The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-11-21
SOME THING WRONG
WITH AMENDMENTS
Law for Election of Judges Not
Properly Submitted
MISSISSIPPI TO ACT
Miss Susie Powell Has Been inspect
Ing the Schools IN Several Coun-
ties and Reports Great Prog
ress In Many

jackson, Miss. November 20.-(Special.)
1t is charged by leading members of the
bar of this state that the constitutional
amendment changing the selection Of cir
cult judges and chancellors from APP
pointive to elective has failed because
it was unconstitutionally submitted.
Section 27s of the constitution provides
that when more than one amendment
is submitted they must be submitted sep
arately in order that the elector may
vote for one and against the other. The
submission of the election of circuit
judges and chancellors was not separat-
ed, thus compelling an elector. though
he might favor the election of one and
the appointment of the other, to vote for
both or neither, thus multiplying the man
date of the constitution providing for
submission of amendments.
This matter has already been adjudi-
Gated by the supreme court. The deci-
sion was by Chief Justice whitfeld-the
court being then composed of Whit
field. Calhoon and Terrall The case
before the court at that time was Pow
ell vs.. the state, the matter under con-
sideration being the Noel amendments to
the constitution for an elective judiciary.
Senator Noel's amendments provided,
among other things. for the election of
all judges-supreme court, circuit court
and chancellors Among other things In
holding the amendment demonstrations
ally submitted because they were not
submitted separately, as provided by the
organic law, the court pointed out that
the submission was obnoxious TO the
constitution because, among other things,
it SO failed to separate the amendments
that an elector could not vote for cir
cult Judge or chancellor or vice versa
This case of Powell VS.. the state, In
which the Noel amendments were ar
gued before the supreme court, took place
in 1900 1t was brought at the instance
of Governor Longino, who had doubts
of the constitutional submission of the
amendments, Hon. Monroe McClurg, then
attorney general, was assisted in this
case by ex-Chief Justice ]. A. p. Camp
bell, Hon. r. F. Noel, the author of
thu amendments appeared in their support
and was assisted by United States Sem
ator McLaurin, now deceased.
Lawyers here point. out that as the
matter has already been adjudicated by
the highest tribunal of the land, that
the next legislature must refuse to in
corporate the amendment in the consti-
tuition.
In view of the fact that less than 25,o00
voted on the proposition, when there are
10000 voters In the state shows that
very little interest was felt in the mat
Ter OF the seiectlon Oh JUICES VI chah-
cellors one way or the other.
MISS Susie V. PoWen OF the depart
ment or education, ana IN charge OF
school improvement work, has just re-
turned from a visit to the schools of
Newton and Scott counties, reporting that
she found patrons teaehers ana chlldren
all very much interested IN tne work,
and promising TO DO great Things Tor
Powell found good audiences or patrons,
teachers ana puplis-,he patrons num-
bering from 100 TO 900, ana the teachers
from to 10. which was considered
me attenuance,
heretofore ana IA laet, un'ii now, the
schooi houses oi Misslssippi haNe halu-
~ peen worthy the hhiile. iney are
cheap, pain ana uiiaettactiVe ahaiis'
puii' ol.eh OF ioss WIN CRACKS 'iiousi
Wfheh the si,ialer ch,iaieh couiu eseapo
IN case OF threats OF the hlckory' me
premises ana the SURROUNDINGS are Jus.
as uhattractNe as any landscape couio
De, anu thefe was no pressure III gums
10 schooi, but .here mas peen ieasoh-
the patrons were not hnahcialy aoie "
40 muen pet,eIIespeeialiy III the sparse
~ set'ieo uisuicts. II ID no" oeins
demonstrated 10 the trustees ana patrons
that IL costs next TO nothing TO improve
the surroundings OF their school houses.
MISS Fo"eli mas gone among them Or
terlng prizes 1or inc greatest improve
ment haue curing 'he year ana tiou-
SANDS OF snaoe trees, evergreens, mowers,
ETC. nave peeh started 10 erowins' ana
there are many rural schools IN MIS-
sissippl that afe ,hiiss VI peauty anu
been accomplished at little or no expense.
Better hpuses Will come IN due time-in
ract' they nave come TO many olstricts.
M. w. curry one OF the most progres-
slNe FARMERS OF TINS sectlon OF Missis-
sippl, mas nxed Mr.. boil WeeVil Tor
next year by planting % acres In wheat
ana lVo or more IN oats. lie mas pur-
chased one OF the iatesl improved mar
Nesters ana plnoers ana threshlng ma
chimes, costing some szooo, and Is encour-
aging all his neighbors to plant more
grain than ever BEFORE winch they nave
done, or are preparing to do, and the
prospect Is that Kinds county Will be one
of the largest producers or wheat and
oats in the state next spring.
Mr.. Curry Is FORMER citizen or Hi
nois, one VINO was raised on grain
farm He came to jackson 10 years ago
and paid a good price Tor an old and
ditched, drained and improved until 1t
Is counted one OF the best apd most
productive farms in this section of the
country, known FAR and wide as the
home OF hospitality and good cheer
where the lateh-string always hangs on
the outside and where those farmers who
are native and to the manner born may