Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1896-05-09
MISSISSIPPI MATTERS.
supreme Court DsoIsions.

supreme Court Decisions.
jackson, May 4.-The Supreme Courl
this morning, in affirming the death
sentence OF Shep Palmer and fixing
June 13th next as the day OF execution,
decided point on which able lawyers
have differed. Palmer, it will be re.
membered, few months since murdered
negro and his wife out in the country,
within few miles Of the city. The
case presented the question as to the
legality Of tho proceedings of the Cir.
cult Court at its last January term,
which tried Palmer. Judge J. b. Chris
mans term expired during the court.
Judge Robert Powell was appointed as
his successor. There was an interim OF
one or two days from the expiration OF
Chrisman's term until Judge Powell
wae appointed ana qualified, ~ Ayaa
clAihed BY many and was the basis for
theemotion for arrest of Judgment in
this case--that the interregnum occur
ring during the term Of the court, ended
said term, and that all subsequent pro
ceedings at that tegm. including this
conviction, we're illegal and void. The
question was one of great interest, and
on which the bar, as stated, were di.
vided. In part the court says: "Under
one system of laws there is court pro-
vided for, a tribunal in which law is
judicially administered; there is created
an official called Judge, who prosides
in such court, and there Is a term, OF
fixed period of time, in which the court
shall be held. The court is one thing,
the judge another thing, and the term
third thing. The court may convene
and adjourn from day to day in the abb
sence of Judge, though no judicial
proceedings may be had without pre-
siding oficer-a Judge. The court does
not perish because the judge may not
be present each and every day. Our
statutes abound in provisions intended
to provide against such discontinuance
of the court. So also one statute pro-
vided against any discontinuance Of a
term-the fixed time in which court
must be held-because of the temporary
absence of the presiding officer of the
court. Plainly, this statute prevents a
discontinuance of term OF court after
the term has been commenced because
of failure to sit of the court from any
cause for any day of the term thus be-
gun. The illness of the Judge for day;
the death or the resignation of the
judge and vacancy In the Office for a
day, or the expiration of the term of
Office Of the Judge who began to preside
over the court and the intervention OF
day before his successor qualities and
appears in court shall not work dis
Of the term.-T. NJ. Henry
In Commercial Appeal.
An Extra Session OF tho Legislature.
In discussing the question of an extra
session OF the State legislature the
Greenville Democrat says:
THAT the old State capitol in jack
son Is a disgrace to the State, and liable
70 fail AZ any tfh1e-uud -tivesrvy -siso-Ifvus'
of many good people, is no longer a
mooted question. That o new capitol,
one commensurate with the wealth, in
telligence and progress of Mississippi,
should be erected is also conceded
fact. That the building should be pro-
vided without unnecessary delay all
agree.
That an extraordinary session Of the
legislature called in August for the pur-
pose OF considering the erection Of the
capitol is the proper action for Gov. A.
j. McLaur;n to take is clear to our mind.
'If an extra session is not called for
the special purpose of providing for the
erection Of new capitol, then the ses-
sion Of 1898 must, porforce, be extended
by the governor for that purpose, and
the cost will be practically tho same to
the taxpayers. BESIDES, II the members
OF the two branches OF the Legislature
are called together for specific pur-
pose they will be free from any compli-
cations and will be enabled to concen-
trate their wisdom and energies upon
this one act OF legislation, with results
that will prove beneficial to the State.
1--WE believe Gov. McLaurin should
call the legislature together after the
commission appointed at the late sos-
sion has received plans, specifications
and information for the benefit Of tho
members, and the people will sustain
him in the call"