Carpenter Quotes Judge Cooley

When Senator C árpente r made his recent speech in favor of his Louisiana jill - a bill ordering a new electioa for Governor and Statu officers - he quoted Judgo Coolby in censure of the irregular, unwarranted and illugal aetion of Judgo DniEi.i., who assumed jarisdictton in bohealf of Kur.i.ocu. The citation was from a note by Judge Goor.EY in liis recent edition of " Story's Commentarics." We quote the noto in full tbr the benefit of our readers : The recent oasi! of Louisiana demónstrales that tlioru may bc greator wrongs than even tliu wrongful refusal by Congress to recognize the legitímate government of State, and yet no speedy and effectual reniudy be attainable. Such action on the part of Congress would at least be that of u proper authority, and would iiuply deliboration and be supported by a presuinptiou of duo regard for the public good and for the supremacy of tlie law. But in the oiso of Louisiana in 1873 an inferior Federal judge, without a shadow of authority, and consequently in defiance of law, and for that reason supported by no presumptiou of correct motives, and with scarcely a pretenso of observing oven the usual forms, by the process of his court, aided by a military torce, installed in power a Ktato govorntnont which he sided with as against rival claimants, and in consequenoe of a pressure of business in Congress precludiug prompt attention to the case by that body, has been enabled to sustain this government in power until the present timo. Mr. Justice Story has with raason predicted that " if a despotic or monarchial government ware cstablished in one State it would bring on the ruin of the whole republic." What government can be more dospotic than one elected by an injunction and continued in power by a military forco under the order of a judge who, having no jurisdiction, is rostrained by no law but his own arbitrary will ? - For the facts of this unparalleled wrong we refer to reports mado by the Judiciary Committeo of the United States Senato in February, 1873. The caso requires no further comment than it there receives. The dullest mind cannot fail to seo that the facility with which the wrong is committed and the possible iramediate advantages which individuals may derive therefrom present constant teinptations to its repetition, and if suffered to pass once unrebuked a precedent will be tacitly asserted which cannot fail to threaten constant danger to our liberties, especial ly at those periods of high political excitement when prudence, caution and the strictest regard for the Constitution anc the laws are most important. What party or what political leader can at such timos be expeated to pay scrupulous deference to the laws if a judge may ignore tliem with impuuity 't It was thoughi the climax of wrong had been reachec when a local judge in one of the States could seize upon the property of individuals and corporations through hisinjunctions and mandates, and plunder thein through receivers, but he at least was no acting wholly without jurisdiction, and i: ho seized property ho did not venture to go so far as to make the liberties of tho poople the subject of a receivership." Our only comment, and made with a full indorsemont of tho views of Judgo Cooley, is : Can two wrongs mako one right ? Judge DuilELL, acting in ful sympathy with tho Washington adminis tration, usurped jurisdietiou not belong ing to his court. But where does Con gress get the right to interfere and order a new election for Stato officers? Woulc that bc any less a usurpation 'i Each House being the sole judge of the election and qualifications of its own mem bers, tho Senato can no doubt rejec Pixchback, holding his election illogal or the House tho mem bers accredited to it. Isn't that the end of its rope'r1 O has Louisiana less rights to bo respeclee than Michigan p If Congress will keei hands off, Louisiana will settle its own difficulties and differences the sanie as ha Texas. JüDGE Bltovx announced his discis son in the Kalamazoo High School case on Monday, denying the application fo an injunction. His opinión is a lengthy one, and holds that Kalamazoo has a High School lcgally established ; that the board of trustoes have tho right or powe to prescribe tho courses of study ; ani that tho constitutional clauso requiring all instruction in the schools to be conducted in the English lunguage does not prohibit toachin;"foroign or deac languages in such schools. It is intimatec that an appcal will bo taken to the Su premo Court, where wo iiave the utmosi conftdence the decisión of Judgo BitowN will bo confirmed. - The Free Press indorses tho docisioi in its legal hearings, but thinks that there ought to bo some deünito limit fixcd to taxation for schools. Tho limit is tho will of the tax-payers, and wo know o: no othcr reasonablo ono. If tho wealthy are to be taxed to give the children o: the inasses a primary or grammar schoo education, can the Free Press assign any reason why a portion of the taxes they pay should not bo expended for the instruction of their children in tho highei branches. Bosides, without good, efficiënt, thorough high schools, with extended and liberal courses of study, we shall have poor and worthless primary schools. The schools are really but one system - tho high, gramniar and primary grades dependent links. If a citizen, aftor paying his school taxes, chooses to send his children to private or sectarian schools it is a personal matter and, by no means furnkhes an argument against tho public schools. We are no beliover in homeopathie oducational advantages for tho masses. Ijst DISCüssing last wook tho nature, limitations, and efteots of a decisión oí the Supremo Court of the United States holding tho railroad aid logislation ol Michigan valid and giving judgment in favor of tho (innocent) holders of the railroad aid bonds, wo omitted an illustration which ought to convince ovon tho Detroit Tribune that such a decisión would be practically and absolutely a reversa) of tho decisión of the Stato Supremo Court construing the State Constitution. When a Uuited States Court gives judgment against a dcbtor - individual or corporate - execution issues against the property qf the debtor, and if tho Marshal or bis doputy can find any ho soizes, advertises, sells, and collects tho debt with costs. If he can find no property owned by tho judginent dobtor he can only return his writ unsatisfied, and the creditor must wait, Micawbor liko, for something to turn up. Not so witli ono of these judgruents agaiust a town or city. Finding no city hall or town house to levy upou, a mandaraus issues directed to tho city or township ofllccrs, and commands them to levy and collect taxes to tho ainountof the judgment with costs. And thsn we havo local officers - oíücers bound, by the Tribunes own concossion, by tho decisión of the Stato Supreme Court - collecting taxes in vwlation oj' iátute latos, or without the warrant of State laws, to pay debts held by the highest State Court to havo been illegally contracted. Comment is unnecessary.