mergency."

The results of the contrary doctrine are well stated by the same court
in _Perkins_ v. _Philadelphia_, 156 _Pa. St._ 554. "If laws in
conflict with the constitution be passed by the legislature, approved
by the governor and sustained by the court, that is revolution. It is
no less revolution because accomplished without great violence. It
matters little to the house owner whether the structure built to
shelter him be blown up by dynamite, or the foundation be pried out
stone by stone with a crowbar. In either case he is houseless."

One desirable result of this doctrine that the courts when regularly
invoked can and should refuse effect to an unconstitutional statute is
that it ensures to every person, not in the military or naval service,
the right to test in the judicial courts the authority of any official
to interfere with his person, liberty, or property, whatever
authority, executive or legislative, the official may plead. In France
and other countries of continental Europe questions of the existence
and extent of the authority of an official in his action against
individuals are triable, at least at the pleasure of the executive,
only in administrative tribunals, that is, courts pertaining to the
executive department and instituted to assist that department in the
performance of its functions. The aggrieved individual can only apply
to the superiors of the official complained of. Such tribunals
naturally incline to uphold the authority claimed, and indeed can
lawfully allow the plea that the act complained of was ordered in
pursuance of some executive policy. A recent instance is that unhappy
affair at Zabern in Alsace where an army officer in time of peace
wantonly struck and wounded a peaceful crippled citizen with his
sabre. The victim could only appeal to the officer's military
superiors, who acquitted the offender on the ground that the dignity
of the military must be protected. In the United Kingdom, while at
present, as for centuries, the individual can appeal to the judicial
courts against officials acting under any executive or legislative
orders, Parliament, and even a majority of the House of Commons, can
at any time deprive him of that right. In this country the executive
and legislative departments combined have no such power. So long as
our present system is maintained, questions between government
officials and individuals must remain cognizable by the judicial
courts where the privat