The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-15

| IL 10 uWuy thc put W tOU-
slider the right az secured to the counties,
is to give efficacy to II. The expressed will
of the sovereign IL that the right should not
be denied 10 regard that will u c0nstruc-
ton which will preclude Its being thwarted
shonld be adopted.
There is nothing In amy Of the words en-
ployed in the section, when presents any
view. The word ''su6fcient" does not sug-
gest the idea Of Legislative determination
OF the sum of money to be raised. 1t is .
Limitation Of the right secured to the
counties. Authority Is given to raise
enough money, no more, for the objects
named. What Is SUFFICIENT (enOugh) ID de-
terminable by what Is necessary to pay for
the things named. That is to be determined
by computation. The facts in each ease
| finnish the guide as to what Is sufficient.
| The board of police had formerly caused
courthouses, jails and bridges to be erect
ed, and this power was continued in the
same body by its new name of Board Of
| Supervisors by the new constitution. Ii
was made with reference, rs before stated.
to the existing order Of things. 1t had
practical view, and must be read with ref
| ereuce to the state of society in which and
for which it was made. BY existing law,
when it was made, it was declared that the
board Of police "may levy special tax for
the erection or repair OF the courthouse,
| jail, Vi DGluSts,
whether the zane shall exceed the state tax
or not, to be applied to no other purpose"
| This law was continued in force and in
substance was transplanted into the con-
stitutiOn in the section under cOnsidera-
| ton. The words, "and other necessary
conveniences for the people Of the county,
are added to the objects specified, to EN-
brace things of the same kind with those
named, and which are considered necessa-
nv for the public convenience. Being for
| the people Of the county il seems harmOni-
Gus with the principle of local government
as to local matters that they who are I'M
mediately concerned in benefits and bur-
dens should be the judges OF what are nee
essary conyeniences to them.
The division of the State into counties,
and the administration of the affairs of each
county by officers elected by the qualified
electors of each county, and decentrdlizd-
tiOa by committing to local management
everything except what pertains to the
| State ut large ID fayorite theory in Ameri-
can practice, and has characterized the gov
eminent of this State AS shown by its his
tory contained in its several constitutions
and laws. This feature Is preserved in the
present constitution, and the right of each
county to do certain things, in u certain
way, with restrictions on abuse of the
right, il elevated from mere statutory ere
alton, liable constantly to change, to the
/
this be not the meaning Of the section UNI
der review its insertion was folly and its
| effect nugatOry.
There is danger Of constituting the con-
stitution by the varying circumstances of
society, as determined by the condition of
different counties, with respect to their
qualified electors, and the apprehension
that may arise of the abuse Of the right
in some counties, If it shall be held to be
secured to them by the constitution. 1t Is
wholly inadmissible to construe the consti-
tuition by any such consideration. The
division into counties, and the provision
for the local administration of the internal
matters Of each without regard to differ
cnees of population as likely to produce
good or bad administration are all that can
properly looked to. The Constitution
treats all counties alike. Each is to have
the same tribunals, the same officers and
the same rights. The true Office OF inter-
probation is TO look ut the system, to dis
cover the scheme as applied TO all, and TO
give effect TO 1t.
Experience shows that local matters can
best be left to local control, and that. "A COM
munity Immediately interested in benefits
for which il is TO pay may be safely entrus-
ted with their procurement. That Is the
plan of government found In existence
with the added safeguards contained in
Sec. 10, Art. II, which shouldb construed
in harmony with the plan.
What il called contempOrane0us con-
struction Legislative action Is entitled TO
little wright in asccrtaining the meaning
the. constitution. IL has been but nine
years since the Constitution was adopted,
and If il be true that during that time tue
Legislature has assumed to infringe right,
the exercise Of which IL had, only the right
te regulate, that Is not u reason for this
court to accept Legislative perversion AS u
guide for its high prerogatiye to cxpound
the Constitution correctly, and guard II
from violation. This case, and others
which have been before this court show
that the practice of the counties has been
to levy taxes for the purposes enumerated
in See. 10, Art. XII, Of the Constitution,
without regard to the limit imposed by the
Legislature for the leyying Of taxes, which
shows that the fight of the Legislature TO
limit the amount of taxas as TO the subjects
named in the Constitutional provision has
not been acquiesced In by the counties
and twice has this court declared, In eases
presenting the question directly and requir-
ing its decision, that the Boards OF Super
yisors had the right TO disregard the limita-
ton imposed as to these matters. This an
nouncement caused neither revolution nor
surprise, and led to no proposal TO amend
the Constitution in the matter mentioned,
although the subject Of amending the Con.
stitution has been considered and IL has
been amended In another matter.
wou,u SIN .i VIA. .ne u., ~ ~, oi tnis
you. .our. ~ ~ .ne iIas VI ane .ons.u
.ou '','i,,n.aI a'.;o,, - en lesp.e'
- tns eIu, ,' S,. ao ,,,,a y, e ~, %
Mhien may ,,'n ni'in,, ~, " , ~ 81 81,
passs ~ I'M ~ . inJ oo" w '''''''' o"''
~ ~ ia, hau ~. al ;.o.r..,.,; a. annual
VI. ',.it az 20 nai,n,, u ~
"a W, Iu !, r. IT,, ~ ,,'o "a, 49, a. H., 4,
pe me,Hneh ~ ,ha ~. re,,re. . ln ~
snou,1 os mu .oun,,es assp,nhIad a, ,hn
','.nr,,ua,,, a., hs,,nr ,,as,,ino
sea. " hn 80 ,an Ill.,. ~ ,,,i',i,
a. 70 tuo ,.a u, ~ e,',',,,i 70 a.
eh a,,r,,' 80 ,,aais Tho nxarcisa ~ ~
eao .i sob ~, ,ho Ionisia,,,ra &C. nrascriho
po"c. ~! ~ ~. III ~ a. :" p,,',,i, -.
i ray. , -, ~ much 'nis.hias Ill.,
oe PHI 80, ,,;doI, ~ na',,,I.,io,, ,arr;.
..i .,L,s,ai ,har.,,oris, IL anJ o,hor ~
.ory, pn. sn'" WA, ~ s,,,,,i,n, e or III ,ho
eun .ar ,',,r,,osns ~ ono ,,,.y he svhaII, H..
pIoPu, ~ 80 a. ,ysn,s ~ a,hors ra;o ~
aueiui ar 40 ho aanara, ,,,,s, 10 isroa
a.,.,I, ,,r ,,,oso .hich roa,ire mo-, anJ
ehoushdI, ,bs, A. 90 s,,,,;ns, ,hnso ,,,,,,l
~ aoaia,, Ii,,Ia 90 d. ~ny,. ayii a. ~.
W. .n ~ Ri, = ,,,,,aJ .,.;,., ~ $500
s'. ~ ,on'ar r., ,ha .o,,ns;as inianarrJsn,
~, ~ . y, ~, H. I.sisia,nro ,,thnr;,.
y, ,sorrcd Nv. ac, ~ he I.gisis,nre ~
ea,n ,aoro H. ,a~.,in, ,h.a T. raeass.ry
~, ~ r,o,l ~ ,,rl;,ai,.J no,,,or ~:
y from The Constitntion' Power must
II