The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1874-10-15

ernor ana the Senate, YacancIeS-or IN
expired terms-are flied by nomination
and confirmation.
If Judge Simrall is right in assertin!
that 1.-THE Constitution intends point o
time when the terms of all officers begir
and end !" and, If he is correct in holding
| that the clause Of the Constitution, fixing
the beginning OF the political year, wa,
intended to indicate the commencement
of the terms of elective officers and
/ 1t Is appreheneed that no one viii contro
| vert either OF these propositions, mas
much as no other time Is u med for the
beginning of the terms OF the Judges,
| it follows inevitably that the ''Constitu-
/ tion intends" the beginning of the. po-
/ Iit.eal year, as the time when the terms
/ Of the JUICES shall begin. And, 50
| judged this 10 be the point of time" for
the beginning Of the terms of AL officers
created by the Constitutinn-tha the
question is res adjuIjeata.
If this view il correct, and it appears
to result necessarily from the clause of the
Constitution expoanded by Judge Sim
rail, the act OF the Legislature naming
''the day Of the date Of commission" of
the Judges as the time for the begin
ming of their terms, is null and void.
This provision of the statute being I'M
supported by any clause of the Constitu-
ton, and being in direct conflict with the
section Interpreted by the Court in the
case cited, has no validity.
The non professional reader is liable to
be misied in considering this question,
by affiXing TO the word political" what
the great photographer calls it '1ooser
sense" of meaning political affairs, or
the contests OF parties for power" As
the word 'spolitical" is used in the Con-
stitu5ion it must be taken in It's most
comprehensive sense of pertaining to the
science Of civil government A Judge
has as much to do with the science snd
business Of government rs Governor or
q legislator, and hence his office is in THE
sense as much political as either of the
others, and is rs much included in the
clause of the Constitution under discus
sion.
The great inconvenience and intermin-
able confusion that must result from anv
ether Interpretation Of the Contribution,
indicate the absolute necessity OF a uni
form time for the beginning and ending
of the terms Of all offices IF all judicial
terms are to begia on ''ihe day OF the
date of the commission" Of the incumbent,
the terms OF the twenty ChanceIlors first
appointed under the Constitution, expired
at irregular intervals between May and
August Of the present year. The succes-
s0rs TO all these Oh incelIors have been
named by the Governor, but very few of
them have been confirmed by the Senate
The Governor may nominate to the
Senate for confirmation the present
incumhents, or others, as he deems best.
Until they are confirmed the nomination
of the Judge is fully under the control of
the executive. Then the Senate mey
reject some. or all Of his nominees, and
he may be forced - re-nomnate; and, in
any event the S-nafa is likely TO confirm
nj irregular intervals ot time But under
this Law each appointee, whether he is
appointed Gd interim, OF for full term,
begins his term con the day of the date
of his commission, and Tor a full term
no commission can issue until confirma-
ton by the Senate. Now, il is absurd |
to suppose that the Constitution ever
to place the commencement |
Of term of office created by it, within |
discretion Of the Governor or the Senate |
Yet such IS the result of this law, and |
the irregularity in nominating and con-
firming, which results of necessity from it, |
IS viii be readily seen, will very soon /
cause the term OF some one of the thirty !
six Judges and Chancellors to expire, not /
only III every year, bat IN very nearly /
every quarter of every year And, then, +
if it he true a. asserted, that the Govern /
OF cannot appoint for full term without /
the advice and consent Of the Senate, !
quarterly sessions of that body become a /
necessity. A construction cf the Con. /
-titution 80 expensive, 50 announcement, +
and absurd, can only he avoided hy the /
claimed; and, if it be held /
that the clause referred to does not |
specially authorize it, the position that /
I'll Constitutions creating offices must he |
construed as fixing vii h as mach certain |
y the beginning as the duration of the /
erms thereof Is irresis tably logical, and |
n perfect keeping with the line OF judicial
decision.
B 1t it has been asserted that a parallel I
,ase was decided in this State under the /
Constitution Of 1882 That instrument |
'equired the Judges of the Circuit Courts
o be elected for the term Of four years
md, where term had partly expired the
Legislature created new district, and
provided for the election of nm additional
Judge and District Attorney. Judge
iuIing was elected Judge, and he claimed
hat under the Constitution he was enti-
led 10 a full terra of four years. In the
curse of time the validity of Judge HUI
lugs claim came before the High Court of
errors AMI Appeals, was decided by Mis-
issippi's greatest jurist, and the decision
exported in the case of Smith vs.. Ralfacre
n 9Th Towards Reports.
Judge Sharkey very cl arly showed
hat Judge Huling only took by his cleo
ion the balance of the term remaining
o his colleagues on the bench. At that
arly day he saw what Judge Simrall
0 well expressed as the point of time"
Intended by the Constitution for the be-
inning and ending of all terms of office
nd he deduced that point of time"
rom the clause of the Constitution of
832, which pointed out the mode of put ;
ing the government under it into opera :
ion. A clause which, when we consider
he peculiar purpose and phraseology of ,
he two provisions, is far less clear and ,
satisfactory, than the article relating to .
he political year from which Judge Sim
all deduces MS ''point of time" Judge .
harkey also presented in very strong :
erms the necessity of uniformity in the ,
eglnning and ending of the terms of the :
Judges; and thus, while the facts of the ,
wo cases are not the same, the questions :
DR. decision, aud the conclusion reached,
re precisely parallel.
Among the results of this interpre- |
alton of the Constitution are the follow
1g:
The terms of the fsrentr ChannnIInra