The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-07-03

Intended to be gu 4rded against by the pro-
hibition contained in section 81. article ~,
was venality and corruption which might
if not restrained, induce members OF the
Legislature To clOthe themselves with inor-
dinate official authority and power, anu en-
dow themselves with eNtravAgant and uh-
necessary emolumentS. The prohibition
was intended 10 remove all danger Dy re-
moving all temptation
Now bearing these clauses Of the Consti-
tuition. and this act OF the Legislature to-
gether with the object Intended by the act,
and the principles OF construction 10 when
| have adverted, constantly in mind, let US
see what the Constitution did. and what the
Legislature of which Mr.. Griggs WAS
member, has done. in respect To this Office
of Commissioner ot Immigration and Agri-
culture.
maintain in the first place, that the
Constitution did not. and the act OF the Leg
islature did create this office. In other
words, that the Constitutional provision
saving that there shall be such an Office
was a mere mandate or law addressed TO
the Legislature, commanding them 10 create
it. at such time, and to give IL such duties.
powers, and responsibilities and emolu-
ments. as, in the exercise OF SOUND dlscre-
ton, should best promote the public welfare.
The Mississippi Constitution of 1892 de-
clared that no slaves should be imported
into this State for sale as merchandise after
the first of May, 1888; while our own courts
held that this was merely deelarftory OF "A
W
a credit sale of slaves in violation OF IL void,
the Supreme Court of the United States
held that the prohibition in itself was en-
tirely imperative and void until carried
into effect by appropriate legislation. 10
Peters. $50.
High as this authority undoubtedly is, the
reasons which support it, and apply It's
principles To the question now before US.
are higher still. In, the present case,
though -four years" is mentioned iu the
| 10 - ha length n the f.ferpff pf
the Office intended, there Is not, as In the
case cited, any point of time when, Ia the
flight of centuries. the first term should
begin and end. No duties, powers, respon-
sibilities or compensation are mentioned or
limited at. even by the remotcst Implication,
as being contem plated by the trainers OF
that instrument. so that II the Office was
created by the Constitution, ii was created
without any commencement or ending OF
its terms, and without any EN- ployment or
duties, or any official authority or pay.
Aud thus regarded, the position named Ia
The Constitution was not an Office,
because all the authorities are agreed
in defining a public office to be "a
public employment, whose duties are pre-
scribed and regulated By law" See SO Miss,
273; Bacon's Abridgement, title Office
Bouvier's, Jacobs and Burrl's Law Die
tionaries; Webster's, Richardson's, john
sons. Walkers and OgilYie's popular die
tionaries. If you can find any standard
authorities Tor affirming that AN office can
exist without any prescribed duty, authori- |
ty or pay, | will conccde the point. IL you
cannot, then am | not justified in insisting
that the Constitutional provision respecting
this commissionersiip created none and |
provided none of the necessary and essen |
tial elements which constitute an officer? |
1t only commands that the office at due |
and proper time, and W TIA due and proper |
duties, powers, responsibilities and pay-au |
to be judged of exclusively by the Legisla- /
ture, in its constitutional discretiOn-"shall !
I'll IT,.
the Office but that contained in the CJnstitu-
rion. the Legislature had elected Mr.. Griggs |
to fill it. What would have been his func- |
tons or authority, TO say nothing Of his
pay? Commissioners of immigration ana
Agriculture" are wholly unknown 10 the |
Jurisprudence of Mississippi or the COM
mon law. Could he then have sat on and
held mere naked section OF the Constitu-
tion, and done nothing and supported his
dignity without pay or power? If this is
the post which the Constitution created,
and it certainly is, if the Constitution crea-
ted the Office at all, then | admit that any
Der OF the Legislature Is clearly eligi
BILE 10 fill it. Because, To fall within the in
tcrdiction, il must be an "office of profit "
Nay more, If this is the kind of post TO
which Mr.. GTiggs was elected by his honor
able associates in the Legislature To fiji, IL H.
wholly immaterial whether it was created
by the Constitution or by the Legislature
of which he was "A mem Der. Because. I'm
either case, n member of the Legislature
would be eligible. Indeed, dozen such
places might be held by each member OF
both houses; because no office, no matter
by whom created. j. included in the Drohi-
bition, except "oillce of profit" But Ia my
view, it was the act of the Legislature,
passed in ODE Hence to the Constitution, and
not the Constitution itself that created the
Office; because that net alone made all tho
duties, employment, powers, responsible
ties and pay. These are the elements which
alone compose an Office, aud without which
Dr. at least some ofthem, no oflce-especial-
y no "olice OF prOiit'-can possibly exist. :
Again, it cannot be denied that even !
uniting the title of the act, which des-
erlbes the act as can act to create" the :
office, the body and substanc of its conscc- 4
ltive sections would be held sufficient in
any court TO create the office with all its
iuties powers, responsibilities and profits
even if no such office had ever been thought
IF before. Nor will t be denied that in the
exercise OF that large residum of power
which the Constitution silently reposes i'm
he Legislature to be used at discretion.
such an Office il not forbidden. might be
;cnstitutionally created by the Legislature, =
without any express auth GRITTY in the Con- ~
titution. -
SO that while il is very manifest that the =,
words Of the Constitution are not sufficient ~
o create this Office nor any of the features n
which pertain to IL, the words of the act are ~
IMPLY sufficient to create, and in point Of :,
act, were intended to create the office, with -
" the duties, prerOgatives and cmolumeuts =,
Vnlcn III now possesses. -.
But clear as IL is that the Legislature ere 80
ted this office, il is clear still that the crea- 81
ion of "A salary is an ''incrcasc" within the ~
neaning OF the Constitution. What j. the a.
Increase of IA salary? 1t is the creation of fl
part of it. If the Legislature Of which 81
1r. Griggs was a member had added only -
ne dollar ID a previously existing salary of ~
previously existing office, you viii admit "
hat he could not. during the term for
Which he was elected 10 serve IN that Legis- n
Azure have hapu apDpiutp0 10 the pIiOV-
lent of that Office or that salary. And
Why not Because the Legislature of which
e was member had created small part
{ the salary, And yet. viii you seriously
insist that while the creation of a small part
yould disqualify him. the creation Of all the
arts does not? The mere statement Of such W
n argument is its refutatiOn. w
You seem to make distinction between ii
n appointment under section 81 of article
V, and an election by the Legislature 81
nder section % of article XII. The au-
horities are all agreed in treating every va
esgnatiOn of a person for official trust, ol
'hether designated by one man acting mi
trough delayed power, or by any limited G.
lumber of men. acting in the same way, as NJ
n appointment" An election is where
II OF class. as, for example. all male in n
abitants of specified age and length OF
participate in the election. In
ne case of Shelby VS.. Alcorn, 3G Miss. 1913,
le designation was ccomplshed by means
f ballots by the Board OF Police. That -,
'as treated as an appointment. See. also, w.
ouyler's Law Dictionary, title, Appoint ~.
tent. III
These, sir, are some of the views, which ~
ID me, at the instance Of the Honorable slt
uditor OF Public Accounts. to submit for ne
Is CONSIDERATION the advice which has III
raWn Iorth your severe and elaborate crit
ism J beg to assure you that you do me
reaI justice, In supposing that 1 am sun
indful of the feelings of my friends" or
Islgned any filing" at yourself or any
a.