Brady v. West

Citations

• 50 Miss. 68

Syllabus

<p>1. Election — New Counties. — Art. IV., sec. 37 of Const., and art. Y., sec. 13. Under those sections of the constitution empowering the legislature to create new counties, and declaring that all vacancies (in offices) not provided in the constitution, shall he filled in such manner as the legislature may prescribe. The act of the legislature conferring power upon the governor to appoint a chancery clerk for the newly created county, to continue in office until the next general election, is constitutional and valid.</p> <p>% Same. —■ Art. IV., sec. 38 of Const. — The appointment of W. by the governor would have been legal, and would have conferred the office upon, him, except that W. was a member of the legislature when the bill passed creating the new county. Being such member, he was incompetent under sec. 38, art. IV. of constitution to take and hold the office.</p> <p>3. The act of the legislature under which McC. was elected, has been by this court declared unconstitutional and void. He therefore by his eleetion acquired no right to the office.</p> <p>4. Ebb and Salary Bill — Void. — The act of the legislature, commonly called the “ fee and salary bill,” has not the effect of law. Because the bill approved by the governor, as shown by the journals of the two houses of the legislature, is not the bill that passed those bodies. The hill hears upon its face evidence of erasure and interlineations, and the use of figures, without any indication of their value, which makes it unintelligible in many important particulars.</p> <p>Quasre.— If McCracken was without valid claim, could he call in question the right of West ? If not, ought this court to pass upon it ? Per Tarbell, J.</p>