The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1878-02-08

49, P1,"ih, Hall, Hampton, Hatch. Heath.
4 ~ Henry, Hicks OF Kinds, Hill. Howl
NJ NJ :, hey, Lewis, Liddeli, Love, Lu.k.
marshali OF Carroll, Marshall ~ Holm.
MARSHALL Of Warren, Martin. McCniin,n
Mc1ehee OF Wilkinson Nckenzie Mo
SWlne Nc Whorter, Metts, Miller OF Conan
MILLER OF Pamela, Montgomery Of Oktibheba
no'uy' moore. Nelson, Niles, Mum, Parker,
- an ferklns, Reed OF ChoctaW, Reid OF
Goahoma, Redhead, Richardson. Roana
Roberts Robinson, Scott. Seabrook- Seal
Shands, Smith, Spighr, Stamper. Showers,
street, Ilson, Irest, Tucker. Wall. Warren
washington, Whitaker. Wilson, Wood.
1onng OF Calhoun and Young OF Pamela
lilo.
-, ABSENT Messrs. Applewhite, Bunch.
Gay. Cunningham of Monroe, Dabney ,Day'
Goodrum, Hicks Of Yaz0o, Hogin, johnson.
LioOE, Magee of Franklin, Mel can. Mont
Gofnery of Marshall, Pintard, Raimey, Ram
sey, Spinks, aud Tarver-19
Leave OF absence granted MessrS Mont
Sonery OF Marshall and Pntard
Mr.. Gibson, chairman. reported the en-
rolinent 81 number OF bills
BY Mr.. Street. A joint resolution pro
posing an amendmenC to the Constitution
TO be submitted to the people i'm relation to
court houses and jails. Referred
By Mr.. Street A joint resolution sub
hitting an amendment to the Constitution
TO the people in relation to subscription or
loan by counties, cities and towns to cor
p0Fatl0us. Referred
APPROVED.
The Governor, through Mr.. d. w. Rice.
Assistant Private Secretary, informed the
House that he has approved the following
bills:
II. 3. in relation to official bonds of. in
Bolivar and COahOma counties.
Ii, b. for the relief Of j. Z. Gibson of
Benton county.
ii. B. to amend an act to provide for grant
ing leaves Of absence for judges and other
| officers, approved - 6, 1873.
Il, b. TO regulate the pay Of members Of
the Legislature.
II. B. to incorporate Arkabutler, Tate
county.
Ii. 3. to repeal section o OF the charter OF
AbDaVli'e, Lafayette county, approved Jan
uarV "a, 1870.
II B. to authorize Supervisors OF Yalo
| buSha t. acquire title to real estate
PEARL COUNTY.
NJ Tucker, chairman, made the follow
ing report:
MR. SPEAKER-Your Committee on the
judiciary, to which was referred 4 resOiu-
tiOn inQUiring whether Pearl county cOuid
| be abolished, without a violation OF the
! Constitution, have performed that duLV and
as far rs the pressure on their time would
permit, have given the subject that atten-
ton which its Importance demands
Section 81, article 4, of the Constitution,
gives the Legislature power ito provide for
the organization OF new counties, locating
county seats, and changing county lines ::
but no county shall be organized, nor the
lines OF any county changed, s. az to in
ciude an area Of less than four hundred, nor
more than six hundred aud twenty five
square miles.
In the changes referred to by this section.
the Constitution evidently cOntem plated
that, in some sort, the county shall remain
in existence. change cannot be made III
the outlines of BODY which has ceased to
exist. Ii a county disappear forever from
the map of Mississippi, Il cannot be said
! that the boundaries of that county ar,
changed. The lines that once marked its
| boundaries have disappeared with the body
I they enclosed It is very clear that If Pearl
! remains one Of the counties OF Mississippi,
| no alteration OF its lines could be made by
! the Legislature, which would increase its
| area above 625. or decrease it below 400
! square miles No such question is present
ed The inquiry is, can Jne Legislature
abolish a county? Your committee find in
the Constitution no prohibition, and con
clude that if such power exists, there Is
no limitation thereon, and it may be right
| fully exercised.
Before offering nopini0n as TO the power
J the LEGISLATURE may exercise over county,
/ il may be we'll 30 Inquire what county Is.
/ The Supreme Court OF ONO. in the case o.
/
! said that ''cOunties are at most but local or
carnations. which for tue purposes of civil
| administration, are invested with a
! few functions characteristic Of q
corporate existence. They are local sub
| divisions of Il 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
who inAabit them" A country is public
or political pOration-SOm etimeS, on ac-
count of Its limited corporate powers,
| termed quasi corporation
! The Legislature has no power nor control
oyer privileges and franchises granted to a
nriyate corporation, such for instance as a
baud or a turnpike. because being for pri-
waite benefit as we'll as for the public good,
the acceptance of the franchises constitutes
A contract, and the privileges granted be-
come a vested right
The rule which governs public or politi-
cal corporations Is very different. Created
for public aud political purposes only, such
CORPORATIONS can never have vested rights
as against the legislative power winch
created them. Nelson. j., in the People VS..
Morris, Is Wendell, says: 1T Is an un-
sound and even absurd proposition, that
nolitical power conferred by the Legislature
can become q vested right as against the
Government, in any individual or body OF
men" In the State Bank VS. Ahoop, l65h
Howard. O. s. Judge Mclean gives an
opinion on this point, as loio"S: uoliC
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, a
AGAINST the State, but, being wholly politi
cal, exist only during The will of the
general Legislature; otherwise there would
be numherless petty governments eXisting
within tue State, and forming part of it
? but independent OF the sovereign power
!, 4 county i the creature of the Legislature
ana when it fails TO accomplish the purpose
for which it was erected, and 10 snbserv'
t The public good, for which its corporal
: mowers were granted. your committee are
IT The opinion that it may be abrogated 0
q abolished, at the viii OF the Legislator
: which rave it existence. Judge McLea
in the case of the State Bank vs.. knoop
before he ore cited. speaking of powers granted L
! nnblic or municipal corporations, says
- ,n,,,,ry may ar any time b