The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-06-12
Opinion of Ghe ALdOrney-GaeneraI
i'm the GrIggs Case.
He Is Declared Ineligible.
ATTORNEY GENERALS OFFICE.l
JACKSON, Mss, June 6, 1873. (

ATTORNEY GENERALS OFFICE.l
| JACKSON, MISS, June 6, 1873.
Hon. II. MuSgroUe, auditor OF Public Ac-
counts:
SIR: / have had under consideration for
| several weeks past your letter of the Both
of April requesting my opinion as to the
constitutional validity of the election of
the Hon. Richard Griggs, of Issaquena
county, to the office of Commissioner OF
| immigration and Agriculture. From the
statement OF facts contained in your letter
| and in the extract. which you are pleased
! to enclose, from the official proceedings of
| the joint convention of the Senate and
| House of Representatives, by which the
election was made, it appears that Mr..
Griggs was a me.a Der of that body when il
| created the office, fixed its salary and elect
ed him to fill and enjoy it; and that, as you
observe, after the election was over a every
respectable number" of the members who
participated ''in the election of Mr., Griggs"
entered their "solemn protest" against the
validity of the election.
This " solemn protest" wonld have been
quite as effective in preventing violation
of the constitution If 1t had been entered
before the election, and while the Hon. Mr.
Streets name. which now appears as one of
the signers of the protest, was before the
joint convention as candidate for the same
effice, and receiving the votes of some of
his associates. Notwithstanding he, also, was
a member of the same body, and took part
in the same legislation and election. against
the result of which, after he was fairly de-
feated by Mr.. Griggs, he and his associates
now entey this solemn protest" The sug-
gestion will force itself upon the minds OF
all who examine these proceedings of the
joint convention. that possibly if Mr. Street
instead of Mr.. Griggs had been the sue
cessful candidate, the constitutional diff
culties in the way of q member Of the Leg
islature holding the Office would not have
been so promptly discovered, nor the pages
of the journals adorned with the rhetoric
contained in this "sOlemn protest."
Nor Is II TO be forgotten that some Of the
members who did not sign this protest, but
on the contrary supported Mr.. Griggs for
the ofhce, did so only at the last moment,
and would not have done so at all, if they
had not been convinced that no Senator or
Representative in that Iegislatuture could.
or would be allowed to hold the office or
draw its emoluments.
am at a loss why the question of CON
stltutlonal eligibility now raised against
Mr.. Griggs has not at some time within the
iast three years been raised against any one
OF the several distinguished white citizens
VINO 10 within tn time have been appointed
10 nigh office, and whose salaries, amount
ing In the aggregate to upwards of 100000
nave been paid regularly and In full, not
wlthstanding they, too, were members Of
the Legislature which had organized their
oHces and fixed their compensation. And
still more am | at a loss to understand yvbv
THIS question OF eligibility has never been
raised against Mrs. II. r. Pease, wife of the
state superintendent of Education, who
was appointed by her husband to the Office
created by section 2003 OF the Revised Code
OF ISL, Z public Office which cannot be
constltutionally filled except bv the an
pointment OF a qualified elector' See see-
ton 4. article z, of the State Constitution.
ana 4 ia AIcorn VS.. Shelby, SO Miss Rep. 273.
And yet, though filling the Office In nal
pable violation of the plain letter Of TIC
on CONSTITUTION, and against the solemn pro-
Ie s.o Oh tne late Secretary of State and the
AHetorhey General, constituting a maioritv
oI the State Board OF Education, which sba
~ appointed by her husband to serve as
LEI. LEI secretary, and though she has never
11Ppeared but once in the presence ~ ~ |
l.sM whose secretary she processes In ~
,.ill her official salary for nearly two vesrs \
,as been regularly and fully paid, and NJ !
-aised. mas ever been
IA n ,s enforcing, 50 far as the Constitution
rer@ra1,t 1ave given me the power 10 do so'
VI tue nrst time involved, and Ia this CO..