Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1900-05-19
MISSISSIPPI MATTERS.
s NOTES OF PAST AND CURRENT EVENTS.
By J. L. POWER.
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hampered and crippled in the proper
discharge Of their functions by making
their allowance dependent upon APP
proval by the board of supervisors. Sec
ton 9O6 expressly authorizes the pay
ment Of such allowance by the county
treasurer on the order of the court.
Section Gal, directing the circuit clerk
to certify such allowance to the clerk
of the board of supervisors, is for book
keeping and auditing purposes, and not
to be passed upon by the board
Factory Exemptions.
II. A permanent factory established
two years ago and having capital OF
five thousand dollars invested in manu-
featuring brooms, chairs and tables in
a finished state and put upon the mar
ket direct, and not belonging to or be
ing in any trust, combine or pool, is
exempt from all taxation under chap
ter "a, acts 1897, for a period of ten
years
IS. A permanent factory established
before the first day of January, 1900,
with a capital of 1925, 900 of which S2O,-
900 has been paid in, for the purpose of
manufacturing cotton into cloth or
yarns and for selling or dealing in the |
fabric so manufactured not belonging |
to or being in a trust combine or pool, |
is entitled to exemption from all tax
] a.. r
District Attorneys Prosecuting in Justice
Courts.
49, District attorneys are not required
by law to prosecute persons charged
with offenscs in the justices of the peace
courts. Sections $50 and 1856 ammo
tatcd code.
90. | know of no law expressly pro-
hibiting the district attorney from
prosecuting for a fee in justice court;
however, since the constitution has
abolished the fee system, the propriety
of taking fees in such projections may
be questioned.
Statutes Of Limitation,
o. Section 2,736 of the code declares
that statutes of limitation shall run in
favor of a county, beginning from the
time when the right to demand pay
ment first accrued. County warrants
allowed by the board of supervisors arc,
under section 2, 743, domestic judgments
against the county, and are barred
after the expiration of seven years from
. the date of the allowance. 1t is gen
erally the duty of officers and trustees
to plead the bar.
{ Examination a Prerequisite for County
Superintendent.
An election on the 23d day of Feb
ruarv. 1900, ordered by the board of
: supervisors to fill an unexpired term
. in the Office of county superintendent
of public education in an elective coun-
ty was illegal and void, because at that
, time the law required such vacancies to
be filled by appointment by the COVER
= nor. And a person elected at such an
election, without having stood the eX-
animation required by sections 4,257
. and 4,259 Of the code, is ineligible to
! hold the office, both because of failure
to be examined and because the cleo
ton was void.
The appointment by the governor OF
one who has not been examined as re
!. ouired by said sections, to fill out an
~ unexpired term in said Office, is void
i and the appointec is ineligible to hole
the Office although he gives the bond
:. and takes the oath prescribed by law
- because the examination is a pre-
. requisite and qualification for sucf
Il appointment.
Both the person elected and the on,
appointed being ineligible, the boarC
of supervisors should declare the Office
vacant and order an election to fill thu
-. vacancy under the provisions of th
y, George election law approved March
~. 1900.
a A county superintendent appointed
" by the governor and who took the oatl
- and gave bond and has been discharg
ing the duties of the Office since his ap
- pointment. but was ineligible becaus
y. he had not been examined as required
bv law, is de fdcto officer and as sue
!. his acts are valid and binding and h
~ should be paid the regular salary 10
the time of his service.
"a Local observation-disclosures Must he Pal
\ Section 2,27S of the code empower
"a the board of supervisors to establis
local quarantine at the expense of tn
county. and prescribe reasonable rule
=. for its enforcement. In cases OF SINAI
pox outbreaks, section s, chapter g.
49, acts 1896, makes the county health o
no ficer a member of the board for I'll
~ performance of the duties required b
- that act to prevent the spread OF I'll
disease. Therefore, where the boar
- in regular session, the health Office
sitting with it to consider an outbrea
-. of smallpox in the county, enters
" order on the minutes directing Il
health officer "to take all neceSsal
49, steps to prevent the spread of the sma
49, box in the county," and he according
establishes a quarantine and employs
-. physician TO vaccinate and take ge
~, eral charge, such physician has la'
',a full demand against the county I
'lu reasonable compensation for his Sc
vices.
oo6 The Pythians.
the The grand lodge Knights of Pythi