New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-10
THE MISSISSIPPI CASE.

Attorney-G General Morris's opinion, declaring
that no election can be held legally in Mississippi til
November OF year. long and Il in support cf
a similar opinion delivered by the same officer In ISL
Its main points as follows:
Section $50 Of the Code OF 1871 provides that gen
era election shall be held in the several counties on te
fret Tuesday after the first Monday in November, 1911
This election was accordingly held and al the officers
then elected were qualified and installed for full consu-
tuOna terms Of two or four wears, respectively Dut
the Legislature that was elected at the time, 10y
an al approved April q, 1873 Gee Pamphlet
Laws. fpage ~, declared that same election, SO
District Attorneys, "a special ana not general cleo
ton" And though the Constitution expressly declares
that all those oficers shall hold their Offices for term
OF four years." and though they eecled only two
years ago. this act proposes now to dismiss them ron
Office ana 10 require them 70 he elected
ia 1873. Now, il IL true that tho election was
special election But II eonld not nave Deeil geera
election for part OF the officers, and special eecuO
,Sc other officers eeced ar that time az it was far
as the same applies District Attorneys. circuit clerks
that fnad6 mat election "A specia ana not
a general election" far these officers are con,
cerned, made it for the same reasons, rs sgai
presently show, special as TO all who were eeceu ~
Again the act OF January u, 1871 Code, sec 1928 ct
seq), required that the Leglatue 70 DC eigg,1 an
the first Monday in the next succeeding January. Tue
mrnres ON that day lne Constitution limits the tcrus
OF office Representatives 10 two years. ana OF sch
IN our wears And yet that same Legsature, while in
one act as we have seen, II assumes TO cut OH Two
years from the constitutional terms OF ID DsI'St
ititaPnevs aud 40 clerks OF the courts, By
another act undertakes extend their own terms from
the first the third Monday III January. See acls VI
,ao ne m the fact is hat the legislative cODetruc-
ton legislative enactments, aud the practice when
they have authorized aud upon which we nave siI1d,
are all IN open conflict every part WIN $50 -
part and In still more open conflict win the rights %
the people and all the present officers OF Deats eoh'
and state aud IN yet sti more open aud p'paDic con
y examination it appears that all the state oiceIs'
members OF the Legshure, ami COhgItssule "eIV
IA ffF ia IA Ia
were elected all at the same elgctOni tnat Jhat
was TO hold good in all their cases Tor tlc utS
fractional teru AMI also Tor the succeeding ll term
and that rbey were a 10 20 forward tOStthcf NETS
uring their full official terms bl the Intervals ,%t"
general elections, al Oh WHICH arc " "a '''U '''
me Governor and other State officers uuder this Con
stitutiOn iuauguutcd on the Ib OF Mt.eh l,'''
ana the Consultation requires heu like the Congress-
men elected at the same ume 10 hold ouiht 'uo !ss
menfary term when was passing 40 the ulo o. '.iI
inetaation and also Tor the next succeeding iuli
term" Can the Legislature, for inc sake o hiylhT an
nual campaigns anu elections issue an
rJct 10 dismiss these officers in less han lOur years
They certainly caunot a.. ,,,.,.,., ,.,o...,-,
For the reasons | have given the DistTictAuorueg
and county officers chosen III 1871, and the state Officers
i'm tailed in March 1870 Tor Wncre d"atu. icsgualo o.
removal has occurred their SUCCESSOR Tor me uhcApc
full term), must OF course hou over tll lciI H.
shall elected at the CONSTITUTIONAL genera t4-ctlVL III
November, 1914 The Legislature can, II necessary bo
convened IN extraordinary session IN oIehGl VI ~
cenber and then hold over, III VACATION M t.r sue
oessurs shall be elected with the STATE and county on
Gers Fall This course, and no Other can ana VIZ
uut an end, and forever To the UNCONSTITUTIONAL
system OF apnual elections upon which We were aool To
enter bW atiDg general election THIS Fali, and bring
back our election system and practice to their cOhttu-
tional orbit. . ,
The question, in its bearing upon the government OF
the Stale at this time is purely an Executive question
and "a such Is removed in its exercise 1rOm tho
Judiciary as the veto pardoning power IL IS par
eay above and beyond the reach OF any process Juag
mcut or decree; It involves incalculable interest
20 the state now and hereafter; and 1t must
be decided, II at all now, and solely by the ENecu-
tive poWcr guided always should be, by it, IeopOn
sibtes to the Constitution, winch requires The ENecu
tive 10 zee that the laws faithfully executed Tue
nower of the Executive in such emergency abundant
and unlimited. In asserting the supremacy OF The Con-
.fitulion upon matter OF such transcendent import
auce such prompt action, or resOlute nOndCtou, as
small be decisive and eIcctual is clearly demanded b.
thc pubic interests and the still more solemn obligations
tt,. 4 'ntt.Tif