Copiah signal. (Hazlehurst, Miss.) 1888-1899, 1891-02-05

History ~ the saprsme Csart undrr
the tppalRtiVe ~ .tem.

Memphis Appeal Avalanche, has
prepared the following interesting
paper for that journal
IL view,of the approaching vacan-
I ~ on the supreme bench, the fol-
lowing reflections ari>cG
| Under tbc constitution II 1859. +.
the state WI, divided intn three
di>trirts wi,h the lines tunning
east aud west. The central district
j. the first, the southern district
j. the second, aud the third dis
trict j. the northern. That cnnsti-
tuition provided that there should
ho appointed lay the governor, hy
aud with the advice and consent
of the senate, one julsc for cteh
district whose term IL oiiice should
hr nine year. When tirs; app, Inte,I
however, the judges drew FOR term
"f three -iN aud ninc Year,. The
first appointments were made by
Governor Alcorn ia 1870, and
we're Judge Simnll, Pcytop and
/ Tarhcll pcytou drew the short
term, Turbell the siN-ycar term.
aud ~imrtll the uito wear term
Pcyton was rcnppnluted. lie lived
iu the second district larhcll
/ li,cd la Scott county. In con.cVu-
cnce of falling health. pcytuu re-
signed IN the ,prlus of lHs". and
Iurbcll's term cNpiring ~ the
same time. there were two pros
pcrtiyc vacancies Colonel T. "
/ Harris, ~ Holly Spring, now dead
and Hon. II. III Chalmers, ~
/ lleruandn Were both earnestly
pressed by their friend, for ap0int-
meut, Governor stone solved the
1 prohlcm by appointing Hon J
/ \ l. Campbell, then ~ Madison
couuty, for the third district, and
every opinion be- has rendered has
confirmed the Wisdom of the Sc
lection. Judge Campbell j. still on
the bench. hIs term expiring IA
NV. lN51.
Hon. II. II. Chalmers was
appointed fur the uu,Npircd term
|of Chief Justice Pcyton, Of the
second district.
IN 1879. General james 4
Georgc, of Carroll, was appointed
to succeed Judge Slmrall, who
bad been chosen chief justice by
hl- a,.ociates. Judge George was
"a like nanucr made chiet justice,
aud served until hc entered the
United States ~vunte.
senator Gvor.r wis succeeded
by hon. I r. Cuoper, of C"plah,
whu j. -lIll ou the bench, having
bcrn rrippnln,cd hy Governor
Lowry. III, term will expire Ia
Nav, lSa1.
/ Judge thllmcr, wt~ rclppnmled
hv Governor Lowry Va the i ring
uf lSN2. lie died Ia the sptlng II
/ lSsj. aHd was succeeded lmmc-
/ dulcly by Judge j VI. Arnold,
circuit Judge Of the third district,
who resigned in O,tuhcr, 1859,
ani removed to Birmingham To
pracucr law.
Judge Arnold WIS succeeded hy
Hon Thoma, n Woud., of
l.audcrIslc county. whose term
will expire in MAY. 1891
SECTION lIl3, revised cudc of
lSSn. provides that the judge "f
the supreme court whose office
will Gr,t expire, shall bc chief
Justice. Aud hereby hangs tale.
/ Under this provision IT law, each
incumbent has hllrd the Office ~
chief Justice. Judge Aruold being
chlcf Justice 10 time of hi. resign
atlpu. judge Woods stepped into
hi. shoes. Judge Woods j. nov
T. the presiding officer of the court.
+ Sc-tinu lSJ ~ the new cunsti-
tuition, reads q. follows "fhc su-
preme conrt shalt consist of three
Judges, any tNbof whom, when
convened. shall from quorum
/ The legislature shall divide The
state into three ,uprrnl" court dis
trici. anl the governor, and with
the advise aud consent ~ the sen
ate. shall appoint one judge for
aud from each district bat the
removal Of Judge Ia the capital
during his term of office, shall not
render him meli liblc a. his own
successor for the district from
which he has removed. The pre-
sent iucumhonts shall be cou,id-
cred as holding their term IT Of
lice ftom the state ~ largr." "
A vacancy occurs, ia the ease
~ chict justice Wonds, before the
legislature conycnes. lie j. a re.
sident II the first district, ~ pre-
.eut constitution, but appointed
for the second The governor, un-
der the new constituted. cannot.
Of course. anticipate the action ~
a legislature, not yet chosen, aud
which Is to convene rext January.
The action of the governor cannot
bee restricted In iilllng this vacancy
by the section of the new consii-
tutlon ahove quoted Following
precedent, the governor can with
propriety appoint judge from
any county 10 the state.
The supreme bench II the state
u one OF marked ability. and the
opinion of it, members will not
"a ffer by comparison with those
Of any either court In the United
I States.