Vicksburg weekly herald., 1878-01-11

4 kNNANa n HaHh MHAaAH aAANf
"Aauy State cases are reversed s. tne
supreme Court because the tFanacgiptof
the record iails 20 snow apFopeF OTgAnixa-
tiOu OF the Grand Jur or failg properly
/ 70 STOW the bringing j. and hltng Of the
indictment; or falls to show afirmatiYely
that the prisoner was present % Court
during the trial, or during come portion
thereof ITecOmmend legislation pr0vld.
| ing that no reversal shall take place upOn
on the subject was made Ia the lower
Court, and that where such motion
was made In the lower Court, Il
shall b. the duty Of that Court %
correct ell improper ent ies 90 as 10 show
the facts as they occurred"
II ls impIssible - perceive. any obiec.
too to the Legislation here recommended.
Accused persons would be deprived Of no
advantages demanded by Justice They
Sould not even be deprived OF any teehni-
cal errors and omissions whilh might oc.
cur In the proceedings agaiast them They
would simply stand Ia the Supreme Court
exactly as they stood in tho Court
be Ow, and not be permitted % obtain re-.
Yersals BY untrue presumptiOns that Ger.
tain things had not been done 10 the lower
Court, when, In point Of fast, these things
had been done. Much time and expense
| 10 the state and counties Will be saved by
I the Legislation here recommended, and no
possible injustice can bO done N any one.
CHANGE OF VENUE IN STATE CASES.
eGtion 1, Of Article XII, Of the Consti.
tuition Of The State, IL in these words:
/ The Legislature shall provide by law, for
! the indic ment and trial Of persons charged
with the commission Of any felony In any
county other than that In whi b the Otfense
was committed, whenever. owing to pre-.
ludice, or any other cause, an impartial
grand or petit jury cannot be impaneled
In the comfy In which the Otlense was
committed" The legislature has prnvld.
ed Tor the change Of venue In criminal
cases, when the application for such
change shall be mads By the prisoner, or
party indicted. tCOde 1871, section 2,762l.
No provision has been made for change OF
venue upon application Of the State.
Cases often arise wherein, owing to pre-
Judice, OrOtbeF c Iuse, an imp pArliai grand
or petit Try cannot he lmpaneled in the
county OF the Udense II was manifestly
the intention OF the iTsmaTs Of the Consti.
tuition 10 authorize and direct tue Legisla.
ture provide for allowing q change OF
venue upin application OF the State Sec
ton I, OF Aiicle |, OF the Constitution,
I Bill Of RIghts,) Is not Ia conflict with
section 4, Of Article MI, above quoted,
and question II any one will doubt the
power Of the l. gislature In the premises.
ask your attention 10 the matter, be.
lleying the ctuse OF justice will be pro.
mUted by giving the State the power 10
change the venue In criminal cases, in the
manner contemplated by tho COnstltu.
tion.
VACANCIES IN COUNTY OFFICES.
There one subIec upon which l deem
livery important there should be- some aa.
dilional legislation. Frequently, vacan-
cles occur 10 county Offices, and peculiar
circu usiancei exist which delay the elec.
ton OF persons TO OIL them. Indeed, a
short delay OF from Two TO { ur weeks IL
invariably necessary under present laws.
Tue Constitution, (Art. VI, SEQ. 2lj. pro.
vides that the Boards OF Supervisors .'shall
order all clunty elections T. ill vacancies
that may arise In the Offices NJ their re.
spectiYe Counties" section 10 OF Article
V 10 In these words: "All vacancies. not
provided for In this Constitution, shall be
hl!ed In such manner as the Legislature
may presCr be-" In 1874 the Legislature
passed an Act requiring Boards 0f super.
visors u give sixty dai O. notice Of an cleo
tlOn to fill vacancies, and empO wering the
Cove nor 10 oil the Ofises by appoint ment,
the appOintees to continue % hold until
the Vacanc should be illed by election,
Acts 1914, Extra Session, page q This
Act was repealed In 1875. Acts 1870,
page 3S
Some provision should bs made for the
filling OF vacancies pending the action Of
ths Boards OF Supervise Il 10 contend.
ed by several able lawyers, In whose
Judgement have tho utmost confidence,
that section 10 OF the Code cOnfers upon
the Executive the power to al vacancies
BY Temporary aPpolntment. l cannot
agree with them, but am OF the OpiuIOn
that the Executive is positively Inhibited
ilom making such an appointment. have
given the subject very careful thought,
aud have consulted the abl, ct legal gentle.
men In the state. find considerable an.
ference Of Opinioa, and am not WIllinRto
exercise power which 70 not clearly con.
lerre by the Constitution and laws OF the
state. Tue Legislation OF 1876 cOnYln lee
I me that " was almost th undivided 0pln-
lon Uf your predecessors that IL, Rxecu.
tive does not possess the power 10 nll a
vacancy 10 county OliOe, how yer trivial
and Insignificant. There are macy laws
/ upon the statute bOUks Ia which these
words occur, speaking Of eDnnty ofa ,es;
And the vac tncy shall he Tiled In the
manner provided by law" Yet with the
exception Of justices Of the Pbaoe ana
Constables aud the Code is specific in
sta Ing hOW Boards Of SupeFVlsOFs shall
proceed TO order elections " dll Vaoan.
cies In these Ofllces, Section 1891, the
Code only speaks 10 general terms, as IN
section 1898: "They Boards of Super
vlsOts 81 shall order elections N Hll Vacan.
Giles that may cur In any Of the Ofices OF
their respective cOuntiesn
The laws arc greatly defective on tho sub
iect. / recommend such legislation rs may
be necessary to leave the manner Of Eilling
vacancies in county Offices no longer n mat
ter OF doubt Section 1893 of the Code
should DO made 10 apply 10 every officer In
the county. Boards Of Supervisors should
be required to order special elections TO 'fll
all vacancies without unnecessary DELAY. gnd
las the Constitution fails TO provide for an.
ing the vacancies pending tho election, often
occaslOning an interregnum of from twenty
TO fifty days the power 10 appoint temper
arily should be lodged somewhere. Section
3l4 of the Code only provides for the tenn
porary appointment OF Clerk, Sheriff or Cor
oner when the vacancy has not been Allied
in the manner prescribed by Law" on or be-
fore the commencement Of the term OF any
court which such officer Is required 70 attend
COUNSEL IN STATE CASES.
In my annual message to your immediate
predecessors called attention 70 the neces-
sity Of making some provision for employ
ing counsel to represent the State In the Su.
preme Court Of the United States, in two
cases pending before that tribunal. One was
the case Of the State vs. the N. & ORR.
~ ha nthor ,,r,u lba o,s, - Al.