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

ment with reference to all questions connected with the building Of a new CAPT
toll, and moved its adoption
Upon being catechicd as to the object Of tho resolution, Senator Bowers
stated that it was intended to provoke from the committee a full report not only
upon all bills before them. but non the capitol question itself
The pont IA made that as the capitol bill was in possession of the house,
the resolution was ont of order This point was oycrulci upon a showing that
there we're four bills providing for the building of a stat" house now before the
committee.
Senator's Iarris and Boyd opposed the resolution Oh the ground that it was
an extraordinary proceeding without parliamentary precedent
Senator Smith. chairman Of the committee comended that the resolution
should pass that there might be made son memorial OF the reasons moving the
senate in its action on the capitol question and Is to its position thereon,
Replying to Me$rs Boyd and Harrison Senator Bowers sid that 1t was in
power Of he senate to require u report Of my committee and even to dictate the
terms Of The report that resputioso of that character had been entertained with,
ont objection, both at the present session and the last, that De AS advised that
tho committee would, without objection report and that the senate had no right
TO SUI that they would tnnprcs any propriety or deal in u manur not
lcgitimntcly before them Upon being questioned by Senator McIaurin, Mr.
Bowers stated that he had submitted the resolution to the chairman of the com
mittee N public works Nr Smith who had approved same that he knew the
committee had held n meeting this morning from having heard the chairman
publicly announce that such a meeting would b" held 1e vas not advised ms to
the result Of md meeting except by what hd been stated on the floor during the
discussion of the resolution.
In response to an inquiry rs to what Senator Smith meant by stating that n
memorial of tn" S'nateS reasons and position on tn" capitol bill should be put on
record, Mr. Bowers referred Mr. McIaurin to Senator Smith, who w as then try
ing to catch the presidents eye.
Senator Smith wa. recognized and spoke rs follows
In answer to the questions rropHndcd by the senator from the twenty ninth
distrhttM MclanIml +" The senator of the first district Nr Bowers about my
position can say th%' do not think that the senate has evrh been in doubt Is
to where stood upon my proposition or question before this body lam in ia
vr Of using ven what has been called by the senator from the thirty sixth dis
trct tMr Boyd extraordinary measures to unmask this extraordinary veto
There are many extraordinary things connected with this veto hold now.
in my hand n letter that received from friends in Memphis dated yesterday,
and evidently written before the message of the governor vetoing the capitol
bill had been communicated to the Legislature, asking that would favorably
sum.s "a known in Memphis what WI not known here that the Gordon plans
adopted by the legislature had been vetoed and knocked out by the governor. At
tW t' th h'"i wa" N'H''" wv 'N'NHl pWbNH Nus btn HuDIItu by Ie NHlS-
laturc and the governors message Ind not been promulgated vetoing this bill
How was it that this information should be known at Mr. Weathcrs home before
1t was known to the lcgisotnrcf
Another extraordinary thing is that TIL has been n matter of currentta talk and
rumor for the last three or four days that both the senate aud the house were be.
ing carefully poned by the friends of the administration to see whether the vari
GUS opposing elements Oft the capitol bill could be combined in sufficient numbers
to sustain n veto On last Monday evening when returned from home was in
formed almost as 100 ms got off of the train that the governors friends had
poed the house to find how it would stand on a veto, and that the vote stood SO
to 81, thereby sustaining the veto.
The senator from the thirty sixth, Mr. BOYD. and the senator from t, sever,
teenth, Mr. Miller, who we're with me in tho constitutional convention in 1900
will rccnll that it was matter of much discussion in TINT TRENT hoav mn Of
grave elaboration as to whether OF mott c ETeat w of veto shoul1 Ia uiau
toa governor at all submit that the result of the deliberations of that conwn.
ton vas to grant the power to the governor solely ~ te idea thot hs would
veto measures on constitutional grounds or because a measure, in his opinion was
not in harmony with the public policy of this state but was not given for him to
wait until n poll of the legislature can be taken to see whether his veto would he
sustained by various opposing clements being combined, and to enable him to
carry out his merrp personal views,
lido not hesitate tt say am in favoro of using extraordinary measure If noe
es~ry, to put upon the record of this senate some vindication of this body from
the unjust attacks of the executive and to relieve them from being lccturel as
mere schoolboys because they do not see fit to cary ont the mere personal whims
Of an executive,
For this reason support this resolution that we may have a report in full
answering this extraordinary veto message, for fear that the house may not PASS
the veto over the governor, as this poll has shown, and we will then be able to
vindicn,e the senate and put upon its records this vndmation,
Senator Harrison replied to Senator Smith, insisting that the rcuor should he
confined to bills now in the hands of the committee and asked Senator Bowers If
he would amend his resolution and so restrict the report Senator Bowers de-
clned to amend.
Senator Hardy spoke in favor of the resolution, contenng that it was reason.
able and proper and that the report should he discussed only after it came in,
Mr.. Harrison moved to amend the resolution by restricting the report to tho
Bowers was tabled by a vote of about two to N aud the resolution vas then
adopted by about the same vote.
The house capitol committee after sleeping N tho governors yeti, msuu,,.
concluded this morning to make n report and lot the house nc to record on tho
matter, and say whether it would override or sustain the veto A rccossw ms tn
ken after the house met in order that the capitol committee might consider the
matter and report The committee had its stenographer in the committee room
and after debating its report the committee had the stenographer to saw tme
its report TO the house. This report follows:
The first constitutional objection made by the governor tot the effect That nc
commissioners under section % Of the constitution, cannot be elected by tho Loo.
ilnture, we think kuntcnahe That section of the constitution ia ns forous
The legislature shall not elect other than its own officers. state librarian and rui
ted States senators; hut this section shall not prohibit the legislature fnm an
pointing presidential electors The position OF the state house commissioner can
not in any view be a public office 'The term office embraces the idea Of tenure
and duration and certainly position which is merely temporary and loc,, cr
not ordinarily heeonsdcred an office" Mechem on public officers section =
pageG
Nwilbe observed that there is neither tenure To- duration in the Office to
which these commissioners are elected They re appointed to do a specific act
within a period OF time not to extend beyond three years. There Is no prvkicr
for succession or duration and the term is to expire AT no specified time On com
reton Of thu specified work oyer which they have charge their duties end II
whether that work shall have been completed within three years or rot Willis
the taking OF an oath and the giving of a bond is usually an incident 10 an oM.
yet II is not essential to and does not constitute any part of an omc M.chou
ON public Offices section O. pages
Section % Of the constitution reads as follows: mo person shall be ,,cc..a
or appointed to Office in this state for life or during good behavior but tho term
Of all Offices shall he for som specified period - .., Ia
II vii. thus he seen that independent Of The general law upnt the su1ect our
has clearly defined one of the es initial elements Of n Office which
tht IL shall be for some specified period.
A commissioner appointed to supcrntead the r,ction of n state bou. :. M.
public oAhcsr Mechem on public officers page 49, section b.
The supp tue court of the state of Illinois in n very clatorat. or;r;,r 80,
arras . EsctiHrtheir state constitution almost identical with oun held that U
he seateF hcuse rmnM ioncrs were not public officers Bum vs. pecpe, 4, IN |g
THE legislature ineat state had passed " bill BNeySHns ~ ~ N $3.50 of 9
new capitol and had sc&I thSir capitol sSSNk issioncrsb ~ n MI s ~ Da, ~
hvc done The question was taken to the courts and ~. ra.~.. ~ .s"c" =
MnyAInn AA.zlAA 49, >N"S uGW WL Lh0MI