The Brandon news. (Brandon, Miss.) 1892-1961, 1908-02-27
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.

Complying with a request from
Governor Noel, the supreme court
rendered an informal opinion de-
claring that the Quin elective judi
ciary, bill, passed by the lower house
a few days since, is unconstitutional,
and violative of section 145 of the
organic law. The opinion is a victory
for Governor Noel in his fight to Sc
cure constitutional amendment pro-
viding for an elective judiciary sys-
tenn, but the friends Of the Quin bill
declare that they are going to urge
passage through the senate; that they
realize It's unconstitutionality, strict
ly interpreted by the organic law, but
at the same time it does not coerce
the governor to appoint judges NOM
mated at party primaries, and the
voters can exercise the right therein
conferred, regardless Of the consti-
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
Times-Democrat has the following:
"The bill provides for a 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,
and the Quin bill was probably draft
ed as the easiest method of securing
what would be in practice an cleo
tive Judiciary and avoiding the diff
culties which beset the path Of con-
stitutional amendment in Mississippi.
Governor Noel disapproves Of the
makeshift and stands squarely for di-
rect election of the judges and chan
cellors by popular vote. In his mes
sage he emphasizes the weakness Of
the Quin 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
handful of Democratic legislators, by
dlsregarding the primary instruction
given them by the voters of their
party have prevented the election Of
a United States Senator, practically
multiplying 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 a favorable report on any
bill seeking to create new counties or
to change county seats, nor IS it like
ly that they will do SO on any pros
peetlve measure prior to adjournment
Carries $4,000.
The Senate passed the Alcorn Col
lege appropriation bill, carrying $780,
900.
Normal Bill.
Ehe bill providing for the creation
of State normal college and making
100000 appropriation passed the
Senate.
The surprise Of the legislative SEES
sion occurred when the amendment
seeking to establish constitutional
prohibition was defeated in the lower
house, lacking two votes Of the re-
quired majority of two-thirds. The
most singular feature of the defeat
was the 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 energetical-
ly for the passage Of that measure,
voted against constitutional prohibi-
ton. G. L. Jones, of Union, author
of the amendment, led the fight in be-
half Of the measure, while Mr.. John
son of Coahoma, was in command of
the forces arrayed against it. Motion
TO reconsider was entered, but the OPP
ponents declare that they can main
tain their strength, and defeat any
plan to put prohibition in the or
Temporary Receivers.