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

Jackson, May 26.-It Is now generally con.
ceued that the capitol bill ia dead Tor tina scs-
81 n After b warm debate IN the house, In
In &hich Il strong eitoTt was made IL
pass the original blil' over Tie veto OF the gov.
crnor, the vote stood 90 against such action Ia
% for II. Later Mr.. Underwood made a motion
that The house adjourn TIL tomorrow at II 30
am. 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
resclnd this resolution the legislature will have
10 adjourn Mt that time, The vote OF the house
this afternoon clearly indicates that IL wilt
abide by the original resolution and adjourn at
that hour. The resolution adopted would only
give hve minutes In which to consider any legis.
latlon.
Many contend that had the capitol COMMITTEES
maintained the position OF Yesterday, to report
a bill eliminating the objections urged by the
governor 10 the bill, that the same could have
been adopted. 1t changed its opinion during
the night. and, Instead OF reporting a bill Of
that character, decided to make an effort to pass
the measure over the veto. The results are
stated above.
The strongest adherents of the capitol bill,
contend that the governor Is responsible for the
failure to build a capitol, and that no further
legislation ol that character viii be considered
TIL a new Legislature is elected.
The governors friends say that. owing to the
constitutional objections he submitted aud the
effectiveness Of plans and specifications, he
could not have consistently done otherwise than
NCtt III bllls
Yesterday evening the capitol committee
agreed TO report \ bill in conformity with the
governors suggestions. Today, however, the
committee rcconsidered Its action and reported
to 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 McCooi's gavel fell at 10: 40 o'clock.
The capitol committee. through It's chairman,
j. Acorn Glover, made the following report:
House blll No. II. an act for the building Of
q state house, etc. Committee 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 effect that the commissioner
under section 70 OF the constitution can not be
elected BY the legislature we think Is untenabie.
That section ct 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 cleo
tors"
not ~ any view be a public oficer.
THE tern, Office embraces the idea OF tenure
and duration, and certainly a position which IL
merely temporary and local can not ordinarily
be considered an ONCE. "-Mechem on public
officers, Sec, \. page 4.
1t viii be observed that there is neither tenure
nor duration In the Office to which these COM
missionersa are elected. They are appointed to
Wv fIt''h' uNt WltHln " ptTlou VI time mol 10
extend beyond three years. There is no pro-
vision Tor succession or duration, and the Term
Is TO expire at no specified time, On compile.
ton OF the specific work over which they have
charge their duties VIII end, whether that work
shall have been completed within three years or
not. While the taking of an oath and the giving
OF q bond Is usually an incident To an Office. yet
II Is not essential TO and does not constitute any
part OF an Once III echelh on public officers.
sec. 6, page G,
Section 70 Of the constitution reads as follows:
No person shall BE- elected or appoipted to
ONCE In this State for life or during good be-
some specified time period"
1t VIII thus be seen that, Independent Of the
general law upon the subject, our constitution
has clearly defined one of the essential elements
OF an office. which is that 4; shall be for some
specified period" A commissioner appointed
TO superlntend the erection OF \ Stateliouse Is
not n public ofhee.-Mechem on pubic officers.
page So. SEQ, 20,
The supreme court Of the state OF Illinois in n
very elaborate opinion constituting 4 section In
thcir state constitution almost Identical with
ours, under a condition Of facts precisely identi-
cal With ours, held that the Statehouse commits
sioners were not public oricers.-Bnn VS.. Pro-
pie, u ILL.,, &7. 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-
rloyes for q single and special purpose whose
functions are at an end upon the completion
81 the work. The constitutional provision which
he court was constituting is rs follows: "Elec-
ton Of officers and the filling OF all vacancies
which may happen by death, resignation or re.
noyal, 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 gem
erai assembly The court In rendering the De. |
ciSiOn passed uppp most Of the cases cited nv |
the governor In his message. including tho |
United states VS.. Morris, reported Ia 2 Brock. |
100. IL was shown by the court that the ONCE
In THIS latter case was a continuing ONCE. We |
have examined the different authorities cited BY |
the governor in his message and WI find that the
once In question was 4 continuing Une. In
shelby vs.. Alcorn, 70 Miss, p. ia. our supreme
courtsheld that 4 lcyee commissioners In Misyis.