The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-16
VOLUME XIII.

latuTe shall pass laws to exclude from off >.
and from suffrage persons convicted of bri
bery, e u; The legislature shall urovid,
houses OF refuge for the correction and refor-
nation Of juvenile offenders z PSI
therefore no just argument in favor Of a
particular construction can be founded on tbs
suggestion that section Is is nuga,orv if II
can have no operation except that which the
legislature may see proper 10 give l.. for tbi s
ls true OF the various other provisions above
alluded to-
! Provisions of this character are found in
the constitutions of all the states Of the
U mon In none of the recent merican con sti-
! tutlons texeept that of Nevadal viii be found
any provision which puts any restriction on
the power Of the legislature 10 limit aud con-
troll local taxation
1t is recognized evil that the power Of local
/ taxation is used to the injury CT property in
/ terests, and in all the new con stitutions the
! exercise Of the power is restricted.
! There is a difference between The absolute
/ denial Of power and a Just regulation Of is
exercise. 4 prohibition against denial eau
/ not fairly be construed into an exclusion of
an otherwise acknowledged right to control
I and supervise.
! If a different construction from that - hich
we ADOPT he correct, the power of the board Of
supervisors TO make levies to build and repair
court houses, jaiis and bridges, extends also
70 other necessary conveniences' for the PEG
pie of the county; and the board would have
the unlimited power 10 determine what are
necessary eonveniences' Except 70 roads
and ferries) and TO provide the same at any
TX pcuSt- n lower 50 ample Is alaTHli ny, anu
Is Inconsistent with the right Of private pro-
perty. Such sway over property has never
been granted to any body of magistracy in a
republican government.
The opposite construction involves the great
est inconsistency in the trainers of the consti-
tdtiOn. To justify such meaning,
suppose that some great mischief existed to
court houses, Jails and the means OF inter
course among the people, and that il was in
tended to remedy this by securing to the coun-
ties absolute control over those matters. But
4 81
lature to restrict the boards of supervisors IS
unquestioned. Supervisors v. DC Fadden, 81
Miss. 6l8
We have, then, this result. The board of
supervisors can not. without legislative
authority. spend dollar to repair a road or
establish ferry, but IN ly without restriction
build bridges
Continuously since 1871, shortly after the
constitution was adopted, has been in force
statute limiting the power of the board under
the section in question. On five different
occasions the legislative construction has
been expressed, and such construction should |
prevail, except in a clear case, Especially is |
this true here, the question Is to be regard /
ed as of a political nature, not involving |
private rights.
In the case of Supervisors v Klein, 81 Miss, |
807 and in Gamble v. Witty, So Miss, Is, il |
was conceded at the bar that the special tax |
provided for in the clause under consideration |
was beyond the control of the Legislature; |
and this now seems to have been adopted by |
the court without an examination into the |
grounds which the concession at the bar |
was based.
Notwithsa nding these decisions, the legis- |
lature, containing some Of the ablest lawyers |
in the state, both in 1873 and in 1880, re-enac-
ted the restric i've laws before noticed
We are fully impressed with the force of !
The doctrine of stare decisis, in cases to which |
it is properly applicable. We are also i'm
pressed with the weight due the opinions of
the learned Judges who concurred in these |
opinions But we do not deem that in
question of this Importance We ought to sur
render our convictions, fortified as they are by |
the action of the political department of the
government to the authority of these cases.
In Lombard V. Lombard, 81 Miss, III, 1t
was said, that on constitutional questions,
where the former decision refused rlgut
reserved to individuals as against the power
Of the government, or where it impaired the
power of the people or their representatives
to prevent administration by their
off GERS and age nts, sanctioned an alienation
Of Legislative power conferred for the public
good little hesitation should be felt in depart
ing from it when satisfied of its incorrect
ness.
The history of the times and the experience
of every state in the Union teach us that the
safeguard which these decisions have over
thrown is essential.
Decree reversed and ccuse remanded nth direc-
tons to modify the injunction according TO this
opinion.