The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1914-01-16

time the appropriation bill would make
the money available.
Supreme Court.
again desire - call your attention to
the relief necessary for the Supreme
Court. If we are to have that high stand
ard of efficiency in this tribunal that
passes upon the lives and liberties o. che
citizens, as well as the highest property
rights. it Is necessary to relieve this tri-
bunal of some OF its labors. The solution
Of this question OF how pest to omp
the result Is OF vital Importance to the
I0und AT once. to this end.
The growing tendency to increase the
number Of offices is to be deplored, and
this should never be done unless there is
some real and compelling reason for so
dong. but, when the public service re-
auires. the legislative department should
not hesitate to provide for the best serv-
Ice even though it involves the aging OF
more salaries and thus increasing the bur
people need have any apprehension about
the endorsement of his constituents so
long as he exercises his best judgment
uninfluenced by the fear that they may
not always see things just as he does.
Lawyers capable of Judging have investi-
gated the constitutional questions involved
: il 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
Iauch of the work done by the Supreme
Eourt could be transferred to the inter
} ined1ate tribunal and the constitutional
Court of asst Resort would then nave
lime. and opportunity to pass upon the
: carefully prepared opinions in cases OF
The greatest Importance while all bust
: ness VIII have prompt attention. l recon-
E mend this course.
. As a further measure OF relief to the Su-
! creme Court, and one that will prevent
! u needless congestion of the business OF
E that court. as well as the Court of APP
2eals. If established, it is suggested that
. prosecution of all frivolous and gambling
x Under the law as it now stands where the
. defendant appeals to the Supreme Court
K and that court affirms the action Of the
lower court a penalty of Five per cent is
added to the amount of the judgment. 1t
r would be wise. and in the interest of JUS
: tice, to amend the statute so 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
e greatly diminish appeals in cases where
n they are taken for delay or to harass and
q ; annoy a needy plaintiff with the hope OF
enforcing concessions.
y Public Highways.
Much has been done in our state in the
last two years in a local way. looking tt
the betterment OF public highways am
If the statutes passed by this Honorable
body at its session in 1912 have lone mucl
If to encourage this work. Yet, as l said i ii
my Inaugural Address two years ago, tina.
As primitive and backward indeed is the com.
Sc munity untouched by the march Of prog
+ ress along the line of better highway Us
This is one public work reaching and ben
tie eiitlng every man. woman and child
nd and bring about a community of purpos
~ and effort in all the business. social an,
II educational activities of every rural neigh
Mt borhood. While ii is true that we hav
T. Just entered upon this work. yet the PEG
ed PIE have been. quick to appreciate tn
improvements in country life directly at
ds tributable to the improved means o
transportation. 1t should be extended i
he every direction and a system Of high
s ways established that will be an endur
Nv ing monument to the progressiveness q
TINS age and the active. dominant an
on civic spirit of our citizenship. 1t woul
" l nEnlnn his. nDcGa 90 rnn.aAs-ap t1 tn ~
is into details of legislation, but l cannot re
OF slSt the temptation TO say that il tn
he state is authorized to build a permaner
IN, hishway from each OF the penitentiar
cd farms to the State Capitol the countie
az through which it runs furnishing I'll
NJ right-of- way and paying for the materia
- and the surplus c~onvicts when not ei
nm gagged in the crops. utilized for the built
tee ing Of these highways, it will at lea
great benefits that will flow therefor
Tor and I am certain then that the peop
VIII demand, and their r~epreaentatiV'
for stat highways that may touch and bel
~ cit all the people. Let's postpone pol
,th' tics and ignore politicians for a sho
800 time and undertake in reality to do som
thing for the Advancement of our sta
ont ana for the happiness of our people. ~
IN | know of no way that We could do som
rnd thing that VIII be a more lasting mon
, ment than by building good. German
w., roads in the state.
Elective Judiciary.
re- In 1911 there was an amendment
the Constitution submitted to the vote
of the state seeking to amend the Co
stitution so as to have the Circl
Der Judges and Chancellors elected by t
VA. people rather than appointed by the Go
cen ernor. In my judgment this amendme
ing was not submitted in accordance wi
unit Section 27S of the Constitution, viii
lit provides how the constitution shall
md amended. as follows:
Mr.. IF mare than one amendment shall
ted submitted at one time they shall be ST
n mittpd in Gnph manner a nd form that
amendment separately"
.ul- Anu II wln be remembered that
hat Supreme Court of our state in the Ct
,ol- of the State VS.. Robert Powell, report
i'd in "a Miss, p. 5is. said:
nd whether an amendment is one
the many clearly must depend upon the I
ct ture of the subject-matter covered
the amendment; II the propositions Z
Of upon the other, so that a voter may
-otc diligently vote for one and against
sion other, one being able to stand alone, d
her connected wholly from the other. II
one such amendments are many and not o
ney are separable and not united. are co
ii. plete, each in itself and not each a p
xe- Of an independent scheme, and such ma
all ifestly are the amendments in this ca
y voter might have chosen to vote
the election of circuit judges and not
as the election of Chancellurs.
TO And agan on page $40 the Supre
Court said:
for we therefore hold, and so decla
1t 'iit]N htfAt ~ ~ t'1 A''A 'i"' 1911
submitted to the people in this propc
ton and that for that reason the amer
nee ments We're not submitted in accordal
l Ia with section pa of the constitution, 9
rid- notwithstanding the action of the lesis
re- ture in inserting them in the constitut
asst, are nun ana void ana form no part
~ ! said constitution"
Two of the amendments referred to
OBJ being separate and distinct amendme
pre- in this opinion are the election of {
due cult Judges and the election of ChanC
lors.
sing In the session of 1872 the statute pl
mere ing this amendment in operation drag
:. +. along and was not passed until the n
rks- die of the session and by a special m
hich sage to the legislature ] called this
rest your attention. This message will
iary found on page AS of the Senate Jour
This 1912. l did this out of a great desire
,rice avoid having the state thrown into c
pen fusion on account OF this amendment.
land this message l also called your atten'
exc to the fact that the amendment did
Ltion attempt to amend section III of the c
over stitution and that this section PROV
YER for the appointment of all Circuit JUG
ten and Chancellors whose term expired {
close ing the recess of the Senate, and