Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1900-05-26

cnoruS song by several OF the music pu- |
pills. And then Gov. Longino complied
with the request of President Kincan-
non to lay the first brick in the founda-
ton of the new hall and dormitory.
The new buildings will be in read-
ness for the opening of the next ses-
sion, September 81, and they will be
ample for fully 45O students, and more
than that number will apply for admis-
sion. Another building is much needed
"a music hall.
The faculty is composed of President
Kincannon, who fills the chair of Polit-
zeal Economy and Civics, and nineteen
ladies, experienced and accomplished
in their several departments. Several
OF them are already on their way to
Europe for recreation and study, and
others will spend two months or more
in special schools in this country.
The enrolment for the session Just
closed was 400 with higher per cent.
of attendance than at any seston since
the college opened on the ed day of
October, 1855,
No college president was ever more
respected and beloved by his co workers
and students than is the present presi-
dent of the Industrial Institute and
College.
Elective Judlciary-Thc Noel Amendments
TO BE Tested,
The following special" to Clarion.
Ledger is an interesting statement of
an exceedingly important question, the
decision of which will be awaited with
! interest:
BRooKHAvEN, May 1.-THE Noel
amendments for an elective judiciary
were declared void here this forenoon
by Hon. Thomas Brady, Jr., sitting as
special judge to try the quo war
ranto proceedings brought by Attorney
General McClurg in the name of the
State of Mississippi, to discover by what
right Hon, Robert Powell, the sitting
circuit judge of the Seventh District
| claimed the title to that office. Judge
Brady held that they were void on two
counts first that they were improperly
submitted in that they contained more
than one change, alteration or amend
ment in violation of the constitution,
and second, that they had not received
a majority of the votes cast by the
qualified electors as also required by
the constitution.
The State was represented by Hon.
Monroe McClurg and Judge Powell was
ably represented by Hon. X. II. Thomp-
son, of the firm Of Melville & Thomp-
son, of jackson. Each made power
full presentation of his side of the case,
both filed lengthy papers and docu-
ments in support of their contention.
The encouragement alledged that
Judge Powell unlawfully holds and ex-
ercises the functions of a civil public
officer in said State, namely: the Office
of circuit judge of the Seventh judicial
district Of said State; that he is now
unlawfully holding regular term of
the circuit court for Lincoln county, in
said judicial district, and is unlawfully
holding and exercising the functions
of the judge of said court in said coun-
ty; wherefore, the State of Mississippi,
by the said encouragement, prays
that the said Robert Powell may be
removed from the said office and de.
barred from exercising the functions
thereof, and that he be ordered to de-
liver over all records, books and papers
in his custody, or under his control, be-
longing to said office, and that he pay
the costs.
Mr. Thompson in lengthy paper
recited that the Noel amendments were
void because improperly submitted and
for failure to receive a ma jority of the
votes cast at the election of 1899 as re-
quired by the constitution itself. lie
reviewed the question very exhaust
eddy and proved to the satisfaction of
the judge that Judge Powell had a
clear and unimpeachable title TO the
Office for a term of four years from the
date of his present commission issued
January 20, 1900.
Acknowledgement McClurg demurred
to this answer which demurrer Judge
Brady overrulcd aud the case was at
once appealed to the supreme court by
the general.
Judge Powell assembled the bench at
Q o'clock this morning being in the
midst of the term of the Lincoln coun-
ty court he ordered the minutes of the
court of yesterday read. Attorney
General McClurg, who had come down
on the daylight train from Jackson
was present in the court room as was
also Mr., Thompson, after the reading
proval of the same by the Judge he an
nounced that quo warranto proceed
ings had been instituted against the
court and as he was disqualified to sit
Reused himself and Mr.. Brady, who
had been agreed upon by the State and
by Judge Powell to sit in this case, as
cended the bench The proceedings
lasted for nearly two hours and were
very interesting throughout, the learned
counsel on both sides in their oral argu-
ments displaying great ability.
After Judge Brady rendered his de-
cision Judge Powell who had retired
again resumed the bench and called a
case when business was resumed i'm
mediately.
The lawyers of this city as rule and
through South Mississippi generally
are of the opinion that the Noel amend
ments are void having been, as Judge
Brady stated improperly submitted
and not adopted in accordance with the
plain provisions of the constitution.
Many expressions of commentator arc
heard at the action of Gov, Longino in
taking such direct course TO settle
this vexed question and an early de-
cision of the supreme court is awaited
with much interest
University Summer Term.
The Fanny ]. Kicks summer term
will begin at University June IL, and
will continue to July %. This term is
for teachers and students, and for those
who are anxious to fully prepare for
college. The generosity OF Mrs. Kicks,
of Yazoo City, has enabled Chancellor
Fulton to offer this excellent oppor-
tunity to all who may wish to avail