The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-05-05
The Drummer's Case.

The UrQmm case.
The Supreme Court, in an elaborate
and unanswerab!e opinion delivered by
Judge Campbell on Monday last, uphold
the Act of the Legislature known as the
Tax Law.
The specific objection urged to the
law, was that the Limitation on the power
of incorporated towns to tax persons
and selling by sample, which
was added to the bill by amendment in
the Senate and afterwards agreed to by
the House. was not enrolled as part Of
the bill. From this it was argued that
the law is not in fact the law which the
Legislature passed or intended to pass,
and that all Of it, or, at least, 50 much as
imposes a tax on dfummer's, is nullity.
The court declines 70 look behind the
enrolled bill duly signed by the Speaker
Of the House, the President Of the Senate
and the Governor, in accordance with
the requirements Of the Constitution, TO
the journals Of the two branches of the
LEGISLATURE TO determine whether it con-
tairs all that the Legislature intended
that it should contain; bat holds that
The Act itself, when properly authenti-
Gated, is conclusive evidence of the legis-
Iative will, and cannot be gainsaid by a
70 ordinate department OF the Govern
ment
The question in the case of Green q
Weller SO Miss, $50, was whether Con
,titutional amendment had been adopt
"a BY the required two thirds majority
Judge Handy was of the opinion that .
mai rity Of two thirds meant majority
oftwo-thirds Of quorum Of either Hous
aud not two thirds Of the Who'll,
uumber elected to either House. Blu
lside from this, he was Of the opinion
that the amendment having been signeC
by the presiding officers of the TIVE
houses and by the Governor, the jour
uals could not be consulted to ascertain
whether it had passed according to th
requirements of the Constitution. Tn
| present Court is of the opinion
that while Judge Handy was RICH
IN the general question as to tn
enrolled bill being conclusive ev
idence in the enactment of law.
ne was clearly wrong in applyin
that wholesome rule to a proposal t
amend the Constitution; because pre-
posal to amend the constitution is nc
a bill, and the Constitution of 1873.
similar to that of 1869 in this regard
| hoes not require that such a propose
shall be signed by the presiding officer
If the two Houses or BY the Governor
| The case Of green q. Weller presented
case in which the present court are c
the opinion that the journals should b
examined; because in no other wa
could it be determined that the Lagisla
ture had adopted an amendment fC
submission to the electors. In this sam
case Judge Smith was Of the opinio
that the journals should be examined
aud to this extent he is sustained by tn
present court; but he made no distin
ton between LAW and a proposal t
amend the Constitution as do the preseI
court. On the contrary he argued til
question as if proposal to amend til
. Constitution were subject to all the pr
visions regulating the passage of lay
just as Judge Handy did. Judge Cam
bell says in his opinion in the drummer
case, that were the question in Green
| Weller before the court as now organized
they would probably decide thai the
is no power in the court to review IL
conjoint action of the Legislature an
the electors. Such is the viewthat judy
Fisher is reported to have held whe
Green u. Weller was decided
The case of Bradyg. Vest so Miss, 7
, overruled the case of Green q. Helie
5 aud is itself overruled, by the drummer
clse.
Whether a drummer who does n,
make sales, but merely solic;ts orde
! which are subject to rejection by b
principal, comes within the meaning
! the act, was not decided That questic
e will doubtless re raised by a plea OF n
t guilty and trial.
e The power of the State to tax travt
= ing sales.len or solicitors was conced
by the attorneys for the relator and W
not discussed
Our legal department may be look,
to for fuller synopsis of the opini'
aud the arguments on which it is base
The question involved was one of Il
most important ever decided by al
court, and the opinion stands full
abreast with the finest specimens of j
dicial desputation.