The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-01-03

credtable display entered and first honors were
awarded the Mississippi Mills at Wesson, and the Whit
field Manufacturing Company at Corinth for several
classes Of fabrics exhibited by those establishments
The Board Of Managers will submit to you detailed
statement Of expenditures pertaining to the Exhibition
and their report will show that although the appropriation
limited to five thousand dollars considerable por
ton unexpended and has been returned to the State
Treasury.
NEEDED LEGISLATION.
Right Of Redemption.
Many prominent legal gentlemen, different portions
the State have called my attention to the fact that the
Revenue Law of April 9Th, 1876 either entirely falls or
is not sufficiently clear and explicit in its effort
the right Of redemption when land sold for taxes to an
individual, and not struck off to the State 1t must
tany have been the intention of the Legislature secure
the right of redemption in such But by careful
reading Of section As opp. 534 Sheet Acts it will be
that if done ALL is done in such doubtful terms
that Courts will settle the question before
will be safe for the citizen Nearly every person takes
granted that the right Of redemption in the
dton named and it is too important and vital matter to
be involved in doubt
l recommend immediate legislation this subject,
land you cannot give it attention too early in your
son Not only should the Legislature declare in unmis
takeabe terms what its meaning was but the redemp-
ton when lands sold for taxes to individuals should
be reserved and secured in equally unmistakeable
1t should not be left subject for judicial construction
Injunction Of lures.
BY an passed your last session. the power of the
citizen stay the collection of taxes by injunction
greatly enlarged Before the issuance of the writ, the
should be required give bond to the State
county, the may be- in double the amount of the
enioned with least good surees, conditioned
for the payment lin case of failure) Of the tax with
damages and the Chancery Court in its order
dissoIuon final Decree should give judgment upon
the bond for the taxes enoined with damages and costs
Legislation upon this subject is made absolutely neces
sarv by decision of the Supreme Court of the State
its present session. in the Of 1.-The State
r. d. Harris Tax Collector of Rankin county, in which it
held that where the collection OF has been stayed
by injunction beyond the time fixed by law for distress
sale there power in the Collector to seize and
sell property of the citizen. The taxes WILL therefore,
lost unless authority is given to the Chancery Court
to % oG F r 6ond e9 her aRes
enjoned, just private person is protected when
judgment is enoined recommend such legislation as
be to meet the decision OF the Supreme
Court.
Reyerso1 Of State Cases
Many State cases are reversed the Supreme Court
because the transcript of the record fails show proper
organization of the Grand Jury fails properly to show
the bringing in and filing of the indictments fails to
show armativelv that the prisoner was present in Court
during the trial during portion thereof Irecom
mend legislation providing that reversal shall take
Mace unon anv of these grounds except when motion on
the subject made in the lower Court and that where
such motion made in the lower Court it shall be the
duty of that Court correct all improper entries to
show the facts as they occurred.
Statute Of Limitations.
At common law the State is not bound by the Statute
of Limitations. Very States nations have
bound themselves but State, by section 2169, of
the Revised Code of1S71 (Which copied from the Code
1S57 Chapter LVII Art. % p. 1929 the Statute of
Limitations IS made applicable to the State as to lndyd
uals. This should be allowed to stand to moneyed de-
mands and personal property, but | recommend it be
repealed real estate, otherwise the State in dan
oflosng valuable public lands and school lands 1t
is impossible in the nature of things that the State
watch with the vigilance individual her lands
scattered over her entire surface.
VACANCIES IN THE LEGISLATURES.
Since your last session two of your have been
removed by death: Hon David Jenkins of the Rep
resentaves from the county of Madison, and Hon j. NJ
McInnis, Representative from Harrison and Jackson
counties In pursuance of the Constitution, ordered
elections fill the caused by the death of the
members named also ordered elections to fill the fol
lowing other vacancies in the Legislature tow Hon. c.
NJ Walden of the representatives from the county of
Carroll resigned Hon Samuel Powell, of the Repre-
sentatiyes from the county of DeSoo, resigned Hon
b. Graham, Senator from the IXth district resigned Hon
II g. Mcclure Senator from the XVIII district, expelled
from the Senate at It's last session The hav
ing under the act of March Dist 1876 assumed the du
ties of Governor, an election ordered for Senator
from the AAIInd district
EXcmEFJUsrIcE pEYToN.
cannot in justice to the worth and memory who
was for many years. hOnored and conscientious public
servant, make mention the DEATH your
adjournment last spring, of the Hon Ephram G. Peyton
EX ChefusGce of the Supreme Court of the State. An
eminent iurist and man of ncorruptibe integrity, he
discharged the duties of the exalted and responsible
position with honor to himself and the State Filled with
honors and years, he has gone to his grave sincerely
mourned by the people he served so faithfully.
CONCLUSION.
desire to return thanks the heads Departments,
and those serving under them for most cheerful assist
rendered all occasions sincerely hope that
session be pleasant to yourselves and
profitable your constituents May Heavenly
Guide direct and prosper all your consultations to the
safety and welfare Of every citizen of the State
And when your legislative labors have ended and you
shall have returned your homes may each of you
deserve and receive from grateful constituency, the
plaudlt: ell done, thou good and faithful servant