The Magnolia gazette., 1873-12-19
fFroal 10 JACKSON filoti
OFJUDfsEs FISH
lcIt lO< TIE I1LECIION
LAWS
1William Atkinson, Relator,

County.
This 10 an application for writ Of man.
damus.
The petition briefly alleges that the rela-
tor was elected Justice Of the Peace for
certain district Of Tate county at the
general election on the first Tuesday after
tho first Monday Of November, 1873, and
that the Registrars of said county refuse to
give him the proper certificate Of bis elec.
ton.
Tho answer Of the respondents, after
setting up the division Of the district into
two beats and the election Of one justice
for each beat, in this way making two
Justices for the district, submit as upon
demurrer that the law approved on the 18th
day Of May, 1871, under which the general
election was held, is unconstitutional.
Az there must, always, be clear right
30 rntltle party to this remedy By man.
damus, and as this right originals in a law
alleged TO be IN violation Of the Conslitu.
tion, this qu stlon comes first in order for
consideration.
The frst section OF the law in question,
declares that "A general election shall be
held 10 the several districts Of each county,
on the first Tuesday after the first Monday
Of November, 1871, and biennally there
after, as required BY the Constitution ofthis
State Section $50 Of Code.
The next section provides for the e!ec.
ton Of certain Senators, Representatives,
Clerks, Sheriff. District Attorneys, JOS
tiees Of the Peace, etc. Subsequent sections
provide for the registration Of voters and
prescribe the manner Of holding and certify.
ing the returns Of elections, etc.
The Constitution on this subject declares
that "all general elections shall BE- BY ballot,
aud shall commence and be holden every
two years, on the first Tuesday after the
fi; Monday Ia November until altered by
law" Art 4, sec. :.
Again, the Constitution requires the
Legislature to provide by law "for the
registration Of all persons entitled to vote
at any election aud prescribes an oath 10
be taken by persons entitled TO register.
Art, Z, sec. 3.
The next provision declares that "ihe
political year Of the State Of Mississippi
shall commence on the FIRST Monday Of
January in each year, and the general e!ec-
ton shall be holden on the first Tuesday
aher the first Monday in November, bien-
nially," Art u, sec. /. This section. so
far as the election is concerned. is substan.
TALLY the same as section seven, except
that the FIRST Tuesday after the first Mon.
day 10 November seems to be irreyocably
fixed as the day for holding the general
election. Comparing the Law and he few
provisions IN the Constitution, on this sub
iect, together, bat one question arises FOR
the consideration Of the Court, and that is,
whether the daty Of Ordeiing the FIRST elpc.
tion devolvei upon the Legislature. The
Constitution, though defaite IN naming the
day Of the week and the month 10 which
elections shall be held. is entirely silent as
TO the year in which the first election shall
be held after the government shall have
been organized The Constitution is posi-
tive 10 requiring biennial elections and a:
the very term bisnnial presupposes frs,
election or starting point Tor future elsc
tions, this subject was, OF coursa, left il
the sound discretion Of the Legislature
who, in prescribing rules for the govern
ment Of biennial elections, must, of neces
sity, provide for the first election. Will
it may be true that the Legislature wer
clothed with wide discretion 10 fixing ,h
year for holding the first election. strc
regard to the true spirit at least, il GOT t,
the letter Of the Constitution requiring 81
enuial election, Would admonish them tba
the election should not be postponed for d
unreasonable time, Ia the exercise Of hi
discretion, the Legislature could, 10 doubt
hayo ordered the election to be held /
either the year 1870 or in 1871, and iii
election being the first election. would hav
settled, under the Consultation, tile tin
for holding future elections. Wheth,
elections should come in the or odd
year, was a question left by the Const t,
tion with the Legislature-not that Ii
Consultation in so many words so declare
but omittiug to FIX or TO lay down any ru
on the subject to guide or to restrain Ii
Legislature aud the question being in il
very nature legislative, the power to enat
= law designating the year, like every 9th,
unrestricted power, vas purely matter {
legislative discretion. The question, thpr,
fore, coming before the Court in this lgh
il governed by the settled rule, that, whe
amatter rests purely in discretion, thoug
the Court may not have acted wisely in /,
judgment, yet, being a matter Of discrrtio,