| Show JUDGE EWIS t J ED The supreme court handed bANded down cl wn an all opinion yesterday upholding the tile constitutionality of ot the act of at the thelast thelast last lut Legislature MIjI D the tho number of Judges In q the Third l Judicial district to four Jour It Ii tl l that Judge Thomas D Lewis who was WIl appointed a by b Wells to till the position created by the tho th act Is III legally entitled i ito to act net an at judg j aid of ot the tho attorney r r a ouster I I Is denied C Justice wrote the opinion of at the court which In Is concurred l In by y Chief Justice andi The opinion in as asIt a follows t It must be toe conceded that If it such Buell a lImitation act U is void and must ho be declared 1 BO so o Tho The question then bert In is l Hid legislature L tran transcended Its Us p In III this thill enactment nt Jn itt 11 not b be for tor that hint t tit exercises the function of ot n 1 to branch of ot the tue state government U It Is U within Its it province to make Its powers to legislate upon nil alt subjects subject and for tor all 9 of or civil government Is I absolute lute Jute ut Inherent nod and plenary except as III limited or controlled by the constitution constitution tion of ot this late elate ate or of tho the United States Invested d with such bow pow lOW lOWer cr er unless u It acts In violation I of at the constitutional restraint C Ile he courts have blare no authority to declare Its enactment void old however unnecessary or ot unwise It Il may be beThe beThe beThe The final linni question Is under In Interpolation In Ic I the act net In question n a violation of ut tho constitution Wo Vo think not Tho rho Th act do dots does not appear to bo ho of at constitutional restraint An examination and comparison of or It with the tho provision of ot the paramount law do tb not appear to manifest t a 11 conflict but een oven If it It were admitted that I 1111 In constitutionality were fer in doubt then thena as a wo we tiara havo seen Been such doubt would have hap tn to be lie resolved In favor of ot the validity of ot lie tue net act acle We Ve e are nrc of ot the opinion that the I enactment by virtue Irlue of ot which the de tie wa vas appoint And In I Anus of or which he Is II discharging dl ing the duties of vt the office anil claim claiming claIming ing the tIle emoluments thereof was tras a val valid valId nl id III exorcise of o legislative power that the prayer rAer of the attorney gen general general eral to oust the Incumbent from the tho mua bo be denied |
