The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1899-02-15

It goes without saying, that none
but the plrest and best should be
appointed to judicial positions.
The governor OF the state is gull
Isl Of a political crime when he
uses this power to reward parti-
sans, ard to foster and advance
his own personal political ends;
and do not hesitate to affirm
that when he does so he betrays
the most sacred trust committed
TO his keeping by the people, and
that the appointee who feels that
he owes the slightest service to
the man who appoints him is un-
worthy Of the office he fills.
The theory Of our form of gov
ernment is that the three DEPART
ments composing 1.-THE execu-
tive. legislative and judicial, -
are independent of each other,
and co-equal; and many states
men object to the power of filling
the judgeships by appointment Of
the executive, as tending to en-
danger this equality and inde-
pendence which is so necessary
to the preservation of our liber-
ties. For myself / endorse this
view, and therefore favor an
election of the judges by the peo-
pie. | have never been able to
understand why the voters, who
select a governor who does the
appointing, cannot select the
judges themselves, and do it quite
as well as their agent.
The election of judges is no un-
tried experiment in Mississippi,
and submit that the judges for
merly chosen by the people at the
polls compare favorably with
those appointed under the pres
ent system.
In my judgment the governor
ought not to possess this power,
and hope he will be deprived OF
it by the adoption of the proposed
constitutional amendment making
the judges elective.
The pardoning power is also
vested in the executive depart
ment and is a most important
one. It's object is evidently to
provide corrective for the harsh
ness that sometimes results from
a strict enforcement Of the GRIM
inal laws, an equitable power, as
1t were, and not to offer a means
of escape from the just punish
ment for crimes committed. The
object OF criminal law is the pre-
vention of crime. not the punish
ment of the criminal, and this OBJ
ject is necessarily defeated, in
measure at least, by it's too fre-
quent exercise in favor of crimi-
nails of wealth or influence.
When an offender has been
found guilty by jury Of his
peers, and sentenced by court
of competent jurisdiction, this
sentence should only be set aside
where strong equities demand the
interposition of executive Glenn
ency.
Like the veto power the effect
OF its exercise is to override the
solemn action of a coordinate
department of the state govern
ment, and it should be invoked
with great caution and hesitancy.
The governor is ex- officio a |
trustee Of many state institutions
and the duties OF these positions
are not designed to be discharged
in a merely perfunctory manner. |
BY a careful and conscientious
discharge of the duties apper-
tanning to these trusts, he can do
much to secure the proper and
economical administ ration Of
those institutions.
| may add, without vanity, that
! have been able, during a SER
vice Of twelve years in the Iegis-
lature, to make some wholesome
upon the lawsof the state,
organic and statutory, to which
| invite attention. Thanking
yourselves and other friends forl
your kind endorsement.
SHORT ON R0NEG