The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-01-24
GREAT INTEREST SHOWN
IN SANDY BAYOU DECISION

jackson, Miss, January 2s.-(Special)-
The famous Sandy Bayou case came up
in the supreme court yesterday after
noon. and was decided against the gov
ernor.
The court room was crowded with more
people than were ever before in a su-
preme court room of the state of Missis-
sippi. The members of the legislature as
we'll as members of the bar from all over
the state and the city of Jackson were
here, anxious to hear the decision of the
court of last resort.
1t was pretty generally understood that
the court was to be divided in it's determl-
nation of the case, but there were few
that knew the court was going to deliver
opinions to suit all the members Of the
bench. There are three members of the
supreme court of the state of Mississippi,
and each and every member of them had
a decision of his own
Judge Calhoun read the first opinion,
which was to the effect that the gov
ernor had no legal authority for enjoin-
ing the board of control
Judge Truly read one of the most ex-
haustive opinions that was ever delivered
before the supreme court of the state, and
in which he agreed with Judge Calhoun
in some particulars, but differed as to
the rights of the governor in the premises.
He was of the opinion that the board of
control had all authority for entering into
the contract that it did. and that the
Sandy Bayou plantation was properly and
legally leased.
Chief Justice Whitfield took the oppo-
site view of the matter. He was of the
opinion that Chancellor Mayes was cor
rect In his diagnosis of the case in the
lower court, that the governor had a
perfect right to bring the suit of in
junction against the board of control, re-
straining it from making a contract with
the owner of the Sandy Bayou farm, and
that the board of control had a perfect
right to enter into the contract
The opinions of the court as handed
down by Justices Truly and Whitfield are
| believed to be two of the most ex-
| haustlve and two of the ablest that were
| ever delivered from the supreme court
| bench of the state. Able lawyers who dc
| not agree with their opinions are of the
| conviction that they have devoted a great
deal of time and study to the subject,
and their opinions are entitled to take
rank with those of the best and the fore
| most jursts the state has ever known.
| Justice Truly went into detail on every
| point that was raised by the attorneys
| for the governor. and very successfully
| defeated and refuted every argument that
| they advanced. His paper was long, but
| interesting from beginning to end, cover
| ing every possible phase of the case. His
| political enemies congratulated him on
| the completeness of his argument and
declared it the finest paper of the kind
they ever heard. stamping Justice lruly
as one of the ablest attorneys and jurists
that ever adorned the bench of the state
of Mississippi, and whose retirement at
this time would prove disaster to the
state
Judge Whitfield took the opposite view,
as has been stated, but he did not con-
clude his argument. The bench and the
bar of the state will be glad to hear
from him in full on the subject. as he is
always full and explicit, no matter what
the question involved
1t may be that there have been in
stances in which the three judges of the
supreme court of the state all disagreed,
and all handed down an opinion of their
own, but the present generation does not
remember anything of that character. 1t
often occurs that two of the supreme
court justices hold to one opinion, while
another dissents, but it is not known that