Show THE MAHDAHU8 Associate Justice Twiss read bit decision yesterday aitei noon RS to the demurrer filed by the respondent in tffo application of Georg Q Cannon for a writ of inundate to Acting Governor Thomas to ieaue i to the petitioner pe-titioner a certificate of election KB delegate to Congress Tne text of the decision is printed elsewhere in this iteuo1 the HERALD The court SUE hiDS the demurrer aa to certain of its grounds but overrules it as to otbert There was virtually but one essential point in the demurrer for the court to decide and that it ruled against the petitioner la the plain language of the laity his honor holds that the court has no right to interfere with the Governor to compel him to do what Mr Gannon wanted him to do namely to certify that be Cannon was elected to Congress Con-gress The ccurt eays that the ex ecutivo is a coordinate branch of the government its duties are defined and the court cannot compel the performance per-formance of those duties This may bet the law though there is a differ S ence ot opinion among legal l putle men as to the matter We are pleased to believe his honor bOB satis fled himself that his view is the correct cor-rect one Butadmitting that the law haa been correctly interpreted in what condition does it leave matter PunlyiMd I Simply thistbe governor is I above fne law He can do what he I pleases and being a coordinate branch of ihe gorrrumentbo courts can neither punish nor rejtriin him S It is u queer doctrine to be advanced in1 republic where all ure pre Bumed tobe amenable to ana cquI I before the law It seems strange ttmt any office has been created the incumbent of which c is responsible to no power and can be proceeded against in no manner for hi > wrongdoing yet this is tbe = caseifJudge Twiea correctly states the law It also furnishes another powerful argument in favor of abolishing abol-ishing the infamous territorial syt temwhich permits a thing so cruel and unrepublican as this Tne peo pie of a state have tbeir remedy in tbe case of such roguery as Murray has been guilty i of They can impeach S the executive and bring him to punishment pun-ishment The executive officers of I the nation are amenable to tbe law and cnn be regularly proceeded against for neglect ol duty or the exercise ex-ercise of powers not belonging to their offices But the governor of a territory can override the statutes and snap hs fingers at the courts and outraged people He is greater tban all A king could be no more than he And tbia is the broadly liberal republic of the United States The people of the territories cculd not be s justly censured if tray sometimes wished for a monarchy rather than a continuance of the rule that denial them all the rights of citizenship aid z makes them the slaves of any plug or pothouse politician that a thoughtless thought-less or wicked president may tend it them as monarch A king doe sometimes listen to the appeals of his 6ubjictsnnd heeds their prayers for 5 relief from oppressive functionaries but how often Joes a president of the United Stales fcive attention to tbe cries of the people of a territory who ate being spit upon degraded plundered and oppressed by tome i bilking reprobate sent among or rather above them by the federal power I Governor Murray disregards I his plain and sworn duty he sets asidelhe election statute and falsifies falsi-fies his oatb one candidate he does 2 not like but another is his friend and thoughthe latter was repudiated b thevoters Murray declares him elected The people are robbed of their right to vote unless they vote for the person designated by the governor But the executive may note touched He ia above the law anl beyond its reach If he bad thought more Judge MoBride or of 1 iA Bob Wllliami each of whom received one or two votes thanhe did of tbe Frisco millionaire he could and probably would bavegiven thecerti cate election to one of them when the law could not have interfered to prevent tbe infamy This is a queer I condition of afiairs to fay the least As to the delegateship the action In ceurt yesterday docs not afieot the matter in any way Campbell gains nothing from it and Cannon losses nothing by it The case would have been the same had the demurrer been overruled The courts cannot decide wno is tbe delegate The House Representatives ii i thejsolc judge of that matter and will decide the question regardless of what tho courts may say We have never had any doubt concerning concern-ing tbe outcome as between Campbell and Cannon All of the money of the Friscoite cannot hold for him the seat into which his pal l proposes to elevate him Congress will never permit 10 gross an outrage to fucceed no matter what member i may think of Cannon personally or of his religion We presumo everybody every-body here understands that tbe proceedings pro-ceedings in the court are not for the purpose of obtaining tbe delegate seat for Mr Cannon aa the fight for that mil have to be made in Wash ngton when the proper time arrives In the meantime we are pleased to note that the question in tbe court is to be carried to a higher tribunal It has become one of very grave importance im-portance to the people of the territory outside of the matter of the delegate hip If Judge Tense decision is good law it ie time thejterriblotruth was known and if it is not good law and be Governor is not beyond the reach of the statute the fact should also judicially statgd |