The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-07-07
Eligibility Of Members OF the Leg
fsIzfure 10 .IudCe~hfps.

I
to any Office Of profit under this State, whic
have been created, or the emoluments q
which have been increased during the tim
such Senator or Representative was in Office
except to such offices as may be filled by a
election of the people" Now if the ofiic
of Judge of the 4th Judicial Circuit Cour
District was created during the time, w. NJ
Hancock, Senator from the 9th District, wa
in office (that Is in Office of SenAtor) thel
the conclusion is irresistible that he is incl
igible, under the Constitution, to the saiC
office of Judge of said Attn Judicial Circuit
Was the Office of Judge of the Adj Judieia
Circuit, composed of the counties Of Clark
Jones' Jasper, Greene and Wayne, created
during the time w. NJ. Hancock was Sena
tor?
To answer this, it becomes necessary t.
refer to another provision of the Constitu
ton.
Sec. 3D. Art. VI, reads thus: THE Stat
shall be divided into convenient Judicia
Districts
Undoubtedly the Office of Circuit Judg.
has recognition in the constitution. In the
distribution of judicial power the constitu.
| ton says substantially there shall be Cir
cult Court and Judge, whose age, resi-
dence and term of holding, are all specifi.
cally designated in the constitution. Blu
does it hence follow that the Office of Judge
of a certain Judicial circuit, as for instance
judge of the All Judicial Circuit ia created
by the Constitution and not by the Legisla-
| ture? Suppose raere had been no legisla-
| ton in pursuance Vt See. ID, Art. vi, of the
constitutional by the present Legislature, how
many Circuit Judges would, or could, Gov
AlcOrn have appointed? Could he have APP
pointed one, or one hundred? This inquiry
of ITSELF and the train of reflections which
it produces in every legal mind shows that
the constitution, instead of dividing the
State into Circuits, and creating the office OF
Circuit Judges, devolve that duty on the
Legislature, to be exercised, as the increase
of counties and population might render it
expedient.
Sec. IL, Art. vi. reads: 1.-THE Judges of the
Circuit Court shall be appointed by the
Governor, with the advice and consent of
the Senate, and shall hold their office for the
term of six years." What judges are to be
appointed? Most clearly such as shall be
required by legislative acts, passed in ODE
dience to the directions of Sec. Is, Art. VI,
of the constitution.
Under the previous constitution and laws
existing at the time of the taking effect of
the present constitution we never had a
greater number ofjudicial circuits than ten!
Now we have Fifteenl Who created the dd-
litionaI FTve3 Can any man find in the con-
stitution a section and article creating fif-
of Ind q,
Legislature having established fifteen cir
cult court districts, suppose you and /, Mr..
Editor, should be elected members of the
succeeding Legislature and that Legislature
should re-distrct the State and make twen
ty circuit court districts, would it be serious
ly insisted by any lawyer that we could
lake one of these officers without a clear in
fraction of section 80, article a, of the con-
stitution? Both the letter and spirit of the
constitution are against it. A distinguished
jurist of Mississippi says truly, lit is direc-
ted against the creating of jobs and offices,
to be bestowed ON members who pass the
law; and to make it efficient every such law
should be pronounced unconstitutional
But in this age, Mr.. Editor, of rapidly null
tiplyIng adjudged cases, no lawyer rests
contentel in leaving his case to rest on rea-
son, alone, but prefers to cite the authority
of an sdjudged case. With a lawyer the
value of an adjudged case depends on the
concordance of facts in the case cited with
the one to support which it is cited. think
/ am fortunate in this. The case of the
State ex rel. the Attorney General rS. Porter.
Ala. Rep. (new series) p. 6S5. BY direct
proceeding, B. +. Porter was declared ineli-
gible to be Judge of the 10th Circuit Court
Districts, because a member of the Legis-
lature which established the 10th District by
separating the counties of Mobile, Baldwin
and Coneeuh from the first judicial circuit
and forming an independent circuit of those
three counties. And this, although he vo-
ted against the bill. All the provisions of
the Alabama constitution, under which this
decision was made are substantially identi-
cal with our present constitution. would
be glad you would refer to it and elaborate
its facts and reasoning. l find am extend
ing this dry legal argument too far for
readable newspaper article. l am aware
that the case of Smith VS.. Halfacre, G. How.
Miss Rep, p. 5S2, contained a dictum adj
verse to the view of this Alabama case
But in that case the question here discussed
and decided in the Alabama case did not
arise, was not necessary to be decided, and
was not decided. The expressions used on
this subject are mere dicta of the Judge de-
livering the opinion. As to the value of
that distinguished jurist's own opinion of
such dicta as authority, see his opinion in
case OF Henderson, exor. VS.. Ilsley, IL SIN.
& Mar %. is.
would willingly risk the determination
of this very question before the judge who
delivered the opinion ia Smith VS.. Halfacre,
the adverse dicta decision
contained. 1 feel certain that the clear and
strong logic of the Alabama case, in all re-
spects so applicable, would cause him, with
fine Characteristic disregard of great mind
of previous loose expressions, to pronounce
the law against such expressions.
IL may be that you will hear from me
again on the question of the increase of
of the Office of Judge of the
4th Circuit Court District, during the time
Hancock was in Office as Senator. l
have assumed that throughout this article
that Hancock was appointed Judge of the
4th Circuit District, seeing that his Senate
rial district is wholly in said 4th Judicial
circuit OF course the reasoning is not af-
fected whether he be Judge Of the 4th or
any other Judicial circuit.
CONSTITUTION.
Sailing CABBAGE PLANTs.-A cores