Newsom v. Cocke

Citations

• 44 Miss. 352

Syllabus

<p>1. Oppioes and franchises — Ancient proceedings to try. — The ancient anti appropriate proceeding to try and determine the right and title to all offices and franchises was under the writ of quo warranto.</p> <p>2. Same — Proceedings to tby the bight under the statute_By our statute regulating informations in the nature of a quo warranto, this old romedy is not only preserved, hut rendered more convenient and expeditious, and is declared the appropriate proceeding to try the right to any office in this stato, civil or military, or in-any county or town thereof. This, then, is, emphatically, the constitutional and proper mode of proceeding for the trial of title to offices.</p> <p>3. Constitutional law — Temporary provisions. — Art. 12, sec. 6 of the constitution of Mississippi is a provision temporary in its charactor, which will cease to be operative when all the departments of the government are organized and in operation.</p> <p>4. Tenure oe opfice — Powee oe removal. — In the absence of all constitutional provision or statutory regulation, it would seem to be a sound and necessary rule to regard the power of removal as incident to the power of appointment.</p> <p>5. Statutes — Construction—Presumptions—In oases of doubt, every possible presumption will bo made in favor of the constitutionality of the act in question» and courts will interfere only in oases of clear and unquestioned violation of th® fundamental law. But where the violation of the constitution is clear, the argument db inoonvenienli will have but little weight. Sodgw. on Stat. and Con. Law, 482.</p> <p>6. Same — Doubts.—Where .tlio meaning of a constitutional clause is doubtful, a statute alleged to be in violation with it must be held valid. 3 Serg. & Rawle,'C3, 73.</p> <p>■ 7. Tenuee op oppioe — County officers — Removal.—All county officers, without exception, after their election by the qualified voters of the county, shall hold their respective offices until removed upon conviction under a