Weekly commercial herald. (Vicksburg, Miss.) 1884-18??, 1886-01-15

ATFORNEY-GEEERAL.
to take effect on the 18th Of February,
ensuing. / appointed Hon. 4. s.
Ford, Of Marion county, a lawyer Of
high character, long experience and
distinguished ability, to I'LL the va
cancy, and he has since discharged
| the duties of the Office with charac-
teristic vig0r and fidelity.
On the recommendation of the At
tOrney-G General, and by virtue of the
authority conferred on me by the act
approved March 10, 1884, l en-
plOyed Gen. j. L. Harris to repre-
sent the State in the Supreme Court
of the United States in the case of the
New Orleans, Mobile and Texas
Railroad Company VS.. The State of
Mississippi, ex rel, District Attorney,
&c. Ihave the pleasure to report
that he secured the early determine
ton of the case in favor of the State,
and that the bridge of the railroad
company across the mouth of Pearl
river has been since removed, and
another erected in conformity with
its charter, which permits the free
and uninterrupted navigation of
Pearl river and its tributaries.
In obedience to the act approved
March s., 1882, the Acknowledgement
Instituted legal proceedings to cOm-
pei the Mobile and Texas Railroad
Company to remove its stationary
bridge over the West Pascagoula
river in Jackson county so that the
navigation of the stream might be
interrupted, and the case, which
was removed from the State Courts
on application Of the railroad com
pany, is now pending in the Federal
Court for the Southern District. 1t
is uniformly held that it is Compel
ent for the State, in absence of cOn-
gressional legislation on the subject,
to empower persons or corporations to
erect and maintain bridges without
draws over its navigable waters, and
Congress alone has the power to de-
clare the obstruction a nuisance and
direct its abatement. | am, there
fore, convinced that this case must be
decided adversely to the State, and
in anticipation Of that result re-
commend a memorial to Congress or
such other action as the importance
and nature of the subject NAV sug-
gest.
/ respectfully recommend that the
Acknowledgement be required to pre-
serve copies of all official opinions de-
livered by him, and to report the
same, as other State officers are re-
quired to do, for publication in the
Department Reports. His opinions
are constantly sought by the various
State and county officials on questions
of daily recurrence, and their publ
cation in the manner suggested would
greatly facilitate the prompt and
proper transaction Of public business.
1t would also, besides insuring con-
sistency and harmony of official eX-
preston, lesson the labOrs Of each
succeeding Acknowledgement, and
thereby enable him to devote more
attention to the remaining duties of
the office. 1t is also manifest that
the knowledge that his opinions
were to undergo critical public ex-
animation, and to become precedent:
for the guidance Of his successors
would cause the General tC
give them thought and consideration
he might not ordinarily bestoW on
them; and this | may suggest as one
of the advantages of the requirement
proposed, without any reflection on
the able and accomplished lawyers
who have heretofore so acceptably
filled this position.
Early in 1885, Hon. B. f. Trimble
the distinguished Judge Of the
FOURTH JUDICIAL DISTRICT.
was stricken with paralysis, and no
courts have been held in that district
since, except Us judges Of other dis
tricts found time to hold the same.
The service was purely voluntary
and without compensation, as the
fourth district was not embraced in
the act of March 18th, 1884, which
authorized the Governor, to assign
some Judge or judges to hold courts
in certain districts, named, when in
his opinion the same became neces-
sary or proper. This failure to hold
courts has resulted in a practical de.
NAL of justice in many cases, and haS
entailed large expense on the coun'
ties comprising the district for the
case of persons accused of crime. Ir
Washington county alone tWele
men are now committed on charge
of murder, besides commitment fol
other offenses. When a judge be
comes unable to discharge his dutie,
during the session Of the Legislature
provision is made for his removal
but when the disability occurs durinc
the recess of the Legislature there j
no relief, if the incumbent decline:
to resign, until the next session.
The people of this district noWanX
iousIy look to the Legislature for tht
relief which it alone a afford.
recommend that in disposing of thil
case, the Legislature also provide TO
similar cases that may arise in flu
ture.
At different periods in the histor!
Of the State
CHARTERS
have been granted to corporations
comforting in many instances, tn
most extravagant privileges. Man,
of these charters are yet unearned ant
can be repealed at the pleasure of tn
Legislature. But some of them can
not be repealed, under the doctrine