Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1845-03-12
THE QUO WARRANTO STATUTE.

Very important decision of the High
Court Of Errors and Appeals.
This far famed statute, commonly known
as "the Briscoe bill, !" and about which the
democratic party have been SO much abus-
ed by the wings, has finally been sustain
ed, as a constitutional law by the High
Court of Errors and Appeals. Bills had
been filed in the circuit courts, and injunc.
tions under the statute, issued against, the
Commercial Bank of Manchester, the
Commercial Bank Of Rodney, the Grand
Gulf Bank, Bank of Port Gibson and
Port Gibson Insurance Company. In the
two former cases, the circuit judge had re-
fused to quash the injunctions, on motion
made by the banks for that purpose. 10
the three latter, the circuit Judge had
quashed the injunctions and dismissed the
bills. All these cases were submitted to
the High Court together. The argument
upon the part of the banks was conducted
byW. R. Miles, Esq, g. s. Yerger, Esq,
and Hon. s. S. Pren,iss. On the part Of
the Slate, by John D. Freeman, Esq, the
Attorney General. The argument occu-
pied one entire week, and exhibited extra
ordinary ability, research and eloquence,
by all counsel engaged.
On Monday morning last, the Supreme
Court came in with their opinions in the
case. Judge Thacher announced from the
bench that the court would proceed TO de-
liver its opinions seriatim upon the cases
above submitted. He then proceeded TO
read the opinion Of the court sustaining
the constitutionality Of the statute in
question, in all its particulars. He was
followed by Judge Clayton, who concurred
in the opinion of Judge Thacher in all re-
spects, except that the writ of injunction
issued in the cases should have been re-
turned into the Superior Court of Chan
Gerry, and not to the circuit court. Judge
Sharkey dssented in the result, but held
the law to be constitutional in all respects
except the clause which authorises the cir
cult clerk to issue an injunction on infor-
nation filed, without the fiat Of Judge
This he held to be an exercise of judicial
power, both by the Legislature and the
clerk, and as such, violation Of the con-
slilution Of this State.
When the opinions had been read,
Judge Clayton summed up the decision Of
the court, as follows:
"No. 1882. Commercial Bank Of Rod
ney VS.. the State Of Mississippi
No. 1854. Commercial Bank Of Man
chester vs.. the State.
No. 1911. State Of Mississippi VS.. Bank
Of Por, Gibson.
No, 1913. State Of Mississippi VS.. Grand
Gulf Bank.
10 consequence Of some contrariety Of
opinion in the members of the court, il is
thought best to make synopsis Of the
points decided in these. causes, for the
guidance Of the clerk in the entry Of Judge
menis, and for the direction Of the circuit
court
LIST. The whole court is Of opinion that
ms IS in the nature Of civil, and not Of
acrlmina proceeding.
I'd. The whole court is Of opinion thai
w, NE act in question does not impair the OBJ
"6a"on o. any contract between the banks
ana the Stale, and that il does not violate
me constitution Of the United States.
%. Two members Of the court are Of
opinion that The direction contained in the
I'n section Of the act, that an injunction
saall issue as matter Of RICH, on the part
" the State, does not violate the consiitu-
non Of the State. The other Judge holds
mat il does, aud that the same should be
qaashed.
9TH. Two members Of the court concur
10 the opinion that the refusal 10 quash The
mlanction in two Of the cases, Nos. l454
and 1889, is correct, and that those judr-
remanded.
OH The same two judges hold that tho