The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-11-17

by telegraph.
D. Jones, w. III. Luse,
w. S. Epperson, j. c. Prewett,
r. S. Hudson, j. III. Holt,
+. Dreaming, r. Bowman,
! G. j. Burrus, G. v. Gwin,
g. Andrews, A. M. Harlow
R. G. Hudson, G. E. Wilkinson
Nov. 6, 1875.
To the above dispatch the followin,
answer was received:
CANTON, Nov. 9. 1875.
To Judge Hudson and others of the YazO,
Bar:
can't hold Court without a legally
qualified Sheriff present. Soon as Morgan
is back, or your new Sheriff is qualified
will hold special term as may suit you
best. w. B. CUNNINGHAM.
31-Collect.
On motion, the President appointed
A. NJ. Harlow, Garrett Andrews and j.
&. Prewitt, Committee to consider
the above correspondence and report by
preamble and resolutions thereon.
The Committee reported the following
preamble and resolutions, which were,
on motion, unanimously adopted, viz
Whereas, The Hon. w. Ben. Cunning
ham, Judge of the 18th Judicial District,
has omitted, neglected and refused to
hold Court in Yazoo county for the
November Term, 1875 and, whereas,
the business on the civil docket, is unnec-
essarily continued and delayed, thus
causing annoyance and pecuniary loss to
lltigants; and, whereas, there are a
number of prisoners now confined in Jail,
who have right to and should have d
speedy trial, but, under existing facts
to, this constitutional right has
been denied and refused, thus adding
greatly to the expenses of the county as
we'll as suspending, for the time, the exc
,ution of the criminal law; the Bar
Association of Yazoo county, Miss,
having met for the purpose of taking
ome action suiled to this unexpected and |
nexcusable conduct of the Circuit
Judge of this District, do unanimous
y adopt the following resolutions, to-
Wit
l. That the Judge of this, the 18th.
judicial District, in neglecting, failing
nd refusing to hold the November
,erm of the Circuit Court in this county.
as shown disregard for the public in
erests and an indifference to official obi
ations and duties, which does not admit
t excuse or palliation, and calls for Sc
ere censure and unqualified condemna-
on.
I'd. That the time has now arrived
hen we deem it our duty to remind
lis Honor that, under the s'biIl of ,
ghts" still guaranteed to the. people of
Lississippi, it is declared that fall courts
lal be open, and every person, for an {
Jury done him in his lands, goods, per- s
N or reputation, shall have remedy by 1
lie course of law, and right and justice a
imlnistered without sale, denial or de- i
y" I
I'd. That, while we recognise and ad- j,
re to the theory that the judicial v
beer in his judicial action on the bench. {,
ould be impartial and Independent, i:
t, We hold that all officers are the SER D
nts of the people, and when the enjoy n
ent of his salary becomes of higher s
portance than the performance of b,
lclal duty, the officer should, in our re
1gment, resign his commission to the pt
partment fram which he received it, ID
thus enable the appointing power 20
the vacancy by the appointment of
2 who will not undertake the impor-
ice of official obligation, and who. r
n ability, fidelity and impartiality, 10
discharge the duties of official trust.
Eth. That if the Hon. w. B. Cum tn
CHAM, in his letter of the 9th inst. fin
oiished above, intended to intimate oW
term of court could not be held ha
account of any disturbance in this thu
MY, or for want of a legally qualified att
'rlH therein, then we say that such in St'
alton is wholly and alphabetically un- adj
). sid
That as the Sheriff's Office of this AK
nty is now, and has been, in full and c.eI
bstructed operation, and as A. T. ITO
gan, the Sheriff of the county. is. wa
has been, represented by competent .py.
lties, there is no truth in the state mai
t that the November Term of ths sip
t cannot be held on account of any
Guilty in the Sherif's office, or in the
ution of the functions of that Office. 7
even If the assertion of Judge Cum x-a,
ham were true, that he could not sc e.
court 'without legally qualified ~ ~.
lift present" his Honor cannot be so 80
ly ignorant as not to know that. bv :sPF
the court has full power to appoint 'e 1,
erif pro tempore until return to duty Il,
e Sheriff illegally qualified. ~ ~s'
That we hope there is no truth in ~,
opular rumor or suspicion that the
mt term of court is pretermitted in ~
lterest of any persons probably in TT
4 Jnrv ~ ''e''s A''O"s OF the luml
!. That this Association has been n
1t, indulgent and forbearing; not
Jed to complain while abuses could
Grated, and, as the present il not the m
Instance which we would have been II
ed in complaining, We now feel in tn
sn and required by the circum- adop
; 70 say that, II his Honor, the at Ia
of this Judicial district, will imme- D.
? resign his compission, such action L. -
part viii not be objected to on onr,. 80 IL
q the contrary, it will meet the P Phi
approval of the Bar Association Of VI
county. a# Ies.o'
That the Secretary Of this Asso, .nat .
be requested to forword by mail -. :
these proceedings to the Hon. w 'A'1 ~
TO His Excellency, the - -
Tor of the State; and that the 800
E published in THE CLARION, Ia ~ e~sI !
pers Of Yaz0o City, and that the 1 - Z
ewspaper of this Judicial District t'1's''e
ested to copy. - ~
notion the meeting adjourned. =
E.ssr1sc 80 Z 800 S,-s I-17' lesA her hu
!. = $3.50 -" % ssa ) 81 negro
, 79--7 = 80 = s.szsAs the co