The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1897-06-02
A.. ~, os,csy, and their po,,,Iou win not be an

are not officers and their position viii not be an
oflice within the contemplation OF the eonStitu-
ton, although u seems quite clear that the
spirit OF the constitutional Inhibition mentioned
Is ganst the selection Of legislators under such
circumstances. The services 10 be rendered by
the commissioners partake more o. the nature
OF an employment for the accomplishment OF
particular object than OF an Office; u lacks the
CHARACTERISTICS of an o1lee, and is OF very
trtnSent nature and viii terminate Win , Ine
performances OF the duty assigned. wherefore
We conclude that the commissioners VIII De ein-
ployes merely aud not officers The decisions in
our own state and elsewhere arc numerous IN
subscribe ourselves j. a. Il. Campbell, lin r.
Cooper. Thomas IL. Woods See Senate Jour-
nal OF 1894, pages 1855.
BY reference to section OF the enforcing act
of the code, page llS, 1t will be seen that the
legislature ot Isg2 did just exactly what We
haze done In this instance by selecting H. II.
Thompson 10 arrange aud number the chapters
and sections, etc, Of that code.
The message of the governor in commenting
upon this opinion states that lin that opinion IL
was inilmaied that the spirit Of the constitution
was arainst such election" II will be observed
that the court intimated that the spirit OF the
constitution was simply against the election OF
Iey, SlatOrs to that position under such clrcum.
stances under section - of the constitution and
not section %.
We think the next constitutional objection
mentioned in the message Is equally untenaole.
In the first place the Journals show that section
~ of the constitution was strictly complied Win
In every particular. and not only that, but we
literally ana strictly computed Win dnOtncE Sec
tiOn, G., of the constitution to which the gov
ernOr fails to refer, as verified by the journals
OF tile house, which Is also true as matter OF
fact. All reference by the governors message
10 constitutions prior 10 the constitution OF
1870 has no reference and cannot be considered
as authority in this case, when the two sections
agOye quoted were strictly and literally com
Piled with in every particular, and his declara-
lions to the contrary are wholly unauthorized.
His constitutional objection as to adopting
pans and specifications in the bill Is entirely
without merit. BY reading OF the bill II VIII De
seen that the plans and specifications referred
10 are no part of the bill itself, but the com
miSsionerS are simply directed and instructed to
take charge Oi the Gordon plans. drawings ana
specifications and to build StaiehOuse SUD
siantially as near as practicable herewith.
On examination we ind that the specifications
presented by Mr.. Gordon are as fun as the
Specifications presented by any architect on
preliminary study, and that when the commits
sion il 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 legisia-
ture
We desire to say that IL Mississippi can be
subseryed and adVantaged by any sacrifice OF
ours we are ready fOr that sacrifice whether it
be political or whether it be of our lives.
"Thr question Is, gentlemen, whether the Dill
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 vote OF
So to 50.
ON motion of Mr.. Underwood, the house ad-
iourned Till II 80 am. tomorrow.