BAKER v. CARR.
186
Opinion of the Court.
recover depended upon which of the two groups was
entitled to such recognition; but the lower court's refusal
to receive evidence or hear argument on that issue, its
charge to the jury that the earlier established or "charter"
government was lawful, and the verdict for the defendants,
were affirmed upon appeal to this Court.
Chief Justice Taney's opinion for the Court reasoned
as follows: (I) If a court were to hold the defendants'
acts unjustified because the charter government had no
legal existence during the period in question, it would
follow that all of that government's actions--laws enacted,
taxes collected, salaries paid, accounts settled, sentences
passed-were of no effect; and that "the officers who
carried their decisions into operation [were] answerable
as trespassers, if not in some cases as criminals.""4 There
was, of course, no room for application of any doctrine of
de facto status to uphold prior acts of an officer not
authorized de jure, for such would have defeated the
plaintiff's very action. A decision for the plaintiff would
inevitably have produced some significant measure of
chaos, a consequence to be avoided if it could be done
without abnegation of the judicial duty to uphold the
Constitution.
(2) No state court had recognized as a judicial responsibility settlement of the issue of the locus of state governmental authority. Indeed, the courts of Rhode Island
had in several cases held that "it rested with the political power to decide whether the charter government had
been displaced or not," and that that department had
acknowledged no change.
denied because, the federal courts then lacked authority to issue
habeas for a prisoner held under a state court sentence. Ex parte
Dorr, 3 How. 103.
46
7 How., at 39.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents