Piney Woods planter. (Liberty, Mi. [i.e. Miss.]) 1838-1840, 1839-10-19
EXECUTIVE DEPARTMENT.

EXECUTIVE DEPARTMENT
Cry OF JACKSON, September Odd, 1895
SIR: The constitution provides that tn
~ Governor "shall take care that tn
laws be faithfully executed" have there
fore thought proper to advise you of tn
manner inwhich the coming general cleo
ton is to be held, and the returns there
of made,
The constitution provides that "tht
chancellor shall be elected by the quail
fed electors of the whole state, for the
term of six years." and that "all vacan
cies not provided for in the constitution
shall be filled in such manner as the lie
gislature may prescrbe.' The schedule
to the constitution, provides that the first
election for all state and county officers,
under the constitution, (members Of the
Legislature excepted,) shall be held on
the first Monday and day following in Nav,
1888, Sand the officers then elected shall
continue in office until the succeeding
general election and after, in the same
manner as if the election had taken place
in the time last aforesaid" The succee-
ding election took place on the first Mon
day and day following in November, 1888.
The 2nd section Of the act prescribing
the manner of filling vacancies in the pub
lie Offices provides, "That when any va
cancy shall occur in any State office SC.
When the uneXpired term thereof shall
have more than one year to run, it shall
be the duty fthe Governor, &C., TO is
sue writs of election requiring an cleo
ton to be held to fill the unerpired term
of said office, &C.; and in case of state
office, 70 give sixty days notice. The
Hon. John A. QuItman was elected Chan
cellor of the state on the first Monday and
day following in May, 1888. By the pro-
visions of tle constitution expires on the
first Monday in November, 1899. He re-
signed in the fall of 1884, and Chancellor
Turner was elected TO fill the vacancy &C.
casioned by his resignation in December,
( 1884. Under the constitution and law
passed in pursuance thereof, the uner-
oired term which Chancellor Turner was
elected to fill expires on the first Monday
in November, 1899.
Isl You are therefore required 10 give thir-
ty days notice, and open poll for the
. election of Chancellor on the first Mon
day and day following in November next,
and make due returns Of the result of said
election.
| have quoted the constitution and law
governing the case, because some gen.
tlemen of the bar differ with me in opin-
ion on this question. | will co mission
the gentleman having the greatest num-
Der Of votes for the office of chancellor at
the November election, 1899.
The 18th section of the 18th article pro-
vides that "Returns of all the elections
by the people shall be made to the secre-
tary of state in such manner as may be
prescribed by law" This requisition has
boen disregarded heretofore very often
Returns of elections are frequently d.
rected to the Governor. This practice
must be discontinued.
The second section of the fifth article
Of the constitution provides that "The re-
turns of every election for governor shall
be transmitted to the seat of government,
directed to the secretary OF state, who
shall deliver them to the speaker OF the
House of Representatives at the next en-
suing session of the Legislature; during
the first week of which session the said
sneaker shall open and publish them, In
presence of both houses of the Legisla-
ture." This provision has not been com
piled with heretofore.
You are therefore required to make out
a seDaratc return of the votes given tor
/, Governor; to seal them up and mark on
the envelope "Returns of the election for
Governor.- November,
1892 Unless this endorsement be
made, the return may be opened by mis-
\ take.
In your general return Of the result Of
the Next November election you are re-
CURED also to state the vote given for
governor of the state and all state, dis
trct and county officers, at that election.
! This return should be made out in plain
and ineligible manner. Some sherlts
fare in the habit ofreturnng the scraps of
paper with the tallies Of the clerks Of the
various precincts. This system should
sbe discontinued. The votes of each pre-
5cinct must be summed up, and a return
sof the vote given for each person, and the
Office he was voted to fill"
| call your particular attention to
4,he ssact regulating elections in this
state" 0ATSee laws of MISSISSIPPI
81 mage Ala. In that lawit is provided,
n the 10Th section, that in the election
for district officers return shall be made
10 the sheriff of the county first named IN
the law laying off the district TINS law
does not relieve the sheriffs from the duty
imposed upon them by the constitution OF