MISSISSIPPI. 



515 



ted Union and Planters' Bank bonds. We are op- 

 posed to the diversion of the Trust Funds of the 

 State, as contemplated by the legislation of the re- 

 cent session, but in favor of their proper application 

 to the education of the children of tlie State, and we 

 demand the repeal of all laws in conflict with this 

 declaration. We are in favor of biennial sessions of 



stitutes no portion of the full terms which the first 

 civil officers were authorized and required to hold. 



4. That all officers elected in 1869, and qualified 

 under the Constitution, were entitled to full con- 

 stitutional terms from the first Monday in January 



1871. 



5. That the terms of the present State officers con- 

 tinue until January, 1875, and until their successors 

 are duly elected and qualified. 



UL.U, iiuauv 6. That their successors cannot be constitutionally 



We pledge to the people our earnest and heart-felt elected until the first Tuesday succeeding the first 

 sympathy in the struggle which they now maintain, Monday in November, 1874. 







the Legislature, and if the people shall grant us, we 

 will amend the constitution of the State to that end ; 

 and. finally 



in supplying the demands of the tax-gatherer, to re- 

 duce which, without impairing the efficiency of the 

 government, and to make the tax equal and uniform, 

 with no discriminations in favor of monopolies, we 

 now make our most solemn vow. 



At this time the question was raised as to 

 the legality of holding an election for State offi- 

 cers during the present year. The constitu- 

 tion, it was claimed, contemplated biennial 

 elections, while the statutes, which were con- 

 flicting and ambiguous, seemed to authorize 

 annual elections. Acting upon the opinion of 

 tlie Attorney-General, to whom the question 

 had been submitted, that an election during 

 the present year was prohibited by the con- 

 stitution, and that the laws which were con- 

 strued to require it were in violation of that 

 instrument, as well as in conflict with each 

 other, Governor Powers, on the 30th of Sep- 

 tember, issued a proclamation to the following 

 effect: 



The accompanying official opinion of the Attor- 

 nev-Gcneral of the State is published for the con- 

 sideration and guidance of the executive civil au- 

 thorities of the several counties. 



The Chief Executive is firmly convinced, after the 

 most full consultation with the Attorney-General 

 and leading members of the bar in various portions 

 of the State, and after the most anxious reflection 

 upon the grave subject here discussed by the Attor- 

 uey-Gcneral, that his opinion is correct, and that 

 according to the constitution no election should bo 

 held in this State until November, 1874, when mem- 

 bers of Congresii and all the State and county offi- 

 cers will be elected together, and the double and 

 unnecessary expense of annual elections avoided for 

 all future time. 



It is the purpose of the Executive to assemble the 

 two Houses of the Legislature, at an early day, in 

 extraordinary session, that they may provide, by 

 appropriate legislation, for the general election to 

 be held on the first Tuesday after the first Monday 

 in November, 1874. 



He, therefore, appeals to the people of all parties, 

 and enjoins it upon all the officers of the State and 

 of the several counties, to aid him in carrying into 

 effect the provisions of the constitution beiirmg on 

 this important subject. 



Accordingly, there was called an extra ses- 

 sion of the Legislature, which convened on the 

 20th of October. In his message to that body, 

 Governor Powers, after reviewing the author- 

 ities and arguments in favor of the position he 

 had taken, stated the following conclusions : 



1. That the constitution and civil government was 

 established on the 28d of February, 1870. 



2. That the first political year under the constitu- 

 tion commenced on the first Monday in January, 

 1871. 



8. That the fractional period of ten months, ex- 

 isting between the two last-mentioned dates con- 



As a solution of the difficulty, the Executive 

 recommended that the Legislature should 

 "repeal the present unconstitutional provi- 

 sions of the election Jaw ; provide for a general 

 election in 1874, and biennially thereafter; 

 place our legislation in harmony with the let- 

 ter, spirit, and intention of the constitution, 

 and thus save the State from imminent dis- 

 cord and disgrace, and consequent financial 

 embarrassment, to say nothing of still graver 

 consequences ; save to the pockets of our over- 

 burdened tax-payers the hundreds of thou- 

 sands of dollars which are expended in our 

 annual elections ; save the people from the de- 

 moralizing effects of annual campaigns, and 

 the labor, political strife, and the neglect of 

 private interests, which they always produce ; 

 save them from all those damaging and disas- 

 trous consequences which blight their political 

 and material welfare, and render many of them 

 indifferent to the results of elections, however 

 important, instead of having every voter ac- 

 tively interested in securing and maintaining 

 good government." 



The Legislature, however, discussed the 

 question, but adjourned without taking any 

 action in relation thereto, having in the mean 

 time afforded relief to the people by extending 

 the time for the payment of taxes to February 1, 

 1874, and repealed the law exempting railroads 

 from taxation. 



The election was held November 4th, and 

 resulted in the success of the Ames ticket. 

 The whole vote cast was 127,211, of which 

 Ames received 74,807, and Alcorn, 52,904, 

 making the majority for the former 21,403. 

 The political classification of the Legislature is: 



After the election a teet case was prepared, 

 and presented to a judicial tribunal to deter- 

 mine the validity of the laws under which it 

 had been held. Early in January, 1874, a de- 

 cision was rendered by the Supreme Court 

 declaring the law constitutional, and conse- 

 quently the election valid. 



The'revenue realized from all sources during 

 the past four years has not been sufficient to 

 meet the expenses of the government, as will 

 appear from the following comparative state- 

 ment: 



