Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-12-11
MISSISSIPPI.
5lrs Question Of the Validity OF the Late
Election - What the Supreme
Court VIII DO.
II is Only a Contest between Political
Aspirants in Whom the Public
Have No Interest.
- - nnrInlh News. ]

ff0El the tOrluln News
t;,,,-erpor Powers has ordered elections 10 be
held on the thlrtieth Of December, in all OF
moe counties where vacancies exist by
reason OF death. resignation or Otherwise,
maj ii for 1epresentattyes in the counties OF
adamg Pamela, DoahOma, Tallahatchie,
I,v-udes. Warren and lssaquenai and for
senators. IN the counties 4I Panola' Union
Perry Pearl, Ioplah, ClelDOfne1 Lafayette
pouiotoc. Tate and laZOO. he thus COM
uIetely ignores lie lat election ior representa-
ives ann senator were elected In all OF those
counties. The official terms or these MEM
45ers. elected the lniruetn Of December, VIII
..-rDire the first Of January; only one brief day
al ofiicial life. Who, for that short time, viii
.,.art. b wear the hard-earned and dc Cubttul
nonors. II The courts declare the late elecIlOh
unconstitutional, The senator's anu repre-
..-ntatives who may be elected on the ihirtleth
Instant will. with the old Legislature, continue
over until November 4, h4. There j. q
General statute. code, section $50, which pro-
81 .des that all Ofhcers "shdA h0td theiT oDtcts
slskI their successors shdA Be elected ana qUdt-
s6ef We do not believe with our CORE
e,,oUdent.t .t~alt PetTe, THAT the supreme court
,tsiI hola the late election unconstitutional
il j. our humble opinion that II wa consu-
fufionaI election, ana nothing less Than the
decision Of our supreme court 70 the contrary
viii change our opinion; but Whatever may
he the decision oa hat point, we cannot be
len without a full corps Of officers IA every
,iensrtment OF our state government for IL
our courts should hold the late election un-
constitutional, all the present iuculnbeuts
,nnid under the provisions OF the statute
gboye quoted, hold over until after another
election. But suppose liat, pehdlhg ln6
Iit5Tation fhe present incu mbents should
.olf2fnne in pOss6ssion Of their several Offices,
ana continue 10 discharge the duties OF their
Offices respectively, ana llAt II should bs st5H-
,.rai months after the nrst Of January before
rhe litigation should be determined, ana sup
.rose tbsf the late election should be sustained
= Iegal and constitutional, lhan those Por-
- 80 held over after the expiration OF
their term would have been holding lllegai4y
but our code. section 5l7s has PROVISION ma. M
covers such 4 contingency ana ie&ke an we ne y
,oficfaI acts legal, though they mag De nabie
10 severe penalties for nnlaNIullg noLat no "
over. Code, section 8l4, -lhs Ohieisl 49, - ~ ~
any person in possession Of any ppDuc oilieet on (
ma exercising the functions theIeOi, snal1 ue
valid aEd binding as lawful onlcial aels @ n =
ygaTd 10 AL persons interested OF ailsotol :,
bv. whether silCh person De IaMluhg ehti,-I. ~ J.
10 hold snek Office or not out such Dei - -
snail be Liable ~ 20 J4e penalties IN pose1 ~
law, for usurpng - eaiss IhiIg loeitS @ t,S ~,
.1frice, OF exercising tie fgnat tions theIeqi
sgituout lawful right, OF NitllGut 9efns quall,,
usd according 10 law" so II VII - a-eA thA'
IL Is merely contest between oinS,ehl 49, a.i. ~
rams Tor once ana that the public nave -.
interest," o the result OF the contest, excepting
where betOeS officers are sotns 91t li,an +
coming in, or t'ce teIS. - ~ ~. aisiict ,atd
die and taking the minds OF me pADhc ION ron,
useful natter, occupying Inc uths % ~ ~,
legislature and courts al great * Sl'ehne "a W.
already Oyerladen taxpayers.
POWERS TO STAND HIS GROUND.
from the Hsndsboro Benoerat.l
We are assured by a gentleman just from
Jackson VINO Enows a thing or two, that Gov,
ernor Powers viii not yield 20 Ames, bat ~ Il
contest ana hght IL out ON that line if II taks'
him all the winter. Our friend also informs
us that majority OF Che supreme judges arr
with Powers, therefore that gives him back
bone. Aud there Is a rumOT aGOat at Jack
son that Powers intends 10 recognize the Ole
legislature in January, and II the new mem
bers present themselves and atteInpt 10 OF
ganize for The transaction OF business he vii
have them arrested as cOnspiratOrs, then on
wit OF habe0as corpus the case will 20 belOu
ne fnr AZ fea nd dtu1tf
the mstters ls being investigated, the tax
payers Of the state will have 10 bleed.