The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-01-09
GOVERNORS MESSAGE.
conc UDED FROM THE FIRST PAGE


such legislation may be necessary to leave
the of filing vacancies county Offices no longer
matter OF doubt Section 1882 OF the Code, should be
made to apply to every officer in the county Boards of
Supervisors should be required order special elections
to fill all vacancies without unnecessary delay, and (as
the Constitution fails to provide for filling the vacancies
pending the election, often occasioniDg nerregnum of
from 20 to so days. the to appoint temporarily
should be lodged somewhere Section 314, of the Code,
only provides the temporary appointment of clerk
sheriff, when the vacancy has not been filed
sin the manner prescribed by law" before the
mencement of the term of any court which such officer is
required to attend.
COUNSEL IN STATE CASES.
In my Annual Message your immediate predecessors
called attention to the necessity of making proys
ion for employing counsel to represent the State in the
Supreme Court of the United States in two pend
ing before that tribunal One the of the State
the NJ. d O. H. H. Co.. the other was the case of the
State the n O., NJ. & G. r. r. Co. No action what
ever taken upon the recommendation contained in
the Message. In May last, employed Hon. A. NJ Clay
ton of Benton county to represent the State Section
1879 the Code makes it the duty the Governor when
ever his opinion the interest the State requires to
employ counsel to assist the Attorney General in the de-
suits against the State agree with such
counsel to the amount of such compensation, and to
certify to the Auditor of Public Accounts that the
vices have been performed In the absence of appro
pration purpose Auditor is forbidden
his the State Treasury in payment of the
amount agreed upon. AS informed that the two
cases mentioned would not come I'D in the Supreme
Court at Washington, until sometime after the adjourn
ment Of the Legislature in 1877 preferred submitting
the matter for legislative action in the hope that might
pensaton should be definitely fixed by appropriation.
did not wish to take the responsibility of making
definite agreement with counsel, and trusting to the Leg
sature to make appropriation for the compensation
promised l. therefore, placed the Whole matter in the
hands of your predecessors
Since my last Annual Message another case, in which
the State party, has been carried to the Supreme
Court Of the United States and is pending 1t is the
of the State John B. Stone AL appealed from
Warren county. and generally known the Lottery
case"
repeat my Recommendation and trust you will make
employing
State counsel in the Supreme Court at Washington,
the three cases mentioned 1t is not possible for the
Attorney General represent the State at Washington
and the interest of the State requires the employment Of
assistant counsel.
EXPENSES OF THE JUDICIARY DEPARTMENT
Many complaints have reached me in regard to the
penses of the judiciary Department of the State. In
many counties, it is alleged these expenses unneces
say large of the fact that it is not possible
that they be less than during other days, when the
number of gants and criminals before the courts was
not large at presents but there why the
pruning knife should not be applied to the judiciary De
partment of every county, we'll elsewhere Under
the law of 1875 (shee Acts PIP 4043,) all the expenses
oil the Judiciary made payable out Of the treasury
of the respective counties where the services
formed ask your attention to the matter, confident you
will do whatever may be necessary the com
plants, they be removed without interfering with
the due administration Of justice
MUNICIPAL TAXATION
desire to call your attention to the subject of Municipal
Taxation Some legislation is needed to put limit upon
the power of cities and towns to levy for corporation
purposes In instances taxes LEVIED currency
by cities and towns of those authorized by the
Legislature State and county purposes So grievous
has become the burden of municipal taxahon that in
many localities the proposition suggested and seriously
entertained of surrenderng the corporation charters and
adopting some plan which will secure benefits at least
equal those secured by the charters and nconsider
able expense While the assessed and collected for
the purposes of paying the expenses of the
State and countless much less than during any year
of the past yet the heavy taxes still assessed and
collected by many municipal corporations prevent the
the corporations confer benefits at all commensurate with
the burdens which they impose.
The subject deserves careful consideration at your
hands.
PAY OF OFFICERS OF THE LEGISLATURE.
Section 800 of the Code of 1871 allows the Secretary
of the Senate and Clerk House Represents
tve five days after the adjournment OF the Legislature
to bring up the unfinished business to be paid therefor
the rate per diem they receive for the session 1t has
been the custom of each house. during the closing hours
its session. allow by resolution certain number of
days the Secretary and Clerk to complete its unfinished
business An examination of the Auditors books shows
that these officers not only draw full per diem
number days allowed by the Code but addition,
for their entire clerical force for the number allowed by
the resolution of each house The labor performed after
the adjournment is very slight, requiring longer
than day bring the matter to your attention, as
the Legislature may have overlooked the Section of the
Code mentioned, and the compensation for closing
labors allowed by statute is already than sufficient
to pay for the work performed.
VACANCIES IN THE SENATE
Several vacancies having occurred in the Senate dur
ing the past year. issued writs of elections and the
vacancies filled at the general election the 9th
of November. Elections ordered in the following
Senatorial Districts wits IYth District fill the
caney occasoned by the resignation of Hon. Henry c.
Griffin; With District, fill the vacancy occasioned by
the resignation of Hon. T. G. Catchings XIth District
to fill the vacancy occasioned by the resignation Hon
Amos r. Johnston; XXVIIth District to fill the vacancy
occasioned by the resignation of Hon R. Chalmers
DEATH OF rx-eov. CHARLES CLARK
On the 18th day December last Elk Governor Charles
Clark Chancellor of the 4th District died his residence
in Bolivar county In the death of this distinguished
Mississippi has sustained great and almost rrepar