Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1914-01-16

time the appropriation bin would make
the money available.
Supreme Court.
again desire 10 call your attention to
the relief necessary for the supreme
Court II we are to have that high stand
ard OF efficiency in this tribunal that
citizens. as well as the highest property
rights, II is necessary to relieve this tri-
bunal OF some OF It's labors. The solution
OF this question OF how pest to accomplish
the result Is OF vital Importance TO the
people and some way should be found, and
found at once. to accomplish this END.
The growing tendency 20 increase the
this should never be done unless there Is
some real and compelling reason for SO
doing. but when the public service re.
quires. the legislatlye department. should
Ice even though 1t involves the paying OF
more salaries and thus increasing the bur
dens Of government. No servant OF the
p tSe end aoru n o. his constituents so
long as he exercises his best Judgment
unlnfluenced by the fear that they may
not always see things Just as ne Goes.
gated the constitutional questions involved
ID the establishment by Legislative action,
CT an intermediate Court OF Appeals and
advise me that there are no difficulties In
the way. BY the creation OF such a court
tAuch OF the work done by the supreme
court could be transferred to the inter-
mediate tribunal and the, constitutional
Court OF asst Resort would then nave
time and opportunity TO pass upon the
carefully prepared opinions in cases OF
The greatest importance While all busi-
Jess will have prompt attention. recon-
mend this course.
As further measure OF relief TO the Su-
Dreme Court. and one that VIII prevent
" needless congestion OF the business OF
that court. as well as the Court 81 APP
2eals. II established, 1t Is suggested that
prosecution Of all frivolous and gambling
appeals. should be properly penalized.
| Under the law as 1t now stands where the
defendant appeals to the Supreme Court
and that court affirms the action OF the
lower court a penalty OF Five per cent Il
added to the amount OF the Judgment II
would be wise, and in the interest OF JUS
| tice, to amend the statute 50 as to IN
crease the penalty to twenty-five per cent
upon the certificate OF the Suprme Court
that the appeal is frivolous. This would
greatly diminish appeals in cases where
/; annoy q needy plaintiff with the hope OF
| enforcing concessions.
| Public Highways.
| Much has been done In our state In the
last two years in a local way. looking to
| the betterment OF public highways anu
the statutes passed by this Honorable
body at its session in 1912 have done much
| to encourage this work. Yet, as said In
my inaugural Address two years ago, that
primitive and backward indeed is the COM
munity untouched by the march OF prog
ress along the line Of better highways
This is one public work reaching and ben
efitng every man. woman and child
Good roads encourage community interest
and bring about a community OF purpose
and effort in all the business. social and
educational activities OF every rural neigh
borhood. While il Is true that we have
just entered upon this work. yet the peo-
pie have been quick to ,' appreciate tn'
tributable to the improved means OF
transportation. 1t should be extended II
every direction and system OF high
Ing monument to the progressiveness O
this age and the active, dominant ant
civic spirit OF our citizenship. IL woult
prolong this message unnecessarily to e
into details of legislation, but cannot re
sist the temptation TO say that II tn
state is authorized to build permanen
highway from each of the penitentiar,
farms to the State Capitol, the countie
through which it runs furnishing tn
right-of-way and paying for the material
and the surplus convicts when not en-
gagged in the crops, utilized for, the build
ing of these highways, 1t will at leaas
, give the state an opportunity to see TN
great benefits that will flow therefron
. and am certain then that the peopl
will demand, and their representative
will be glad to look after the building q
. state highways that may touch and ben
eft all the people. Let's postpone poll
tics and ignore politicians for a shor
: thing for the advancement Of our stat
j and for the happiness of our people. an
I know OF no way that we could do some
|, thing that will be q more lasting monu
roads in the state. 49,
Elective judiciary.
In 1911 there was an amendment
| the Constitution submitted to the voter
t OF the state seeking to amend the e, Con
/ Judges and Chancellors elected by tn
people rather than appointed by the GOV
i ernor. In my Judgment this amendmeI
| Section 2T3 of the Constitution. whic
: provides how the constitution shall b
amended, as follows:
III more than one amendment shall b
submitted at one time they shall be sub
: mitted in such manner and form that IN
I people may vote for or against eac
amendment separately.
Ana 1t wiA be remembered that IN
t Supreme Court OF our state In the cas-
: OF the State VS.. Robert Powell, reporte
In n Miss. p. 54S. said;
whether an amendment Is one
. many clearly must depend upon the ma
: ture OF the subject matter covered b
Y the amendment. If the propositions al
, separate, one in no manner dependeI
Z upon the other, So that voter may II
! telligently vote for one and against u
! other one being able to stand alone, dis
r connected wholly from the other, the
e such amendments are many and not on
. | plete each in itself and not each a pa
: | Of an independent scheme, and such maj
\ ifestly are the amendments in this cas-
: voter might have chosen to vote 4
= the election Of circuit judges and not Il
q the election of Chancellors'
o And agan on page $40 the Supren
: Court said: 80.
y that there are at least four amendmen
e submitted to the people In this propos
ton and that for that reason the lSmen'
q ments were not submitted in accordan
o with section 2TS OF the constitution. az
: Notwithstanding the action OF the leglsl
: ture in inserting them in the constituti'
t, are null and void and form no part
/ said constitution"
Two of the amendments referred to
j. being separate and distinct amendmen
: In this opinion are the election OF Ci
e cult Judges and the election OF Chance
lors
e In the session OF 1912 the statute pla
u ing this amendment In operation dragg
!. along and was not passed until the mi
J. die Of the session and by special me
n sage to the legislature l called this
n your attention. This message Will
v found on page AS of the Senate Journ
Is 1912 / did this out OF a great desire
.e avoid having the state thrown into co
l. fusion on account Of this amendment.
"a this message also called your attenti
= to the fact that the amendment did n
m attempt to amend section III OF the 60
N stitution and that this section PROVO
= for the appointment OF all circuit yuog
l. and Chancellors whose term expired dl
,e ling the recess OF the Senate. and y
l. will remember that l urged upon you
e that time to join me In an effort to ma
is an elective judiciary.
l. On the last day OF your session y
q passed an act and sent to me for sign
is ture and approval putting this amen
~ ment into operation. Entertaining I
n opinion as to the unconstitutionality