The leader., 1898-12-14
THE NOEL. AMENDMENT FOR AN
ELECTIVE JUDICIARY.

The first amendment to the new con-
submitted by the legislature
Of 1894, was adopted by the people at
the State election on Tuesday after
first Monday in November, 1895. This
was an amendment striking out sec
ton 100 of the constitution, which
reads as follows:
The legislature shall provide for
the enumeration of the whole number
of inhabitants, and the qualified elect
ors of the State, once in every ten
wears, and the first enumeration shall
he made during the two months be-
ginning ON the first Monday of June,
1895, aud the legislature shall provide
for the same by law
The idea of the trainers of the consti-
tuition, as indicated in debate, was to
have the Mississippi census, as above
outlined. taken midway between the
Federal census. which is taken every
ten years. Beginning in 1895, would
have given the State the benefit of a
census every five years, the Federal
census being due in 1900, and thus the
reports would have run along.
In the legislature of 1894 the argu-
ment was made that it would be "a cost
| " luxury to have the State pay for a
census every ten years, and the resolu-
ton submitting the striking out of sec
ton 105 of the constitution was adopt
ed by both houses on three several sue
cessive days, and the legislature failing
to provide an appropriation for the
/ taking of the State census in 1870,
none. of course. could be taken. The
people ratified the proposed amend
ment of the legislature of 1894 at the
polls in November, 1895, and the legis-
lature of 1896, as provided by the con
stitution in such cases, expupgcd sec
ton 100 from the constitution.
Next year the people of the State
will be called on to vote on the Noel
amendment for an elective Judiciary.
That amendment as heretofore stated,
is so crude as to border on monStroSity.
As first pointed out in the Picayune,
and afterwards confirmed by the
ablest lawyers of the State, some of
whom favor an elective judiciary, the
Noel resolutions contain four or five
separate changes, all iumbled together,
incapable of division, when the consti-
I t,Tti al ri W
more than one amendment is proposed
each proposed amendment must be
separate, so the voter may vote for one
and against another. The Noel resolu-
ton, which was adopted by both
branches of the legislature ON three
several days, itself refers to the matter
in it, as amendments and the plural is
manifestly correct. for it not only
changes the term of the supreme
! judges from nine to eight years. but it
provides for their election, and they
are now appointive. 1t also provides
! for the election of judges of the circuit
courts and chancellors, and fixes the
mode and manner of the nomination
and election of supreme and circuit
judges and chancellors.
! But the grOtesque feature of this
fearfully and wonderfully constructed
resolution is that it provides that all
! judges shall be nominated by districts
| but that they shall be elected by the
| State at large There are supreme
court districts the northern, the
southern and the middle district
They cut the State in three pieces, run
ming east and west. Supreme Judges
sit as the court of last resort upon the
lives, liberty and property of the PEG
pie. If the people vote for the Noel
amendment to the constitution, two
thirds of the people viii! be robbed of
their right to say who shall be two of
the supreme judges of the State. In
other words, each district dominates a
judge and says to the people of the
other two-thirds of the State, compos-
ing the other two districts: You had
no voice i'll the nomination of this man,
but you voted for an elective judiciary:
you voted to change the constitutions
and now you have changed it, and we
have nominated this man, and you
must swallow him"
There are ten circuit judges The
people in nine OF the districts of the
Slate, if this amendment is adopted.
Will have to vote for nine men for
judge, i'll whose nominations they have
been denied a voice or vote by the CON
stitution, which they themselves voted
to change, and thus robbed themselves
OF the right to say, primarily, who
should wear the judicial ermine
Some of these men may be drunkards
men who could not be elected. per-
haps, at the polls in their own districts.
notwithstanding they may have
schemed a nomination in their dis
trict primary by tricks on trades. or in
a convention where iog-rolling won
the day, but the Noel amendment to
the constitution fixes it 50 that such
men can be elected by the State at
large.
There are seven chanccry court dis
tricts. BY the provisions of the
Noel amendment six of these chancel-
lors would have to be elected by peo-
pie III other districts than their own
people who perhaps had never seen
them and did not know anything about
their fitness, integrity, sobriety or
general fitness for the office Of chan
ce.lQr.
me people may want an elective Ju-
dietary. God knows some of them
have cause to want one. But the peo-
PIE are not apt to put themselves in a
constitutional straight jacket. and gag
themselves into ANONYMOUSLY inviting
change that vii, deny them right
TO speak primarily as to who shall
wear the ermine and sit upon their
lives, liberty and property. Jackson
Correspondence N. o. Pjc0yuRe
Praise for Coils. Bryan and Mont