USA > Mississippi > Official and statistical register of the state of Mississippi, 1908 v. 3 > Part 29
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The court has the discretion to grant bail where the evidence is such that the jury might, and perhaps ought, to convict. Ex parte Wray, 30 Miss., 673; Moore v. State, 36 Miss., 137; ex parte Beall, 39 Miss., 715; Street v. State, 43 Miss., I.
But bail should not be granted in such case unless there be exceptional circumstances apart from the offense that seem to demand it. Ex parte Bridewell, 57 Miss., 39; ex parte Patter- son, 56 Miss., 161; ex parte Hamilton, 65 Miss., 147 (3 So., 241).
Even if the jury in capital cases are authorized to fix the punishment at imprisonment for life, bail in such cases is not thereby made a matter of right. Ex parte Fortenberry, 53 Miss., 428. (1817, Art. I, Sec. 16; 1832, Art. I, Sec. 16; 1869, Art. I, Sec. 8).
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FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
SEC. 30. There shall be no imprisonment for debt.
(1817, Art. I, Sec. 18; 1832, Art. I, Sec. 18; 1869, Art. I, Sec. II.)
The costs of the prosecution is not a debt within the meaning of the section, but the costs of the defence is. Ex parte Mayer, 57 Miss., 85.
A statute making it a crime for guardians and others exercising public employment to fail to pay over money which comes to their hands by virtue of their office or employment, when law- fully required to do so, does not violate the section. Money so due is not a debt within its meaning. State v. Gillis, 75 'Miss., 331 (24 So., 25).
A judgment under the statute (Code 19:6, Sec. 28-) ordering the payment of money by the father for the support of a bastard child is not a debt within the meaning of the section. Ex parte Bridgeforth, 77 Miss., 418 (27 So., 622).
SEC. 31. The right of trial by jury shall remain inviolate.
(1817, Art. I, Sec. 28; 1832, Art. I, Sec. 28; 1869, Art. I, Sec. 12.)
A jury within the meaning of the law is composed of twelve men. Wolfe v. Martin, I How. (Miss.), 32; Byrd v. State, I How. (Miss.), 163.
It is unnecessary for the jury before justices of the peace, or inferior courts, to consist of twelve men; it may in such courts be wholly dispensed with. (Sec. 27.) Ex parte Wooten, 62 Miss., 174.
The Legislature cannot authorize a judgment, on a motion, without a jury, in favor of a surety against the principal for money paid. Smith v. Smith, I How. (Miss.), 102.
But a motion against a sheriff and his sureties for failure to pay ~ over money collected does not violate any constitutional right. Lewis v. Garrett, 5 How. (Miss.), 434; see also Bank v. Spencer, 3 Smed. & M., 305; Hopton v. Swan, 50 Miss., 545.
· A statute limiting peremptory challenges is not violative of the section. Dowling v. State, 5 Smed. & M., 664.
The section secures the right to a jury in all cases to which at common law a jury trial was necessary. Isom v. Mississippi R. R. Co., 36 Miss., 300.
The section does not affect the jurisdiction conferred on the chancery court by section 163. McBryde v. State Revenue Agent, 70 Miss., 716 (12 So., 699).
SEC. 32. The enumeration of rights in this constitution shall not be construed to deny and impair others retained by, and inherent in, the people.
(1817, conclusion Art. I; 1832, Ib .; 1869, Art. I, Sec. 32.)
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ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SEC. 33. The Legislative power of this State shall be vested in the Legislature, which shall consist of a Senate -and a House of Representa- tives.
(1817, Art. III, Sec. 4; 1832, Art. III, Sec. 4; 1869, Art. IV, Sec. I.)
The Legislature cannot delegate to the whole or any portion of the people, or to any other department of the government its power to make laws. Alcorn v. Hamer, 38 Miss., 652.
But the execution of some portions of a statute may be made to depend upon the vote of the people. Alcorn v. Hamer, 38 Miss., 652; Barnes v. Supervisors, 51 Miss., 305; Schulherr v. Bordeaux, 64 Miss., 59.
Section 3039 of the Code of 1892 (Code 1906, Sec. 3444) does not violate this section, nor does the Act of 1900, Chapter 69 (Code 1966, Sec. 3444), amending said section. Yazoo City v. Lightcap, 82 Miss., 148 (33 So., 949).
The power to create other offices than those provided for by the constitution, subject to the limitation mentioned by the court, results from the grant to the Legislature of legislative power. State v. Hill, 70 Miss., 112 (1I So., 789).
Therefore the Legislature had the right to create a State Revenue Agent and to arm him with power to bring any action which the State or any of its political subdivisions could bring. Ib.
The Legislature has the right to prescribe the terms upon which creditors shall undertake to use and employ the extra- ordinary remedy of attachment against their debtors. Mack v. Jacobs, 70 Miss., 430 (12 So., 444).
Hence the Act of 1884 is not unconstitutional because it pro- vided that the jury might render a special verdict and assess punitive damages against the plaintiff in attachment in certain cases and that "any verdict they may assess shall stand" unless the court shall certify that it is grossly unconscionable or unwar- ranted by the facts. 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. Green, 77 Miss., 472 (27 So., 743).
The Legislature has all political power not denied it by the State or national constitution. Hinton v. Perry Co., 84 Miss., 536 (36 So., 565).
The Legislature may make the operation of statutes dependent upon future contingencies. Ormand v. White, 85 Miss., 276 (37 So., 834).
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Hence statutes providing for the establishment of stock law districts by petition and vote do not violate this section. Ib.
The Legislature may lawfully regulate the time, manner and extent of the taking of fish in running streams and lakes with outlets into other waters. Ex parte Fritz, 86 Miss., 210 (38 So., 722).
SEC. 34. The House of Representatives shall consist of members chosen every four years by the qualified electors of the several counties and representative districts.
(1869, Art. IV, Sec. 2.)
SEC. 35. The Senate shall consist of members chosen every four years by the qualified electors of the several districts.
(1869, Art. IV, Sec. 4.)
· SEC. 36. The Legislature shall meet at the seat of government in regular sessions on the first Tuesday after the first Monday in January of the year A. D. 1892, and every four years thereafter; and in special session on the first Tuesday after the first Monday in January of the year A. D. 1894, and every four years thereafter, unless sooner convened by the Governor. The special sessions 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 specific number of days, and then it may continue in session to the expiration of that time. At such special sessions the members shall receive not more compensation or salary than ten cents mileage and per diem of not exceeding five dol- lars; and none but appropriation and revenue bills shall be considered, except such other matters as may be acted upon at an extraordinary session called by the Governor.
(1869, Art. IV, Sec. 6.)
SEC. 37. Elections for members of the Legislature shall be held in the several counties and districts as provided by law.
(1869, Art. IV, Sec. 8.)
SEC. 38. Each house shall elect its own officers, and shall judge of the qualifications, return and election of its own members.
(1869, Art. IV, Sec. Io.)
The term "house" means one branch of the Legislature as distinguished from the other. Green v. Weller, 32 Miss., 650.
SEC. 39. The Senate shall choose a president pro tempore to act in the absence or disability of its presiding officer.
(1869, Art. IV, Sec. II.)
QUALIFICATIONS AND PRIVILEGES OF LEGISLATORS.
SEC. 40. Members of the Legislature, before entering upon the dis- charge of their duties, shall take the following oath: "I, ---- , do solemnly swear (or affirm) that I will faithfully support the constitution
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of the United States and of the State of Mississippi; that I am not dis- qualified from holding office by the constitution of this State; that I will faithfully discharge my duties as a legislator; that I will, as soon as practicable hereafter, carefully read (or have read to me) the constitu- tion of this State, and will endeavor to note, and as a legislator to execute, all the requirements thereof imposed on the legislature; and I will not vote for any measure or person because of a promise of any other member of this Legislature to vote for any measure or person, or as a means of influencing him or them so to do. So help me God."
SEC. 41. No person shall be a member of the House of Representa- tives who shall not have attained the age of twenty-one years, and who shall not be a qualified elector of the State, and who shall not have been a resident citizen of the State four years, and of the county two years, immediately preceding his election. The seat of a member of the House of Representatives shall be vacated on his removal from the county or flotorial district from which he was elected.
(1817, Art. III, Sec. 7; 1832, Art. III, Sec. 7; 1869, Art. IV, Sec. 3.)
SEC. 42. No person shall be a Senator who shall not have attained the age of twenty-five years, who shall not have been a qualified elector of the State four years, and who shall not be an actual resident of the dis- trict or territory he may be chosen to represent for two years before his election. The seat of a Senator shall be vacated upon his removal from the district from which he was elected.
(1817, Art. III, Sec. 14; 1832, Art. III, Sec. 14; 1869, Art. IV, Sec. 5.)
SEC. 43. No person liable as principal for public moneys unaccounted for shall be eligible to a seat in either house of the Legislature, or to any office of profit or trust, until he shall have accounted for and paid over all sums for which he may have been liable.
(1817, Art. III, Sec. 28; 1832, Art. III, Sec. 28; 1869, Art. IV, Sec. 16.)
A judicial determination of the liability is not essential. Brady v. Howe, 50 Miss., 607.
The prohibition applies to private citizens as well as to officers. Hoskins v. Brantley, 57 Miss., 814.
A person disqualified under the section, though a de facto officer, cannot maintain an action for fees. Matthews v. Copiah Co., 53 Miss., 715.
SEC. 44. No person shall be eligible to a seat in either house of the Legislature, or to any office of profit or trust, who shall have been con- victed of bribery, perjury, or other infamous crime; and any person who shall have been convicted of giving or offering, directly or indirectly, any bribe to procure his election or appointment, and any person who shall give or offer any bribe to procure the election or appointment of
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FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
any person to office, shall, on conviction thereof, be disqualified from holding any office of profit or trust under the laws of this State.
(1817, Art. VI, Secs. 4 and 5; 1832, Art. VII, Sec. 4; 1869, Art. IV, Secs. 17 and 18.)
A judicial conviction is essential under this section. Brady v. Howe, 50 Miss., 607.
But a pardon removes the ineligibility. Jones v. Registrars of Alcorn Co., 56 Miss., 766.
SEC. 45. No Senator or Representative, during the term for which he was elected, shall be eligible to any office of profit which shall have been created, or the emoluments of which have been increased, during the time such Senator or Representative was in office, except to such offices as may be filled by an election of the people.
(1817, Art. III, Sec. 26; 1832, Art. III, Sec. 26; 1869, Art. IV; Sec. 38.)
An office is a continuing charge or employment the duties of which are defined by rules prescribed by law and not by con- tract. Alcorn v. Shelby, 36 Miss., 273.
In case of the creation of a new county by the Legislature, a member thereof cannot be appointed to one of the county offices.
Brady v. West, 50 Miss., 68.
SEC. 46. The members of the Legislature shall severally receive from the State treasury compensation for their services, to be prescribed by law, which may be increased or diminished; but no alteration of such compensation of members shall take effect during the session at which it is made.
(1817, Art. III, Sec. 25; 1832, Art. III, Sec. 25; 1869, Art. IV, Sec. 20.)
SEC. 47. No member of the Legislature shall take any fee or reward or be counsel in any measure pending before either house of the Legis- lature, under penalty of forfeiting his seat, upon proof thereof to the satisfaction of the house of which he is a member.
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SEC. 48. Senators and Representatives shall, in all cases, except treason, felony, theft, or breach of the peace, be privileged from arrest during the session of the Legislature, and for fifteen days before the commencement and after the termination of each session.
(1817, Art. III, Sec. 19; 1832, Art. III, Sec. 19; 1869, Art. IV, Sec. 19.)
TRIAL OF OFFICERS.
SEC. 49. The House of Representatives shall have the sole power of impeachment; but two-thirds of all the members present must concur therein. All impeachments shall be tried by the Senate, and, when sitting for that purpose, the Senators shall be sworn to do justice accord- ing to law and the evidence.
(1817, Art. "Impeachment," Secs. 1 and 2; 1832, Art. VI, Secs. 1 and 2; 1869, Art. IV, Sec. 27.)
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SEC. 50. The Governor and all other civil officers of this State, shall be liable to impeachment for treason, bribery, or any high crime or mis- demeanor in office.
(1817, Art. "Impeachment," Sec. 3; 1832, Art. VI, Sec. 3; 1869, Art. IV, Sec. 28.)
SEC. 51. Judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust, or profit in this State; but the party convicted shall, nevertheless, be subject to indictment, trial, judgment, and punishment according to law. .
(1817, Art. "Impeachment," Sec. 3; 1832, Art. VI, Sec. 3; 1869, Art. IV, Sec. 30.)
SEC. 52. When the Governor shall be tried, the Chief Justice of the Supreme Court shall preside; and when the Chief Justice is disabled, disqualified, or refuses to act, the judge of the Supreme Court next oldest in commission shall preside; and no person shall be convicted without concurrence of two-thirds of all the Senators present.
(1869, Art. IV, Sec. 29.)
SEC. 53. For reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall, on the joint address of two-thirds of each branch of the Legislature, remove from office the judges of the Supreme and inferior courts; but the cause or causes of removal shall be spread on the journals and the party charged be notified of the same, and have an opportunity to be heard by himself or counsel, or both, before the vote is finally taken and decided.
(1832, Art. IV, Sec. 27; 1869, Art. IV, Sec. 31.)
RULES OF PROCEDURE.
SEC. 54. A majority of each house shall constitute a quorum to do business; but a less number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penal- ties as each shall provide.
(1869, Art. IV, Sec. 12.)
SEC. 55. Each house may determine rules of its own proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the members present, expel a member; but no member, unless expelled for theft, bribery, or corruption, shall be expelled the second time for the same offense. Both houses shall, from time to time. publish journals of their proceedings, except such parts as may, in their opinion, require secrecy ; and the yeas and nays, on any question, shall be entered on the journal, at the request of one-tenth of the members present; and the yeas and nays shall be entered on the journal on the final passage of every bill.
· (1817, Art. III, Secs. 16 and 17; 1832, Art. III, Secs. 15, 16 and 17; 1869, Art. IV, Sec. 14.)
The term "house" means one branch of the Legislature as distinguished from the other. 'Green v. Weller, 32 Miss., 650.
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SEC. 56. The style of the laws of the State shall be: "Be it enacted by the Legislature of the State of Mississippi."
(1832, Art. III, Sec. 4; 1869, Art. IV, Sec. 32.)
It is not required that the Legislature should literally adhere to the words as to the style of the laws; statutes should show on their face the authority by which they were adopted. Swan v. Buck, 40 Miss., 268.
SEC. 57. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
(1817, Art. III, Sec. 22; 1832, Art. III, Sec. 22; 1869, Art. IV, Sec. 13.)
SEC. 58. The doors of each house, when in session, or in committee of the whole, shall be kept open, except in cases which may require secrecy ; and each house may punish, by fine and imprisonment, any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence, or who shall in any way disturb its deliberations during the session; but such imprisonment shall not extend beyond the final adjournment of that session.
(1817, Art. III, Sec. 20; 1832, Art. III, Secs. 20 and 21; 1869, Art. IV, Sec. 15.)
SEC. 59. Bills may originate in either house, and be amended or rejected in the other; and every bill shall be read on three different days in each house, unless two-thirds of the house where the same is pending shall dispense with the rules; and every bill shall be read in full imme- diately before the vote on its final passage; and every bill, having passed both houses, shall be signed by the President of the Senate and the Speaker of the House of Representatives, in open session; but before either shall sign any bill, he shall give notice thereof, suspend business in the house over which he presides, have the bill read by its title, and, on the demand of any member, have it read in full; and all such proceedings shall be entered on the journal.
(1817, Art. III, Sec. 23; 1832, Art. III, Sec. 23; 1869, Art. IV, Sec. 23.)
This section has no application to an act adopting and putting in force a code of laws. Hunt v. Wright, 70 Miss., 298 (II . So., 608).
SEC. 60. No bill shall .be so amended in its passage through either house as to change its original purpose, and no law shall be passed except by bill; but orders, votes, and resolutions of both houses, affecting the prerogatives and duties thereof, or relating to adjournment, to amend- ments to the constitution, to the investigation of public officers, and the like, shall not require the signature of the Governor; and such resolu- tions, orders, and votes, may empower legislative committees to admin-
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ister oaths, to send for persons and papers, and generally make legislative investigations effective.
(1832, Art. V, Sec. 16; 1869, Art. IV, Sec. 25.)
The section has no application to an act adopting and putting in force a code of laws. Hunt v. Wright, 70 Miss., 298 (1I So., 608).
SEC. 61. No law shall be revived or amended by reference to its title only, but the section or sections, as amended or revived, shall be inserted at length.
The section has no application to an act adopting and putting in force a code of laws. Hunt v. Wright, 70 Miss., 298 (II So., 608).
It follows that part of a statute repealed, left out of the repeal- ing statute, is no longer law. Nations v. Lovejoy, 80 Miss., 401 (31 So., 811).
SEC. 62. No amendment to bills by one house shall be concurred in by the other except by a vote of the majority thereof, taken by yeas and nays and the names of those voting for and against recorded upon the journals; and reports of committees of conference shall in like manner be adopted in each house.
SEC. 63. No appropriation bill shall be passed by the Legislature which does not fix definitely the maximum sum thereby authorized to be drawn from the treasury.
This section and Sections 64, 68, 69, 73, 116 and 123 referred to commented upon and applied. Colbert v. State, 86 Miss., 769 (39 So., 65).
SEC. 64. No bill passed after the adoption of this constitution to make appropriations of money out of the State treasury shall continue in force more than six months after the meeting of the Legislature at its next regular session; nor shall such bill be passed except by the votes of a majority of all the members elected to each house of the Legislature.
This section and Sections 63, 68, 69, 73, 116 and 123 referred to, commented upon and applied. Colbert v. State, 86 Miss., 769 (39 So., 65).
SEC. 65. All votes on the final passage of any measure shall be subject to reconsideration for at least one whole legislative day, and no motion to reconsider such vote shall be disposed of adversely on the day on which the original vote was taken, except on the last day of the session.
SEC. 66. No law granting a donation, or gratuity, in favor of any person or object shall be enacted, except by the concurrence of two- thirds of each branch of the Legislature, nor by any vote for a sectarian purpose or use.
SEC. 67."No" new [ bill [shall be introduced into either house of the Legislature during the last three days of the session.
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SEC. 68. Appropriation and revenue bills shall, at regular sessions of the Legislature, have precedence in both houses over all other business, and no such bills shall be passed during the last five days of the session.
The section is binding as a matter of procedure on the Legisla- ture, but its disregard is beyond the control of the courts. Hunt v. Wright, 70 Miss., 298.
SEC. 69. General appropriation bills shall contain only the appro- priations to defray the ordinary expenses of the executive, legislative, and judicial departments of the government; to pay interest on State bonds, and to support the common schools. All other appropriations shall be made by separate bills, each embracing but one subject. Legis- lation shall not be engrafted on appropriation bills, but the same may prescribe the conditions on which the money may be drawn, and for what purposes paid.
The Governor cannot, under Section 73, veto that part of a special appropriation bill in which is expressed, under the section, the conditions on which the money may be drawn. State v. Holder, 76 Miss., 158.
This section and Sections 63, 64, 68, 73, 116 and 123 referred to, commented upon and applied. Colbert v. State, 86 Miss., 769 (39 So., 65).
SEC. 70. No revenue bill, or any bill providing for assessments of property for taxation, shall become a law except by vote of at least three-fifths of the members of each house present and voting.
The section is binding as a matter of procedure on the Legis- lature, but its disregard is beyond the control of the courts. Hunt v. Wright, 70 Miss., 298 (11 So., 6c8).
SEC. 71. Every bill introduced into the Legislature shall have a title, and the title ought to indicate clearly the subject-matter or matters of the proposed legislation. Each committee to which a bill may be referred shall express, in writing, its judgment of the sufficiency of the title of the bill, and this, too, whether the recommendation be that the bill do pass or do not pass.
SEC. 72. Every bill which shall pass both houses shall be presented to the Governor of the State. If he approve, he shall sign it; but if he does not approve, he shall return it, with his objections, to the house in which it originated, which shall enter the objections at large upon its journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which, likewise, it shall be reconsidered ; and if approved by two-thirds of that house. it shall become a law; but in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within five days (Sundays
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FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
excepted) after it has been presented to him, it shall become a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevent its return, in which case it shall be a law unless sent back within three days after the beginning of the next session of the Legislature, No bill sholl be approved when the Legislature is not in session.
(1817, Art. IV, Sec. 15; 1832, Art. V, Sec. 15; 1869, Art. IV, Sec. 24.)
The official publication of an act which was presented to the Governor within five days of an adjournment of the Legislature raises the presumption that the Governor failed to return it within three days after the beginning of the next session. Bowen v. Gilleylen, 58 Miss., 813.
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