The age-herald., 1901-07-18
ITALIAN GOVERNMENT
 TAKES UP LYNCHING CASE

Washington, July 17-The Italian gov ernment has taken cognizance of re- cent affray at Irwin, Miss, in which 1t Is claimed two Italians were lynched and a third seriously wounded. The facts have been communicated to the foreign l office at Rome and the Italian embassy here has made representations to the State Department. At the same time the Italian authorities are pursuing an in- vestigation of their own through their consul at New Orleans and their con sular agent at Vicksburg, Miss, which is not far from the scene of the alleged trouble.
 This far the reports received from these officials establish two essential l points in what is considered rather se- 1 rious conditions of affairs. First, it Is re- ported positively that the Italians were Killed by lynchng and not through acci- dent or by chance affray. Second, the | Italian authorities nearest the scene of | the trouble have established to their satisfaction that the persons killed are Italian subjects in the full sense, not having taken out naturalization papers | during their official term; they shall re- | cieve no fees or perquisites nor hold any office (except judicial ofices) of profit or trust under this State or the United States. or any other power, during the term for which they have been elected
 Section l. The Supreme Court shall | consist of one chief justice and such number of associate justices as may be prescribed by law.
 Section 13. The chief justice and asso- l ciate justices of the Supreme Court, the | judges of the Circuit Courts, Probate l Courts and chancelors shall be elected | by the qualified electors of the State, l circuits counties and chancery divisions, l for which such courts may be established at such times as may be prescribed by l law, except as herein otherwise provided. l Section IA. The judges of such inferior 1 courts of law and equity as may be by law established shall be elected or ap- pointed in such mode as the General As sembly may prescribe.
 Qualifications of Judges. l Section 15 Chancellors and judges of l all courts of record shall have been citi- zens of the United States and of the l State for five years next preceding their | election or appointment and shall not be | less than twenty-five years of age, and, l except judges of probate courts. shall be | learned in the law.
 Section 16 Except as otherwise provid- | ed in this article. the chief justice and | associate justices of the supreme court | circuit judges chancellors and judges of l probate shall hold office for the term of | six years and until their successors are l elected or appointed and qualified; and | the right of such judges and chancellors | to hold their offices for the full term | hereby prescribed shall not be effected by any change hereafter made by law in any | circuit, division or county in the mode or | time of election.
 Section IT. The chief justice and as- sociate justices of the Supreme Court | shall be chosen at an election held at the | time and places fixed by law for the eiec- | ton of members of the House of Repre- sentatives of the Congress of the Uni ted States, until the General Assembly | shall by law change the time of holding | such election. The term of office of the csAief justice who shall be elected in the | year 1904, shall be as provided In the last | preceding section. The successors of two l of the associate justices who shall pc | elected in that year, shall be elected in the year 1906, and the successors of the other two associate justices, who shall be elected in the year 1904, shall be elected in the year 1908. The associate Justices | of said court elected in the year 1904 l shall draw or cast lots among them selves to determine which of them shall hold office for the term ending. respect l ively In the years 9016 and 9l0S and un- | til their respective successors are elected or appointed and qualifier; the result of l such determination to be certified to the | Governor by such associate justices or a | majority of them, prior to the first day or | January, 1905, and also to be entered | upon the minutes of the court. In the l event of the failure of said associate jus tices to make and certify such determina- | tion the Governor shall designate the terms for which they shall respectively hold office, as above provided, and shall issue his proclamation accordingly Tn | the event of the increase or reduction by l law of the number of associate justices of the Supreme Court, the General As- sembly shall as nearly as may be, pro- l vide for the election, each second year. of one-third of the members of said l court.
 Section 1s All judicial officers within l their respective jurisdictions shall, by virtue of their office, be conservators of the peace.
 vacancies In Office.
 sec 1e Vacancies in the office of any of the judges who hold office by election. or chancellors of this State, shall be filled by appointment by the Governor such appointee shall hold his office until the next general election held at least six months after the vacancy occurs, and until his successor Is elected and qualih- ed: the successor chosen at such election shall hold office for the unexpired term and until his successor Is elected ane' qualified
 Sec. 20. Whenever any new circuit or chancery division Is created the judge or chancellor therefor shall be elected at the next election for representatives, to the general assembly for term to expire at the next general election for judges and chancellors; provided, that if said new circuit or chancery division Is created more than six months before the next election for representatives to the general assembly, the Governor shall appoint some one as judge or chancellor, as the case may be, until such election.
 If Judge Is Disqualified.
 Sec 21. If in any case, civil or criminal pending in any circuit court. chancery court, or In any court having the jurisdic- tion of circuit and chancery court or either of them, In this State, the presid- ing judge or chancellor. shall for any legal cause, be incompetent to try, hear or render judgment in such case, the par ties or their attorneys of record, If 1t be a civil case, or the solicitor or prosecut- ing officer, and the defendant or defend- ants, if 1t be a criminal case, may agree upon some disinterested person, practic- ing in the court and learned in the law, to act as special judge or chancellor to sit as a court, and to hear, decide and render 4.- ( kt-n or,r1ar a