Greene County herald. (Leakesville, Miss.) 1898-current, 1914-01-09

tee were in session ana not figured to the
time the appropriation bill would make
the money available.
Supreme Court.
again desire 70 call your attention to
| the relief necessary for the supreme
| Court. IL we are to have that high stand
ara OF efficiency in this tribunal that
passes upon the lives and liberties OF the
citizens 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 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 to increase the
number OF offices is to be depiored, and
! this should never be done unless there is
quires, the Legislative department should
not hesitate to provide for the best serv-
ice even though it involves the paying OF
more salaries and thus increasing the bur-
dens of government. No servant of the
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
| in the establishment by Legislative action,
| Of an intermediate Court of Appeals and
| advise me that there are no difficulties in
/ the way. BY the creation Of such a court
/ much 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 have
4 time and opportunity to pass upon the
carefully prepared opinions IN cases Of
/ the greatest importance While all bust
ness will have prompt attention. / recon-
mend this course.
| AS further measure Of relief TO the SUI
| preme Court, and one that will prevent
a needless congestion of the business of
| that court, as well as the Court OF APP
peals, 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 penalty OF Five per cent is
added to the amount of the judgment. 1t
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
| greatly diminish appeals in cases where
| they are taken for delay or to harass and
| annoy a needy plaintiff with the hope Of
enforcing concessions.
Public Highways.
| Much has been done in our state In the
| the betterment OF public highways and
/ the statutes passed by this Honorable
body at it's 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
| eflting every man, woman and child
| Good roads encourage community interest
/ and bring about community OF purpose
and effort in all the business, social and
educational activities of every rural neigh
| borhood. While it is true that we have
| just. entered upon this work yet the peo-
pie have been quick to appreciate the
| improvements in country life directly at
stributable to the improved means Of
1 transportation. 1t should be extended in
| every direction and a system of high
ways established that viii be an endur-
| ing monument to the progressiveness OF
/ this age and the active, dominant and
| civic spirit of our citizenship. 1t would
prolong this message unnecessarily to go
| into details of legislation, but / cannot re-
/ sist the temptation 70 say that II the
| state is authorized to build a permanent
| highway from each of the penitentiary
| farms to the State Capitol, the counties
| through which it runs furnishing the
| 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 it will at least
give the state an opportunity 10 see the
| great benefits that will flow therefrom,
! and / am certain then that the people
| will demand, and their representatives
/ will be glad to look after the building of
state highways that may touch and BEN
| eft all the people. Let's postpone poll
ties and ignore politicians for aryfrort
! time and undertake In reality TO do some
| thing for the advancement of our state
and for the happiness of our people. and
| / know of no way that we could do some-
! thing that will be a more lasting monu-
ment than by building good. permanent
/ roads in the state.
Elective judiciary.
| In 1911 there was an amendment to
the Constitution submitted to the voters
of the state seeking to amend the Con-
/ stitution so as to have the Circuit
/ Judges and Chancellors elected by the
people rather than appointed by the Gov
ernor. In my judgment this amendment
L CT fnd in 10 Vlnn with
| Section 27S of the Constitution. which
| provides how the constitution shall be
amended as follows:
/ IF more than one amendment shall be
| submitted at one time they shall be sub
mitted in such manner and form that the
| people may vote for or against each
amendment separately
| And II viii be remembered that the
| Supreme Court of our state in the case
| of the State VS.. Robert Powell, reported
| in "a Miss, p. 543, said:
| Whether an amendment is one or
| many clearly must depend upon the ma
/ ture of the subject-matter covered by
the amendment. If the propositions are
| separate, one in no manner dependent
upon the other so that voter may in
| telllgently vote for one and against the
other, one being able to stand alone dis
| connected wholly from ~the other, then
such amendments are many and not one,
are separable and not united, are COM
| plete. each in itself and not each part
| of an independent scheme, and such man
| ifestly are the amendments in this case
a voter might have chosen to vote for
! the election of circuit judges and not for
| the election of Chancellors.
| And agan on page $40 the Supreme
| Court said:
I'VE therefore hold, and SO declare.
that there are at least four amendments
| submitted to the people in this PROPOSE
| ton and that for that reason the amend
ments We're not submitted in accordance
with section 273 of the constitution, and
notwithstanding the action of the legisla
ture in inserting them in the constitution
are null and void and form no part of.
| said constitution"
Two of the amendments referred to as
| being separate and distinct amendments
| in this opinion are the election of Cir
| cult Judges and the election of Chancel-
! lorS.
| In the session of 1912 the statute plac-
| ing this amendment in operation dragged
| along and was not passed until the mid
/ die of the session and by special mes
sage to the legislature / called this to
| your attention. This message will be
! found on page AS of the Senate Journal
| 1912. / did this out of great desire to
avoid having the state thrown. into con-
! fusion on account of this amendment. In