CYCLONE IN THE SENATE. Senator Maury F. Smith Makes His Position Known and Pour» a Little Vitriol Upon the Devoted Head of Our MoHt Patriotic and Self* Sacrificing (iovernor. Sharp und WithcrinK Criticism Such us Would Cut to the Quick u Man of Pride und Honor, Hut Full Hurmlcss Upon the Hide of un Ignorant Knot 1st. âl IITNAONNINANT IT A T ( OF AFFAIRS TRUTH IN AN IITNAORDINANT RAMIN. A Fearful Blow Deliverer! at a Vital Point, The Governor is Feebly Defended By His Friend». Capitol Corn Make* ffeport Interesting Proc litte« of the Houi il Annihilate* the Qovnn 'a Menage THF. MP.NATK When tin' sHfiatf? und I his morning Sow»t « *r Jh»wen« <»(f« n d h resolution r« vork« to report in full at the earliest mo vith llo building of it new c»pl on public qtitring tin* wwitr committ«*« nunt with reference to all questions on tol, and moved its llieeled loption IH to the »bjeel of the resolution, Senator Bower« full r< j*irt. not only UjKm tM-iug cntechiwd Mtnt«?d that it wan intemled to provoke from the eom tl|Min all bills I« fore them, but Upon the eapitol (|UeHtioil itself lit tee Tim I«. »le that as the eapitol hill was in pop ession of the house, the resolution vas out. of order This point I poll ft allowing that viding f"i the huildiiig of a state house now lief ore the llirre won- fu enimiiittcc. if bills |ii Senators Harris ami Boyd op|K»Hi«d the resolution on the gro try profccfling, Senator Smith, rhairiimn of the «, thut there might la id that it wan an eitrnordi vithoiit purl in m en I ft ry precedent oininiltee, contended that the resolution moving the should p nennte in its mini of tie* reaso e mci est. ion and a m to i I n position thereon. cl ion o Replying I«» Messrs. Boyd and Harrison, Senator Bowers said that it whs in power of the senate t«» require a report of anv committee and even to dictate the terms of lie* report that res«»lut ions of that character had been «-ntertnined with out objection, both at tin* present session, the committee would, «1 the last, that Ije was tulvised that », report, and that the Hmnte ha«l no right vithoiit. object,h to assume that they would tntlisgrcas any propriety, or dent in lot ly uinmier legitimately before them Bowers stated that lie luul Upon being questioned by Senator MeLauriti, Mr ibinitted the resolution to the chairman of thccoin milice on public committee had held vorks (Mr. Smith). ivho lmd approved same; that lie knew the noniing, from having heard the chnirmari He was not advised as to the floor during the meeting thb 'oilhl he held publicly announce that such a meeting the reaitIt of said meeting, except, by what had been statpd discussion of the resolut h» to what Senator Smith meant by stating that a memorial of the senate's reasons and position on the capital bill shniild be put record, Mr. Bowers referred Mr MeUaurin to Senator Nq4*,ij' lug to catch the president's eye. Henator Smith was rceogni/.i «1 and HjioJte as follows In response to an oil vho vas then try lit inswer to the questions prnpiHTIidi'd by the set districtfMt. MvLauriii) I«. the itor fnm the twenty ninth ennl«»r of tin* first district (Mr Bowel's), about op position. 1 enn say f1iR*. i do u«»t think that flu* senate has ever hern in doubt ns to where 1 stood upon any proposition or question before this body. I am in fa vor of using even what lias been nilh'd by the senator from the thirty sixth dis trict (Mr. Boyd) extrflordinary measures to unmask this extraordinary veto. Then' are many extraordinary things connected with this veto. 1 hohl now Memphis, ilated yesterday. •Hsngc of tin* governor vetoing the eapitol bill bad been communi« atcd to the legislature, asking that I would favorably consider in tuy hand and evidently written bcbu'c the letter that I received frm hat an* known as (lie Weathers »V Weathers plans This letter ns hat was not known lien* that, the Gordon plans adopted by the legislature bad been vet Bowors, was tahhal l»y a voh ndoptofl hy about I In* sn-nu* volt* vt*d t«* ninrnd tho rosolntio hy r«»st rioting I lu* n*iM»rt to tho «'nt. upon motion of Mr. onr. find tho h'-olution was thou unit too. Tho of about two to HOUMK is The house eapitol committee, after sleeping on the g concluded this morning I matter, mid ken after the house met i ernur s veto message, make a report mid let Hie house go to record on the y whether il would override or suslaiii the veto. A recess was la order Hint the eapitol i-ominitt«' might consider the matter and report. The committee had ils stenographer in the committee room, and after dictating its report, the oommitleo lmd the stenographer, to save time! read it» report to the house. This report follows The first constitutional objection made by the governor to (he effect that the commissioners, under section II» of the constitution, cannot Is- elected by the leg islature. we think isnutcnnhle That section of the constitution Is ns follows. The legislature shall not elect other tlinn ils own officers, state librarian and Uni ted States senntors; lint this Stadien shall not prohibit the legislature IMiinttng presidential electors, not in any view Is- a public office. "The ter is so. frein ap i lie piieiHou of the state house coumiissiont rean office enihmees the Idea of tenure •nd duration and certainly n position which is merely temporary and hvnl can not ordinarily lie considered nil office." Mcchcm on public officers, section a. page (I It will 1 h< ohsci veil that there is neither tenure nor duration in the office to which these commissioners arc elected. They are appointed to do a s|»vlflc act within ll pericsl of time not to extend lx-yond three years. There is no provision for anecesslon or duration and the term is to expire at no specified time On com pletiqn of the specified work oyer which they have charge their duties end. whether that work shall have l«vn completed within three years or not, While the taking of an oath and the giving of a bond is usually an incident to mi office, yet it is not essential to ninl does not constitute any part of nn office. Mecheni on pnhlic offices, section 0, page (I. Hectlon SO of the constitution rends ns iollows; ft for , ed "No person shall bo elected or appointed to office in this state for life or during good behavior, bnt the of all offiow shall Ik* for somy kjkm'UUhI (M'riod. !'. • It Will thus Is- sis'u that independent of Hie general law upon thesnbject onr constitution his clearly defined one of the ess -ntinl elements of an office, which Is that it ahull be for.some "s|>cciHcd (icriod." A commissioner »pointed to sniiertntead the cnctlen ot a state house I» not a public officir Mechem on public officers, page section Thesnpjftuc court of the state of Illinois, in •truing a g&tlct ton« a very elalsirnte opinion, con dr state constitution almost identical with onr* held that doners were not public officers. Umm the erase com JftLi. "The Icgblature iTftjat stale had |iasscd " '^jl^previmn > f rll - m?' 1 hlW ' hy tlie legislature u wi hare done. 1 he question was taken tJflwcourts and the court held ZTSl? commissioners appointed under this act »re not officers within the ****?! the Constitution but mere ngenls or employ es for a siimle ... i ° ""'•"'"fi Of vs people, -là, 111, of a »X I tntioufl^ provision which the court won cotuitmin^ in aa follows Election of all officers anil the filling of all vacancies which may happen by death, resignation or removal, not otherwiae directed or provided for by this constitution Khali be made in such manner as the general assembly »trail direct, provided that no such officer shall lie elected bjr the general assembly.* The court, in rendering this decision. pAMMed upon moat of the canes cited by the governor in his message, including the United States vs. Morris, reported in 2 Brock. Io:». It was, shown by the court that the office in this latter case was a continuing office We have examined the different authorities cited by the governor in his message and wo find that the office in question was a continuing one. In Shelby v*. Alcorn. X Miss., p. 275), our supreme court held that a levee commissioner in Mississippi in a civil officer. This office is a continuing one. Its term is fixed It has duration and the office continue« aft*r the expiration of the term of any individual who is elected to the office Th** cas«*, in our opinion is not at all analogous The same is true of the cas«* of Hill vs Boyland. 40 Miss., page 618. This precise constitutional question has lieen passed upon by the mendiera of our own supreme court by request of the legislature in 1804 regarding the power of the legislature to appoint commis sioners to locate and establish convict farms in the state, and also whether or not tlia position could Is* filled by members of that legislature. It i* as follows To Hon J. M .Slone: Sir Responding to your communication of thin date, requesting our opinion whether it is competent for the legislature to elect the coin mission»*rs charged with the duties of selecting the farm (penitentiary), and whether it is prohibited from selecting its own members, we say We have considered the matter and are of the opinion that neither section 45 nor section W) of the constitution applies, because the commissioners provided for are not of ficers, and their position will not Ik? an office within the contemplation of the constitution, although it seems quite clear that the spirit of the constitutional inhibition mentioned is against the selection of legislators under such circum «tances. The services to be rendered by the commissioners partake more of tin* nature of an employment for the aeeoinplishment of a particular object than of an office; it lacks the characteristics of an office, and i- of a if transient nn very tun-, and will termiimtr with the |>erf(>nimiice of the duty assigned wherefore wo conclude tlmt the commissioners will he employe* merely and not officers. The decisions in one own state and elsewhere aronnne-rims in support of onrview. We liuvi' I lie honor to snlmoriho •selves J. A I' Cm ipbell, Ti: Iv Co« .»per and Thomas H. Woods Hoe senate journal, pages 2 By reference to m\ M of the enforcing act, of the code, page I HI, it will bo en that the legislature of 181)2 did just exactly what we have (lone inj this in stance by selecting H H. Thompson to arrange and number the chapters and sections, etc of that code. 6. Tho message of the governor, in eoinmeuting upon this opinion, states that, "in that opinion it was intimated that the spirit of the constitution was against such election." It will he observed that the court intimated that the spirit of the constitution was simply against the election of legislators t< under such circumstances under section 45 of theemmtituth that position i, and not section 1)0. We the think the new constitutiona^objection mentioned i equally untenable. In the first placent constitution was strictly cj>mJV«*ry particular, and not only that, irictly complied with another section, 62, of tho constitu tion, to which the governor fails to refer,as which is also true, as matter of fact. the messages uirnals show that section 50 of tnt* but we literally and (•rifled by tho journals of the house, All reference of the governor's message to the constitution prior to the constitution of 18!)() has no reference, and cannot be considered authority, in this case, when the tw strictly and literally complied with in every particular wholly unauthorized. His constitutional objections as to adopting plans and specifications in the bill is entirely without merit. By reading of tho bill it will be seen that the plans and specifications referred t sinners are directed and instructed to tuk ectii s above quoted wert are no part or the bill itself, but the commis* •barge of the Gordon plans, drawings and specifications, and to build a state house substantially and as near as practi cable therewith. We find on file with Mr. Gordon's plans the it< that the basement of the building he proposes to build, shall he of granite, col (linns of ((olishcd marble, capitals and bases of marble; the entire superstructure of marble; tlmt the length of the building shall he :!l I feet, the necks on each side of the rotunda (III feet 2 inches; entire structure fireproof ; the first story of the rotunda wainscoted its full bight walls of the house of representatives, senate, supreme courtroom and governor's reception rooms and halls on first, second and third Hour to ho wainscoted with polished marble; the floor of the rotunda to he of marble -rat specifications, which say id til 17!l feet, across with polished marble; very small mosaics in piecos, with the coat of units of the stale of Mississippi Inln'd in different colored marbles. The floors to he of marble in all halls and corridors; all inside steps to lie of mnrblo; outside steps of granite; the building to lie piped and wired for electricity mid gas; heated throughout with steam; concrete foundation of the best quality known to enginering. and with Hansom patent twisted iron con struction throughout; stationary chemical lire engine in basement: the dome of the building to lie built of masonry or steel skeleto principle as the tall buildings in largo cities; thoroughly fire proof to prevent any contact with lient. The wings of this eapitol are modeled somewhat after the plans of eleven courthouses which Mr. Gordon has designed and had erected in Texas during the past few years, contour of the house, senate and supreme court and gi will bo shaped to possess perfect acoustic property, all being On examination we find that the specifications presented by Mr. Gordon are as full as the specifications presented by any architect on a preliminary study, and that, when the commission is appointed detailed specification will he furnish cd, with the assistance of the supervising architect, and that lie •on.stniction upon the same Mr. Gordon's specifications atato that all the 'cruoi's reception room mtside rooms. ill do every thing as is usually done in all buildings and in accordance with the plans sub mitted to this legislature. We desire to say that if Mississippi can 1» «observed and advantaged by nay sacrifice of ours. •e arc ready for that sacrifice, whether i! be political or whoth or it be of our lives. Mississippi's Sliamc. At the end of a comment on the extraordinary situation at Jackson, the Mo bile Register says; "Ever since the cnpjtol hill lias been before the I much mystery about it sooner lie is smoked out the letter it wilj he for the people of Mississippi. The "mystery" dates farther back tha the legislature." But the Register is right, the view of clearing up the'iimlodorous atmosphere that hangs iirou„>j the capi tol- Questions are 1 icing put by tax payers and citizens jealous of the good of the state, that call for answer For one thing, what is the explanation to tiie singular action of the eapitol committee, In so far exceeding the power delegated by the legislature? What motive conid have lni|u |joi] it to adopt the Wrathe plan, and reject the others? The law slature, there has been There is a 'nigger in tho woodpile' somewhere, and the hell "the eapitol hill •cut before An iiivestigniidj; should ho had with IJNillD r> plainly did n*d d/reet or cM»ntemplate the surrender of the legislnlare over the decision between the plan« ngbinitted. that llw trnnsixnHwion sonns tla^nmi. Now what was flit» inotivt* for such usur Mio powor or tho indui'(Mii('iit hohind tlu* oxtraordiiinry partisanship of this Woatluis pj;in. that has boon so loiitioii «'f inomliors of tho lotfislatufw l«*yf>n«l ovorythniK ois.» in oonnw lion tho now on pi tol soliomc? Who soiut the Evening Tost well says: "It appears tliat someliody is having np investigation made as to Architect Gonlon's record In Texas, From the disnm,,« )q ffg. Mississippi senate Mr Gortlon has an excellect record, if his plans and upeWßcatuw* nie all rb-ht the legislature should stick to them." A legislative investigation should tw Invite,) hy fb» governor, )f for no other reason than to relieve hlms,.lf of the demi» aroused by bU }wir of message, ft hy should he have sent in so singular anil self contradictory comnmnhTttonf Why did he invite the brand put upon his statements bv the lieutenant governor nmltlie «Mwr- » psiufnUy ncccntuntoil hy his swoml message* This issne for the sake of M!ssl*.l|,|4, ought not to be left in its present shape. It is hmnll. atlng and sliamefnl It Is the ream'd vmlgn™! in the two messages, with the liosnre, they elected.--Vieksbnrg Herald. The esteemed New Attmny Gazette thluks that; , . ,l » >'»1« h«nl that the people should pay *SO.l»0 for the privilege of bring idaoetl In debt, and then have the whole thing knocked in to » pie hv the governor for*, other reason, than, that none of the imperial family were allow ed a finger in lt. 1 w ex The Jackson Southern Investor, eonu.tiitinir msin the fsltmv, t >■. i 10 I™'idefor building a capitol. loî'SS «rs Tariff ,ra Wul»® to progress threughout He. slate ' Afts r icad.nv he reno!? "" P»bHe works we r.r - satisfie>'lhat tiie role . . I \ . Was Poe a Placlarlat? Forty-four year» ago the charge of plagiarism which Edgar Alleu Poe made with sni-h vigor against Longfellow and others was hurled at him with equal vigor by a writer in the Waverly Magaaine (July 80, IS5S), who signed himself "Fiat Justitia, " This writer was Thomas Holley Chivers, M. D., who had published at least one volume of verse. (1837), and who accused Poe of imitating his (Chivers) style and thought in "The Baven,' "Annabel Lee," and other poems. The controversy growing out of this charge, and which waxed warm and ex tended over several months, says the Literary Digest, is of interest as one of the episodes of literary history, and is revived by Joel Benton in the Forum for May. Mr. Benton lf my be If ill. dutiful Lily Adair." < 'hivers himself, in the first place, based hi4 charge of plagiarism upon the likeness of Poe's "Raven" to "Allegra in Heaven," a poem appearing in Oliver's book, "The Lost Pleiad and Other Poems," published in 1842 and reviewed in the highest tenus by Poe in The Broadway Journal in 1845. Here are some of the lines from "Allegra in Heaven": r are bending to receive ll»y seul ascending •Holy angels Vp to Hefiv While thy pale cold form Is fading und which Is pcrvadhlE t 'tiding, and to bliss which Is divine. •n t«> Joys v,sli;*dlng* Death's dark w! » pe n broken heart of mine; spirit, up to Heaven there to Inherit *rlt, such ns morrow lay thy body with deep sorrow. Thee wliiigl« And as (Jod doth lift Those iiUftU'iL which It doth Thy m-arfathe. will to rlilcli Is ! > have reaped before; narrow, there to rest forevc In the grave Other lines from the same poem illustrate the ridiculous side of Chiver's work; ••As an egg, when broken, never can Ik' mended, but must ever He the same crushed egg forever, so shall this dark heart of mine. Which, tho broken, Is si It I breaking, and shall nevermore cease aching. For the sleep which has no waking for the sleep which now is thine!" Mr. Benton winds up his examination of the controversy with tho following conclusions: ' The upshot of this cursory consideration of the voluminous controversy beginning before Poe died, and virulently continued for some years after his death—shows that Poe knew Chiver's works and paid attention to him in more than one reference. The literary representatives of the minor poet appear, also, to bring forward some striking examples of verse which he wrote, which was outwardly like Poe's, and which considerably antedatod 'The Bells,' 'The Raven' and Annabet»Lee,' on which Poe's poetic fame rests. "What conclusion must be drawn from these facts? Each reader will be certain to make his own. No critic will doubt that to Poe belonged the wonder ful magic and mastery of this species of song. If to him who says a thing best the thing belongs, no one will hesitate to decide that Poe is entitled to the bays which crown him. It is a fact that, with all the contemporary airing of the subject, it is Poe's celebrity and not Chiver's that remains. The finer instinct and touch are what the world takes account of. Chivers, except at rare inter vais, did not approach near enough to the true altitude. He put no boundary between what was grotesque and what was inspired. He was too short-breathed to stay poised on the heights, and was but accidentally poetic. But we may ac cord him a single leaf of lanrel, if no more, for what he name no pear achieving in the musical lyre of 'Lily Adair."' Disappointed and He Kicked. The Wesson Mirror docs not think the interest of the state would have been subserved by permitting our patriotic governor to have had his way. It says; "Gov. McLaurin's veto of the capital bill is as disappointing to his friends as to the friends of the uieasnre. The full text of bis message