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

very Important accession OF the Htgh
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 constitutional law blythe High
Court of Errors and Appeals. Bills had
been filed in the circuit courts, and lnlunc-
tons 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. In
the three latter, the circuit judge had
quashed the iniunctions and dismissed the
bills All these cases were submitted to
the High Court together. The argument
upon the part of the banks was conducted
by w. r. Miles, Esq, G. s. Yerger, Esq,
and Hon. S. S. Prentiss. On the part of
the State, 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 seridtim 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 dissented 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 a 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.
stitution of this State.
When the opinions had been read
Judge Clayton summed up the decision o
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.. Banl
Of Port Gibson
No. 1913. State Of Mississippi VS.. Crane
Gulf Bank.
In consequence of some contrariety o
opinion in the members of the court, it il
thought best to make synopsis of thu
points decided in these causes, for thu
guidance Of the clerk in the entry of Judge
ments, and for the direction of the circui
court.
lst. The whole court is Of opinion tina
this is in the nature of civil, and not 0
Criminal proceeding.
I'd The whole court is of opinion tina
the act in question does not impair the OBJ
hgatlon OF any contract between the bank
ana tne State, and that it does not violat
the constitution of the United States.
ID. Two members Of the court are o
opinion that the direction contained in th
9th section OF the act, that an injunction
shall issue as matter of right on the par
of the State, does not violate the coustitu
ton of the State. The other Judge hold
that it does, and that the same should 5
quashed.
4th. Two members Of the court concu
in the opinion that the refusal TO quash tn
injunction in two of the cases, Nos. IDS
and 1882, is correct, and that those judg
ments should be affirmed and the cause
remanded.
5th. The same two Judges hold that tn