Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1840-01-11

a can see no valid reason WHY the tenur
of the Office OF Clerk of the SuPerlo
: Court Of Chancery, should be longer thai
, those of the Circuit and Probate Clerks
The 18th section of the 7th article O
the Constitution, makes it the duty of thu
Legislature, 10 regulate by law. the ca
ses in which deductions shall be made
from the saleries of public officers, FOL
neglect of duty in their official capacity
and the amount of such deduction. Fur
Their action is required to carry into full
effect this requisition.
The 10th section Of the 7th article
provides that sThe Legislature shall d.
! rect BY law, in what manner, and in
what courts suits may be brought against
the Stafe'' This would seem to confer
upon the Legislature, the power of pre-
scribing that such suits might be institu-
ted in any of our Courts that may be
designated by law. The act of May 18th
1888, provided for such suits ia the Su-
perior Court of Chancery, but the High
Court of Errors and Appeals, have de-
termined that a creditor of the State
cannot maintain a suit in the court de-
signated by the Legislature. If on ex-
animation of the subject, you find the
High Court right in their decision, fur
Their Legislation is indispensable.
Extensive powers are vested in the
Boards of County Police, and much evil
has resulted from their improyident ac-
ton, more especially at their numerous
special terms. Under the existing law.
their regular sessions, are but twice in
each year. The public interest would
be promoted, by requiring four regular
sessions of the Board in each year. No
provision is made for the first assemblage. |
after each general election. In many |
instances they fail TO appoint the inspec- |
.ors of elections. To obviate these diff |
,ulties, | suggest an amendment of the
aw, requiring The Board TO hold a term
On the second Mondays of November.
February, May and August in each year.
An early authorized organization of the
Board, would thus be ensured, and am
lie time given TO appoint inspectors of
he general election. 1t would be well.
o authorize the Board TO fill vacancies
q their own body, caused by death, re- {
ignation, removal out of, or failure to
eside in their proper districts for the {
pace of thirty days. A fair expression '
public opinion, is rarely had in special
lections for policemen. 1t is deserving
f your serious consideration, whether c
lie power of filling vacancies, in many t
the county offices, should not be conf r
ed to the Board. The frequency of E. n
ctions are very burthensome on the T
eople, calling them continually from v
cir usual avocations, and causing the Il
,citement of the canvass for office to be S
most perpetual. This fact more than e
others, has tended to make the uni Il
rsal election of all officers by the peo- W
=, unpopular with many of the citizens h
the State. Rarely one half of the II
Allied electors attend special elections. P'
d the popular will is thus often disre- PI
rded. The 18th setcion of the 5th OF
Icle of the Constitution, provides that m
II vacancies not provided for in this st
institution, shall be filled&n such man "a
r as the Legislature may prescribe" Sc
resume, therefore, that it will not be su
ltended, that you are Unauthorized TO bl
Ike the change. ST
IN nearly all the counties, the various K.
GERS use all due diligence in perform nj
their duty, and are supported in that SCI
Irse by the great mass of the people tai
duty, however, compels me to inform of
! that in some few of the counties. me
erent spirit prevails. Sheriffs and fro
'oners have resigned about the COM CHI
ncement of the court, for the evident ted
pose of preventing the term being pre-
1, and thus defeating the regular adj lie
Ilstratlon Of the laws. | cherish the col
e that this course has not been coun- pre-
lnced by majority of the citizens of Iml
ngle county in the State. Its tenden- ty,
has been in some measure, to sully der
character of the State, and TO drive on
ign creditors TO the Federal Court, Pol
the collection of their claims. ear por
ly invoke your cordial cooperation tax
emedying the evil. This can be eff sys
ually done, by empowering the Judge MAJ
he Circuit, to fill the vacancy occur chi
in the offices of Clerk and Sheriff. ami
a suitable person by war But
(, under his hand and seal, for the of :
lie unexplred term And in case a and
: had not been summoned, to order a tutl
Fenlre FacIas, returnable forthwith. all
h such a law in force, designations fouT
ID rarely, if ever, take place again vel
ay also, be necessary, TO impose adj who
nal penalties on Sheriffs and Clerks, ODE,
i corrupt derelection of duty. er s
am advised that the final records of COVE
courts are rarely made up pursuant tecti
W. 1t is believed they are imper- butte
in almost every Office in the State. sary
~ fees are collected for recording is be
proceedings in each case. When a duty
Clerk comes into Office, he finds the child
for such services collected, and the wou
undone. He refuses, therefore, to redo
! up the unfinished business of the ~ C
!, and the records are suffered to re- fame
In their imperfect state. Many Ii be d
depend for their support on the re- punt
of the various courts, and il is es- this
al that they should be well kept sand
existing laws, require the Judges of write
espective Courts, TO make periodi- schot
examination of the offices of their rudir
s-this duty they have generally The
cted, and | am not aware, that tenn
; clerk has ever been prosecuted on rich
ond, Tor failing to bring up the re- the S
of the court. therefore, recon- be in
, that further provisions be made for State
examination of the offices of the Ewher