SOME RECENT CRITICISM OF GELPCKE VERSUS DUBUQUE BEING THE SHARSWOOD PRIZE ESSAY FOR 1899, IN THE LECTURER ON BUSINESS LAW AND CONTRACTS IN THE COLBEGE, SECTION II.-THE PRINCIPLE UPON WHICH THE CASE WAS DECIDED 3 A. The federal courts are bound absolutely to accept the state court's interpretation of state statutes B. The decision was based on the theory that the state courts' reversal of interpretation of the statute was a law impairing the obligation of contracts SECTION III.-THE DISSENTING OPINION OF MR. JUSTICE A. The judicial construction of a state statute becomes a part of the statute, as much so as if incorporated into the text. B. The federal courts have, in fact, treated the judicial interpretation of state statutes by state courts, as being the law, not merely the interpretation of the law 34 36, SECTION V.-DISCUSSION OF THE CASE ON PRINCIPLE A. The rule in Gelpcke v. Dubuque has never been disputed by authority 55 57 B. Is the function of the American courts, when deciding as to the validity of legislative acts, a legislative or judicial function? .. (1) THE STATUS OF THE POWER TO NEGATIVE LEGISLATIVE ACTS IN EUROPEAN COUNTRIES ба 60 (2) AN EXAMINATION OF THE OPINIONS OF THE FRAMERS OF THE CONSTITUTION, AS EXPRESSED IN THE FEDERAL CONVENTION 67 (a) The end which the framers of the Constitution had in view. 67 (b) Methods proposed by which it was intended to accomplish this purpose (c) The clause or clauses in the Constitution, by virtue of which the courts obtained the power to pass upon the validity of legislative acts. (3) THE MANNER IN WHICH THE EXERCISE OF THE POWER WAS RECEIVED BY THE COUNTRY. C. Concluding observations. SECTION VI.-SHOULD THE PAGE 77 81 SUPREME COURT ALLOW WRITS OF ERROR IN CASES SIMILAR TO GELPCKE v. DUBUQUE?. A. An examination of the cases similar to Gelpcke v. Dubuque which have come up by writ of error to state courts and have been refused consideration. B. An examination of the cases coming up by writ of error to state courts where the act involves a contract C. The question of jurisdiction examined on principle . |