peoplo not to pay its honest debts," is the merost claptrap, unworthy a journal discussing principies, and should only be resorted to by a pettifoggor with an intense anxioty to win a caso. A few towns and cities had contracted or gone through tho inotions of contracting debts ; in some with tolerable unanimity, in othersby a bare majority. The Sfate, without regard to locality, in defense of a principie, refused to amend the Constitution so as to compel localities to pay such illegally contracted debts. This is not repudiation, and tho " innocent" holders of any bonds so illogally issued havo their remedy against the parties of whom they obtained them, - be they railroad officers or agents or town and city offioers issuiug illegal paper. This takos away tho element of ' repudiation." We made our original suggestion, exposing the Tribune' t inconsistency, without the least desire to enter into a " controversy" with that journal over its " own conduct," but with the sole interest of the public in view, regarding the tendenoy of the United States Courts - District, Circuit or Supreme - to grasp jurisdiction and assume power - say the construction of Stato statutes or State organic laws- which belong to the State Courts as only evil and dangerous. Tho "controversy" is by no moans a personal one with us. In ANOTHRB column we give place to aa article from tho Kalamazoo Telegrapli, presenting the points made or claimed in the "Kalamazoo School Case," which promises to be of more than local interest. We do not know what special legislation the Kalamazoo district has had, or whether its high school is legally authorizod by such special legislation. But if it has a graded school, established either by special legislation or under section 148 of the general or or primary school law, we have no doubt of the right of the board to make of oneof its schools a high school, and to make the tuition therein fvee in all iranelies, provided that the pooplo will vote the money at an annual or regular meeting. By no possible torture of any constitutional provisión can this be provented or forbidden by judicial decisión, and nothing but deftnite legislation can deprive the people of Kalamazoo of the right to maintain a high school with such courses of study as thoy may chooso to vote taxes to pay for. The constitutional provisión requiring the Legislature to " provide and establish a system of primary schools, whoreby a school shall bo kept without chargo for tuition, at loast threo months in each year, in every school district in the State," and that "alli'nstruction in uiid schools shall beinthe English language," does not ]rohibit the Lngislaturo or the primary achool districts froin providing schools for a longer term than three months, or schools of a higher grado than definod by the word primary. Neithcr did it mean that French or Germán or any other language should not be taught in the public schools as any other branches or studies are taught, but simply that euoh schools should not be conducted and the branches therein pursued - say grammar, arithmetic, &c, - taught in a foreigu language, to the oxolusion of the English, as had been done in Pennsylvania and somo othor soctious. And that wo venture to predict is all the Supremo Court will ever hold. We suppose thatthero issuch a virtue as spigot-saving, else there would be no foundation for the old maxiin about " sa ving at the spigot and eaking at the bung." It was this virtue that Mr. Carpenter, President pro tem of the United States Senate, a few days ago flaunted beforo that body and tho world, when he asked the advioe of tho Senators conceraing a " requisifcjon" coming from the reporters gallery, and oalling for stationery, which term ia this caso included paper, pencils, envelopes, etc, for the use of newspaper correspondents. It would havo been pro, per and laudablo for Mr. Cabpexteb to have refused to make tho order, quietly squelching an abuso no moro saored bocauseof longerorshorter tolera tionjbut the flouriah of trumpots with which ho sought to scütch his serpent shows tho demagogue and tho gallad jade. Mr. CabpenTEB is reported as saying : " The presg of the country has called attontion to abusos growing out of the contingent fund of the So jjate. Ho was aware of but ono (never having heard of tho cologne and corsets and other articles for the toilet, etc., furnished Senators and their wives), and that was furnishing statiooery to tho reporters' galleries of tho iSeuatö. IJe liad signed throo orders already for that purpose, and thia morning found another on his table awaiting his signature. He had Bearohed and could not find any law authonzing tbo President of the Sonate to give such order, but bolioved it liad been tho custom. If ho had violated the law in signing tho orders ho wa3 willing to give a check for the amouut, as ho signod them in accovdancs with custom without an examination of tho law." - And COWKLING piped in and got a little revengo upon the correspondents, after which a committee was appointed to investigate and report touching the propriety of stopping tho loak. Let it bo stoppod by all moans. CoxüKEsa lias njatureil nothing duxmg tho lust week, but tlio two branches are still harping on my three grannios : tho curreney, tho liankrupt law, and the Louisiana question. A special meeting of tho Michigan Publishers Association lias been called, to be held at Lansiug, in the Sonate Chamber, on Tuesday, the 17th inst., at noon, to consider the postal lav, etc. PllESiDUjcx Cummixgs of tho "VVesleyan University, Middletown, Conn., having rosigned, our late fellow citizon, Dr. Haven is being written of as the probable successor. It is his alma mater.

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Subjects
Old News
Michigan Argus