The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1900-05-16

the submission of amendments to the
organic law:
"Section 213. Whenever two third.
of each house of the Legislature shall
deem any change, alteration or amend
ment necessary to this Constitution
such proposed change, alteration OF
amendment shall be read and passed
by a two-thirds vote of each house
respectively, on each day for three
days; public notice shall then be given
by the Secretary of State at least three
months preceding au election: at
which the qualified electors shall vote
directly for or against such change,
alteration or amendment; aud if more
than one amendment shall be submit.
ted at one time, they shall be sub.
mitted in such manner and form that
the people may vote for or against each
amendment separately, and if it shall
appear that a majority of the qualified
electors voting shall have voted for the
proposed change, alteration or amend
ment, then it shall be inserted by the
next succeeding Legislature as part
of his Constitution, and not other
wise"
In answer to the plea of the defense,
TIE Attorney General filed a demurrer
in words and form as follows:
l. "The State of Mississippi, by the
Attorney General, demurs to the plea
filed by the defendant Robert Powell,
to the information in this cause, and
assigns. the following causes of demur-
rer and prays the judgment of the
court whether it shall make further
answer to said plea:
nlna haf tn
the information: the facts pleaded are
insufficient to bar this proceeding.
''2. The question as to the submis-
sion, adoption and insertion of the
amendment into the Constitution, is
legislative and not judicial question,
and the Legislature has passed thereon
adversely to the defendants cont en-
tion,
"3. Said plea is in divers other re-
spects uncertain, informal and in
sufficient. MONROE McCLURG,
attorney General"
81 certify that, in my opinion, the
above demurrer is we'll taken and that
it ought to be sustained.
"MONROE MCCLURE,
attorney General"
After hearing argument of opposing
the demurrer, Judge Brady announced
that without taking into consideration
other points raised by the defense, he
amendment had been submitted to the
voters as fatal to its validity, and over.
ruled the demurrer and caused judg-
ment to be entered in this court in
favor of the defendant.
ha
ate notice of his purpose to take an
appeal from the judgment of the court.
The petition then filed by the State
for an appeal to the Supreme Court,
without supersedeas, was granted, and
the clerk was ordered to make tran
script of the record and certify the
same to the clerk of the Supreme
Court
Acting Judge Brady decision in the
case is generally indorsed by members
of the Brookhaven bar, which is one of
the ablest in the State.
After the case had been disposed of
Judge Powell resumed his seat on the
bench and proceeded with the business
in regular order, as though nothing
unusual had taken place.
The case came up unexpectedly to
Cne usual attendants upon court, ana
had been disposed of before it was
generally known that the title of the
judge was being called in question.
No official in Mississippi is held in
higher esteem and confidence than is
Judge Powell by the people of Lincoln
Jackson, Miss, May II The case of
the State on the information of the
attorney general, involving the validity
of the Noel amendments to the consti-
tuition for an elective judiciary. was
called in the supreme court this after
noon.
It's consideration was postponed
until to morrow afternoon, when it will
either be argued or an early date set
for its hearing. The State is repre-
rented by the attorney general and Mr..
Noel, the author of the amendments,
and Ex-Governor McLaurin are associ-
ated with him, Judge Powell is repre-
sented by Hon. r. H. Thompson, of the
firm of Neville 4 Thompson, and
EX-Chief Justice Campbell and Ex-
Attorney General Johnston are associ-
ated with him
LATER The court has set next Mon