The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-11-30

EAceuencys Whoie case upon the correct
ness Of their assumption that the phrase
political year, In section s. article 4. and
political year of the State in section i,
arii lie 3 of the Constitution, are synony :
nous with the phrase "terms Of office =
| They say:
BY the phrase political year. the con-
vention clearly intended TO designate the
period at which the term of all officers cleo
ted at the general election should begin. in
order that there might be uniformity in the
commencement and ending Of official terms,
In locking over the election law of May Is,
/ 1871, we notice provision that the term of
county officers and of officers in district
OF a county. shall date from the qualifica-
4 Tons Of those officers and that officers en-
brac ing more than one county in their dis
| trict shall be commissioned by the Govern
! or, and when so commissioned, shall imme-
| diately qualify and enter on their duties as
required by law.
We believe these provisions of the cleo
| ton law TO be unconstitutional, because they
are in conflict with that provision of the
Constitution which fixes the political year
tor the first Monday in January and theyebv
fixes the period when the term OF officers
elected under the Constitution at general
election shall begin aud end"
The process of reasoning by which this
conclusion is arrived at, seems somewhat
novel. 1t is this:
''If such is not the meaning of the words
political year we are unable TO affix any
meaning tothem."
And Iney refer to the construction given
to totally different provisions in the Con-
stitution of 1892.
| cannot give my assent to this conclusion
or to the logic by which such a conclusion
is reached. 1t is true that the phrase is not
one OF technical or fixed and definite
meaning. 1t Is not used i'm any reDorfcd
case or authority. so far as [ am informed
lie may be difficult to determine its applica-
ton, and may have misapplied it to the
periodical functions of the State to which
have alluded. But the logic by which the
counsel would apply it to official terms will
not bear testing. By this reasoning were the |
learned counsel to ''meet, in Indian groves |
some beauteous bird without a name" and |
which they were unable TO classify according !
TO the books of natural history, they would be |
justified in advising your Excelleney that !
1t Is a turkey and for two reasons: first, be- |
cause they are unable otherwise TO classify |
1t, and secondly. because there were birds |
of that name IN Mississippi in 1881.
Chief Justice Peyton, in delivering the
unanimous opinion of the Supreme Court
in the recent case of Cooke vs. Newsom
ON. ;. OPP, laid it down "a wise and sal
utary rule for the construction OF statutes
and constitutional questions" that ''iu cases
of doubt, every possible presum ption and
intendment should be made in favor OF the
consttutlonalitY of the act in question, and
that the court will not interfere except in
eases of clear and unquestioned violation of
the fundamental law" And this is the uni
verSal rule in this country.
But We should not only give the act of
the Legislature the benefit OF any reasona-
bic doubt; but will be excused for saying
that the people of the State who have been
so long deferred i'm the exercise of the right
of suffrage. in the selection OF elective OIL
GERS, should also have the same berefit One
class OF our citizens, though nominally free
tor eight years, and nominally voters for
nearly Tour years, have not yet seen a coun-
~ officer in the choice of whom they were
allowed TO participate. The other class,
looking back over the waste OF years and
their history aud experience in
the, light of the present hour, though de-
seconded from n race that was always free.
have not enjoyed the privilege Of choosing
their county officials at constitutional and (
valid election for twelve years past | will
not allude to the discomfort and consequent
disorders which have prevailed, many OF
which could have been prevented. had the
people of all classes possessed and recpro-
Gated the confidence and respect which a {
fair election begets between officers and
their constituents. But had we not better |
In the present anomalous and abnormal
OF official life. give to the people
ana to the permanent features of the Con- |
stitution the benefit. any existing doubt2
But II it were conceded that your learned |
extra constitutional advisers are correct in
their opinion. even then my construction is |
still safe. Because, in any event, the Off I
GERS elect even If they qualify and get pos | !
session of these offices before the commence
nent of their terms, will be at least compe-
tent officers lie Tdct0 till their terms com Z
mence, when. by operation of the Constitu-
lion, they will become also officers de jure |
This is la accordance with the rule at COM ,
non law, which is embodied in our statute
Bit suppose the geutlemen's conclusions |
,hOuld.b any possibility, be wrong suppose !
he courts should hold that the clause OF the |
regulating the tenure of exec \
Itive appointments to elective offices, and
which prcscribeS that teeir terms of office
shall continue until the Legislature shall 1
provide by law for an election Of said ofii-
.crS. etc, does not mean shall continue un- ,
III t1e0 months after such election, might
here not be more litigation and confusion :
han your EXcelleney or your Excelleney's ,
earned counsel are prepared for?
l have the honor to be, &c,
j. >. MORRIS,
Attorney General of Mississippi.
TO His Excellency: