69 Miss. 815 | Miss. | 1892
delivered the opinion of the court.
There is a suggestion of incongruity in securing to every one prosecuted “ by indictment or information a speedy and
In 1867 a similar act was passed with reference to Chickasaw county. Laws of 1867, p. 617.
In 1873 (Laws, pp. 161, 166) similar acts were passed for Carroll and Yalobusha counties, which acts embraced a provision as to recording certain instruments required by law to be recorded.. The act dividing Hinds county into two districts for circuit and chancery-courts had been amended, as to recording instruments, in 1871. Laws, p. 759.
In 1874 the act, as to Carroll county, was amended (Laws
In 1878 there was similar legislation for Panola county (Laws 1878, p. 147), and an act of like nature for Marion county was passed in 1888 (Laws of 1888, p. 74), and it was amended and extended in 1890. Laws of 1890, p. 91.
The acts as to Hinds and Chickasaw counties were passed under the constitution of 1832, which contained the provisions mentioned in ¡the beginning of this opinion.
The acts as to Carroll, Yalobusha, Panola and Marion were passed under the constitution of 1869, which embraced similar provisions to those contained in the constitution of 1832, and before mentioned.
At the time of the adoption of the constitution of 1869, as already stated, there were two counties in each of which there were two districts for holding circuit and chancery courts, and the case cited above, in which the right of the legislature to create these districts was maintained, had been decided; and that constitution contains no new provision restrictive of legislative power on this subject. This is significant, and must be accepted as indicative of acquiescence in the view held in the decision named.
"When the constitution of 1890 was adopted, there were six counties, each of which had been divided into two districts for holding circuit and chancery courts, and for other purposes — indeed, for nearly every purpose pertaining to county affairs, except the election of county officers. So that, in the six counties named, the spectacle was presented of practically twelve counties in nearly all but names. "While each of the six had one name, and one set of county officers elected by the electors of the county, and was but one for certain purposes, it bad two seats of justice, two circuit and chancery courts, two court-houses, two jails, two sets of record-books. In fact, it was double as to nearly every thing that can be called county matters.
It is true that the expression “judicial district” in a county had not been used in the acts creating districts in the six counties for holding courts, and other purposes, but it is not inappropriate; on the contrary, it is quite expressive as descriptive of them, and is not applicable to any thing else in the constitution or to which it refers.
The case of Alfred v. State was argued and decided with 1’eference to the rights of the prisoner, and not with due regard to the rights and interests of the people. We would not hesitate to overrule and disregard it, were it not fob the constitutional history of the state since, from which it appears that the matter must have been before the constitutional convention, with no manifestation of dissent, but, rather, indication of approval, so far as to recognize existing conditions in this respect, and protect the districts in a county from change, without the consent of two-thirds of the voters, and from too frequent trial of the strength of the sentiment in favor of such change. The sole object of the clause of the constitution under consideration is to inhibit change of the “boundary” described. There is no interference by it with the right of the legislature to abrogate the evil of two districts in a county. The inhibition is only of a change of this line by drawing it somewhere else. The right of the legislature to alter the boundaries of counties is in no way affected by this provision, whose purpose and effect are to meet the supposed evil of proposed changes of the line drawn in the county separating the districts in it. The power of the legislature over the whole subject exists as before, except as modified by this provision.
Affirmed.