The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-02-05
THE LAWS MaSHES.
The Big Fish Escape and tho Minnows
Are Caught.

The Big Fish Escape and tho Minnows
Are Caught.
From the Chlckasaw (Niiss.) Messenger
Mississippi law makers are either most
unfortunate in the wording of our civil
statutes, or else the State is most shame
fully cursed by technical judiciary, who
in expounding the lazy affecting the tax
payers usually distort its plain meaning
and intent into an excuse TO decide in
favor OF swindling ligitants, in the person
OF grasping officials, tricky lessees or rob-
Der corporations.
About the only merit the bill providing
for reduction OF the number OF Circuit
Judges and Chancellors, passed at the last
Legislature, could boast was that it would
save several thousand dollars to the peo-
pie each year. The reduction in number
Of Judges necessarily increased the labor
of those retained and the Legislature
thought it proper to increase their pay
from s., 900 to 81, $50 per annum.
II was expected, of course, that the
officers who were retired would draw
their salary at the rate OF s., 800 until their
term expired. because the Supreme Court
lawyer, or broken down political hack was
once pensioned on the people for given
time, he had acquired "a vested right" to
be supported at public expense until that
time had fully expired. But certainly
nobody expected or intended that the re-
tired official, who had no service to per-
form for the State, should have his pay IN
creased. Nevertheless, Judge Wharton,
oil Jackson, one OF the four or five Judges
whose services had been dispensed with,
by virtue OF the redistrcting act, brought
suit Tor increased pay from the date of the
passage Of the act until the expiration Of
his term and the legal luminary who pre-
sided at the trial complacently decided in
favor OF the plaintiff and against the State
Treasury And this is said to be a test
case, and all the other deCapitatcd "Wool
sacks" come in for their share OF the
spOils, thus mulcting the peoples treas
ury TO the tune OF some thousands OF dol
lars
Another case in point is the decision Of
Judge Chrstnan in the case OF the state
vs.. the lessccsof the Pcnitentiary and their
sureties demanding the money due Tor
the hire OF the cOnyicts for the years 1885
and 1885. The contract provided that
Hamilton, Allen & Co. should pay the
State $50, 40 per year for the lease Of the
Penitenliary, and bond was given for the
faithful performance Of the agreement.
Not dollar has been paid for these years,
yet the court decides, because the Legisla-
ture Of 1884, at the instance Of the lessees,
authorized them 10 transfer the lease 10
the Gulf 4 ship Island Railroad upon the
filing, with the approval by the Governor,
of a 100000 bond by the company, that
the original sureties were not liable on
their bond for the lease money, notwith.
standing the fact that no transfer was
made or attempted TO be made until De-
ccmber, 1885, and no bond was filed
which the Governor could or would
approve. II Is n fact Of record made
positive by the testimony OF the President
OF the Railroad Company, that no trans.
fer was made for more than two years
after the act Of 1884 was passed aud II
upon a legal toChnality the surcties were
discharged, certainly the lcssees them.
selves owe the State more than $4,000,
but the indications are that the courts
will release them also, and permit the
people 10 be boldly and unblushingly
| robbed Of the amount Of money Justly due.
When a lot Of land thieves, be they
| foreign syndicate or a rubbcr corporation,
need judicial uttcrancC to place them in
possession Ol a million or more acres OF
lands belonging OF right 10 the poor child.
rem In our common schools, at the insig.
| nilicnnt price Of q cents per acre, they do
not usually fail 10 accomplish their object.
Thirteen hundred thousand acres OF the
finest land in the Delta slipped from tho
grasp OF the State through the instru.
mentality Of a liqudating Lcyec Board
and decree Of a Chancellor. thereby
cnriching q syndicate Of sharpcrs several
million Of dollars and impoyorishing tho
school fund IN the same proportion.
And the enforcement OF our criminal
statutes are equally lax and uncertain.
No man Of means and influence need fear
the penalty Of any violated law will be
visited upon him, no matter whether his
oilcnse be assassination or selling Hos.
letters bitlcrs. II Grand Jury should
indict, petit jury convict aud the court
pass sentence ON the prisoner, an over
sympathetic Governor haslons to the res.
cue OF the criminal with q fall and unc0n.
diuonal pardon. Onl! the poor and
iucndlcss need have any apprchcusious
OF punishment Tor violating law IN this
country.
Cases Illustrating lhcsc facts are 40 mn.
mcrous all over the State that the court,
are becoming 10 be regarded more as en-.
glncs Of iayuriiism aud oppression than OF
justice. aud u hy accident man Of means
aud influence should BE- caught In the tolls
Of the law, the pardon shop at jackson
opens door and begins operations with A
great deal morc haste than IT, proprietor
ever manifested in supprcasing mob VIC.
lcncc.
And thus Il Is, the machinery Of so.
called Justice IN this State * made 10
enlarge or contract the mcshcs oi the law.
NJ the viii aud pleasure OF the operatives.
that the big fish, may escape aud tho
"minnow" be- caught
River Icirgrnms.