| Show executive and judicial power the second section of article third of the tho constitution of the united states defines the power of the judicial depart dopart department ment in the following words worda The judicial power shall extend to all cases in law and equity arising under this constitution the lassof the united states ac and controversies to which the united states shall be a party the second article of the s ame same instrument points out the duties and defines the power of the president of the united states among other thing things he has the power to make treaties by and with the advice of the senate and he be shall no minate nominate and by and with the consent of the senate shall appoint ambassadors and other public ministers and consuls judges of the supreme court and anti all other officers of the united states whose ap api 1 i point ments are not herein otherwise provided for and which shall be established by law and he shall take care that ia thel he 1 1 aws alws be faithfully executed and shall commission all the officers of the united states article 6 declares that thia this s constitution ution and the laws of the unite states which shall be made in pursuance thereof I 1 and all treaties made deor or which 8 shall bo made under ga t the e authority of the united states shall be the supreme jaw of land jand and thea udger in every state shall be bound bourla thereby our attention has been called to these pro provisions v inions of the constitution frem reading in the salt lake papers same statements concerning tho the decision of chief justice shaeffer in the patton contempt case we announced yesterday that the judge had decided that col patton was in contempt for disobeying the in M injunction unction and that a nominal fine had purged the tha contempt theae the action of the court in ass assessing easing a fine was highly proper and as the question of the amount of punishment was in the discretion of his honor we have nothing to urge against his ruling as to that point but as J judge shaeffer is reported to have gone outside of the simple question of contempt and stated in open court what would have been his action under a state of circumstances which did not exist and has thereby expressed his ws opinion i lon ton upon a question not now aeu but t which ml might ht at some time come be before bhore him a course seldom pursued by courts ebe ejae where we deem ib it no discourtesy to him and a privilege of the press prees to comment upon the construction he puts upon the law which he is sworn to administer if jr therefore ewe owe we have received a correct impression of what the judge said on saturday it amounts to this col by disobeying the injunction was in contempt but if instead of the act of di disobedience so bedi ence that of fleer of the government ern ment had come into courland cour tand replied to the injunction that lio lie was acting asan as an officer of the government ern ment then and in that case his honor would at once have dismissed mh sed the tho proceedings and vacated the order enjoining the sale if this course is in conformity with the constitution arnd arid the laws how we would inquire does docs his honor onor dispose of the provisions we have havo lave quoted which extend the power bower of the judiciary to all cases in n law and equity in it which the united stat states s is 8 a party in the matter of stumpage pago in which the of officer fleer of the government claimed the right to take possession of and sell a lot of lumber in the possession of and claimed by ex mayor wells was not the united states a party if in the above case the united states was a party did not the 19 power of the third district court extend to the ease case if then the provisions of the constitution which we ted led aro are portions of the supreme law of tho tiie laud how can a court 1 whose judges aro are boun dby th the laws of the land wt set these provisions aside and declare that the court has no power to stay the proceedings of a person who alleges that he is acting as all au officer of the I 1 united states with due duo deference to his honor we feel constrained to say that the position assumed if really realty that tha t of the third district court is all an untenable one and if it bo be said that his decision is made in conformity with opinions 1 i ons expressed by a higher tribuna tribunal and is therefore binding upon his court we have to say that I 1 bif if it has become the settled docar doctrine ine lne of our law courts that they themselves tem selves are powerless against the apse ipse digil of an officer of the government ern ment then have we indeed fallen upon evil times and in this thip centennial year instead of living in a land of order where civil laws are held to bo be E eu preme we aro are overshadowed by a despotism worse than that which our ancestors threw oft off a hundred years ago there are in the united stab states a s seventy thousand omm off meers officers of the government nearly all of whom belong toone to one political party and ami have received their appointments directly or indirectly from the executive and who owe allegiance to the party will his homor judge shaeffer contend that these F seventy seventy thousand officeholders office holders outrank lin im in powei rowel 0 wei and yet that is just what olat E lle tie e has decided if be he has been correctly reported ogden aun junction tun coton oct 10 slavery SLAVE snave BY STILL EXISTING at the late meeting of the british association for the advancement of science a paper was waa read by rev aaron buzacott on slavery still exist existing in g slavery now prevailed in turkey egypt agypt persia tunis morocco madagascar portugal afghanistan in the dominions of the of zanzibar and among the different tribes of most east aud and central africa po atu gal bad tho the will but not tho the power to abolish slavery throughout her territories on the southeast coast of africa spain stood alone among the christian nations of europe in resolutely maintaining slavery in spite of treaty obligations with great britain in A asia abia gawith with the exception of british india 8 lavery slavery was extensive coextensive co with islamism in the united states slavery and the slave trade had been utterly abolished but they still lingered in south america hi inthe hithe in the E empire of brazil where african were held in bondage the annual drain on africa consequent on slavery was estimated at and it was computed that at the lowest addie Aftic africans atts arts crossed the sea into sl slavery avery ayery 11 ex AUCTION SALES AND BOTTOM PRICES there is nothing like a great auction sale to fix prices restore confidence abild revive business two important american industries dus du tries now experience the he healthful effects of this sovereign remedy for stagnation the dry goods trade was steeped in the very dregs of dullness when an enter enier enterprising nir fir firm m threw an immense volume of assorted cotton fabrics on the market at public auction without re reserve erve as if in sheer d desperation pe ration theli their announced purpose was to touch bottom if bottom there thorp was to what seemed then an unfathomable abels to find out once for ait air what the goods they had to sell were really worth to the tiie trade to tp br break e ak u up 1 the lethargy which enveloped the dry goods business like a palf pall the experiment which seemed so reckless to the tho wiseacres wise acres proved successful to sellers seller sand and to bu buyers ye r 8 alike it fixed the tho minimum prices of the fabrica fabrics so ati it gave assurance to buyers that tiley they could safely purchase at those rates it stimulated tho the wholesale and retail dry ghods trade in all its veins the bottom had bad been touched the boist was vas known thenceforth the dry goods buides s took a new start other oilier auction sales confirmed tho the wisdom of the policy so boldly initiated emilii emilli lence was measurably restored and the tr trade a d e la Is now on the sharp upward turn to prosperity wo we hope bope lyew new arl journal of commerce oct 5 |
