Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1839-12-24

4
-ior elections to fill Uacancies, that may hap
olu'; IN either House. In the one case he must
W., Of the emergency; and in the other, Of
jus rgcarcy; therefore, he is a Court
IsJo,e--a judicial officer but whether s,,.
..rior or inferior one, must be determined by |
H. superior logical acumen of our aCltizen.o
The Governor, thus being proven Judge, can
5ocIare laws void for unconstitutionality, and
Se;pg an EXECUTIVE Judge, can Instruct infe-
s;or Executive Judges to IegiSiate, TO patch ND
Iii defective laws and make them aamoist as
indie as new. Strangel how sound, sset pr1t-
s,ena uihir' win direct some minds to strange
.orclusions. Who ever before dreamed of
Governor instructing Court and the Court
,ctinr under his iaStructionSs Neither he nor
Sbs Sclcctmen can considers Board of Police
Court.
DENY, that the Manifesto takes ground,
THAT because the Constitution does not in so
NAM icorfs prohibit thing, the Legislature
-au pass a law providing faith. Such prohibi-
,ation admit, can be inferred and the Sc
,cctmen contended, that the Legislature was
not prohibited expressly or by implication,
from passing such law as Messrs. Abbott
and Stillman were elected under; and, if it was
prohibited, that no executive officer could an
null, change or modify such law.
The Policemen appear to admit, that Justi-
ees of the Peace are county officers. Perhaps
,hey were too hasty in this admission. Was
Il not made, TO use the language Of our Cit-
zen. under the impulse Of the moment! He
admits, that the Constitution recognizes estate
Offices, Senatorial and Judicial District Off
ces, and County offices, and no others" Justi-
COS of the Peace are Judicial officers and are to
he elected by districts. The Judges Of our
highest Court are to be elected by districts.
The jurisdiction of one is over county, of the
other, over The State: one bears the same re-
Iat;ou 10 county, as the other to the State. If
tho latter be not State officers, and our Citizen
adults they are not, how can the other be
County officers. Let us now ascertain what
has been the opinion Of the Legislature on this
aresti0n. Such opinion, il is admitted, is not
conclusive; but it certainly should not be has
tily rejected. The fifth article of the schedule
enions upon the Legislature, that was to meet
in January 1888, to order an election to be held
on the LIST Monday and day following in May
IS39, for all State and County officers. To as
certain how the Legislature understood this
order let US refer TO its acts and see if any one
Of them provided for the election of Justices
Of the Peace on those days. 1t passed acts
providing for the election of those officers, that
are universally admitted to be county officers,
in which are foun6 language like the following:
aaThat the members of the Board of Police
shall be elected on the first Monday and day
following in May next, and continue in Office
until the first Monday in November 1885. -
But, instead Of providing for the election OF
Justices Of The Peace on the first Monday and
day following in May 1888, that Legislature
enacted, that those Justices, who were then in
commission, under the old system, should con-
t;nue in Office, until their term OF service should
exnire. by the law under which they were
commissioned, "ProUided," the same should
not be- more than two years from the passage
Of the act, which was expired March ID, 1888.
Provision was also made by this act for electing
their successors, which election was TO be con-
ducfed IN a manner different from that pre-
scribed for the election of other officers. This
Legislature, therefore, could not have consid-
cred Justices as county officers. No doubt, a
majority Of this body were members of the
convention, that revised the constitution. They
must have understood, better than our Citizen,
the instrument Of their own framing.
Apain-In February, 1896, an act was pas
sed for the organization Of many new counties.
The commissioners were TO organize them, in
the most speedy manner, by holding elections
for Boards Of county Police: and these boards
ofcounty police, as soon after their elections
as they might deem proper, were to hold cleo
tons in the new counties, for all county Off
GERS, [Sec Laws Of Mississippi, pages 1884,
Nothing said in this act about the first Monday
in November every odd year-nothing about
the expiration of offices before the constitu-
tonal period.
An Office, that has a constitutional COM
mand, cannot expire before the expiration oil
the constitutional period. Hence the cOnclu-
sion Of the Selectmen, that, if Mr.. Abbott was
not Justice Of the Peace after the first Mon
day Of last month, he Rerer was Justice Of the
Peace The contrary position is as absurd as
that one is the same as two, or part equal tC
awhole, or that line an end in the middle oft
or that one can die before his time comes.
Now the Legislature Of 1896 understood
this schedule as embracing only the county
officers then existing, in the counties then or
ganized and not a. his Excellency, the boarI
Of Police and our Citizen understood It.
Il is true, as our Citizen asserts, that there
are more than three ways, by which an office
can become vacant; but am expiration OF thu
term, for which an officer is elected, rs not one
Of them. TO say that vacancy IS thus crea
ted, is as absurd as 10 assert that there is il
Can't. Abert's fine company, when in line, an'
every man in his place, vacancy at each enc
of ia vacancy immoveable at one end. s.
overv Office, known to our constitution, accor
ding 10 this notion, has two vacancies, one iron
,iernift. the other 10 everlasting. The consti
tution of the United States ordains, that
Governor may, under certain circumstances, II
case Of a vacancy, make protein appointment
ola Senator a case, something like the fol
lowing. has occurred. A certain State, which
/ do not recollect, had but one Senator, at tn
time Of a meeting Of Congress, the term 9
service of the other having expired onthe AZ
q March previous. The Governor OF IN
State made a protein appointment and sent IN
man TO Washington. The Senate said, the,
did not consider this latter end Of eternity sue
vacancy as the constitution contemplated
and sent the gentleman home. BY the MT
section Of the act to extend the limits Of on
Gown, il is plain, that the Legislature did nc
consider there was a vacancy in case OF fail
ure to hold an election at the proper time.
vacancy. in an Office, is the ceasng 70 hold !
By an incumbent, before the expiration Of y
term; or, a part Of the time. for which on on
sSr . elected. during which, there is no incum
bent.
Our Citizen insists, or seems to INSIST, tina
because he Board of Police is required to dc
clare vacancy where one acturlly exists an
70 act az eOrdingly il is justified IN declaring
vacancy where there is none--in other word
that because the Board is required to do righ
4 is right in doing wrong. A Justice OF IN
Peace has Jurisdiction 10 the amount of fit
dollars; but will any one contend, that }
ho Ft,1 -, a