The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1914-06-26
JONES COUNTY SPECIAL CHAN.
cELLoR RULES LAW 10
UNCONSTITUTIONAL.
NOTHING TO IT." SAYS
ATTORNEY GENERAL COLLINS
Appeal Taken To Supreme Court And
II That Tribunal sustains Injunc-
ton, Judges Appointed by Drswsr
viii Continue to Serve Without
Election.

Shall the voters of Mississippi elect
the judges to preside in their courts
at an election to be held this Novem-
ber. as prescribed by an enactment Of
the 1914 Legislature, or shall the ap-
pointees of Governor Brewer continue
to hold office until another legislature
has met and a new law enacted?
That is the question the supreme
court of Mississippi will have to an
swer and it is a question that makes
a muddle of the political situation all
over the state in respect to the ju-
dietary.
Opinions held by prominent law
yers in various sections of the state
that the enactment of the 1914 legis-
lature providing for the direct cleo
tion of judges is unconstitutional
crystalized into action at Laurel when
l.. J. Lawrence, a citizen of that town.
filed a petition in Judge Buckley's
court for an Injunction restraining the
election commissioners from holding
the election. The temporary injunc-
tion was granted by Judge Buckley
! and was made permanent by Special
. Chancellor Devan Sharbrough, ap-
pointed by Governor Brewer to sit in
the case when Chancellor Whitman
] recused himself. An appeal was taken
at once to the states highest court, ,
Claim Year Is Wrong.
The plea for the injunction does not
attempt an argument as to the legality
of the statute in question further than
:, to declare that said election is with
out authority of law and in violation
u of the Constitution of the state of
. Mississippi controlling and governing
the holding of elections for elective
II offices made elective under the Con-
stitution of the state of Mississippi;
that the election so threatened to be
!, held for the purpose of electing judges
and chancellors Is In utter
disregard and in violation of section
252 of the Constitution of the state o
:, Mississippi"
a Section 252 of the Constitution o.
. the state of Mississippi. reads as fol
lows: THE term of office Of all elec
. tive officer under this constitution
:, shall be four years, except as other
wise provided herein. A genera
~ election for all elective officers shall
. be held on the Tuesday next after tn,
:. first Monday of November, A. D., 1896
- and every four years thereafter. Pre-
=, vided, that the legislature may chang
:. the day and date of the general cleo
tions to any day and date in October
November or December"
1t will be seen that this section @
the constitution authorizes the legi.
m lature to change the day and date I
- any day and date in the three month
mentioned, but it does not authoriz
-, the legislature to change the year /
:, which the election is to be helt
80 Multiples of four years following tn
year 1895 throws the next geners
election in the year 1915; the me-
enactment Of the Legislature provide
that the judicial election be held
rs 1914. 1t is assumed, therefore, ths
the constitutionality of the law wi
Ap. be attacked on the ground that II
legislature did not have authority
change the year.
'Nothins To IL" Says Collins.
Ugh If the injunction issued by Speci
the Chancellor Sharbrough is sustained
icy, the Supreme Court it will mean tn
re- Judge ], M. Arnold will continue
: 1t hold Office at least until the legisl
for ture meets again inf1916 and enac
new law.
Judge Paul B. johnson, who Is
) I'll candidate for the Office, got in tel
. phone communication early to9|
) ~fwith Attorney General Ross Colllne.
>t There h absolutely nothing y z
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