American citizen. [volume] (Canton, Miss.) 1864-1890, 1873-09-27
All for Naught.

In obedience to the request or
Governor Powers, Attorney-Gcner-
al Morris has delivered a lengthy
opinion. the gIst cf which is that
there can be E0 general election lie
pally held in this State until 40
vembcr 1874. If this opinion Is
sustained, the campaign OF 1873 Is
at an end. and Alcorn and Ames
relieved of the annoyance of heat
ed political contest. 1t will serve
Furthermore, to give the ''bolters'
time for reflection over their recent
folly. and enable the Democracy to
prepare for grand victory in 1874.
The following are the salient points
of the Attorney-Generals opinion
Section 356 of the code of 1871
provides that :" a general election
shall be held in the several counties
on the first Tuesday after the first
Monday in November, 1S1i.' This
election was accordingly held, ana
All the officers then elected were
qualified aud installed for full con
stitutional terms of two or four
wears, respectively. BIT the Leg
islature that was elected at the
same time, by an act approved
April ri, 1873 (scc Pamphlet Laws,
d. 4J). declared that same election,
so far as relates 10 Chancery Clerks,
and District Attorneys, ga special
and not a general election" And
though the Constitution expressly
declares that all those officers '.shall
! hold their offices for a term of four
wears" and though tl:ey were cleo
{ ted only two years ago, this act
proposes now to dismiss them from
| office, and to require them to sur
render their places to Snch persons
as may be eiectei in 1873.
Now. it is true that the election
was IL special election. But it
could not have been a general elec-
ton for part Of the officers, and
a special election for the
rest. 1t was as much special. in
respect to all the other officers
elected at the time, as it was $50
far as the same applies to District
Attorneys, Circuit Clerks and
Chancery Clerks" because the same
Constitutional provisions that made
that election ga special aud not a
general election,' so far as these Off
GERS are concerned, made it for the
same reasons, as | shall presently
show, special as to all acho acre
| elected at the same time,
. L., - w
1871 (Code, 5 32S ct seq J required
that the Legislature to be elected
in November of that year. should
meet and be sworn in on the first
Monday in the next succeeding
January. The terms Of Office of
each member of the Legislature
commences on that day. The Con
stitution limits the terms OF Office of
Representatives to two years, and
of Senators to four years. And
vet that same Legislature, which in
one act, as we have seen. 1t assun-
es to cW of two years from the
Constitutional terms of fifteen Dis
tr!ct Attorneys, and one hundred
and forty clerks of the courts, by
another act undertakes to extend
their own terms from the first to
10 the third Monday i'll January.
See acts of 1872, p. 81.
Bat this IS not all. The extension
Of the terms OF Senators and Repre-
tscntatives operates &c RecessjfGte, to
extend for the same or perhaps for
a greater length OF time the official
terms of The Governor and all
the other States officers elected at
the same time. Because the Cons
Stitution (article >. section p re-
uUircS that the returns of every
election for Governor shall he seals
ed and transmitted to the Secreta>
ay of State. who shall deliver them
TO the Speaker of the House of Rep
reSentativeS at the next ensuing
session OF the Legislature. during,
the first week of which session the
said Speaker shall open and publish
them in the presence of both Hous-
eS, and the person having the highs
est number of votes shall be Coy
ernor," etc. Thus, the extension of
the time for the meeting of the new
| Legislature, not only extends the
term OF the old, but inaSmnch as
! the votes for Governor cannot be
opened, and the result announced
until the first week of the new Leg
| islature, and inasmuch as the votes
| for Governor are sealed with the
! returns for the other State officers,
! this extension of the terms OF the
! Senators and Representatives, nee
essarily extends the terms of all the
State officers for the same length
of time. Because by another sec
ton COO ''ail officers in this State
are required to hold until their sue
cessors there Ill shall be daily quail
| fed"