The commonwealth. (Greenwood, Miss.) 1896-1923, 1897-06-10

slppi Is a civil Office. This once 10 4 coutinutue
one. Its term 10 liked. II has dur alton and ths
ONCE continues after the e. pssatiou Of the term
of any Individual who n elected to the Ofiee.
The case. In our opinion. IL no, At all analogous.
The same ~ true Of the case Of Hill W. B0ylznd,
~ Miss, page SIS This precise constitutional
question has been passed upon BY the members
Of our own supreme court by request OF the leg
~islaIt,re In 1884 regarding the power Of the legis-
li,ure to appoint commissioners 10 locate and
establish convict farms In the state. and also
whether or nos tile position could be filled by
members OK that legislature. 1t 10 a. follows:
To Hon. j. II. StOne-Sir: Responding to
your Communication Of this date requesting our
opinion whether Il IS competent for the l-slsla-
lure to ecct tile commissioners charged with
tie duties VI selecting tie farm {penltentiaryj,
an II 50 whether it is prohibited from selecting
lis own members, We say: We have considered
the matter and are of the opinion that neither
SECTION 81 nor sectiun 81, Of the constitution ap-
plies. because the commissioner provided for
are not officers and their position will not be an
Office within the contemplation OF the conStitu-
ton, although X seems quite clear thar the
spirit II the constitutions Inhibition mentioned
Is against the selection Of legislators under such
circumstances The services to be rendered BY
the commissioners partake more OF the nature
OF an employment FOR the accomplishment Of Z
particular object than Of an Office. Ii lacks the
characteristics OF All Office. and Is OF a very
transient nature, and Will terminate with the
performance OF the duty assigned. Wherefore
We conclude that the commissioners will I've en-
pioyes merely and not officers. The decisions in
our own State and ~isewhere are numerous In
support Of our view. We have the honor to
subscribe ourselves j. A. r.. Campbell. Tim Il.
Cooper, Thomas II, Woods" See Senate Jour.
nal Of 1894, pages 213-6.
BY reference to section 3 OF the enforcing act
OF the code, page ll3, IL will be seen that the
legislature OF 1s32 did just exactly what We
Rave d0he in this instance by selecting h. II.
Thompson to arrange and number tile chapters
and sections, exc, OF that code.
The message OF the governor In commenting
upon This opInion states that "ln that opinion IL
Was intImated that the spirit OF the constitution
that the court intimated that the spirit OF the
Was simply against The election Of
legislatots TO that position under such circum- |
stances under section As OF the constitution and
not section 30.
We think the next constitutional objection |
mentioned In The message IS equally untcnable. |
In The first place The Journals show that section |
o. OF the constitution was strictly complied with
IA every particular, and not only that, but we |
and strictly complied with another sec |
ton, g., Of the constitution to which the gov. |
ernor fails TO refer. as verified by the Journals |
OF inc house, which is also true as a matter Of
TACT. All reference by tho governors message |
10 constitutions prior TO the constitution of |
1880 has no reference and cannot he considered
As authority ia This case. when the two sections
ABOVE quoted were strictly and literally com
piled with in every particular. and his deciara-
lions to The contrary are wholly unauthorized.
His constitutional objection as to adopting
plans and specifications In the bill Is entirely
witllou. merit. BY reading OF the bill 1t will be
seen that the plans and specifications referred
to- are no part OF the bill itself. but the com.
hissloners are simply directed and instructed to
lake charge OF The Gordon plans, drawings and
specifications ind to build 4 Sta,ehouse sub
IS near As practicable herewith.
On examination VI nnd that the specifications
by MIR. Gordon are as full as the
'pecihcations presented by any architect on a
preliminary study, AMI that when the commits
son is appointed detailed specifications will be
furnished with the assistance OF the supervising
and that he will do everything such as
$ usually done In all buildings and 10 accord
'nce with the plans submitted to this legisla-
ure.
We desire to say that II Mississippi can be
and adyantaged by any sacrifice of
'urs we are ready for that sacrifice whether 1t
je political or whether it he OF our lives.
The question is, gentlemen. whether the bill
man or shall, not pass, Notwithstanding the
icCool. ~
Alter several very warm speeches Mr.. Touch
tone OF simpson called the previous question.
ne mouse refused to pass the bill by a vote of
to %.
On motion OF Mr.. Underwood, the house 2d-
burned TIL ll:5 Am. tomorrow.