The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1912-10-18
Candidate For Chancellor.

01l - uOW, do UCAOlCs unanimously HA
favor Of my reappointment to another
term at the expiration Of my present
one in 1914, have come to the delibe-
rate conclusion after most careful, ma
ture and earnest consideration that the
governor has no right whatever to ap-
point my successor, and that should he
appoint me, will have no title to the
office. According to my deliberate
Judgment. the Office is no longer an ap-
pointive one but is now an elective Of
fice. The voters of the district, and
not the governor, should now name the
circuit judges and chancellors. My
opinion is that this should be done at
the approaching November election.
MAY briefly give you the reasons
for this conclusion?
Tt is not necessary to go into his
tory of the contest for an elective judi
ciary in this state But suffice 1t to say,
that an amendment to the constitution
was submitted to the people by the leg
islature. making the Offices of the cir
cuit judges and chancelIors elective in
stead of appointive. This amendment
vas duly carried ct popular election.
and by the last legislature the amend
n1ent was inserted in the constitution.
It's, therefore, the organic and funda-
mental law IF the land
ELECTIVE ACT LAW.
The legislature thereafter provided
for an election to be held on Nov. 5,
1912 for circuit judges and chancellors
Of the various districts.
BY well-recognized principles of
constitutional law this legislative acton
putting into effect the provisions of the
constitutional amendment and provid-
ing for the election under the constitu
tion did not require the approval of the
sxeyu.lve anu WAS not, lnereiore, suD-
jecf to the veto Of the governor. When
~ k2aesed the two braseehes of tbs legis-
latnre il became the law of the state.
subject alone to review by the courts
for any constitutional objection. The
governor had nothing in the world to do
with It. His unauthorized and unwar-
ranted and unconstitutional interfer-
ence with the legislative act by his So
called veto in no way affected the va
iidity of the act. Amendment to the
constitution did not require his sane
ton and was not affected by his unwar-
ranted veto. It is at present the law
Of the land.
Il do not cite authorities to support
this view. The proposition seems to
me elementary and fundamental, but if
authorities are desired, cannot do bet
ter than refer to the collation. of them
in the able address of President Fox,
found in the proceedings of the last
State Bar Association.
1T may be that one clause of the act
is unconstitutional, the clause declar-
ing the terms OF appointive circuit
judges and chancellors vacant on Jan.
l, 1918. and giving tie elective judges
and chanceliorS the Offices at that time.
But if that clause is unconstitutional,
that would be no reason for declaring
the whole act Unconstitutional by the
courts even, 70, there IS no good reason
why If this act is unconstitutional the
act might not be upheld and the
elected judges and chanceLors take the
Offices at the expiration of the regular
terms of the apsointlye judges and
chancellors. That. however, is ques-
ton for the courts. The law not hav-
ing been declared by the courts uncon-
stltutional is in full force and effect,
and the judges and chancellors should
be elected at the regular November
election. SD
1T IS not question as to whether
yeu favor an elective or an appointise
judiciary. hut whether you will allow
the INV arranted interference Of the
executive to supplant the Fundamental
Law u the hand. What will you do
about it?
.Whomsoever you desire as your
chancellor Tor the ensuing term procure
at unce petitions ior Li.At purpose aiiu
have his name put on the tickets in the
various counties OF the district. There
should be petltlon of fifty qualified
electors in each county and should be
fled not later than the 18th inst. with
the election commissioners =
If you want to buy good farm, see
me before you buy. Chas. E. AzWell.
FOR RENT: Two nice front rooms.
Is.,~..,st. ~ -. nm nf,,rniahnd Young