The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1906-01-24
THE SANDY BAYOU CASE REVERSED.

Court handed down its opinion.
or moro correctly speaking, its
opinions, 10 the famous Sandy
Bayou Injunction proceedings.
There are three Judges on the
Supreme bench and there were
three opinions one By each Judge
q rather extraordinary thing
and hence the Sandy Bayou case
has become more celebrated thar
ever.
The opinion which was deliver.
ed by Justice Calhoon and con
lcurred in by Justice Truly, and
which constituted the official iudg.
ment of the court, reversed the
decision Of Chancellor Mayes, dis
solved the Injunction proceedings
and dismissed the bill.
In the opening sentence of his
opinion, Justice Calhoon says:
"a question sleeps on the door
sill Of this case Of much graver
importance to the State and her
people than anything involved in
the controversy. That question
is whether a Governor may, off,
cially or in the name of the State,
originate this litigation, in our
domestic tribunals, unauthorized
by statute, without the serious
disturbance and threatened de-
struction Of the autonomy land CO.
equal independent rights, of the
three separate departments of
government under the constitu-
tion and laws of this Republic as
organized by the people in con-
yention and in their legislatures. !"
Thus prefacing, and arguing
that the Governor had no right
under the constitution or statute
laws to institute such proceed
ings, except through the attorney
general, the regularly appointed
law officer of the State, and it not
being shown in the record that
this was done, Justice Calhoon
reached his adverse decision. No
other ground is assigned for re-
yersal, and the question of wheth-
er the constitution had been vio-
lated by the Board of Control in
contracting to work the Sandy
Bayou plantation with State con-
victs was treated as Of minor i'm
portance and not discussed in the
opinion.
Following are several of the
strongest declarations found in
the decision:
It is undeniable that the At
torney General is the officer pro-
vided by the people as the legal
adviser Of the State, and it is
agreed on all hands that he has
the express statutory power to sue
in its name, just as district attor-#
neys have in the matters which
the legislature has committed to
them.
when men vote for Cover
nor, they have no thought that
they are voting for a law adviser.
In the eight-eighty years that we
have been State, this is the first
instance of suit by a Governor,
unless in the early days on bonds
and obligations made payable to
him.
MAY the Attorney General
dismiss the bill now before us?
1t is said he cannot because the
Governor is commander-in-chief
and is required to see that the
laws are faithfully executed In
other words, the Governor can do
in this State, what the President
cannot do in the courts sef the
United States. IF the Governor
can so act under his powers as
commander-in- chief, and under
the duty to see that the laws are
faithfully executed, why may he
not nuilify the DEGREES of the
courts because he thinks they do
not comport with the constitution?
No authority can be found in
any Of the reports of the States
sustaining the forced and unnatu-
raj construction urged for ap-
pellee.
The Attorney General is the
proper officer TO represent the
State in all her lawsuits, and the
statute in question was not intend
led to deprive him of the control
land management of his cases.
{ In view of the authorities, and
of the fact that we have a written
Iconstitutlon undertaking to define
powers, and in view Of the spirit
land genius of the government o1
these States of the American
/ Union, we utterly repudiate any
suggestion Of any power in th,
1 Governor or any other officer
lover and above the constitution.
Justice Truly concurred in th,
I0pinion delivered by Justice Cal
| hoon, making it the majority
lopinion Of the court, but deliver
!. ed a separate opinion, In whici
The went further and argued tha
the Board Of Control had thI