The Brandon news. (Brandon, Miss.) 1892-1961, 1904-10-13
JUDGE EONCHS NOT CENSUR-
ABLE

The censure of Judge Enoohs by the
Mendenhall News for not holding the
regular term Ct the circuit court at
Mendenhall about two weeks ago, is
unmerited.
Chancellor Msyes, before whom the
question of the legality of the removal
of the court house from Westville to
Mendenhall was pending, decided that
the removal was illegal and that
Westville is the county site of Simp,
son county, and the case was appeal
ed to the supreme court. If Chancel
lor Maye's decision is correct, the
proper place for Judge Enochs to have
held court would have been at West
Vile But as the supreme court may
reverse the decision of Chancellor
Mayes, and as the decision of the su-
preme court will be made very soon,
Judge Enochs pretermltted the regular
term until the supreme court shall
decide. where the county site is
When the supreme court shall decide
that, if the business of Simpson
county shall require special term of
the court, Judge Enochs, who is al
ways ready and willing to do his
duty, will doubtless call special
term of TIE court to be held at place
where there will be no question of the
legality of the sitting of the court.
AS to the fact that he had held sew
eral courts at Mendenhall, thereby
recognizing it as the county site, a
review of the situation will justify
what he did in holding the courts, and
will show that it is consistent with
what he did in pretermitting the last
term
Action was taken by the legislature
looking to the removal of the court
house and when the records thereafter
weIeIemoved to Mendenhall and it was
claimed that the &C unity site had been
located at Mendenhall in pursuance
of the act of the legislature, and there
had been no judicial decision contrary
thereto, he held the circuit courts at
Mendenhall But afterwards when
the law and the facts were investiga-
ted before a court of competent juris-
diction to try the case, and that court
decided, after a thorough investiga
tion of the case, that the removal was
illegal, and 1t being the only judicial
decision, or ascertalnment of the fact,
1t was not unreasonable that. Judge
Enochs should not act contrary to
that decision before it is reversed by
the supreme court
When section 259 of the constitu-
tion prohibits the removal of the
county seat, unless such removal is
authorized by two-thirds of the elect
ors of the county voting therefor, or a
majority when it is going towards
the center of county that prohibit
tion of the constitution is placed upon
the body authorized to remove county
seats AS county seats are located
by law, they can only be removed by
law, and az laws can only be enacted
by the legislature. they can only be
removed by the legislature So the
prohibition contained in Section 259
of the constitution, is upon the legis-
lature. The legislature can en-
ploy agencies TO take the vote and
ascertain whether two thirds of the
electors of the county have author
lied the removal, and it can enact
law for the removal of such two
thirds vote therefor; but the legisla-
ture cannot delegate it's law -makipg
power to any other body, either the
board of supervisors, the chancery
court or the circuit court, to order the
removal
Therefore when Chancellor Mayes
found verdict that two-thirds of the
electors of the county of Simpson did
not vote for the removal, and that
the removal was not towards the GEN.
ter of the county, and that therefore
the removal was not legal, Judge
Enochs was not censurable for decline
ing to put the county to the expense of
circuit court. which is much more
expensive than any other court. to
hold court at place declared by
Judge Mayes. who had jurisdiction
TO try the case, to be not the county
site His conclusion to wait until
after the question is defin tely settled
by the supreme court, thereby saving
tn county the risk of the useless ex-
p+nditnre of large sums of money,
ought not to be censured.