Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1897-06-05

slppI Is civil Office This ONCE is a continuing
one. Its term is fixed. Ii has duration and the
otfice continues after the expiration OF the term
OF any individual who Is elected to the Office.
The case, in our opinion. is not at all analogous.
The same is true Of the ease Of Hill vs. Boyland,
40 Miss, page 6l8. This precise constitutional
question has been passed upon by the members
0f our own supreme court by request OF the leg
islature In 1894 regarding the power OF the legis-
lature to appoint commissioners to locate and
establish convict farms in the State. and also
whether or not the position could be filled by
members OF that legislature. 1t is as follows:
"To Hon. j. NJ. Stone-Sir: Responding to
your communication Of this date requesting our
opinion whether II Is competent for the legisla-
ture to EJECT the commissioners charged with
the duties OF selecting the farm (penitentiary),
an II so whether 1t is prohibited from selecting
It's own members, we say: We have considered
the matter and are of the opinion that neither
section 45 nor section % OF the constitution ap-
plles because the commissioners provided for
are not officers and their position will not be an
once within the contemplation OF the c0nstitu-
ton, although 1t seems quite clear that the
spirit OF the constitutional inhibition mentioned
Is against the selection OF legislators under such
circumstances The services TO be rendered by
the commissioners partake more of the nature
OF an employment for the accomplishment OF a
particular object than Of an Office; 1t lacks the
characteristics OF All office, and Is OF n very
transient nature, and will terminate with the
performance OF the duty assigned. Wherefore
VIC conclude that the commissioners Will be en-
our own State and elsewhere are numerous in
support OF our view. We have the honor to
subscribe ourselves j. A. T. Campbell Tim L.
Cooper, Thomas ii. Woods" See Senate Jour
nal OF 1884, pages 275-6.
BY reference to section 3 Of the enforcing act
OF the code, page 49, it will be seen that the
legislature OF 1892 did just exactly what we
nave done in this instance By selecting X. ii.
thompson to arrange and number the chapters
and sections etc, of that code.
Tl,n 81.
upon this opinion states that "in that opinion ii
WAS intimated that the spirit of the constitution
was against such election" 1t will be observed
that the court intlmated that the spirit Of the
constitution was simply against the election Of
legislators to that position under such circum
stances under section Is OF the constitution and
not section 30.
We think the next constitutional objection
mentioned in the message Is equally untenable.
In the first place the journals show that section
50 OF the constitution was strictly complied with
In every particular and not only that, but we
literally and strictly complied with another Sec
ton, ", OF the constitution to which the gov.
ernor falls to refer, as verified by the journals
OF the house, which Is also true as matter Of
fact All reference by the governors message
TO constitutions prior to the constitution of
1890 has no reference and cannot be considered
as authority IN this case, when the two sections
aDove quoted were strictly and literally com
piled with in every particular, and his declara-
tions to the contrary are wholly unauthorized.
His constitutional objection as to adopting
plans and specifications in the bill Is entirely
without merit. BY reading OF the bill it will be
seen that the plans and specifications referred
to are no part OF The bill itself, but the COM
missioners are simply directed and instructed to
take charge OF the Gordon plans, drawings and
specifications and to build a Statehouse sub
stantially as near as practicable herewith.
On examination we fnd that the specifications
presented by Mr. Gordon are as full as the
specifications presented by any architect on
preliminary study, and that when the commits
sion is appointed detailed specifications will be
furnished with the assistance OF the supervising
architect and that he will do everything such as
Is usually done in all buildings and In accord
ance with the plans submitted to this legisla-
ture.
We desire to say that II Mississippi can be
subserved and adyantagcd by any sacrifice OF
ours we are ready for that sacrifice whether it
be political or whether it be of our lives
"The question is gentlemen, whether the bill
shall or shall not pass, Notwithstanding the
veto OF the governor" announced Speaker
McCoOl.
After several very warm speeches Mr. Touch
stone OF Simpson called the previous question.
The house refused TO pass the bill by a vote OF
So to 80.
On motion OF Mr.. Underwood, the house ad-
1ourned till IL :55 a. IN. tomorrow.