Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1894-01-13
accused, and trial had according to the consti-
tuition and laws,


highest grade is the persistent and successful
effort of large class Of persons who would be
good Jurors, to avoid jury service, especially in
capital eases. One great reason for this is the
fact that capital trial exhibits twelve prisoners
in the jury box trying one at the bar, who often
is less closely imprisoned that the jurors. Were
the law changed and the jurors trusted and al.
lowed the same liberty the judge has, to go to
meals and to rest at night, better results would
follow. A trial in capital case then would not,
asnow, be a terror to decent man. Men would
not then shrink with dread from being accepted
as jurors, and would not Intentionally disqualify
themselves to escape the 0dious service, made
0dious by the feature here mentioned. No fear
need be entertained that bad results will follow
such reforms. The charge Of the court to avoid
approach on the case would have the desired ef-
feet with all fit jurors. The virtue which re-
quires constant guard is OF little worth. A
jury represents the people Of the county, is taken
from the different v0catl0ns and from different
parts OF the county, and under any system will
reflect In the jury box prevailing public senti-
inent, and this cannot be avoided. The best
representatives Of the community should be
secured for jury service. Why should not the
popular branch Of the court be treated with de-
cent consideration?
Your honorable body a: your last session
changed the law regulating appeals in criminal
cases as to supersedeas Of the judgment, so as
to relieve the party convicted from securing the
cost Of maintenance in jail pending the appeal
The result is, every convict is invited and en-
couraged to appeal for delay and enjoy comfort
able support In Jail, at the expense of the public
he has outraged. Surely after conviction in a
circuit court the presumption should be in
dulged that the convict is guilty, and he should
commence to endure the sentence, notwithstand-
ing his appeal, unless he gives security for his
support in jail pending appeal Remaining In
jail is costly to the taxpayers. 1t increases
chance OF escape by the convicts. 1t maintains
| him In unprOductive deneSs, and 1t Is not fol
his good any more than for that of the public
The cost to the people Of the State of maintain
ing prisoners in Jail is a heavy item of expense
and this change OF the law, while it has greatl!
increased the burdens of the people, has beer
productive of no good. recommend the reStor'
alton of the latter clause of section 1885 of the
Code Of 1880, which requires the convict to give
the sheriff satisfactory security to pay the Jail
fees to accrue pending the appeal, If the judg-
ment appealed from shall be affirmed.
Section 92l is not in strict accord with section
165 OF the constitution, which seems to author
ize the trial Of any cause bya Judge with whom
the parties may be connected by affinity or con
sanquinity, or where he may be interested in III,
same, provided the judge and all the partie.
consent.
The requirement of section l347 to keep Sc
cret record of all indictments is useless, trouble
some and expensive. The State existed nearly
century and the necessity for such record wa
never discovered before The loss or destruc
tion OF an Indictment does not, in any way, ben
eft the accused. For a third OF a century it ha
been the law that the loss or destruction OF al
Indictment should add one year in which to fin
a new one, and nothing Is easier than to find al
Indictment when There is sufficient evidence Il
convict.
Chapter G5 of the Code, on the subject Of in
surance, needs some amendment In 1899 III,
deposit feature of the insurance law was re
pealed but provision was made that no com
pany against which a judgment was rendere,
should continue business unless the judgmen
be satisfied or appealed from within thirty days
This provision was, in some way, omitted fror
the Code of 1892, and as the law now stand
there is no means whatever for the enforcement
| VI luuBiHCnt. TCCOllfltuu tIllt lnc law U
1890 on this subject be re-enacted. Section 23,
Is, think, unjust and hur,ful to the insured il
case of partial loss in providing that the meas
'ire OF damages shall be an amount equal to tn
damage to the property, prorated as the amour
OF the whole Insurance Is to the value Of til
whole property.
Financial.
The able and comprehensive reports of tb
Auditor of Public Accounts and state Treasure
will aca,laint Won with the financial condition q
the State at this time and will serve as a guild
to your action in proyidng the necessary reye
nue. for the ensuing biennial term.
Tho renor,s show tnot for tho eso., ro,
1909 tho dishrrsomo,ts IRON, ,ho ,ra,snr, n,
ceedcd tbe racein,s hv s,-o az, IN and sor n
year ,so9 tho oyso.s nt disbursc,'on,s orar ,o
CENTS was S24s5i5.o2. making an excess of dis
bursements over receipts for the two wears c
s42s 5Ol .O2. The deficit. however. is not SO rrea
for 1893 as the figures indicate AS the appro
priations for the support of the various instit
: tions up 10 the slst of December were draw
from the treasury Of the State and charged t
the treasurer of the institutions, as explained b
the Auoitor IN MS report. oithe disbursement
ior the year 1873 sei4, 1899 were on account
lhe common schoois, whieh sum added TO IN
poil lax retained III the eounl,cs' amounting
s24o'sz9'os, makes toiai contribution ior III
support Oh common schoois Oh $500 HERE
toiore liquor licenses were prollhc source
revenue 10 the common school fund, but year b
year lhe amount from that source mas Dee
diminished, ana the continued tendency towar
p.on,n's'on m",isn's ano ooho."s'on una, NV
,;aonsos H., t,o ,.oas ,so, ,'a '. y, tu,
sold in thirty ono conn,ies If tho state. N, ,h
time there ara on,v ahont Tan counties IN wh;o r
,iouor is so,d under n license Tho nro,t ,.i,;r
o,f from this source ,ooetrer win ,hc disa,
nn,ntipo ros,,,,s ron, tno aror,s - ,,o go,
reven,,a oront m,res Tho esc,, ,,,,os,;on ,or =,
, noxt t,,o vsars a vor, sor;ons ora ana 70 i, !,
, yite your careful attention ~
r,. ,..., .saa..... =, -
nno o.". "sseSs,nens ,oa Vi - ieai anu pelson M
paurv,v aol .ao va. .o'' 10 "pou. s,o''voV,u
anu .no "ss'Ssuum' Ssn 0na VI ,aioau piopei sai'
q. apou' s2iVoo'oo, aoueu 10 'als makes an AZ
;n 10 ,,a,a '''p'''
commend "'c "iioie suoJec' ~ your 'hough
iui a''eh''on.
/ The state treasurer has been faithful and
tentive 10 all his duties He has strictly con
3 Piled with the laws and with the requirement
. the constitution to publish statements Of Il
condition OF the treasury, which statemen
we're verified by the Governor; and l have,
, often as required, at other times, gone to Il
treasury without notice to the Treasurer ar
Verined the casil balance, ana published the IA
as required py section lo1 OF The constitution.
Revenue Agent.
The office of state revenue agent wac Grant.