The leader., 1898-04-06
THE I. 1. & G. MIDDLE.
Mandamus Proceedings Have
been Instituted by the
GOyernOr.

been Instituted by the
Governor.
JACKSON, MISS, March 3O.-Tht
mandamus proceedings against the
Auditor in the matter of issuing
his warrant under the qualified veto
by the Governor of the Industrial
Institute and College bill is at
tracing State interest.
1t can be authoritatively stated
that Hon. Frank Johnston, ex.At
tOrney.G General of Mississippi and
one of the foremost constitutional
lawyers in the South, has been re
tanned by Auditor Holder.
The mandamus case will be
argued before Hon. Robert Powell
Circuit Judge, at Canton next Sat
urday. As heretofore stated in the
Picayune, Hon. VIM. r. Harper,
of this city, and the firm of Will.
Hanson s. Potter also of this city,
eminent lawyers, have been em.
ployed by the Governor to institute
this suit.
The petition sets out that this
College is and has been supported
by the State; that the State is un.
der contract with professors and
teachers for the ensuing term, and
that the money is needed to meet
such contracts. 1t then sets out
the act as passed by the Legisla.
ture, together with the conditional
approval of the Governor, and al.
leges that the trustees have com.
piled with all those provisions OF
said act so approved by the Gov.
ernor, and asks for a writ of man.
damus against said Auditor. The
bill ard history are set forth, all oi
which have been heretofore pub.
lished in the Picayune.
The two questions involved in
the case are whether the Legisla.
ture had the power to prescribe the
conditions apprOpriating the money
for the College, and whether the
Governor had a right to veto the
conditions. Upon a decision OF
these questions depends the validi.
ty of the law. There may be an.
other question raised as to the
mode of procedure by the House,
In which this bill originated, and
the failure of the Governor to re.
turn the bill to the House, with his
veto message, as required by the
constitution. No matter how the
case is decided by Judge Powell,
it is expected that an appeal will
be at once taken to the Supreme
Court, the law providing for an i'm.
mediate appeal in this character OF
cases, the Supreme Court being now
in session.
The proceedings referred to
above, as was first pointed out in
the Picayune more than month
ago, were necessary to unravel the
labyrinth of doubt and uncertainty
thrown over the appropriation for
Industrial Institute and College by
the qualified veto of the Governor
AS heretofore stated, eminent law
yers of this city and State are OF
the opinion that the bill was killed
by the Governors assumption OF
the right to veto the conditions
upon which the Legislature predi
Gated the appropriation for the Col
lege. Section 60 of the cOnstitu
tion prescribes that "legislation
shall not be engrafted on appropri
alton bills, but the same may pre-
scribe the conditions Oh which the
money may be drawn, and for what
purposes paid" The part of the
bill the Governor vetoed prescribed
the conditions on which the money
for the College could be drawn.
Section 73 of the constitution
reads as follows: "The Governor
may veto parts of any appropria
ton bill, and approve parts of the
same, and the portions approved
shall be law"
1t is held by eminent lawyer;
that parts of an appropriation
means an item, an extravaganza
and not a condition which section
60 specifically authorizes, in ordel
that public money may be honestly
disbursed, and not diverted, al
could be done in the absence O
conditions prescribing how i
should be spent.
The Auditor declined to issue hi
warrants under the appropriation
believing that to do so would imper
il his bOndsmen, notwithstanding
the fact that Attorney General Nasl
had given the Auditor an 0fficia
opinion, holding the Governor
qualified veto constitutional. Th'
Auditor has all along expressed
the utmost willingness, and evel
anxiety, for mandamus in Orde
that the question might be finall.
and judicially determined. He i
a friend of the College: has eve
been, aud will be only too glad t
Issue his warrant under the apprO
priation if the courts hold it to b
a valid one.
When this matter came up be
fore Judge Powell at Canton SAT
urday, the motion for mandarin
was argued by opposing counse
and taken under Amusement by tn
Court. Judge Powell's decision !
expected some time during thi
week.