“Under our system, it is said that sovereign power resides with the people . . . . They have divided and subdivided the powers of government, with such power in each division or department or branch as they deemed expedient for the good of the public . . . .”
How later courts described this case
- “Under our system, it is said that sovereign power resides with the people . . . . They have divided and subdivided the powers of government, with such power in each division or department or branch as they deemed expedient for the good of the public . . . .”
Written by the judges who cited it.
The opinion
MONTGOMERY, J.
(concurring): I concur in the opinion of the Court- that the defendants are entitled to hold the offices they are now in the possession of. In this forum, however, I do not wish to be considered as passing any criticism either upon the action of the convention of 1875, or that of the General Assembly of 1897, in its enactment of the law which has been considered by the Court in this case.