Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1900-06-09
THE NOEL AMENDMENTS
Declared Null and Void by the
State Supreme Court.
rhe Court Unanimous In Its opinion-Ali
Judges VIII Be Appointed by the
Governor Under the Old Law.


substituting the elective for the APP
pointive Judiciary system were today
pronounced null and void by the su-
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 synop'
sis of the courts opinion:
Three questions are presented orsoluti11.
First, is the question whether the proposi,
tion submitted TO the voters for adoption
as part of the constitution be one amend
ment or two amendments, and whether
said amendment is judicial question; and
| likewise is the question whether such propo-
stion received the majority prescribed by
| the constitution as essential to its valid
adoption a judicial question!
Secondlf these questions are Judicial
questions was the proposition one amend
ment, or two or more amendments, and as
necessarily involved herein, was the propo-
sition submitted in the way the constitution
imperatiyely 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-
tion of an amendment thereto?
Regarding first proposition the court de
clsred it clear that both questions were ol
judicial kind aud numerous authorities
were cited in support of this view.
"The constitution said the court, 'car
be amended in but two ways, by the people
assembled in constitutional convention ol
by observing the constitutional method
marked out in section 213 of the constitu
ton of 1890 1t is mandate of the con
stitution itself, the paramount md suprcm
law of the land that such amendment can
not become part of the constitution unles
two facts were existent: First unless sue
) amendment or amendments shouh be sut
mitted in the mode pointed out Second
+ unless such amendment or amendment
should be adopted by the majority pre-
scribed These two conditions are fact
r which must exist in truth and in reality an
| not simply be declared to exist by the legi
. lature, whether they exist or not
. Referring to the second proposition, th
court declared that the proposition sui
mitted to the voters contained at least for
= separate amendments. Those, the opnio
insists, were submitted not in accordanC
y with section 273 OF tho constitution, ant
I Notwithstanding the action of the legsli
ture in inserting them into the constitution
are null and void and no part of the col
{ stitution.
{ The third proposition has relation to Il
e majority required for the adoption of
Il constitutional amendment, or, more plainl
" whether it il required that it be majorit
Q, of all those electors voting at the electit
,t or those voting on the adoption or rejectiC
n. of the particular constitutional amen
n ments submitted Various references whe
the word majority is used in the MiSss1
sippi laws is referred to, and then the cou
concludes that the significant fact stan
out like mountain on n landscape that
=, the whole period of time from 1917 to lSS
the constitution of the State having be
four times changed during such period
period of seventythree years of State b
J." tory, the people of this State, speaki
al through their sovereign instrument, t
II constitution, had uniformly declared tn
a no majority of electors less than majori
It. of those voting for members of the legis
re ture (which election would bring out, it W
en- presumed, the largest number of electoi
g to change the organic law of the land
90 Concluding, the court says: "We q
q not embarrassed in this case, as some
! the courts whose decisions we have d
cussed were embarrassed, by the fact tt
n construction different from ours had be
IN uniformly acted upon for a long period
time by all the departments of governme
~ and that rights have grown up under su
he different constructions. The governor
ld this State, foreseeing the evil effects
Ell come from long delay and the confuSl
ICE which would be introduced by waiting
,st years it might be, until the validity
-. -, l,s,a,., sborld ho otLar,yise n
he 'heae '''"ei'0Ii0"v' i, 'Uou'1 l, = =
lp- sented, wisely ue'ef fu'lneu " n"'o
question settled now, in advance, finn
and nuthoritatively by this, the court
80 ,oo., rh;s action savas the neonle
,no' io'o' . us a
this state the very greu' "lipafi as',ne
vs. which would certainly have attended
Law of the settlement of this much-vel
onostion This conrt recognizes the