The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1912-10-02
WILL ASK SUPREME court
MAKE PREFERENCE CASE
Litigation Will Put to Test Every
Phase of Legislative Act Authoriz-
ing Municipalities to Adopt Com
mission Form of Government. )
Special to The NelUS.


Jackson, Oct. 2.-Mandamus pro
ceedings will be necessary to oust
the present aldermanic body in Jack
son and establish the commission
form of government adopted by a
three to one majority of the qualified
voters at a special election held last
Tuesday.
Four members of the body, Messrs.
Searcy, Bourne, Beven and Maxey,
have flatly refused to declare the re-
suit of the special election, or order
an election on the second Tuesday in
December to select commissioners, as
required by chapter 100, laws of 1912.
An effort to pass resolution of
fered by Alderman Searcy declaring
the commission government act un
constitutional resulted in failure. II
was carried by a vote of to 8, Mes
srs. Buck, Huddleston, and Clifton
voting nay, and promptly vetoed by
Mayor Crowder.
Mr.. Searcy attempted to make the
4oint that the mayor had no power
tn veto a resolution; that the veto
pdWer applies only to ordinances.
Mayor Crowder stood pat, appealed to
the city attorney, where legal ruling
was made, and Mayor Crowder was
sustained. The opponents of com
mission government had lost their
point because of the absence of Al
derman ]. Hunter Taylor, who was
confined to his home by illness. A
measure can be carried out over the
mayors veto only by two-thirds ma
jority.
No bitterness was manifested dur
ing the proceedings In the council
chamber. The leaders of the COM
mission government, having learned
that four aldermen had made up their
minds to thwart the will Of the people
as expressed at the polls, quietly with
drew from the chamber realizing
Nhat they would have to fight the
.faatter through the courts, and that
.ppeals to the opposing faction would
be useless
Conferences with attorneys are be-
ing held by the commission leaders
today, and the mandamus writ TO
compel the city council to order the
election on the second Tuesday in
December will be applied for within
the next twenty-four hours The pro
ceedings will be filed in the Kinds
county chancery court. Chancellor
Lvell has promised an immediate
hearing. and an effort will be made
to have the Supreme Court appeal
regardless of the Chancellor's deci'
sion. made a preference case on the
tribunal of last resort.
The litigation will put to test
every phase of the legislative act oil
1912 authorizing municipalities to es'
tablish the commission form of gov,
arnment, under the provisions oi
which several of the leading cities oi
the state are now operating.
Although the four aldermen who have
}Ibus expressed doubt as to the con
Kttutionality of the measure say tna'
Nheir only purpose it to have the sta
tnte tested in the Supreme Court con
siderable feeling has been stirred III
IN the community over what the com
mission government leaders declare
is bold and unwarranted attemp
70 thwart the will of the people an'
criminal phase of the controversy
is threatened
The Kinds county grand jury meets
,r November, an6 several of the com
mission advocates have declared thei
nurpose to go before that body an'