The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1902-12-24
AN IMPORTANT DECISION.
Judge Powell Rules Against the
HazIehurst School
Board.

| Judge Powell has rendered his
decision in the quo warranto pro-
ceedings of District Attorney
Greaves, use of the State of Mis-
sissippi VS.. Ellis ct al, argued at
the last term of the circuit court
/ in Copiah county.
This proceedings was brought
to inquire by what right the
members of the school board of
Hazlehurst held their office, and
to test the validity of the act of
1888 by which the Legislature
created special school district in
the town of Hazlehurst and named
the officers.
The decision of Judge Powell
is of the greatest Importance, for
Judge Powell holds that the Legis-
lature has no right to create an
Office and then name it's incum-
bent. If his decision is sustained
by the supreme court, where the
case will be appealed, it means
that the present school boards in
Hazlehurst, Brookhaven and Me-
ridian will be abolished, and is
also expected to affect several 9th
err towns.
The principal question under
the opinion is whether the Legis-
i lature under the constitution of
1869 has the power to create a To-
cal Office and fill it permanently
by its own appointment. Judge
Powell decides that such a pro
ceeding would be violative of the
right of local self-government.
The decision is in full as follows:
j. B. Greayes, District Attor-
ney, VS.. /. n. Ellis, ct al.
The instant suit is a writ of quo
warranto sued out by the district
attorney against certain of the
members of the board of trustees
of the separate school district of
! the town of Hazlehurst, and is
tried by the court on an agreed
state of facts.
In the year 1888, page 173, the
legislature of the State of Mis-
sissippi passed an act entitled
can act to authorize the board of
mayor and aldermen of the town
of Hazlehurst, Mississippi, to is
sue the bonds of said town for the
purpose of purchasing site and
erecting buildings thereon for the
public school buildings Of said
town and for other purposes.
Section 6 of that act desig-
mates some % gentlemen by name
and appoints them as board of
trustees of the public schools of
the town of Hazlehurst and pro
vides that they shall hold their
Office for twenty years and until
their successors are qualified, with
power to fill all vacancies in
their body caused by death or 9th
er causes. By subsequent act of
| the legislature, see acts 1890, page
1856, this board was authorized to
i fix the amount, and the board OF
mayor and aldermen of said town
were required to levy and collect
; the money to support said schools.
The petitioner contends:
LIST. That the act of 1888 was
repealed by the code of 1892.
I'd. That the act of 1888 is I'M
! constitutional because it violates
section /, Article III, Of the con
stitution of 1869, in that the leg
) islature assumed powers proper
" belonging to another depart
5 ment of government.
Sd. Because the act is violatiyt
and destructive of the right of 10
cal self government
The respondents reply:
] 1st. That the trustees are MOI
officers such as the writ Of qut
: warranto can reach under the stat
ute.
I'd. That the act of 1888 il
protected from repeal BY the ex
( ception in section zoos of th,
icode of 1899; and
{ 3D.. That there is no provision
7 In the constitution of 1869 pro
hibiting their exercising the pow
) er OF appointment in cases like thl
present, and that ia the absenc.
lof such prohibition, the powel
Of the legislature is plenary