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

Jackson, May 26-It is now generally con-
Cedel that the capitol bill is dead for this ses-
sion, After a warm debate In the house in
IN which a strong elort was made to
pass the original bill over tile veto OF the gov
ernor, the vote stood 50 against such action to
90 for it. Later Mr.. Underwood made motion
that the house adjourn till tomorrow at II I'D
ain This motion was carried Overwhelmingly.
Under resolution adopted by both houses, to-
morrow at II o clock was agreed on as the hour
for adjournment sine die. Unless both houses
rvScind this resolution the legislature will have
10 adjourn at that time The vote OF the house
this afternoon clearly indicates that 1t Will
abide by the original resolution and adjourn at
that hour. The resolution adopted would only
give five minutes in which to consider any egls-
lail0n.
Many contend that had the capitol committee
maintained the position OF yesterday, TO report
bill eliminating the objections urged by the
governor to the bill. that the same could have
been adopted. 1t changed its opinion during
the night, and, instead of reporting bill OF
that character, decided to make an effort to pass
the measure over the veto. The results are
stated above.
The strongest aahcrcnts of the capitol bill
contend that the governor Is responsible for the
failure to build capitol, and that no further
legislation OF that character VIII be considered
TIL 4 new legislature is elected.
The governors friends say that, owing to the
constitutional objections he submitted and the
could not have consistently done otherwise than
veto the bill.
Yesterday evening the capitol committee
agreed to report bill In conformity with the
governors suggestions. To-Day, however, the
committee rcc0nsidered its action and reported
10 the house that in its opinion the original bill
should be passed over the governors veto. The
day In the house was consumed In discussing
the report of the committee.
House.
Speaker McCool's gavel fell at 1910 o'clock.
The capitol committee, through It's chairman,
J. Acorn Glover, made the following report:
House bill No. 12, an act for the building OF
a State house, etc. Committee recommends that
the bill do pass, notwithstanding the veto OF the
governor, Tor the following reasons:
The first constitutional objection made by the
governor to the eject 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 elec-
tors"
The position Of statehouse commissioner can
not in any view be public officer.
"The term Ofilce embraces the idea OF tenure
and duration, and certainly position which Is
merely temporary and local can not ordinarily
be considered m Office. '-Mechem on public
officers, Sec. s, page G..
II will be observed that there is neither tenure
nor duration In the Office TO which these COM
mlssoners are elected. They are appointed to
do specific act within a 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
t0n OF the specific work over which they have
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
nf n bnnl is ngualIN incident 10 an Office. vet
1t is not essential to and does not constitute any
part of an otlice.-Mechem on public officers.
Sec 6, page G.
Section 70 Of the constitution reads as follows:
rNo person shall be elected or appointed TO
Office 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
las clearly defined one of the essential elements
OF an Office. which is that IL shall be for some
specified period" A commissioner appointed
t0 snperintend the erection OF Statehonse Is
not public oflice.-Mechem on public officers,
page S. Sec. S5.
very elaborate opinion constituting section IN
their State constitution almost identical with
ours, under condition OF facts precisely identi-
cal with ours, held that the Statehouse commits
sioners were not public otfcers.-Bnnn VS.. Peo-
pie, Is ILL.,, S97 The legislature In that State
had passed a bill providing for the building Of a
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 officers within the mean
Ing Of the constitution, but mere agents or en-
pl0yes for a 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-
tlou OF officers and the filling OF all vacancies
which may happen by death, resignation or re-
moval, not otherwise directed or provided for BY
this constitution, shall be made IN such manner
as the general assembly shall direct, provided
that no such officer shall he elected BY the gen.
eral assembly," The court In rendering the de-
cision passed upon most OF the cases cited by
the governor, In his message. including tne
United States vs.. Morris, reported In Brock.
los. II was shown by the court that the ONCE
IN this latter case was q continuing Office. We
have examined the different authorities cited BY
thy governor in his message and wetind that tle
oillra In question was continuing one. In
ShNby va Alcorn, 80 Miss, y. 27J. our supreme
colQkheld thai q le,ee commissioner In Mtssip-