Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-05-11

hold court any " here eNc~f- = tAf1 ga
Coort-house-not even IN the new enc
until the latter shall have been Competed
and rsceirsd by the Board OF Police. o.
the Legislature should meet and provide
a remedy.
| would. respectfully. make thc foiiow-
ing suggestions 10 your Hoaoar. IN the
hope that, when you shall have given
the subject a more thorough invesIiEa-
ton, YOU will arrive Al a very different
conclusion: that you vii believe ~lth
me, that the Board OF Police OF thIs
county, have the power under the Csasti-
tuition, TO build or provide a house within
the limits of Canton. IN which % hold
the Courts; and tha, your Hou0ur IS
bound by the highest and most solemn
obligation to hold Court IN such house -
provided. --at least flrice ia eacA gear. 50
long as you hold the responsible AM
highly important Office Of Judge Of this
District.
The old, or first. Constitution 81 this
State. Article 18th, Section :, granted TO
the Legislature the power 20 establish q
Court TO take cognizance Of matters q
county police SC And under this
grant it passed an a., GA the 2s-h June
1922. in which It was provided that
From time to time, hereafter. the -ras-
~ Court Of every county within tbs
State. shall cause 10 b. erected ami kers
IN repair Tor where the same shall b.
already built. shall maintain AMI keep
in good repair within each respective
county. and at the charge Of each com
", one good and convenient Corr 6ausr-
&c. See Revised Cole. page eI- So
ton 30.
The language Of this Statute evu-e~
that the Legislative authority unier our
former Constitution. regarded the erec-
ton and repairing Of Coart-heases a. 6
matter Of County Police aad gave O.
the "Coun,y Courts fail Frrrr over -hs
subject in leach respective e7aa-y
The new Constitution substituted
Boards Of Police for the county Courts
AID expressly gave them as ample power
over the subject OF Courthouse. As bah
been previously possessed by the county,
Courts under the old ConSru-7u AMI
laws. Itprovides thar the Boards 1- P1
lice "shaII have tufl Ja-iqis~t.ga over
roads, highways. ferries and bridges.
and all other matters 81 r7uHfI s1' co.,
Article !, Section 20
If then the erection az. ani keeping rs
repair Court-houses be a matter oi --coan-
~ Police" Of which. as I have shown.
there can be no doubt. the B1ari of Pc
lice 50 soOI as thew were organized bah
full jurisdiction of without the al.i 81
Legislative euactments. And thus derIv-
ing their Power-not from the LeElsla-
ture-from the Constitution itself. u, aet
Of the Legislature could possibly dsvest
them Of It. To contend that the local
Statutes Of 1885 and 1886. together with
the facts. that there Is no cd Court-houSe.
and the Helr one Is not completed and
received by the Board Of Police. deprive
us of the benefits Of the Judiciary svs-
tenn for an indefinite period. t,iij the nsw
Courthouse Is completed and received
or till the Legislature meets next year,I
IS to render two other important Proyi-
sions Of the Constitution wholly ua-l-
tory. | aIlude to the following
1st. The Constitution requires thar
every person shall have --righr and illz- .
ice administered without sale. DENIAL 81
feIay.- Art. lst. Sc. Il.
ID Il Circuit Court SHALL 3 held ID
zach county Of this state. a. Ieast --ir-
ia each year. sc. Art. 4th. sec Is
1t seems 70 me that even the isi-I-st
Intellect cannot fail to perceive the laS--
lesS Of this argument. or Is - satisfied .
With the correctness OF its eoa-la=sou-
The two Statutes, then, the one of IG55- T.
the Board e Police ,1 DEP
ignate the Tot on which 10 5u.ll a Cga---
house. and that Of 1886, granting tleai
ne power TO erect one on the Pa5.-
quare, are works Of suPerer7gatlen-
But, even waving the question go
grounds. the Statutes an
AIKEN together cannot, 1t seems O. me-
ear the construction gwen 70 faen 81
-our Honour. The act Of Na-ea
833, laws Mississippi. Paze Ss5-
-ives to the Boards OF Police al slch .
and authorizes and requires
hem to perform the same acts, Fl -eIa-
ion to matters Of county police as were
Exercised previously By the Caazfg
Courts, which latter We have seen hat
uH polrcr on the subject This az was
'assed subsequently, 70 the -act 70 pro-
Ije for the location OF permanent sea-