The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-03-10

Fl ii
tertiary and Prisons, that it is the opinion !,
of the Committee. to use the Senator's +
own words, that the Superintendent of
the Pe1itentiary may lawfully contract +
for any necessary repairs or improve :
ments actually needed with the approval =
of the Governor" and that THE
CLARION statement that the Committee
had reported to the Senate that the Act
of March IS, 1884, only authorizes the
Superintendent to contract for repairs,
aud does not authorize any contract TO
be made for improvements" is unjust 10
the Committee.
We think that the Committee is to
blame for the erroneous Interpretation
placed by us on its report, as we will
endeayor to show.
In the Committees report is copied
the preamble and resolutions under
which the report was made, and among
the numerous uhreases we find the fol
lowing;
AND WHEREAS, The Act Of March Is,
1884, defining the duties of the Superin
tendent Of the Penitentiary only author |
| ICES the Superintendent to contract for |
repairs sicl, and does not authorize any |
contract to be made for Improvements, !
/ etc.
This preamble is preceded by Others
in which it is declared that the act Of
March y, 1884, "was intended to prevent
the expenditure of the money due the
State annually" by the Lessees of the
Penitentiary; chat contracts for the
expenditure of said money arising
from said lease, were only authorized
by Section three ~" of the Act of
1877; that the Legislature did re-
peal said section three (3) by the
fourth section of said Act of March u,
1884, and that 1t appears from the
Report of the superintendent of the
7 Penitentiary, that notwithstanding tho
intention of the Legislature, as expressed
g by said Act Of March II, 1884, and not
3 wthstanding the fact that the Legisla
= ture did repeal said third section of said
Act of January 81, 1870, said Superin
tendent made contractin 1884, with said
Lessees, whereby he enabled said Lessees
to pay the large sum of S27, 343,39 in
, improvements, instead of in cash, as
{ directed and required by said law"
Among other things the Committee
= was instructed to investigate and report
c to the Senate
. 3 What contracts have been made
r during the year 1884 and 1885, by the
{ Superintendent of the Penitentiary with
l. said Lessees, and under what authority
of law.
g. What work has been done under
: such contracts, and whether said con
tracts were for repairs or improvements.
There are ten whereases in the pre-
amble stating the reasons and intent Of
Is the Instructions to the Committee, and
e every one Of them asserts want of statu
20 tory power in the perintendent, Will
II or without the approval of the Governor
ct to make contracts with the Lessees 70
II improvements; and this alleged lack o
n power in the Superintendent to contract
le forms the pith and marrow of the pro
D. ceedings under which the Committe,
made the report.
ID What response did the Committe,
a make to the ten-times aohereased pre-
81 amble? Senator Boone points out th'
re following, which we give in the exac
style in which it is printed in the Com
Is mittees report:
q The Committee find that the Legisla
lie ture of 1884 passed IAN Act t. amend
# An Act entitled AN Act defining tn,
duties of the Superintendent of th'
Penitentiary of the State of Missis-
d. sippi,' approved March 9th, 1882, anC
h section of said Act is as follows:
ir SEC :. Be 1t further enacted, That in cas-
Of an aecidentto he PeRdeafiary building
or any necessary rep0irs or Improvements &c
ID tudEty needed, the Superintendent of III,
! Penuentiary may contract for such repairs
:" wi iii the approval of the Governor, Upol
r he preservation of an itemized account o
n such expendi IRE app owed by Il e Gov
~ eruor, to be Auditor of Public Accounts
re II shall be his duty TO draw his ply war
n. ram upon the Treasurer for he same ,whiel
shall be paid cut OF the funds derived from
re the ease of the Penitent.ary.
)r Which is the only law your Commit
ie tee has been able to find that in any
70 way authorized the Superintendent
! with the approval of the Governor" t.
u contract for necessary repairs and i'm
is provements actually needed"
s Considering the serious nature of tn,
he charge that the Superintendent had M
re power, under any circumstances, to con
is tract with the Lesseess for improvements
1t and the fact that the charge formed tn,
as basis of the lengthy preamble declaring
the reason and intent Of the special in
,e structions given the Committee, VI
y think now that the response of the Com
n mittee well warranted he con
at clusion that they were of tn
y same opinion as the author of tn,
N preamble, to.wit: that the Act of Marcel
Il 10, 1884, authorize the Superintendent
D. to contract for repairs, and does no
re authorize any contracts to be made fo
ID Improvements. This is net the languag,
st of the Committee, we admit, but it il
IS what we believed to be the opinion O
IS the Committee, expressed in the Ian
guage OF the author of the preamble.
le This preamble, gravely censuring ths
n Governor and the Superintendent of the
r Penitentiary, it is now admitted by the
;. Committee was founded on an erroneous
e construction of the law. Endorsed by the
Senate on its presentation to that body
e it has been telegraphed far and wide and
been commented on with more or less
e severity by many of the newspapers of
r this State, and, perhaps, elsewhere. 1t
i is impossible that the Senator'S could
:. have had accurate knowledge of its
+ contents when it was adopted, and yet
] it was adopted by large majority.
7 1t announced a construction of GER
tain statutory language, which could
not be maintained in any reputable
court of the land, and yet some of tie
best lawyers in the State voted for it
without hesitation.
: The practice of prefacing laws and
resolutions with preambles is not a
= good one, and should not be INDUCED
: in except where preambles are indispen-
SADLY necessary; but to adopt a pre-
> amble inculpatirg acitizen of the State,
: based Oh mistaken view of the law or
the facts of case, is wholly indefensi-
bic.
We. hope- that the Legislature will
[ take counsel of the examnle We have