The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1897-06-02
TWENTY-SIXTu DAY.

Jackson. May 26.-It is now generally con-
coded that the capitol bill is dead for this SEES
sion. After warm debate in the house, in
in which strong effort was made to
pass the. original bill over the veto of the gov
ernnr, the vote stood 80 against such action to
SO for it. Later Mr.. Underwood made a motion
that the house adjourn till tomorrow at IL 30
IN. This motion was carried Overwhelmingly.
Under resolution adopted by both houses, to-
morrow at l. O'Clock was agreed on as the hour
resci fos ds s nfss P9 NH %
to adjourn at that time. The vote OF the house
this afternoon clearly indicates that it Will
abide by the original resolution and adjourn at
that hour. The resolution adopted would only
give five minutes III which to consider any legiS-
lation.
Many contend that had the capitol committee
maintained the position of yesterday, to report
a bill eliminating the objections urged by the
governor to the bill, that the same could have
Been adopted. 1t changed its opinion during
that character decided to make an effort to pass
the measure over the veto. The results are
stated above.
The strongest adherents of the capitol bill
contend that the governor is responsible for the
failure TO build capitol, and that no further
legislation of that character will be considered
TIL a new legislature is elected.
The governors friends say that, owing to the
constitutional objections he submitted and the
d2fectiyeness ot niarS #uI specifications, he
could not HAYS ,-...o,,ntIJ done otherwise than
veto the bill.
Yesterday evening the capitol committee
agreed to report bill in conformity with the
governors suggestions Today, however, the
committee rec0nsidercd its action and reported
to the house that in its opinion the original bill
should be passed over the governors veto. The
day in the house was consumed i'll discussing
the report OF the committee.
House.
Speaker McCOOls gaval fell at TO- 40 o'clock.
The capitol committee, through its chairman,
| j. Alcorn Glover, made the following report:
House bill No. II, an act for the building OF
State house, etc. Committee recommends that
| the bill do pass, Notwithstanding the veto of the
governor. for the follow
| The first constitutional objection made by the
| governor to the effect that the commissioners
under section 80 OF The constitution can not be
elected by the legislature we think is untenable.
| That section OF the constitution is as follows:
| The legislature shall not elect other than its
| own Officers, State librarian and United states
senator's but this section shall not prohibit the
Legislature from appointing presidential cleo
| tors"
The position of Statehouse commissioner can
| not In any view be public officer.
The term Office embraces the idea of tenure
| and duration, and certainly position which is
| merely temporary and local can not ordinarily
| be considered an ce."-Mechem on public
| officers, Sec. s. page &.
| 1t will be observed that there is neither tenure
nor duration In the office to which these COM
| missiOners are elected. They are appointed to
| do SPECIFIC act within period of time not TO
| extend beyond three years. There Is no pro-
| vision for succession or duration, and the Term
is to expire at no specified time: On compile
| ton OF the specific work over which they nave
| charge their duties will end, whether that work
| shall have been completed within three years or
not. While the taking of an oath and the giving
of bond is usually an incident to an office, yet
it is not essential TO and does not constitute any
part of an ofice.-Mechem on public officers,
| Sec. 6. page 6.
| mo person shah be elected or appointed to
ONCE in This state for life or during good be
haYiOr, but the term of all Offices shall be for
some specified time period"
| 1t will thus be seen that, Independent OF the
| general law upon the subject, our constitution
has clearly defined one OF the essential elements
| of office which is that il shall be for
specified period" A commissioner appointed
| to Superintend the erection of Statehouse is
not public oh1ce.-Mechem on pubic oincers,
| page IS, See. IS.
The supreme court of the State of Illinois in a
| very elaborate opinion constituting section in
| their State constitution almost Identical with
ours, under a condition OF facts precisely ldentl-
| cal with ours held that the StatehOuse commits
sioners were not public ofiicers-Bunn vs.. Peo-
| pie 45 ILL.,, 397. The legislature in that State
| had passed bill providing for the building of
| new capitol and had selected their capitol com
| missioners by the legislature, as We have done.
| The question was taken to the courts, and the
| court held that these commissioners appointed
under this act are not oftfcers within the mean
| ing of the constitution, but mere agents or EN-
ployes for single and special purpose whose
| functions are at an end upon the completion
| of the work. The constitutional provision which
| the court was constituting is as follows: "Elec-
| tion of officers and the filling OF all vacancies
which may happen by death, resignation or re-
moyal not otherwise directed or PROVIDED ior Dy
this constitution, shall be made In such manner
| as the general assembly shall direct provided
that no such officer shall be elected by the gem
eral assembly," The court in rendering the de-
cision passed upon most of the eases cited by
the governor in his message, including the
| United States VS.. Morris, reported in Brock,
| l03 1t was shown by the court that the office
| in this latter case was continuing office. We
| have examined the different authorities cited by
| the governor in his message and we find that the
ONCE in question was continuing one. In
| Shelby VS.. Aleorn, 80 Miss, p. 273, our supreme
| court held that levee commissioner in MisSis-
sippi is civil Office This office is continuing
| one Its term is fixed. 1t has duration and the
ONCE continues after the expiration of the term
| of any individual who is elected to the ONCE.
| The case in our opinion Is not at all analogous.
| The same is true of the case of Hill vs. Boyland,
| 40 Miss, page 6ls. This precise constitutional
| question has been passed upon by the members
Of our own supreme court by request OF the leg
islature in 1884 regarding the power OF the legis-
| lature TO appoint commissioners TO locate ana
establish convict farms in the State, and also
whether or not the position could be filled by
| members of that legislature. IL is as follows:
'.To Hon. j. NJ. Stone-Sir: Responding to
| your communication of this date requesting our
opinion whether it is competent Tor the leglsla-
tllre TO eject the commissioners charged with
| the duties of selecting the farm tpententiaryl
and II so whether il is prohibited from seleeting
\ It's own members, We say; We have cens dered
tie matter and are OF the opinion thar Eeitlief
section = nor section ~ OF the constitution APP
4 plies, tecagse the commissioners provided tof