Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II, Part 90

Author: Rowland, Dunbar, 1864-1937, ed
Publication date: 1907
Publisher: Atlanta, Southern Historical Publishing Association
Number of Pages: 1032

USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II > Part 90

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registration and voting by its standard." Other sections of the constitution make ample provision for appeal to the protection of the courts in any case of unjust denial of the right of suffrage.

Under the constitution of 1890 State officers are not elected by the people en masse, but by counties, somewhat as the president of the United States is chosen. The majority in each county de- termines to whom the electoral vote of that county shall be given, each county having as many electoral votes as it has members of the house of representatives. The power of any county, there- fore, depends upon the apportionment of representatives that may have been made by the legislature, not on the actual population. The county election returns are transmitted to the speaker of the house, who opens them in the presence of the house, which body ascertains and counts the electoral votes and decides contests. A majority of all the electoral votes is necessary to elect, also a ma- jority of the popular vote. In case of a failure of such majorities, the house shall proceed to elect one of the two highest candidates.

The people do not elect the judges, who are appointed by the governor with the advice and consent of the senate, and the legis- lature has the power to elect its own officers, and also the State librarian, and United States senators. The legislature is not pro- hibited from choosing presidential electors, but it does not exercise that power.

Under the local option law a majority of the qualified electors in any county may prohibit the sale of intoxicating liquors in the county. The "resident freeholders and leaseholders," which does not exclude women and minors, may decide the question of fencing against live stock in any county. The Australian ballot system is now in use, for the prevention of bribery and intimidation. (See Const. Conv. of 1890, Legislature, and Primary Election law, under which elections are now made in white primaries.)

Says J. S. McNeilly (Const. Conv. 1890, M. H. S. Publ. VI, 138) of the present constitutional regulations: "Of two ills Mississippi chose the lesser. She has exchanged an organic malady for a functional disorder. The convention substituted a dessicated for a diseased electorate. The ensuing ills of the present State are within the check and correction of the white citizens. Honest politics are at least possible."

Sullivan, Will Van Amberg, was born December 18, 1857, near Winona, Miss. He attended the University of Mississippi, and graduated from Vanderbilt university in 1875. He began the practice of law in the fall of 1875 at Austin, Miss., and in 1877 removed to Oxford, his present home. He was a member of the Democratic national convention in 1892, and of the Democratic national executive committee in 1896. In the latter year he was elected to the Fifty-fifth congress, and served till May 31, 1898, when he was appointed United States senator to succeed General Walthall, deceased. In January, 1900, he was elected by the legis- lature to fill out the remainder of General Walthall's term, and served till March 4, 1901.

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Sulphur Springs, a post-hamlet in the eastern part of Madison county, 18 miles northeast of Canton. It has a church. Population in 1900, 26.

Summerland, a post-hamlet and station in the southeastern part of Smith county, on the Laurel branch of the Gulf & Ship Island R. R. Taylorsville is the nearest banking town. Population in 1900, 75.

Summit, an incorporated post-town of Pike county, is an im- portant station on the Illinois Central R. R., 108 miles from New Orleans, and 75 miles from Jackson. As its name implies, it is the highest point on the railroad between New Orleans and Jackson. There is an abundance of pine and hardwood timber near the town, and it lies in a fertile fruit and cotton growing district. It handles as much cotton as any town of its size in the State, and ships annually 30,000 bales. Among its manufacturing enterprises are a fine cotton ginnery, a cotton-seed oil mill, a saw and planing mill, and a cotton compress. The well known Godbold's mineral wells are located here. It has two banks, the Bank of Summit, and the Peoples Bank, with a combined capital of $85,000. There are two hotels, a free school, and seven churches, four white and three colored. The streets are well lighted by thirty electric arc lights, and a complete system of water works furnishes water for domestic use and fire protection, besides which, there has lately been estab- lished a volunteer fire department. It has in addition two tele- phone systems, giving it many of the advantages of a large city. Among its public buildings are a city hall, two fine opera houses, and excellent graded public schools for white and colored. The Sentinel, an influential Democratic weekly newspaper, founded in 1873, is published at Summit, N. P. Bonney being the owner and editor.

It has a city debt of $24,000; the assessed valuation of property is $800,000 ; the tax rate is 11 mills ; and the population in 1900 was 1,499 ; present estimated population 1,600.

Sumner, a post-village and station in the northwestern part of Tallahatchie county, on the Yazoo & Mississippi Valley R. R., 18 miles west of Charleston. It has a money order postoffice. Its population in 1900, was 200; the population in 1906, was estimated at 400. It is the county seat of the second judicial district and is a flourishing town. The Peoples Bank was established here in 1904, with T. J. James, Pres., and T. C. Buford, cashier.

Sumrall, a post-town in the northwestern part of Lamar county, on the Mississippi Central R. R., 18 miles from Hattiesburg. It has a money order postoffice, two banks, several good stores, a weekly paper, churches, a good school, and one of the largest saw milling plants in the State ; also a turpentine plant. The Sumrall Bank was established in 1905, with a capital of $25,000; and the Sumrall branch of the Lamar County Bank was established here in 1906. The Sumrall Argus, a Democratic weekly, edited and pub- lished by Duck Wall, was established in 1905. The population of Sumrall in 1900 was only 20, and in 1906 was estimated at 3,000, which will give some idea of the rapid growth of this thriving town.

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Sun, a postoffice in the southeastern part of Scott county, 12 miles from Forest, the county seat.

Sunday Laws. It was provided by act March 12, 1803, that "No worldly business or employment, ordinary or servile work (works of necessity or charity excepted) nor shooting, sporting, hunting, gaming, racing, fiddling, or other music for the sake of merriment, nor any kind of playing, sports, pastimes or diversions, shall be done, performed or practiced, by any person or persons within this Territory, on the Christian Sabbath, or first day of the week, commonly called Sunday." Fine, $2. The penalty of keeping store Sunday was $20, or to "be set publicly in the stocks, for any space of time not exceeding four hours." No waggoner, carter, drayman, drover, butcher, or any of his slaves or servants, should ply or travel, nor should any cattle, sheep or swine be driven. Public entertainments were prohibited, including "bear baiting or bull baiting." In the same law "profanely cursing or swearing" was punishable by a fine of fifty cents. This law continued in force during the Territorial period. The Poindexter code, 1823, prohibited laboring at a trade, or keeping open a place of business, or public plays or entertainments.

Sunflower, a post-hamlet and station of Sunflower county, on Howling Wolf Bayou, and on the Yazoo & Mississippi Valley R. R., 8 miles northeast of Indianola, the county seat. It has a money order postoffice, telegraph and telephone offices. Population in 1900, 50; estimated in 1906 to be 150. The Bank of Sunflower was organized here in 1905.

Sunflower County was formed February 15, 1844, from the county of Bolivar, and received its name from the river of the same name by the act creating and organizing the county. Its original limits were defined as follows: "Beginning at the corner of townships 24 and 25, of ranges 4 and 5 west, thence east between townships 24 and 25, to the line between ranges 2 and 3 west ; thence south between ranges 2 and 3 west to the line between townships 21 and 22; thence east between townships 21 and 22 to the Tallahatchie river ; thence down the Tallahatchie river, and down the Yazoo river to the point where the old Choctaw boundary line intersects it; thence with the said boundary line north, forty-six degrees west, to the point where the line between ranges 4 and 5 west, intersects that line; thence north with the line between ranges 4 and 5 west, to the place of beginning." A large portion of its eastern area was subsequently taken to assist in forming the county of Leflore, and its western and southern limits were extended at the expense of Washington and Bolivar counties, so that its present area is de- fined as follows: "Beginning at the northwest corner of T. 24, R. 4, west; thence east on the township line to the line between ranges 2 and 3 west; thence south to the township line between townships 16 and 17, R. 3, west; thence west along the township line to the range line between ranges 5 and 6 west ; thence north on the range line to the township line between townships 20 and 21; thence east on said township line to the range line between ranges

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4 and 5 west; thence north on said range line to the beginning." The present area of the county is 703 square miles. On March 15, 1871, when a large portion of Sunflower county was cut off to form the new county of Leflore, the county seat was removed from Mc- Nutt, now in Leflore county, to a new town to be called Johnson- ville, at the junction of Mound Bayou with the Sunflower river. Eleven years later in 1882, by vote of the people, the county seat was again moved-this time to a point about four miles west of the Sunflower river on Indian Bayou, first called Eureka, but since that time known as Indianola. With the advent of the Georgia Pacific R. R., a few years later, the town of Baird grew up one mile north of Johnsonville and the latter town soon ceased to exist. The county is a long, narrow strip of land in the northwestern part of the State and lies entirely within the fertile Yazoo Delta region. Governor B. G. Humphreys, was an early settler in this county, as were James J. Chenning, G. B. Wilds, Col. Eli Waits, J. Y. Mc- Neill, Col. Hezekiah McNabb, Ezekiel McNabb, Major Frank Hawkins and Capt. John Hawkins. The first State Senators to represent the county were Felix Lebauve and D. C. Sharpe of De Soto county. The earliest representatives were J. J. Chenning, G. B. Wilds and Ezekiel McNabb. The present county site, Indianola, had a population of 630 people in 1900, and is the largest town in the county. It is on the line of the Southern Ry., is growing very rapidly, and around it are some of the richest and largest planta- tions in the State. That of Mr. Crawford contains 15,000 acres. There are a number of other thriving towns in the county, the more important ones being Moorhead (pop. 437), Baird, above men- tioned (pop. 300), Woodburn (pop. 300), Ruleville (pop. 226), Drew (pop. 195), Inverness (pop. 100), Dockery, Rome and Parch- man. The county is amply supplied with railroad facilities, as the Southern Ry., crosses the southern part from west to east, and the Yazoo & Mississippi Valley R. R. traverses its entire length from north to south, and has three branch lines which extend in various directions. The Sunflower river flows through the whole county from north to south, and for several months each year is navigable for steamboats. The other streams are Mound Bayou, Jones Bayou, Indian Bayou, Porter's Bayou and Quiver river. About one-third of the farm acreage in 1900 was improved, or 73,696 acres (the im- proved acreage is estimated at 100,000 in 1906), the balance is well timbered with valuable red and white oak, red and sweet gum, hickory, cottonwood and cypress. The cottonwood is largely exhausted but the despised gum is rapidly taking its place as a good substitute. Sunflower county is a level expanse of fertile Delta bottom land and there is no richer soil in the world. It is capable of producing from one to two bales of cotton per acre and from thirty to sixty bushels of corn. Besides the great staple crops of the region, cotton and corn, it raises peas, potatoes, sugar-cane, sorghum and a great abundance of fruit and vegetables, suitable to the climate. Stock can be raised at a mimimum cost in money and energy in this county, and the pasturage is extensive both winter and summer. The industry has already attained large proportions

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and with the establishment of packing houses at adjacent shipping points, the business would assume much larger proportions. The county is fairly well provided with churches and schools and the climate is mild and moist. The malarial and intermittent fevers, common in former years, have been largely controlled by tapping the great artesian basin which underlies the region, for a pure supply of water. It has been found that this water can be reached by boring from 1,000 to 1,500 feet.

The following statistics, taken from the twelfth United States census, relate to farms, manufactures and population: Number of farms 2,705, acreage in farms 122,965, acres improved 73,696 (esti- mated in 1906 to be over 100,000 acres), value of the land exclusive of buildings $2,435,210, value of the buildings $477,530, value of live stock $550,913, value of products not fed $1,078,430. Number of manufacturing establishments 44, capital invested $617,659, wages paid $87,936, cost of materials $353,655, total value of products $617,202. The population of Sunflower county in 1900 consisted of whites 4,006, colored 12,078, total 16,084, increase over the year 1890, 6,700. The population was estimated in 1906 to be over 20,000. The total assessed valuation of real and personal property in Sun- flower county in 1905 was $3,565,963 and in 1906 it was $4,306,920, which shows an increase during the year of $740,957.

Sunnyside, a village of Leflore county, on the Southern Ry., and on the Yazoo river, about 15 miles northwest of Greenwood, the county seat. Schlater is the nearest banking town. It is an im- portant cotton shipping point. A money order postoffice is main- tained here. Population in 1900, 250.

Supreme Court, 1817-32. Under the constitution of 1817 the inhabited part of the State was divided into four judicial districts, for each of which the legislature elected a judge of the supreme court, whose duty it was also to hold superior court twice a year in each of his counties. Judges could be removed by the governor upon "the address of two-thirds of each house of the general as- sembly," and an age limit of sixty-five years was established, but there was no fixed term of office. Each court had the appointment of its own clerk.

The supreme court held its sessions at Natchez until an act of legislature in February, 1826, required its removal to Monticello. But in 1828 the December term was restored to Natchez.

The districts were, first, the northern part of the old Natchez district (Warren, Claiborne and Jefferson counties) ; second, Adams, Franklin and Lawrence; third, Wilkinson, Amite, Pike and Marion; fourth Hancock, Wayne, Greene and Jackson. By the Poindexter code, 1822, the new county of Monroe, all the upper Tombigbee country then settled, was added to the Fourth district, and the new county of Hinds, embracing all the Choctaw cession of 1820, was added to the First district. The name of "districts" was changed to "circuits," and the superior courts to circuit courts, a circuit court to be held as before, twice a year in each county, by the judge of the

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supreme court appointed to that circuit, who must reside in it after his appointment. So the circuits continued until 1828, when the Fifth circuit was created, including what was originally Hinds and Monroe counties.

In the change from Territorial to State government, the Terri- torial judges held over until the legislature could elect, which act was deferred for some time because the legislature adjourned after a few days' session in October, 1817, on account of the yellow fever. In the recess, Governor Holmes appointed John Taylor to succeed Judge Leake, elected to the United States senate; Lyman Harding to succeed Attorney-General Christopher Rankin, re- signed; and Powhatan Ellis judge to hold superior court east of Pearl, as provided in the constitution. After the legislature had come together again, at Natchez, the two houses balloted, Janu- ary 21, 1818, for judges of the supreme court. For the first district the vote was, William B. Shields 21, Joshua G. Clarke 11; Second district, John Taylor 32; Third district, John P. Hampton 32; Fourth district, Powhatan Ellis 27, William J. Minton 5. It was provided, by a resolution introduced by Cowles Mead, that the judge of the Second district should be presiding judge of the su- preme court, for the time being, to be succeeded in order by the judges of the First, Third and Fourth districts. There was no officially entitled "chief justice." By act of January, 1825, the supreme court was authorized to appoint one of their number, at each term, to deliver the opinions of the court in writing.

The personnel of the supreme court, before its first session in June, 1818, was changed by the appointment of Shields to be the first judge of the United States district court. Joshua G. Clarke was appointed to succeed him on the State bench. The list then stood : Taylor, Hampton, Ellis, Clarke. Following is a full list, with dates of appointments:

Judges of Supreme and Circuit Courts.

First circuit: William B. Shields, 1818; Joshua G. Clarke, 1818; Bela Metcalf, November, 1821; Richard Stockton, Jr., August, 1822 ; Joshua Child, January, 1825; WVm. L. Sharkey, November, 1831, ad interim; Alexander Montgomery, the first native Missis- sippian on the bench, was elected over Sharkey in November, 1831. Second circuit: John Taylor, 1818; Walter Leake, 1820; Louis Winston, 1821; Edward Turner, 1825-33. Fourth circuit : Powhatan Ellis, 1818; Isaac Caldwell, ad interim, 1825; John Black, 1825; Eli Huston, December, 1832. Third circuit: John P. Hampton, 1818, died ; George Winchester, ad interim, 1827; Harry Cage, 1828 resigned ; C. P. Smith, ad interim, May, 1832. Fifth cir- cuit : This was established in 1828, including the two regions orig- inally called Monroe and Hinds counties. Isaac R. Nicholson was elected over Isaac Caldwell by a small majority, as judge, and Buckner Harris, district attorney.

Supreme Court, 1870-1906. (See High Court.) The constitu- tion of 1869 created, as did the constitution of 1817, a "Supreme

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court," of three judges. The power to elect these judges and all others was again delegated; but to the governor, by and with the advice and consent of the Senate, not to the legislature, as in 1817-32. The term of the supreme judges was to be nine years, but to begin with, to secure individual alternation, the terms were respectively three, six and nine years. The terms of the supreme court were to be held at the seat of government twice a year. Governor Alcorn's appointees were H. F. Simrall and Ephriam G. Peyton, old citizens of the State, and Jonathan Tarbell, a Union soldier from New York who had settled after the war in Scott county. Peyton and Tarbell were the only Republicans who have ever been appointed to the supreme bench. The justices were in- stalled in office May 10, 1870, in the presence of the two houses of the legislature, and Judge Simrall drew for the term of nine years, Peyton for three and Tarbell for six years. They were sworn in by Governor Alcorn. Peyton was made chief justice. He was re-appointed for a full term of nine years from May 11, 1873, at the close of his three year term. In the early part of 1876, when the Democratic party was again in control of the legislature, and the impeachment trial of Governor Ames was set for March 28, to be presided over by the chief justice, Peyton was requested by resolution of legislature to resign, until the "emergency" had passed, which he did, and Judge Simrall was elected chief justice in his place.

By an act of the legislature, approved April 11, 1876, by Gover- nor Stone, which was general in form, but so drawn as to apply in only one case, Chief Justice Peyton, on account of failing health, was retired on half pay, and was succeeded, May 10, 1876, by H. H. Chalmers for the remainder of his unexpired term. J. A. P. Camp- bell was appointed in place of Jonathan Tarbell, whose six year term expired, May 10, 1876. Judge Simrall's term expired May 10, 1878, and he was succeeded by J. Z. George, who was chosen chief justice. The code of 1880 provided that the chief justice should be the judge whose term expired in the shortest time. Judge George resigned Feb. 10, 1881, to enter the U. S. Senate, and was succeeded by T. E. Cooper, Judge Chalmers becoming chief justice by virtue of the provision of 1880. In 1882 Judge Chalmers was reappointed, and, in regular order, Judge Campbell became chief justice. When Judge Campbell's term expired in 1885, he was reappointed, and Judge Cooper became chief justice. Judge Chalmers died January 4, 1885, and was succeeded by James M. Arnold, who, by regular rule, was chief justice from Judge Cooper's reappointment in 1888 to his own resignation, October 1, 1889. Thomas H. Woods was appointed to fill out Judge Arnold's term, and was chief justice from the time of his appointment until 1891.

In the constitutional convention of 1890 Mr. McLaurin of Sharkey county proposed a supreme court of five judges to be elected by the people of five districts for terms of twenty years. But this did not find favor, and the plan of appointment by the governor was a part of the general plan of government which the

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convention adopted, not so much from choice but because of what was regarded at that time as necessity. The judiciary article, as reported by the committee composed of Wiley P. Harris, chair- man, and Simrall, Featherston, Taylor, Fewell, Chrisman, Smith (of Warren), McLaurin (of Rankin) Ford, McLean (of Grenada), Hooker, Sykes, Blair, Barnett, Campbell, Noland, Lacey, Sexton, Lee (of Madison), Allen and Eskridge, and adopted, provided for a supreme court, with the jurisdiction of a court of appeals, to be composed of three judges, appointed by the governor with the ad- vice and consent of the senate, each judge for and from one of three districts to be formed by the legislature. The term of office is nine years, after the usual apportionment of three, six and nine years at the beginning. Court is held twice a year at the seat of government. The court at that time was composed of Justices Thomas H. Woods, J. A. P. Campbell, and T. E. Cooper, who were continued in office as from the State at large. Judge Woods was reappointed in 1891, and thereupon Judge Campbell became chief justice for the second time. The next appointment was of A. H. Whitfield in place of Judge Campbell, whose term expired in 1894. The Code of 1892 provided that the judge who had been for the longest time continuously a member of the court should be chief justice, and under this provision Judge Cooper was chief justice from 1894 to December, 1896, when he resigned, and was succeeded by Thomas R. Stockdale for the remainder of the unexpired term. Judge Woods became chief justice on the resignation of Chief Justice Cooper. In 1897 Samuel H. Terral was appointed to suc- ceed Judge Stockdale, whose term had expired. In 1900 Judge Woods' term expired, and he was succeeded by S. S. Calhoon, Judge Whitfield becoming chief justice, which position he still holds. On the 29th of January, 1898, an amendment to the con- stitution, known as the "Noel Amendment," had been adopted by both houses of the legislature making all the judiciary elective; this was voted on by the people in the election of 1899, and re- ceived over two-thirds of all the votes cast on the amendment, but not a majority of all the votes cast at the election. The legislature of 1900 held that it had been adopted, and on January 26 passed a concurrent resolution inserting it in the constitution. In the May, 1900, term of the Lincoln circuit court, the matter was brought up by Judge Robert Powell for adjudication; and the cir- cuit court held that the amendment had not been legally adopted. The State appealed the case, and the supreme court, in the latter part of May, affirmed the decision of the lower court, on the ground, first, that the legislature was not the final judge; second, that the details of electing supreme judges, chancellors, etc., made more than one amendment; third, that a majority of all voting at the election was required. An amendment to the constitution to the same effect passed the house in the session of 1904, but failed to pass in the senate. Judge Terral died in March, 1903, and J. H. Price was appointed in his place. Chief Justice Whitfield's term expired 1903, and he was reappointed, March 9. Judge Price re-

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Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II, Part 90

Author: Rowland, Dunbar, 1864-1937, ed Publication date: 1907 Publisher: Atlanta, Southern Historical Publishing Association Number of Pages: 1032

Author: Rowland, Dunbar, 1864-1937, ed
Publication date: 1907
Publisher: Atlanta, Southern Historical Publishing Association
Number of Pages: 1032