The new South-news., 1908-02-29
oUIN BILL Is
UNCONSTITUTIONAL
SUPREME COURT RENDERS IN
FORMAL DECISION.
NOT IN The ORGANIC LAW
Constitution Prohibition Bill is De
feated. Property Limit Of Confed-
crate Prisoners Raised. Vicksburg
Park Commission Created.

crate Prisoners Raised. vicksburg
Park Commission Created.
Complying with a request from
nFnor Noel. the supreme court
ed an informal opinion de-
that the Quin elective Judi
Il, passed by the lower house
ays since. is unconstitutional.
taflye of section l45 of the
mic law. The opinion is victory
Governor Noel in his fight to Sc
constitutional amendment pro-
Hs for an elective judiciary sy-s-
TEN. but the friends of the Quin bill
declare that they are going to urge
passage through the senate: that they
realize its unconsiitutionality. strict
ly interpreted by the organic law, but
at the same time it does not eoeree
the governor to appoint judges NOM
mated at party primaries. and the
voters can exercise the right therein
conferred, regardless of the eonsti-
tuition. The supporters of the bill also
contend that they can pass the bill in
both houses in spite of the governors
veto.
In commenting on the bill the
Iimes-Democrat has the following:
The bill provides for popular
vote upon the candidates for the ju-
dietary. which shall operate merely
as an Endorsement, the appointing
power remaining, as now in the hands
Of the governor. 1t is presumed, of
course, that no executive would dis
regard the instruction thus given.
ana the Quin bill was probably drafa-
ed as the easiest method of securing
what would be in practice an elee-
tive Judiciary and avoiding the diff
culties which beset the path of a con-
stltutional amendment in Mississippi.
Governor Noel disapproves of the
maheshift and stands squarely for d.
rect election of the judges and chan
eellors by popular vote. In his mes
sage he emphasizes the weakness Of
the Quln plan, under which the gov
ernor is to be instructed by the vot-
ers as to the appointments. by citing
the experience of Kentucky, where q
handful of Democratic legislators, by
dlsregarding the primary instruction
gwen them by the voters of their
party have prevented the election of
United States Senator, practically
nullifying the primary. The people
Of Mississippi, he declares. "wish the
substance and not the shadow. The
full power and right of the selection
of judges should be submitted to
them for adoption; no mixture should
be provided.
No New County.
The expected happened when the
house committee on local and private
legislation made an unfavorable re-
port on the Fielder bill seeking to re-
move the county seat from Magnolia
TO Holmesville. Prior to the filing of
this report, Mr.. Afford withdrew his
bill seeking to create the new county
OF Tyler from portions of Pike and
Marion, with the county seat at Ty-
lertown. Thus far neither of the To-
cal and private legislation committees
has made favorable report on any
bill seeking to create new counties or
to change county seats, nor rs it like
ly that they will do so on any pros
pestive measure prior to adjournment
Carries $4,000.
The Senate passed the Alcorn Col
lege appropriation bill, carrying $780,
600.
Normal Bill.
9hc bill providing for the creation
OF State normal college and making
100000 appropriation passed the'
Senate.
Ihe surprise Of the legislative ses-
sion oeurred when the amendment
seeking to establish constitutional
prohibition was defeated in the lower
ho1S0m lacking two vues Of the re-
lajonty Of two-thirds. The
ID fdgrlar feature Of the defeat
va BE fact that all Of the members
from open saloon counties voted in
favor Of the measure, while many
members who had voted for statutory
prohibition, and worked enersetical-
~ for the passage Of that measure,
voted against constitutional prohib-
uon. q. L. Jones, Of Union, author