2



question of the constitutionalitv of tan Act of the
Legislature is the gravest and most delicate duty the
judiciary are commanded to perform. My observa-
tion has been that the courts are disposed to indulge
the presumption that the Legislature has been faith-
ful to its obligations, as all members of a legislative
body are sworn to support the constitution, and all
acts of the Legislature are presumed to be adopted
pursuant to the constitution. And this presumption
must stand, unless the contrary be clearly and un-
mistakably shown. And I am sure that when the
Judicial Department is called upon to declare tnat
the Legislature has invaded the constitution that it
cannot shrink from the inquiry, but will approach
it with caution, and will examine the question from
every possible standpoint; and will not declare the
legislative act unconstitutional, or that the Legis-
lature has transcended its powers, unless it be clearly
proven that the law and the constitution cannot co-
exist.
  Under our form of government the legislative
branch is supposed to exercise its greatest wisdom and
best judgment as to the merit and correctness of its
acts, and the courts must construe them so as to carry
out the intent of the Legislature, provided they can
be so construed as to harmonize with the constitution.
All doubt on this point must be resolved in favor
of the constitutionality of the Act in question. On
page 590, of volume 27, of the Encyclopedia of
American and English Law, this language is used:
"If the question be doubtful or dubious, it is the duty
of the trial judge or court to indulge the presumption
of constitutionality in favor of the statutes."
  In support of his contention that the law is un-