De Chastellux v. Fairchild
| Decision Date | 15 July 1850 |
| Citation | 15 Pa. 18 |
| Parties | De Chastellux <I>versus</I> Fairchild. |
| Court | Pennsylvania Supreme Court |
2. The act of 16th March, 1847, cannot be held to affect this case: 1st. Because the act applies to number 240, of May term 1840, and this suit was numbered 244, and was instituted against Fairchild and White. 2d. If the act does apply to this case, it is unconstitutional; the power to grant new trials is in the courts, not in the legislature. The only case where it has been exercised by the legislature, was in that of Braddee v. Brownfield, and there it was condemned by one member of the court: 3 Greenleaf 326; 4 id. 140; 2 Chipman 77; 1 N. Hamp. 199; 1 U. S. Digest 565.
W. Watkins, for defendant.—The verdict was against the charge, but the court refused a new trial, and defendant had no remedy but an application to the legislature. The act in question does not impair any legal right; it only furnishes a remedy to reach the right of the defendant. The legislature of this State have the power to direct a new trial. He referred to Norris v. Clymer, 2 Barr 277; Braddee v. Brownfield, 2 W. & Ser. 271; 2 Peters 413. There is nothing in the constitution forbidding to the legislature the exercise of such power.
The opinion of the court was delivered, July 15, 1850, by GIBSON, C. J.
If any thing is self-evident in the structure of our government, it is, that the legislature has no power to order a new trial, or to direct the court to order it, either before or after judgment. The power to order new trials is judicial; but the power of the legislature is not judicial. It is limited to the making of laws; not to the exposition or execution of them. The functions of the several parts of the government are thoroughly separated, and distinctly assigned to the principal branches of it, the legislature, the executive, and the judiciary, which, within their respective departments, are equal and co-ordinate. Each derives its authority, mediately or immediately, from the people; and each is responsible, mediately or immediately, to the people for the exercise of it. When either shall have usurped the powers of one or both of its fellows, then will have been effected a revolution, not in the form of the government, but in its...
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...... Constitution. One of the best expressions on the subject is. that of Chief Justice GIBSON in [345 Pa. 592] De. Chastellux v. Fairchild, 15 Pa. 18, where, speaking for. this Court, he said: "The functions of the several. [28 A.2d 903] . parts of the government are ......
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Jakomas v. McFalls, Civil Action No. 01-2329.
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