The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1900-06-09
THE NOEL
Declared Null and Void by the
State Supreme Court.
The Court Unanimous In Its Opinion-Au
Judges Will BE Appointed by the
Governor Under the Old Law.

AAChso w ~ CohStlbutioh Va Nh"'oiSSPPA
substituting the elective for the APP
pointive judiciary system were today
pronounced null and void by the Il
preme court of the State. The opinion
which was delivered by Chief Justice
Whitfield was unanimously concurred
In by the other members. The court
room was crowded during reading OF
the opinion. The effect of the decision
will be to restore the status of the
judiciary as it existed before the
adoption of the amendments by the
legislature. The following is a synop-
sis Of the courts opinion:
Three questions are presented for solution.
First, is the question whether the PROPOSE
ton submitted to the voters for adoption
az part of the constitution be one amend.
ment or two amendments, and whether
said amendment is a judicial question; and
likewise is the question whether such propo-
sition received the majority prescribed by
the constitution as essential to its valid
adoption a judicial question:
Second-If these questions are Judicial
questions, was the proposition one amend
mont, or two or moro amendments, and as
"a hCAoihs "hS shS RhORO
sition submitted in the way the constitution
imperatively requires it to be submitted
Third-Was the proposition adopted by
the majority of qualified electors prescribed
by the constitution as Essential to the adop-
ton of an amendment therefor
Regarding first proposition the court de-
clared it clear that both questions we're Of
. judicial kind, and numerous authorities
were cited in support of this view.
"The constitution" said the court, "can
be amended in but two ways, by the people
assembled in constitutional convention or
by observing the constitutional methods
marked out in section 273 Of the constitu.
tion of 1890. 1t is a mandate of the con-
stitution itself, the paramount and supreme
law Of the land hat such amendment can.
not become part of the constitution unless
two facts were existent: First, unless such
amendment or ~amendmentss should be sub
mitted in the mode pointed out. Second,
unless such amendment or amendment
should be adopted by the majority pre-
scribed. These two conditions are facts
which must exist in truth and in reality and
not simply be declared to exist by the legis
iature, whether they exist or not"
Referring to the second proposition, the
court declared that the proposition sub
mitted to the voters contained at least four
separate amendments. Those, the opinion
insists, we're submitted not in accordance
with section 273 of the constitution, and,
Notwithstanding the action Of the legisla-
ture in inserting them into the constitution,
are null and void and no part of the con-
stitutiop.
j Tho third proposition has relation to the
a majority required for the adoption of a
constitutional amendment, or, more plainly,
whether it is required that it be a majority
of all those electors voting at the election
e or those voting on the adoption or rejection
U If the particular constitutional amend
nents submitted. Various references where
the word majority is used in the Misssis-
sippi laws is referred 20, and then the court
q concludes that ''the significant fact stands
out like a mountain or a landscape that for
!, the whole period of time from 1917 to 1890,
e the constitution Of the State having been
q four times changed during such period, a
period of seventy-three years of State his
tory, the people of this State, speaking
through their sovereign instrument, the
o constitution, had uniformly declared tina,
. no majority of electors less than a majority
d of those voting for members of the legisla
ture (which election would bring out, it was
presumed, the largest number of e~lectors)
to change the organic law of the land"
h Concluding, the court says: 1--WE ar
. not embarrassed in this case, as some o.
!. the courts whose decisions we have dis
cussed were embarrassed, by the fact thai
q construction different from ours had beer
= .-.e---.l- .--- g. "a ~, ,,ar;NI ~
L time by all the departments Of government
and that rights have grown up under sucl
different constructions. The governor o
this State, foreseeing the evil effects t,
: come from long delay and the confusion
y which would be introduced by waiting fol
y years, it might be, until the validity o
4 these amendments should be otherwise pre-
n scented, wisely determined to have thi
g question settled now, in advance, finall.
b and authoritatively by this, tho court o
last resort. This action saves the people o
ii. this State the very great embarrassment
n, which would certainly have attended a de
lay of the settlement of this much-vexe'
question. This court recognizes the i'm
n. portance of the legislature. 1t has tn
in highest regard for that legislature and 70
a. its members individually. We do not see
!. a jurisdiction aot imposed on us by tn
~ constitution. We could not, if we would
y revoke the exercise Of that jurisdictio
g which the constitution has imposed upo
US. In the particular instance in which W
o are now acting our duty to know what tn
constitution is, and in accordance with on
oaths to support and maintain it in its il
al tegrity, imposes upon us a most Difficult
and embarrassing duty, one which we hav
IL not sought, but one which, like all other
"a, must be discharged when the hour comes
G The action of the court below is in accord
I, apce with the view we have. 1t declared
f. and we now declare, that for the reason
en- that the said amendments were not sui
mitted to the voters of the State in &C
cordance with the provisions of section "a
Of tho constitution of 1890, and becaus
these amendments were not adopted at sal
d election by q majority of the qualife
IT electors voting at said election, as require
in by said section 373, the said amendmen,
=, are null and void and form no part of til
N constitution, and that all the sections of tb
al constitution which they sought to ropes
remain in full force and effect"