The commonwealth. (Greenwood, Miss.) 1896-1923, 1897-06-03

tutiaal provision which the court va CONSUMING is rs follows: Election of all
officers and the filing Of all vacancies which may happen by death, resignation or
removal not otherwise directed or provided for by this constitution shall be made
in such manner as the general assembly shall direct provided that no uch officer
shall be elected by the general assembly The court, in rendering this decision
passed upon most Of the cases cited by the governor in his message including the
United States vi Morris reported in 2 Brock. 1G3 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
office in question was a continuing one In Shelby vs. Aicorn, 80 Miss p 2S'
our supreme court held that a levee commissioner in Mississippi isl civil officer
This Office is continuing n Its term is Fixed. 1t has duration and the Office
continues ate he expiration OF thu term o. any individual WHO'S elected to the
Office The case, in u opinion is not at all analogous The same is true of the
case of Hill vs. Boyand, 40 Miss, page SIS. This precise constitutional question
has been passed upon by the members Of n own supreme court by request of
the legislature in 1894 regarding the power of the legislature to appoint commits
doners to locate and establish convict farms sin the state and also whether or not
tn: position could }" hhed by members Of that legislature TITS a follows;
h To Hon, J NJ Stone: Sir Responding to your communication of this date,
requesting on opinion whether it is competent for the legislature to elect the
commissioners charged with the duties OF selecting tn farm tpentenlaryh and
If so whether 1t is prohibited from selecting its own members, we say: We have
considered the matter and are of the opinion that neither section As nor section
3" Of the constitution applies because the commissioners provided for ire not Of
fcers, and their position will not be an office within the contemplation of the
constitution although 1T eens quite clear that the spirit of the constitutional
inhibition mentioned is against the selection Of legislators under such cireum
stances 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 it lacks the characteristics Of an office and isof very transient ma
ture, and will terminate with the performance of the duty assigned wherefore
we conclude that the commissioners will be employesmerely and not oAicers.
The decisions in our own state and Elsewhere are numeronsin supportof ourview.
We have the honor to subscribe ourselves A p Campbell, Tim T. Cooper and
Thomas II. Woods
See senate journal pages s15e
BY reference to sec 3of the enforcing act of the code page l3, it will be
seen that the legislature of 1892 did just exactly what we have done ml this in
stance by selecting X H. Thompson to arrange and number the chapters and
sections etc Of that code.
The message of the governor, in commenting upon this opinion states that
'in that opinion it was intmated that the spirit of the constitution was against
such election" 1t will be observed that the court intimahd that the spirit of
the constitution wal simply against the election of legislators TO that position
under such circumstances under section As of the constitution, and not section 90
We the think the new constitutional objection mentioned in the messagejs
equally nntenable In the first place. aurnah show that section 80 of .he
constitution va strictly compEeX %. every particular and not only that.
but W 70 literally and strictly complied with another section g., of the constitu-
,henJ to which the governor fails to rara verified by the journals If the house,
which is also true, as matter of fact All reference of the governors message to
the constitution prior to The constitution of 1890 has no reference, and cannot be
considered as authority in this case when the two sections above quoted were
strictly and literally complied with in every particular wholly unauthorized.
His constitutional objections 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 ire NJ part of the bill itelf, but the commits
soncrs aed directed and instructed to take charge of the Gordon plans drawings
and specifications, and to build a statehoue substantially and as nea as practi
cable Herewith.
We find on file with Mr. Gordons plans. the general specifications which say
that tho basement Of the building he proposes to buHd, shall be of granite, col
nmns of polished marble, capitals and bases of marble. the entire supertructure
OF marble that the length of the building shall be 81 feet width 10 feet, across
the first story Of the rotunda wainscoted its full hight with polished marble;
wanso OF the house Off representatives senate, supreme courtroom and governors
reception looms and halls on first, second and third floor to be wainscoted with
polished marble; the floor Of the rotunda to be of marble mosacs in very small
pieces, viii the coat O farms of the state of Mississippi inlad in different colred
marbles The floors to be of marble in all halls and corridors all inside steps to
be of marble; outside shpsof granite; the building to be piped and wired for
electricity and gas heated throughout with steam; concrete foundation of the
best quality known to engineering, and with Ransom patent twisted iron con-
struction throughout; stationary chemical fire engine in basement; the dome of
thu building to he bnilt of masonry or steel skeleton construction upon the same
principle as the tall buildings in large cities; thoroughly fire proof to preyent
any contact with heat The wings of this capitol are modelled somewhat after
the plans Of eleven courthouses which MI, Gordon has designed and had erected
in Texas during the past few years. MI. Gorlons specifications state that all the
contour of the house senate and supreme court and governors reception room
will be shaped to possess perfect acoustic property. all being outside rooms
On examination we find that the specifications presented by Mr. Gordon are
as full as the specifications presented by any architect IN Il preliminary study,
and that when the commission is appointed detailed specification will be furnish.
cd, with the assistance of the supervising architect, and that he will do every
thing u is usually done in all buildings and in accordance with the plans sub
mitted to this Legislature.
We desire to say that il Mississippi can m aulserved and advantaged by any
sacrifice of ours we ire ready for that sacrifice, whether it be political OF wheth.
err it be of our lives.