The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1906-01-27
SANDY BAYOU
INJUNCTION
OOiniOnS of the Chief
Justices Decided
Against the
lGOyernOr

JACKSON, Miss, Jan. 23. - ne
decision Of the Supreme Court last
evening in the litigation beween the
Governor and the Prison Board OF
Control it is believed by the McLau-
rims and their friends puts final end
10 the celebrated controversy. Re
qardles- 9t what public opinion may
be concerning the relative merits OF
the three opinions read, it seems GER
tain that the Governor is estopped
from further interference with the
acts OF the Board Of Control by re-
sorts to the Courts, and the affairs
OF the peniteutiary cannot be gov
erncd by the injunction process.
In several respects, the disposal OF
he litigation is without a precedent
in the history Of Jurisprudence in
this State. The three opinions read
were of remarkable length, four
hours being consumed in their de-
livery. Chief Justice Whitfield did
not conclude his reading until seven
o'clock the court having convened
at three, and his audience was small
when the last page was reached, as
compared with the crowd that filled
the Court room when the first opin-
10, was rendered. The Court did
not attempt TO dispose OF any othed
cases during the entire sitting, the
entire afternoon being devoted to the
Sandy Bayou matter.
The three Judges reached varying
conclusions, this of course beng IN
evitable when the three opinions
were read. The main point, however
at least, the point that caused the
reversal of the decision of Chancel--
lor Mayes and the dismissal OF the
Injunction bill, was the right OF the
Governor TO institute legal proceed
ing in he name OF the State, thus
usurping the function of the Attor-
ney General
Calhoun's Opinion
Justice Calhoun confined his de-
cision exclusively to the point OF the
Governors authority to file the suit,
and his negative view on this point
was concurred in by Justice Truly.
The latter went further, however,
sustained the validity Of the lease Of
the Sandy Bayou place, declared that
IL was a leasing OF lands by the
State. and not leasing of convicts
to- State Senator H. J. McLaurin;
that the Board Of Control has full
power and authority to lease lands
or convict farming purposes that sec
ton 3.aoI of the Annotated Code is
constitutional; that the past four
administrations have recognized the
right of The Prison Board to lease
lands, ,ha, the last Leg stature re-
cognized this right in existence the
lower House passing H. B No. 353
which provided that hereafter leasing
OF lands ty the State, the bill failing
70 pass the Senate, and this in it5el
was am acknowledgment of the right
to lease
The only comfort for Governor
Vardaman in the Truly decision was
the declaration that the Chancery
Court might have jurisdiction in
case OF his character. should the al
legation be made that the action o
a governmental body was corrupt. |
would then be subject to review b
the Courts, but no allegation of thi
character was made in the injunc
tion bill Justice Calhoun did not as
sent in this point, having had no jur
isdiction over the Prison Board c
Control, as the body was created b
Legislative enactment, and answer
able to the Legislature for its a,
tions