USA > Mississippi > Official and statistical register of the state of Mississippi, 1908 v. 3 > Part 36
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42
Eleventh .- The county of Copiah the eleventh district, and elect one Senator.
Twelfth .- The counties of Hinds and Warren the twelfth district, and elect one Senator each and a Senator between them, to be chosen from the counties alternately, beginning with Hinds.
Thirteenth .- The counties of Scott and Newton the thirteenth district, and elect one Senator.
Fourteenth .- The county of Lauderdale the fourteenth district, and elect one Senator.
Fifteenth .- The counties of Kemper and Winston the fifteenth district, and elect one Senator.
Sixteenth .- The county of Noxubee the sixteenth district, and elect one Senator.
Seventeenth .- The counties of Leake and Neshoba the seventeenth district, and elect one Senator.
1251
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
Eighteenth .- The county of Madison the eighteenth district, and elect one Senator.
Nineteenth .- The county of Yazoo the nineteenth district, and elect one Senator.
Twentieth .- The counties of Sharkey and Issaquena the twentieth district, and elect one Senator.
Twenty-first .- The county of Holmes the twenty-first district, and elect one Senator.
Twenty-second .- The county of Attala the twenty-second district, and -elect one Senator.
Twenty-third .- The counties of Oktibbeha and Choctaw the twenty- third district, and elect one Senator.
Twenty-fourth .- The counties of Clay and Webster the twenty-fourth district, and elect one Senator.
Twenty-fifth .- The county of Lowndes the twenty-fifth district, and elect one Senator.
Twenty-sixth .- The counties of Carroll and Montgomery the twenty- sixth district, and elect one Senator.
Twenty-seventh .- The counties of Leflore and Tallahatchie the twenty- seventh district, and elect one Senator.
Twenty-eighth .- The counties of Yalobusha and Grenada the twenty- eighth district, and elect one Senator.
Twenty-ninth .- The counties of Washington and Sunflower the twenty-ninth district. The county of Washington shall elect one Senator, and the counties of Washington and Sunflower a Senator between them.
Thirtieth .- The county of Bolivar the thirtieth district, and elect one Senator.
Thirty-first .- The counties of Chickasaw, Calhoun, and Pontotoc the thirty-first district, and elect two Senators. Both Senators shall at no time be chosen from the same county.
Thirty-second .- The county of Lafayette the thirty-second district, and elect one Senator.
Thirty-third .- The county of Panola the thirty-third district, and elect one Senator.
Thirty-fourth .- The counties of Coahoma, Tunica and Quitman the thirty-fourth district, and elect one Senator.
Thirty-fifth .- The county of DeSoto the thirty-fifth district, and elect one Senator.
Thirty-sixth .- The counties of Union, Tippah, Benton, Marshall, and Tate the thirty-sixth district, and elect three Senators. The counties of Tate and Benton shall be entitled to one, the counties of Union and Tippah one, and the county of Marshall one.
Thirty-seventh .- The counties of Tishomingo, Alcorn, and Prentiss the thirty-seventh district, and elect one Senator.
Thirty-eighth .- The counties of ['Monroe, Lee, and Itawamba the thirty-eighth district, and elect two Senators, one of whom shall be a
1252
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
resident of the county of Monroe and the other a resident of Lee or Itawamba Counties.
SEC. 256. The Legislature may, at the first session after the federal census of 1900, and decennially thereafter, make a new apportionment of Senators and Representatives. At each apportionment each county then organized shall have at least one Representative. The counties of Tisho- mingo, Alcorn, Prentiss, Lee, Itawamba, Tippah, Union, Benton, Marshall, Lafayette, Pontotoc, Monroe, Chickasaw, Calhoun, Yalobusha, Grenada, Carroll, Montgomery, Choctaw, Webster, Clay, Lowndes and Oktibbeha, or the territory now composing them, shall together never have less than forty-four Representatives. The counties of Attala, Winston, Noxubee, Kemper, Leake, Neshoba, -Lauderdale, Newton, Scott, Rankin, Clarke, Jasper, Smith, Simpson, Copiah, Franklin, Lincoln, Lawrence, Covington, Jones, Wayne, Greene, Perry, Marion, Pike, Pearl River, Hancock, Harrison, and Jackson, or the territory now composing them, shall together never have less than forty-four Repesentatives; nor shall the remaining counties of the State, or the territory now composing them, ever have less than forty-four Representatives. A reduction in the number of Senators and Representatives may be made by the Legis- lature if the same be uniform in each of the three said divisions; but the number of Representatives shall not be less than one hundred, nor more than one hundred and thirty-three, nor the number of Senators less than thirty, nor more than forty-five, provided that new counties hereafter created shall be given at least one Representative until the next succeed- ing apportionment. (Laws 1904, ch. 172).
(1869, Art. IV, Secs. 34 and 35.)
ARTICLE XIV.
GENERAL PROVISIONS.
SEC. 257. The political year of the State of Mississippi shall com- mence on the first Monday of January in each year.
(1869, Art. IV, Sec. 6, and Art. XII, Sec. I.)
The terms of all State and county elective officers must begin on this date. Williams v. State, 49 Miss., 640.
SEC. 258. The credit of the State shall not be pledged or loaned in aid of any person, association, or corporation; and the State shall not become a stockholder in any corporation or association, nor assume, redeem, secure, or pay any indebtedness or pretended indebtedness alleged to be due by the State of Mississippi to any person, association, or corporation what- soever, claiming the same as owners, holders, or assignees of any bond or bonds, now generally known as "Union Bank" bonds and "Planters Bank" bonds.
(1832, Art. VII, Sec. 9; 1869, Art. XII, Sec. 5, and amend- ment I.)
------
-
-
1253
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
SEC. 259. No county seat shall be removed unless such removal be authorized by two-thirds of the electors of the county voting therefor; but when the proposed removal shall be toward the center of the county, it may be made when a majority of the electors participating in the election shall vote therefor.
This section authorizes any taxpayer to enjoin violation of its provisions, although the Attorney-General and district attorney, either or both, may have refused to intervene. Simpson County v. Buckley, 81 Miss., 474 (33 So., 650).
The section has no application to an act which provides for an election to determine the question of removal of the seat of justice of a county judicial district. Hinton v. Perry County, 84 Miss., 536 (36 So., 565).
This section probably has no application to a statute provid- ing for an election to determine the question of removal of a seat of justice of one of the judicial districts of a county having two such districts. Hinton v. Perry Co., 84 Miss., 537 (36 So., 565).
If applicable it requires a two-thirds vote unless the removal be towards the center of the district, in which case a majority vote is sufficient. Ib.
By the terms of this section county seats throughout the State became fixed at the place where they were then located. They must remain until removed as prescribed in this section. County v. Buckley, 85 Miss., 729 (38 So., 104).
Whether the Legislature can restrict the voters in the selection of a county site to a designated point. Quaere. Ib.
SEC. 260. No new county shall be formed unless a majority of the qualified electors voting in each part of the county or counties proposed to be dismembered and embraced in the new county, shall separately vote therefor; nor shall the boundary of any judicial district in a county be changed, unless, at an election held for that purpose, two-thirds of those voting assent thereto. The elections provided for in this and the section next preceding shall not be held in any county oftener than once in four years. No new county shall contain less than four hundred square miles; nor shall any existing county be reduced below that size.
(1817, Art. VI, Sec. 19; 1832, Art. VII, Sec. 17; 1869, Art. IV, Sec. 37.)
This section does not prevent the Legislature from dividing a county into two judicial districts. Alfred v. State, 37 Miss., 296.
The last clause of the section limits legislative discretion only as to area. Portwood v. Montgomery Co., 52 Miss., 523.
The section has no application to changes in the boundaries of counties. Lindsley v. Coahoma County, 69 Miss., 815 (II So., 336).
----
·
1254
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
The section expressly recognizes that there may be separate judicial districts in a county. Ib.
The section has no application to an act which provides for an election to determine the question of removal of the seat of justice of a county judicial district. Hinton v. Perry County, 84 Miss., 536 (36 So., 565).
The Act of 1902, p. 172, providing for an election to determine the question of the removal of the seat of justice of the first judicial district of Perry County does not violate this section. Hinton v. Perry County, 84 Miss., 537 (36 So., 565).
SEC. 261. The expenses of criminal prosecutions, except those before justices of the peace, shall be borne by the county in which such prose- cutions shall be begun; and all net fines and forfeitures shall be paid into the treasury of such county. Defendants, in cases of conviction, may be taxed with the costs.
The section took effect on the adoption of the Constitution, November 1, 1890; and was not suspended by Sec. 274. Warren County v. Stone, 69 Miss., 375 (11 So., 4).
The fines provided for by statute (Code 1880, § 1050; Code 1892, § 3552 : Code 1906, § 4050) to be imposed on railroads for failure to maintain signs at road crossings are not within the section. Board of Education v. Mobile, etc., R. R. Co., 71 Miss., 500 (14 So., 445).
SEC. 262. The board of supervisors shall have power to provide homes or farms as asylums for those persons who, by reason of age, infirmity, or misfortune, may have claims upon the sympathy and aid of society; and the Legislature shall enact suitable laws to prevent abuses by those having the care of such persons.
(1869, Art. XII, Sec. 29.)
SEC. 263. The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of negro blood, shall be unlawful and void.
SEC. 264. No person shall be a grand or petit juror unless a qualified elector and able to read and write; but the want of any such qualification in any juror shall not vitiate any indictment or verdict. The Legislature shall provide by law for procuring a list of persons so qualified, and the drawing therefrom of grand and petit jurors for each term of the circuit court.
The section does not discriminate between the races, nor does it violate the Constitution of the United States. Gibson v. Mississippi, 162 U. S., 565; Williams v. Mississippi, 170 U. S., 213.
The section was suspended in its operation by Section 274. Nail v. State, 70 Miss., 32.
·
1255
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
The section, construed with Section 244, requires a juror to be able to read any section of the Constitution. Mabry v. State, 71 Miss., 716 (14 So., 267).
An objection that a juror is an alien and therefore not a qualified elector cannot be made under this section after verdict. Fulcher v. State, 82 Miss., 630 (35 So., 170).
It is not cause for reversing a conviction of murder that it was discovered after verdict that one of the jurors was not a qualified elector, and had not been drawn on the venire, but had been summoned by mistake in place of a person of the same name who was drawn. Tolbert v. State, 71 Miss., 180 (14 So., 462).
The object of this section was to provide a method whereby duly qualified juror: might be procured, but the details of the plan were committed to the judgment of the Legislature Posey v. State, 86 Miss., 151 (38 So., 324).
The language expressly negatives the idea that the validity of an indictment or verdict was to be dependent on the qualifica- tion of the jurors composing the panel. Ib.
SEC. 265. No person who denies the existence of a Supreme Being shall hold any office in this State.
(1817, Art. VI, Sec. 6; 1832, Art. VII, Sec. 5; 1869, Art. XII, Sec. 3.)
SEC. 266. No person holding or exercising the rights or powers of any office of honor or profit, either in his own right or as a deputy, or while otherwise acting for or in the name or by the authority of another, under any foreign government, or under the government of the United States, shall hold or exercise in any way the rights and powers of any office of honor or profit under the laws or authority of this State, except notaries commissioners of deeds, and United States Commissioners.
(1817, Art. III, Sec. 27, and Art. VI, Sec. 15; 1832, Art. VII, Sec. 13; 1869, Art. XII, Sec. 3.)
The office of city assessor is an office held within the authority of the State within this section. Kierskey v. Kelly, 80 Miss., 803 (31 So., 901).
The only thing prohibited by this section is the actual holding of the two incompatible offices at the same time. Ib.
One kept out of the office by a contest for it is not holding the office. Ib.
SEC. 267. No person elected or appointed to any office or employment of profit under the laws of this State, or by virtue of any ordinance of any municipality of this State, shall hold such office or employment without personally devoting his time to the performance of the duties thereof.
The section does not affect the right of the Superintendent of the Institute for the Blind to recover upon a contract for pro- fessional services as a physician, rendered during a short absence
-----
1
1256
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
in the summer vacation when all the pupils of the institution had been removed to their homes. Fairley v. Western, etc., Co., 73 Miss., 6 (18 So., 796).
SEC. 268. All officers elected or appointed to any office in this State, except judges and members of the Legislature, shall, before entering upon the discharge of the duties thereof, take and subscribe the following oath: "I, -, do solemnly swear [or affirm] that I will faith- fully support the Constitution of the United States and the Constitution of the State of Mississippi, and obey the laws thereof; that I am not disqualified from holding the office of -; that I will faithfully discharge the duties of the office upon which I am about to enter. So help me God."
(1817, Art. VI, Sec. 1; 1832, Art. VII, Sec. 1; 1869, Art. XII, Sec. 26.)
The act of an officer who has not taken the oath is not void. Rhodes v. McDonald, 24 Miss., 418; Marshall v. Hamilton, 41 Miss., 229; Cooper v. Moore, 44 Miss., 386.
Unless a statute declares them so. McNutt v. Lancaster, 9 Smed. & M., 570; Pickens v. McNutt, 12 Smed. & M., 651.
SEC. 269. Every devise or bequest of lands, tenements, or heredita- ments, or any interest therein, of freehold or less than freehold, either present or future, vested or contingent, or of any money directed to be raised by the sale thereof, contained in any last will and testament, or codicil, or other testamentary writing, in favor of any religious or ecclesi- astical corporation, sole or aggregate, or any religious or ecclesiastical society, or to any religious denomination or association of persons, or to any person or body politic, in trust, either express or implied, secret or resulting, either for the use and benefit of such religious corporation, society, denomination, or association, or for the purpose of being given or appropriated to charitable uses or purposes, shall be null and void, and the heir at law shall take the same property so devised or bequeathed, as though no testamentary disposition had been made.
The section applies to wills made before the adoption of the Constitution, where the testator did not die until afterwards. Blackbourn v. Tucker, 72 Miss., 735 (17 So., 737).
Under the section, a will giving lands and personal property to an educational association in trust for erecting and maintain- ing a college is void as to the realty. Ib.
SEC. 270. Every legacy, gift, or bequest of money or personal property, or of any interest, benefit, or use therein, either direct, implied, or other- wise, contained in any last will and testament or codicil, in favor of any religious or ecclesiastical corporation, sole or aggregate, or any religious or ecclesiastical society, or to any religious denomination or association, either for its own use or benefit, or for the purpose of being given or appropriated to charitable uses, shall be null and void, and the distributees
1257
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
shall take the same as though no such testamentary disposition had been made.
Under the section, a will giving lands and personal property to an educational association in trust for erecting and maintaining a college is valid as to the personality. Blackbourn v. Tucker, 72 Miss., 735 (17 So., 737).
The section applies to wills made before the adoption of the Constitution, where the testator did not die until afterwards. Ib.
SEC. 271. The Legislature may provide for the consolidation of exist- ing counties, if a majority of the qualified electors of such counties voting at an election held for that purpose shall vote therefor.
SEC. 272. The Legislature shall provide by law pensions for indigent soldiers and sailors who enlisted and honorably served in the Confederate Army or Navy in the late Civil War, who are now resident in this State, and are not able to earn a support by their own labor. Pensions shall also be allowed to the indigent widows of such soldiers or sailors now dead, when from age or disease they cannot earn a support. Pensions shall also be allowed to the wives of such soldiers or sailors upon the death of the husband, if disabled and indigent as aforesaid. Pensions granted to widows shall cease upon their subsequent marriage.
ARTICLE XV.
AMENDMENTS TO THE CONSTITUTION.
SEC. 273. Whenever two-thirds of each house of the Legislature shall deem any change, alteration, or amendment necessary to this Constitution, such proposed change, alteration, or amendment, shall be read and passed by a two-thirds vote of each house respectively, on each day, for three several days; public notice shall then be given by the Secre- tary of State, at least three months preceding an election, at which the qualified electors shall vote directly for or against such change, alteration, or amendment; and if more than one amendment shall be submitted a: one time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately; and if it shall appear that a majority of the qualified electors voting shall have voted for the proposed change, alteration, or amendment, then it shall be inserted by the next succeeding Legislature as a part of this Constitu- tion, and not otherwise.
(1817, Art. "Mode of Revising," etc., Sec. 1; 1832, Art. "Mode of Revising," etc., Sec. 1; 1869, Art. 13.)
It is essential to a valid amendment that two-thirds of the members of each house shall vote in favor of the same on three several days. Green v. Weller, 32 Miss., 650.
.Whether the submission to the people of an amendment to the Constitution be legal or illegal is a judicial question, and not a political or legislative one. State v. Powell, 77 Miss., 543 (27 So., 927).
----
1258
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
Whether the people have or have not adopted a submitted amendment to the Constitution is a judicial question, and not a political or legislative one. Ib.
The submission of more than one proposed amendment to the Constitution in such manner and form that the people can- not vote for or against each separately, is unlawful, and the courts will determine whether a proposal, without reference to its form, embodies one or more amendments. Ib.
An amendment to the Constitution, under the section, has not been adopted if it failed to receive a majority of the votes cast, including all those voting at the election, whether they vote for or against the amendment or only for candidates for office. Ib.
If a proposed amendment to the Constitution be submitted at an election at which officers are voted for, the double purpose of the election does not make it two elections; and all votes cast at the election are to be counted in determining whether the amendment be or be not adopted, the election on the amendment not being special or separable. Ib.
SCHEDULE.
THAT no inconvenience may arise from the changes in the Constitution of this State, and in order to carry the new Constitution into complete operation, it is hereby declared that-
SEC. 274. The laws of this State now in force, not repugnant to this Constitution, shall remain in force until amended or repealed by the Legislature, or until they expire by limitation. All statute laws of this State repugnant to the provisions of this Constitution, except as pro- vided in the next three sections, shall continue and remain in force until the first day of April, A. D. 1892, unless sooner repealed by the Legislature.
The section did not suspend the operation of Sec. 261. Warren County v. Stone, 69 Miss., 375 (11 So., 4).
The section suspended Sec. 264. Nail v. State, 70 Miss., 32 (11 So., 793).
The section continued in force the existing statute (Code 1880, § 531), fixing the time for redemption from tax sales, until April 1, 1892, notwithstanding Sec. 79. Judah v. Brothers, 71 Miss., 414 (14 So., 455).
The section did not suspend Sec. 171, as to jurisdictional amount. Illinois, etc., R. R. Co. v. Brookhaven, etc., Co., 71 Miss., 663 (16 So., 252).
The section did not suspend Sec. 104. Adams v. Illinois, etc., R. R. Co., 71 Miss., 752 (15 So., 640).
The section suspended Sec. 79 and the right to redeem land from a tax sale made in March, 1891, was limited, under existing statutes (Code 1880, § 531), to one year after the sale. Le Blanc v. Illinois, etc., R. R. Co., 72 Miss., 669 (18 So., 381).
---
1259
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
SEC. 275. All laws of this State which are repugnant to the following portions of this Constitution shall be repealed by the adoption of this Constitution, to wit: Laws repugnant to-
(a) All the ordinances of this convention;
(b) The provisions of Sec. 183, prohibiting counties, cities, and- towns from voting subscriptions to railroad and other corporations or associations;
(c) The provisions of Secs. 223 to 226, inclusive, of Art. 10, pro- hibiting the leasing of penitentiary convicts.
SEC. 276. All laws of the State which are repugnant to the provisions of Secs. 240 to 253, inclusive, of Art. 12, on the subject of franchise and elections, shall be and remain in force until the first day of January, A. D. 1891, and no longer.
The section suspended Sec. 241. Nail v. State, 70 Miss., 32 (II So., 793).
"SEC. 277. All laws of this State which are repugnant to the provisions of Art. 13, Secs. 254 to 256, inclusive, on the subject of apportionment of Representatives and Senators in the Legislature, shall be and remain in force until the first day of October, A. D. 1891, but no longer.
SEC. 278. The Governor shall, as soon as practicable, appoint three suitable persons, learned in the law, as commissioners, whose duty it shall be to prepare and draft such general laws as are contemplated in this Constitution, and such other laws as shall be necessary and proper to put into operation the provisions thereof and as may be appropriate to conform the general statutes of the State to the Constitution. Said commissioners shall present the same, when prepared, to the Legislature at its next regular session; and the Legislature shall provide reasonable compensation therefor.
SEC. 279. All writs, actions, causes of action, proceedings, prosecu- tions, and rights of individuals and bodies corporate, and of the State, and charters of incorporation shall continue; and all indictments which shall have been fouud, or which shall hereafter be found, and all prose- cutions begun, or that may be begun, for any crime or offense committed before the adoption of this Constitution may be proceeded with and upon as if no change had taken place.
Section applied. Board of Education v. Mobile, etc., R. R. Co., 71 Miss., 500 (14 So., 445).
A corporation which, since the adoption of the Constitution, has lost its individual corporate existence by a consolidation with another company, can claim no benefit under the section of a previous exemption from taxation of one of its constituent companies. Adams v. Yazoo, etc., R. R. Co., 77 Miss., 194 (24 So., 200, 317; 28 So., 956); Yazoo, etc., R. R. Co. v. Adams, 180 U. S., I.
1260
FOURTH CONSTITUTION OF THE STATE OF MISSISSIPPI.
SEC. 280. For the trial and determination of all suits, civil and criminal, begun before the adoption of this Constitution, the several courts of this State shall continue to exercise in said suits the powers and jurisdictions heretofore exercised by them; for all other matters said - courts are continued as organized courts under this Constitution, with such powers and jurisdiction as is herein conferred on them respectively.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.