Peyton v. Cabaniss

Citations

• 44 Miss. 808

Syllabus

<p>1. Constitutional law — Pbovisional appointment by governob — Vacancies._ The governor’s power of appointment of elective officers under see. 62, art. xii, of the state constitution was exhausted in such case when once exercised. And if he had the power to fill vacancies occurring by the death of one of his appointees, it must have arisen by act of the legislature. The constitution, by sec. 13, art, v, and sec. 7, art. xri, has authorized the legislature to provide for all vacancies. And this authority was acted upon by the act of May 20, 1870, requiring the governor to fill such vacancies.</p> <p>2. Executive power oe beiioval_The executive power of removal is limited to his power of appointment.</p> <p>3. Statutes — Repeal by implication. — If a later and earlier statute conflict, the rule is that the later repeals the earlier, by necessary implication. Leges posteriores priores abrogant. 1 Steph. Comm., 76.</p> <p>i. Case at bab. — Under the act of April 20, 1870, the governor had power to fill vacancies in the office of the chancery cleric, occasioned by death of an incumbent appointed by him. But the 13th section of the chancery act of May Í, 1870., repealed that power and gave it to the chancellor.</p>