The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-02-13

! uniting an amendment Co the Constitute
/ 70 the people ia relation to subscription G
/ porations. Referred.
APPROVED.
The Governor, through Mr.. ID. w. Rie,
/ Assistant Private Secretary, informed tn
House that he has approved the fo.lowin
bills:
H. B in relation to official bonds of i
Bolivar and CoAhoma counties.
IL. b. for the relief OF j. 2. Gibson G
Benton county.
ii. B. to amend an act to provide for grant
ing leaves of ab ;ence for Judges and othe
officers, approved -6, 1873
II: B. to regulate the pay of mem bers o
the Legislature.
II. B. to incorporate Arkabutler, Tat
county
HI to repeal section 9, of the charter o
Abbevil'e. Lsfay cite county, approved Jan
uary "A, 1870.
Ii b. to authorize Supervisors of Yalo
busha TO acquire title to real estate.
PEARL COUNTY.
NJ Tucker, chairman, made the follow
ing report:
MIR. SPEAKER-Your Committee on tn
Judiciary. to which was referred Il resolu
ZION inquiring whether Pearl county coult
be- abolished, without violation of TIN
Constitution, have performed that duty ,an(
far rs the pressure on their time woule
permit, have given the subject that atten
tion which its Importance demands.
Section 81, article 4, of the Constitution
gives the Legislature power ito provide FOL
the organization OF new counties, locating
county seats, and changing county lines
out no county shall be organized, nor The
lines OF any county changed, So as 20 in
ciude an area of less than four hundred, nol
more than six hundred and twenty five
square miles"
In tie changes 1eferred to by this section
o. Il .lo4oI
that. i'm some sort, the county shall remain
in existence. 4 change cannot be made in
the outlines of body which has ceased to
exist. Ii a county disappear forever from
the map of Mississippi, it cannot be said
tha. the boundaries Of that county are
changed. The lines that once marked its
boundaries have disappeared with the body
they enclosed. It is very clear that if Pearl
remains one of the counties of Mississi ppi,
no alteration of its lines could be made by
the Legislature, Which would Increase it,
area above 625, or decrease it below 400
square miles. No such gu stion is present
ed. Tue inquiry is, can the Legislature
abolish County? Your com mittee find in
the Constitution no prohibition, and con-
clude that il such power exists, there is
no limitation thereon, and it may be right
fully exercised.
Before offering an opinion as to the power
the Legislature may exercise over a county,
it may be well to inquire what county is.
The Supreme Court of Ohio, in the case OF
Hamilton county vs. Mighels, TIN Ohio, had
said that securities are at most but local or
CARNATIONS. which for the purposes of civil
administration, are invested with a
few functions characteristic of a
corporate existence. They are local sub
divisions of State, created by the sovereign
power of the State, of its own sovereign
will, without the particular solicitation,
consent, or concurrent action of the people
" no inhabit them" A country is public
or political rpOra0Dn-SometimeS, on ac-
count of its limited corporate powers,
termed quasi corporation.
The Legislature has no power nor control
over privileges and franchises granted to
private corporation, such for instance as a
band or turnpike. because being for pri-
waite benefit, as well as for the public good,
the acceptance of the franchises constitutes
a contract, and the privileges granted be-
come a vested right.
Tue rule which governs public or politi-
cal corporations is very different. Created
for public and political purposes only, such
can never have vested rights
as against the legislative power which
created them. Nelson. j., in the People VS..
Morris, Is Wendell, says: 1T is an I'M
sound and even absurd proposition. that
political power conferred by the Les ;~:ature
can become vcs;ed right as against the
government, in any individual or body of
men," In the State Bank vs. Knoop, 10Th
Howard, u. s. Judge Mclean gives an
opinion on this point, as follows: Public
or municipal corporations are established
for the local government of towns, or par
ticular districts. The special powers con :
ferred on them are not vested rights, as
against the State, but, being wholly pOliti-
cal, exist only during the Will of the
general Legislature; otherwise there would
be numberleSs petty governments existing
within the State, and forming part of it,
but independent of the sovereign power.''
A county is the creature of the Legislature
and when it fails to accomplish the purposes
for which it was erected, and TO subServe
the public good, for which its corporate
powers were granted. your committee are
abolished, at the will of the Legislature
which gave it existence. Judge Mclean
in the ease of the State Bank VS.. KnoOp,
before cited, speaking of powers granted to
public or municipal corporations, says,
''such powers may at any time be
repealed or abrogated by the Legis-
lature. either by general law operating
upon the whole State, or by special act
altering the powers of the corporation.
Treating of counties, cities and towns as
Legislatures may rightfuliy exercise over
them, Judge Dillon in his works on munich
pal corporations, section 80, page 139, says
at (the LEGISLATURE may enact, change, di-
vide and even abolish them, at pleasure, as
it deems the public good to require" This
CELL and Ames in their work on corporations
section 81, page 81. They y,.''the right to,
establish, alter or abolish such corporations
seems to be a principle inherent in the very
nature of the institutions themselves, since
all mere municipal regulations must from
the nature of things, be subject to the abso-
lutte control of the government"
A more extended review of the authori-
Ties would be i'm proper in the limits assign
ed to committees report. Those already
cited are sufficient to sustain the conclu-
sions at which your committee has arrived
that Pearl county, as a political corpora
ton, has no vested rights as against the
State and that it may be abolished, if the
Legislature so wills. OF the necessity and
the policy of this cou -se, the House is the
best Judge and will decide tor itself. The
question may arise, what will become of the
territory if this county is abolished ? Can
it be so appropriated as to avoid violation
of the Constitution by Increasing the area oil
other counties beyond the Constitutional
limits of 625 square miles? Naturally the
territory of Pearl would resolve itself into
its original elements and return to the par
ent counties, Hancock AID Marion. and it is
to be presumed that bill to abolish, If in
trodnced, will SO provide. Each of these
counties now contain large excess over
625 square miles, and any addition thereto
would be a violation of neither the let
ter nor the spirit of the CONSTITUENCIES
pecially so in this instance, a. the origina
boundaries of Hancock and Marion wou!C
be restored as they stood and were recog.
nized, when the present Constitution wa
adopted.
With the facts connected with the history
of Pearl county your committee has moth
ing to do, but as matter OF Information i
might be well to state, that incidentally tx
this investigation, your com&ittee mas learn
ed that Pearl county has neither built 1
Court House, a jail nor Clerks nor Shef
if-s Office, nor a single bridge since its or
ganlzation some six years ago. Twelve
months since the records of the county wer'
burned and she has not since been able t.
purchase books to supply the loss. Tn,
county is now without Court House, with.
out Jail, without a Clerks or Sheriff
office, without records, and is considerably
In debt for its current expenses.
Having performed the duty imposed