The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1900-05-16
JUDICIAL APPOINTMENTS.
ChancellOrs and Most Ofthc Cir
cult Judges RcappOinted.
Noel Amendment to be Tested in the
Courts

pected judicial appointments. All o
the present chancellors we're reap
pointed, and all of the present circui
judges with the exception of the in
cumbents in the third, seventh ant
tenth Circuit Court districts. Tn
reason of his failure to reappoint tn
| judges in these districts was to affor,
an opportunity for the Noel amend
ment to be tested in the courts, Thes,
three unappointed judges will hole
over under their old appointments
and the Attorney General will at ono,
bring a quo warranto proceeding
against them in order to test thei
right to hold over. This will brin.
the elective judiciary amendment di
rectly before the courts, and tina
adjudication can be had on the ques
tion of its validity at an early date. i
the amendment is held valid, then the
judges and chancellors reappointeC
will be serving under valid appoint
ment under the terms of the elective
judiciary bill passed at tbs last session
of the Legislature. In the three dis
tricts where no such reappointments
were made the incumbents will still bt
holding as de facto officers and thus
no interruption will occur. In CASE
the courts adjudge the elective judi
ciary amendment not to have been
constitutionally inserted, all of the old
judges and cbancellors will be holding
their offices legally, since none of the
terms under their old appointments
have yet expired or are expected to ex
pire before the courts decide the ques
tion.
Following are the appointees tc
whom commissions we're issued this
morning:
Judge S. S. Calhoon, Supreme Court
justice from the first district.
Chancellors-H L. Muldrow of the
first district, n. G. Hill of the second
James G. Longstreet of the third, W.
c. Martin of the fourth, III. G. Conn OF
the fifth, A. NJ. Byrd of the sixth, A
McKimbrough of the seventh.
Circuit Judges-E. O. Sykes of the
first district, T. A. Woods of the Sec
ond. F. A. Montgomery of the fourth
w. T. Stevens of the fifth, jeff Truly
of the sixth, j. r. Enochs of the eighth,
Pat Henry for the ninth.
In announcing his appointments for
judges and chancellors to-day the Gov
ernor gave out the following state
ment:
"Quite diversity of opinion exists
about the validity of what is commonly
called the Noel amendment, which was
engrafted on the State Constitution by
the last Legislature seeking to make
judges and chancellors elective instead
of appointive, as under the former
law. The only mode whereby the
State Constitution may be changed or
amended is furnished by that instru-
ment itself, and it is greatly doubted
that the constitutional requirement
was met in the adoption of the amend
ment in question. If it failed to carry,
then, the law passed on March 10, 1900,
under which the judges and chancel-
lors now to be appointed, is likewise
invalid and the said appointments un-
der it void.
Il do not care to enter here into a
discussion of the question more than
to say that | entertain great doubt
about the validity of the law, and that
since am sworn to obey the Consti-
tuition and laws of the State, deem it
just to myself and duty due the
State and it's business interests to have
the question settled at the earliest
day practicable. and in such an effect
i've way as to put at rest all doubts on
the subject This can be done only
through the courts. For the purposes,
therefore, of making said test of the
law approved March 10, 1900, | have
declined to appoint under it circuit
judges in the Third, Seventh and
Tenth Judicial Districts, respectively.
The judges there, viz, u. II. Steph-
ems, Robt. Powell and G. b, Huddle-
ston, holding the office under their ap-
pointment, will be proceeded against
at once by the Attorney General, rep
resenting the State by quo warranto,
whereby the question will be sharply
and directly submitted to the Courts.
By this method it is my purpose to get
trial of at least one, if not all of said
cases at very early day, and final
decision by the Supreme Court before
the adjournment of the present term.
By the reappointment of the present
judges and chancellors, the business
of the courts, except as to the three
districts named, will progress uninter-
ruptedly, without confusion or doubt
of the legality of the proceedings, for
the reason that if the new appoint
ments are illegal, the incumbents are
still lawful officers under their former
appointments. 1t is practically safe to
say the question will be finally decided
before any of the judicial terms will
expire under the present or old ap-
pointment."
First Step i'm the Test of the Noel
Amendment.
Special to The Times Democrat.
Brookhaven, May 1.-THE purpose
of Gov. Longino to have tested in the
courts the validity of the elective ju-