USA > Mississippi > Official and statistical register of the state of Mississippi, 1908 v. 3 > Part 27
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Adams County -- A. K. Farrar, J. Winchester.
Attala County-E. H. Sanders, J. W. Wood.
Amite County-D. W. Hurst.
Bolivar County-M. H. McGehee.
Carroll County-J. Z. George, W. Booth.
Claiborne County-H. T. Ellett.
Coahoma County-J. L. Alcorn.
Copiah County-P. C. Catching, Benj. King.
Clarke County-S. H. Terral.
.Choctaw County-W. F. Brantley, W. H. Witty, J. H. Edwards.
Chickasaw County-J. A. Orr, C. B. Baldwin.
Covington County-A. C. Powell.
Calhoun County-W. A. Sumner, M. D. L. Stephens.
DeSoto County-J. R. Chalmers, S. D. Johnston, T. Lewers.
Franklin County-D. H. Parker.
Greene County-T. J. Roberts.
Hinds County-Wiley P. Harris, W. P. Anderson. W. B. Smart.
Holmes County-J. M. Dyer, W. L. Keirn.
Harrison County-D. C. Glenn.
Hancock County-J. B. Deason.
Issaquena County-A. C. Gibson.
Itawamba County-R. O. Beene, A. B. Bullard, W. H. H. Tison M. C. Cummings. -
Jasper County-O. C. Dease.
Jackson County-A. E. Lewis.
Jefferson County-J. S. Johnston.
Jones County-J. H. Powell.
Kemper County-O. Y. Neely, T. H. Woods.
Lawrence County-W. Green.
Lowndes County-W. S. Barry, G. R. Clayton.
Leake County-W. B. Colbert.
Lauderdale County-J. B. Ramsey, F. C. Semms.
Lafayette County-L. Q. C. Lamar, T. D. Isom.
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1166 OFFICERS AND MEMBERS OF CONSTITUTIONAL CONVENTION OF 1861.
Marshall County-A. M. Clayton, J. W. Clapp, Samuel Benton, H. W Walter, W. M. Lea. Madison County-A. P. Hill.
Monroe County-S. J. Gholson, F. M. Rogers.
Marion County-H. Mayson.
Noxubee County-Israel Welsh. Neshoba County-D. M. Backstrom.
Newton County-M. M. Keith.
Oktibbeha County-T. C. Bookter.
Perry County-P. J. Myers.
Pike County-J. N. Nelson .:
Panola County-J. B. Fiser, E. F. McGehee.
Pontotoc County-C. D. Fontaine, J. B. Herring, H. R. Miller, R. W. Flournoy.
Rankin County-J. J. Thornton, W. Denson.
Sunflower County-E. P. Jones.
Simpson County-W. J. Douglas.
Smith County-W. Thompson.
Scott County-C. W. Taylor.
Tallahatchie County-A. Patterson.
Tishomingo County-A. E. Reynolds, W. W. Bonds, T. P. Young, J. A. Blair.
Tunica County-A. Miller.
Tippah County-O. Davis, J. H. Berry, J. S. Davis, D. B. Wright.
Washington County-J. S. Yerger.
Wilkinson County-A. C. Holt.
Wayne County-W. J. Eckford.
Warren County-Walker Brooke, T. A. Marshall.
Winston County-J. Kennedy, W. S. Bolling.
Yalobusha County-F. M. Aldridge, W. R. Barksdale.
Yazoo County-H. Vaughn, G. B. Wilkinson.
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OUTLINE OF THE CONSTITUTION OF 1869.
The chief executive power is vested in a Governor, who is elected by the qualified electors of the State for the term of four years, and who shall be at least thirty years of age, and shall have been a citizen of the United States for twenty years, and shall have resided in the State two years next preceding the day of his election.
The Lieutenant-Governor is elected at the same time, in the same man- ner, and for the same term, and shall possess the same qualifications as the Governor.
The Secretary of State, Treasurer, Auditor of Public Accounts, Attor- ney-General and Superintendent of Education are elected by the qualified electors for a term of four years. Provision is made for a Commissioner of Immigration and Agriculture, to be elected by the Legislature on joint ballot, for a term of four years.
The legislative power is vested in the Legislature, which shall consist of a Senate and House of Representatives. The Representatives are elected every two years, and the Senators every four years.
The political year begins on the first Monday of January, and the Legislature meets annually on the first Tuesday after the first Monday in January.
The judicial power is vested in a Supreme Court, consisting of three judges appointed by the Governor, by and with the advice and consent of the Senate. It is provided that the Governor shall appoint one judge for each district into which the State is divided, and that the term of office shall be nine years. Circuit Courts are established, the judges being appointed by the Governor for the term of six years. Chancery Courts are also provided, the Chancellors being appointed in the same manner as the Circuit Judges for a term of four years.
Circuit Courts are to be held in each county at least twice a year, and Chancery Court at least four times in each year.
Each county is provided with a Board of Supervisors of five persons, to be elected by the electors for a term of two years, and with a compe- tent number of Justices of the Peace to be elected in the same manner for the same time.
All male inhabitants of this State, except idiots and insane persons, and Indians not taxed, citizens of the United States, or naturalized, twenty-one years old and upwards, who have resided in the State six months and in the county one month next preceding the day of the election, at which said inhabitant offers to vote, and who are duly regis- tered, according to the requirements of Section 3, and who are not dis- qualified by reason of any crime, are declared to be qualified electors.
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MEMBERS OF CONSTITUTIONAL CONVENTION OF 1868.
B. B. EGGLESTON OF LOWNDES COUNTY, PRESIDENT.
Adams-Edward J. Castillo, Henry P. Jacobs (Negro), Frederick Parsons. Amite-Charles P. Neilson.
Attala-Jason Niles, S. C. Cooley.
Bolivar-Jehiel Railsback.
Calhoun-J. H. Kerr.
Carroll-George Stovall, Stephen Johnson, William L. Hemmingway.
Chickasaw-A. J. Jamison, E. R. Smith.
Coahoma-A. S. Dowd.
Choctaw and Oktibbeha-Nicholas B. Bridges, James Weir, Geo. H. Hol- land.
Claiborne-Matthew T. Newsom (Negro), Edward H. Stiles.
Clarke-H. Musgrove.
Covington and Simpson-Carlos Chapman.
Copiah-E. G. Peyton, Emanuel Handy (Negro).
Davis and Smith-V. A. Collins.
DeSoto-Horatio N. Ballard, Wm. B. Gray, Wm. D. Nesbitt.
Franklin-C. W. Beam.
Greene, Perry and Jackson-John Moody ..
Hancock and Marion-Alanson Goss.
Harrison-(Election invalid-new election ordered).
Hinds-Henry Mayson (Negro), E. A. Peyton, Charles Caldwell (Negro), John R. Parsons.
Holmes-H. W. Barry, D. McA. Williams.
Holmes and Madison-(Delegate at large, R. H. Montgomery).
Issaquena-Henry P. Toy.
Itawamba-John Elliott.
Jasper-Wm. McKnight.
Jefferson-A. Alderson, O. S. Miles.
Kemper-Jere Hauser.
Lafayette-W. G. Vaughan, P. H. Mccutchen.
Lee-W. W. Gaither, D. T. Walker.
Lauderdale-R. C. Merryman, J. Aaron Moore (Negro).
Lawrence-Wesley Lawson (Negro).
Leake-Henry W. Warren.
Lowndes-B. B. Eggleston, Joseph W. Field, Isham G. Rainey, Geo. Van Hook.
Madison-W. Ben Cunningham, Amos Drane (Negro).
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1169
MEMBERS OF CONSTITUTIONAL CONVENTION OF 1868.
Marshall-John W. C. Watson, Wm. M. Compton, Chas. H. Townsend. Monroe-J. B. Woodmansee, James L. Herbert, James Elliott. Neshoba-Wm. A. Hutto.
Newton-J. E. Longmire.
Noxubee-S. H. Powell, Isham Stewart (Negro), N. J. Chappell.
Panola-A. R. Howe, U. Ozanne.
Pike-Peres Bonney.
Pontotoc-Thomas W. Jones.
Rankin-Cyrus Myers (Negro), John C. Brinson (Negro).
Scott-Moses H. Lack.
Sunflower-David N. Quinn.
Tallahatchie-S. C. Barnes.
Tunica-John M. Phillips.
Tippah-Wm. Nelms, W. T. Stricklin.
Tishomingo-H. Mask, Terry Dalton.
Warren-A. Mygatt, C. McKee, B. Leas, T. W. Stringer (Negro), A. Johnson (Negro).
Washington-John Fawn, Doctor Stites (Negro), Wm. T. Combash (Negro).
Wayne-William Yeoman.
Wilkinson-Wm. H. Gibbs, Chas. W. Fitzhugh (Negro).
Winston-Jared Richardson.
Yalobusha-Robert J. Alcorn, W. J. Lilley.
Yazoo-Chas. W. Clarke, Wm. Leonard (Negro), A. T. Morgan.
T. P. SEARS OF ADAMS COUNTY, SECRETARY.
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OUTLINE OF THE CONSTITUTION OF 1890. .
The chief executive power is vested in a Governor elected by the qual- ified electors of the State, who shall hold his office for four years, and who shall be ineligible as his immediate successor in office. The Lieutenant- Governor is elected at the same time, in the same manner, and for the same term, and shall possess the same qualifications as required of the Governor. The Secretary of State, Treasurer, Auditor of Public Accounts, Attorney-General and Superintendent of Education are elected for a term of four years by the qualified electors.
The Auditor of Public Accounts and the Treasurer are ineligible to immediately succeed themselves or each other in office.
The legislative power is vested in the Legislature, which consists of a Senate and a House of Representatives The Representatives are elected every four years by the qualified electors of the several counties and repre- sentative districts. The Senators are elected for four years at the same time and in the same manner as the Representatives.
It is provided that the Legislature shall meet at the seat of govern- ment, in regular session, on the first Tuesday after the first Monday in January of the year 1892, and every four years thereafter, and in special session on the first Tuesday after the first Monday in January, 1894, and every four years thereafter, unless sooner convened by the Governor ; that the special session shall not continue longer than thirty days, unless the Governor, deeming the public interest to require it, shall extend the sitting by proclamation in writing to be sent to and entered upon the journals of each House for a specified number of days, and then it may continue in session to the expiration of that time. It is provided that none but appro- priation and revenue bills shall be considered at special sessions, except such other matters as may be acted upon at an extraordinary session called by the Governor.
The judicial power is vested in a Supreme Court, consisting of three judges appointed by the Governor for a term of nine years. It is pro- vided that the Legislature shall divide the State into three Supreme Court Districts, and the Governor, by and with the advice and consent of the Senate, shall appoint one judge for and from each district, but the removal of a judge to the State Capital during his term of office shall not render him ineligible as his own successor for the district from which he has removed.
It is provided that the office of one of the judges shall be vacated in three years, one in six years and one in nine years, so that at the expira- tion of every three years one of the judges shall be appointed.
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1171
OUTLINE OF THE CONSTITUTION OF 1890.
The judicial power is further vested in Circuit and Chancery Courts, the Judges and Chancellors being appointed by the Governor for a term of four years.
Each county is divided into five districts, and a resident freeholder of each district is elected by the electors to constitute the Board of Super- visors of the county, to serve for a term of four years.
A competent number of Justices of the Peace are to be elected in each county, for each district, for a term of four years.
Every male inhabitant of the State, except idiots, insane persons and Indians not taxed, who is a citizen of the United States, twenty-one years old and upwards, who has resided in this State two years, and one year in the election district, or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of bribery, theft, burglary, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, and who has paid on or before the first day of February, of the year in which he shall offer to vote, all taxes which may have been legally required of him, and which he has had an opportunity of paying according to law, for the two preceding years, and who shall produce to the officers holding the election satisfactory evidence that he has paid said taxes, is declared to be a qualified elector, but any minister of the gospel in charge of an organized church shall be entitled to vote after six months' resi- dence in the election district, if otherwise qualified.
In addition to the foregoing qualifications every elector shall, on and after the first day of January, 1892, be able to read any section of the Constitution, or shall be able to understand the same when read to him, or give a reasonable interpretation thereof.
FOURTH-CONSTITUTION OF THE STATE OF MISSISSIPPI.
ADOPTED NOVEMBER I, A. D. 1890. .
WE, the people of Mississippi in convention assembled, grateful to Al- mighty God, and invoking his blessing on our work, do ordain and establish this Constitution.
Ratification of the constitution by the people was unnecessary to its validity. Sproule v. Fredericks, 69 Miss., 898 (11 So., 472).
ARTICLE I.
DISTRIBUTION OF POWERS.
SEC. I. The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them con- fided to a separate magistracy, to wit: Those which are legislative to one, those which are judicial to another, and those which are executive to another.
(1817, Art. II, Sec. 1; 1832, Art. II, Sec. 1; 1869, Art. III, Sec. I.)
Legislature not authorized to construe laws. Planters Bank v. Black, II Smed. & M., 43; Lawson v. Jeffries, 47 Miss., 686.
A direction by the Legislature that in estimating damages accruing to the owner of land taken for public use the benefits which will result to the owner shall be allowed in extinguishment of the claim, is judicial, and therefore void. Isom v. Mississippi R. R. Co., 36 Miss., 3ºc.
The Governor cannot be compelled by mandamus to perform any act. Vicksburg, etc., R. R. Co. v. Lowry, 61 Miss., 102.
The judiciary are not empowered to grant writs of supersedeas to prevent the holding of local option elections. Bond x. State, 68 Miss., 648 (9 So., 353).
The courts will not undertake to control the Attorney-General in the matter of his official opinions. Woodbury v. McClurg, 78 Miss., 831 (29 So., 514).
A suit cannot be maintained against the State for the recovery of an award which the Governor has refused to order paid, since the offering and payment of rewards for the arrest of escaped criminals is intrusted solely to the discretion of the executive. State v. Dinkins, 77 Miss., 874 (27 So. 832).
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1173
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
The statutes giving the board of supervisors the right to regu- late the taking of fish in their respective counties are not violative as giving a judicial body legislative authority. Ex parte Fritz, 86 Miss., 220 (38 So., 722).
SEC. 2. No person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said depart- ments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other departments.
(1817, Art. II, Sec. 2; 1832, Art. II, Sec. 2; 1869, Art. III, Sec. I.)
ARTICLE II.
BOUNDARIES OF THE STATE.
SEC. 3. The limits and boundaries of the State of Mississippi are as follows, to wit: Beginning on the Mississippi River (meaning thereby the center of said river or thread of the stream) where the southern boundary line of the State of Tennessee strikes the same, as run by B. A. Ludlow, D. W. Connelly, and W. Petrie, commissioners appointed for that purpose on the part of the State of Mississippi, A. D. 1837, and J. D. Graham and Austin Miller, commissioners appointed for that purpose on the part of the State of Tennessee; thence east along the said boundary line of the State of Tennessee to a point on the west bank of the Tennessee River, six four-pole chains south of and above the mouth of Yellow Creek; thence up the said river to the mouth of Bear Creek; thence by a direct line to what was formerly the northwest corner of the county of Washington, Alabama; thence on a direct line to a point ten miles east of the Pascagoula River on the Gulf of Mexico; thence west- wardly, including all the islands within six leagues of the shore, to the most eastern junction of the Pearl River with Lake-Borgne; thence up said Pearl River to the thirty-first degree of north latitude; thence west along said degree of latitude to the middle or thread of the stream of the Mississippi River; thence up the middle of the Mississippi River, or thread of the stream, to the place of beginning, including all islands lying east of the thread of the stream of said river, and also including all lands which were at any time heretofore a part of the State.
(Preamble, Const. 1817.)
For an interesting historical sketch on the subject of the boun- daries of the State, by Judges Sharkey, Ellett and William L. Harris, see introductory remarks to Chapter II of the Code of 1857.
The jurisdiction of the State extends as far out into the sea as may be necessary for public safety. Martin v. O'Brien, 34 Miss., 21.
SEC. 4. The Legislature shall have power to consent to the acquisition of additional territory by the State, and to make the same a part thereof ;
1174
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
ARTICLE III.
BILL OF RIGHTS.
and the Legislature may settle disputed boundaries between this State and its coterminus states whenever such disputes arise.
SEC. 5. All political power is vested in, and derived from, the people; all government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.
(1817, Art. I, Sec. 2; 1832, Art. I, Sec. 2.)
SEC. 6. The people of this State have the inherent, sole, and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form of government whenever they deem it necessary to their safety and happiness; Provided, Such change be not repugnant to the Constitution of the United States.
(1817, Art. I, Sec. 2; 1832, Art. I, Sec. 2.)
A telegraph company, engaged in domestic as well as interstate business, is subject to such reasonable police regulations as the State may impose. Telegraph Co. v. Railroad Com., 74 Miss., 80 (21 So., 15).
In such a case it is immaterial that the company was chartered by another State, and secured its right to erect its lines along the post roads in this State under an act of Congress. Ib.
The Legislature can constitutionally confer on municipalities the power, by ordinance, to punish as an offense against the municipality an act which constitutes a crime against the State. Ocean Springs v. Greene, 77 Miss., 472 (27 So., 743).
Section 4053 of the Code, providing that when a railroad is constructed so as to cross a highway, and a bridge is necessary for passage along the highway across the railroad, it shall be the duty of the railroad company to erect and maintain the bridge, is within the police power of the State. Railroad v. Copiah Co., 8I Miss., 685 (33 So., 502).
Section 4058 of the Code, making it the duty. of railroad companies to maintain cattle guards where their tracks pass through enclosed land, is within the police power of the State. Railroad v. Harrington, 85 Miss., 374 (37 So., 1016).
Hence the Fourteenth Amendment of the Constitution of the United States is not involved. Ib.
By virtue of the police power, the State has the right to regu- late the time, manner and extent of taking of fish in running streams and lakes with outlets into other waters. Ex parte Fritz, 86 Miss., 220 (38 So., 722).
SEC. 7. The right to withdraw from the Federal Union on account of any real or supposed grievance, shall never be assumed by this State, nor shall any law be passed in derogation of the paramount allegiance of the citizens of this State to the government of the United States.
(1869, Art. I, Sec. 20.)
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FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
SEC. 8. All persons, resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi.
(1869, Art. I, Sec. I.)
SEC. 9. The military shall be in strict subordination to the civil power. (1869, Art. I, Sec. 25.)
SEC. 10. Treason against the State shall consist only in levying war against the same or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi- mony of two witnesses to the same overt act, or on confession in open court.
(1817, Art. VI, Sec. 3; 1832, Art. VII, Sec. 3; 1869, Art. I, Sec. 26.)
SEC. II. The right of the people peaceably to assemble and petition the government on any subject shall never be impaired.
(1869, Art. I, Sec. 6.)
SEC: 12. The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons.
(1817, Art. I, Sec. 23; 1832, Art. I, Sec. 23; 1869, Art. I, Sec. 15.)
This section does not authorize carrying concealed weapons on the person in one's home. Wilson v. State, 81 Miss., 404 (33 So., 171.)
SEC. 13. The freedom of speech and of the press shall be held sacred; and in all prosecutions for libel the truth may be given in evidence, and the jury shall determine the law and the facts under the direction of the court; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted.
(1817, Art. I, Secs. 6, 7 and 8; 1832, Art. I, Secs. 6, 7 and 8; 1869, Art. I, Sec. 4.) -
SEC. 14. No person shall be deprived of life, liberty, or property except by due process of law.
(1817, Art. I, Sec. 10; 1832, Art. I, Sec. ro; 1869, Art. I, Sec. 2.)
A purchase of land by a deputy sheriff at his principal's sale cannot be set aside by motion; so to do would be to deprive of property without due process of law. Flournoy v. Smith, 3 How. (Miss.), 62.
A law depriving a citizen of his property without notice or trial, and without opportunity to protect his rights, is void. Donnovan v. Vicksburg, 29 Miss., 247.
The Legislature cannot declare lands forfeited to the State for non-payment of taxes without sale. Griffin v. Mixon, 38 Miss., 424.
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FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
A judgment without notice is void. Jack v. Thompson, 41 Miss., 49.
Personal notice on resident-known defendants is essential to a valid judgment against them. Brown v. Levee Commissioners, 50 Miss., 468.
An extension of city limits so as to include property and render it liable to city taxes, though the owner is not benefited thereby, is not to deprive of property without due process of law. Martin v. Dix, 52 Miss., 53.
The Legislature cannot retroactively make valid a void sale of land for taxes. Dingy v. Paxton, 65 Miss., 1038.
A municipal ordinance authorizing the killing of unmuzzled dogs running at large is not invalid. Julienne v. Jackson, 69 Miss., 34 (10 So., 43).
The section is not violated by the statute requiring a convey- ance of a homestead to be made by a husband and wife jointly. Massey v. Womble, 69 Miss., 347 (11 So., 188).
The Legislature may provide for a resale of tax lands held by it although the previous sale to the State was invalid. Marble v. Fife, 69 Miss., 596 (13 So., 842).
The Legislature may authorize the guardian of an infant, or person of unsound mind, to agree upon damages to be paid for the property of the ward taken for public use. Louisville, etc., Ry. Co. v. Blythe, 69 Miss., 939 (11 So., III).
The Legislature cannot provide for the infliction of a penalty and its collection by summary process, without a judicial pro- ceeding adjudicating the liability. McBride v. State Revenue Agent, 70 Miss., 716 (12 So., 699).
The section of the Code (Code 1906, 1938) providing for the filing by a litigant of interrogatories, to be answered by the adverse party residing out of the State, the answer to be used as evidence, does not deprive the adverse party of due process of law. Illinois, etc., R. R. Co. v. Sanford, 75 Miss., 862 (23 So., 942).
The decision or judgment remaining undisturbed, the revision of an opinion which expresses but the reasons of the decision does not involve "due process of law." Adams v. Yazoo, etc., R. R. Co., 77 Miss., 194 (24 So., 20c).
.The Legislature, under the section, is without power to deprive a plaintiff of a sum of money admitted to be due him. Memphis, etc., Works v. Aberdeen, 77 Miss., 420 (27 So., 608).
A statute providing for the assessment of railroads for back taxes by the State railroad commission, without appeal, does not deprive of property without due process of law, although other taxpayers may, under general laws, appeal from the tribunal fixing their taxes. Yazoo, etc., R. R. Co. v. Adams, 77 Miss., 764 (25 So., 355).
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1177
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI ..
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So long as the decision of the supreme court remains undis- turbed, any revision of its opinion which sets out merely the reasons for the decision, does not deprive the losing party of due process of law. Yazoo R. R. Co. v. Adams, 77 Miss., 194 (24 So., 200).
Section 4370 of the Code of 1892 (Code 19:6, Sec. 4936), in so far as it provides that causes cannot be reversed for jurisdictional defects, deprives one of due process of law. Arbuckle v. State, 80 Miss., 15 (31 So., 437).
Section 3555 of the Code of 1892 (Code 19-6, Sec. 4253), though applying to railroads constructed before its passage, does not infringe this section. Railroad v. Copiah County, 81 Miss., 685 (33 So., 502).
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