Board of Election Commissioners v. Davis

Citations

• 102 Miss. 497
• 59 So. 811

Syllabus

<p>1. Constitutional Law. Delegation of legislative powers. Constitution 1890, section 33. Local and special statutes. Validity. Laws 1910, chapter 112. Laws 1912, chapter 253.</p> <p>A statute, the operation or suspension of which, in certain localities may depend on a future vote of the people interested, is not violative of Constitution 1890, section 33, which vests the legislative power in the legislature.</p> <p>2. Same.</p> <p>As the legislature may enact laws, the operation or suspension of which in certain localities is to depend upon a future vote of the people interested, it is not forbidden to re-enact the Laws of 1910, chapter 112, creating the office of county attorney in every county of the state, and by amendment thereto, Laws 1912, chapter 253, provide for a condition subsequent which may or may not suspend or prevent the operation of the original statute in some of the counties of the state.</p> <p>3. Same.</p> <p>The Statute of 1910, chapter 112, became a law immediately after it’s passage, and is now a law, unaffected by Laws 1912, chapter 253, and will continue to be the law until repealed by the legislature.</p> <p>4. Same.</p> <p>Chapter 253 of the Laws of 1912 is not violative of section 90 of the Constitution of 1890 for the reason that.it is neither a local, private or special law and for the same reason section 87 of the Constitution has no application.</p> <p>5. Statutes. Special law. Validity.</p> <p>Section 91 of the Constitution of 1890 is not violated by Laws 1912, chapter 253, as this act does not seek to “enact any law for one or more counties, not applicable to all the counties in the state,” since the fact that the law is applicable to all the counties does not change it from a general law to a special, local, or private law.</p>