Board of Supervisors v. Brown

Citations

• 67 Miss. 684

Syllabus

<p>1. County Bonds. Two-tliirds vote. Registration lists. Decision of board, of supervisors. Estoppel. Bona fide holders.</p> <p>Where under an act, in pursuance of § 14, art. xii. of the constitution, •which prohibits the legislature from authorizing any county to subscribe to the capital stock of any corporation unless two-thirds of the qualified voters assent thereto, the board of supervisors is constituted the tribunal to determine whether at an election held for that purpose the requisite majority has been given, as a condition to the valid issuance of bonds of the county ; and after such determination and the issuance of bonds reciting a compliance with preliminary csnditions, the county is estopped as against innocent purchasers for value, to deny the validity of the bonds upon the ground that as a matter of fact, less than two-thirds of the qualified electors voted for the subscription, and that the registration lists of the county show this. Viclcsburg v. Lombard, 51 Miss. Ill ; Culler v. Madison County, 56 lb. 115, and Madison County v. Paxton, 57 lb. 701, cited.</p> <p>2. Same. Constitutional requirement. Registration list; not a fixed record from which to determine majority.</p> <p>Although it is a constitutional requirement that the subscription shall not be made except upon a two-thirds vote, the legislature is not prohibited from designating a tribunal which is to determine the essential fact as to a proper majority. Nor does the constitution prescribe the evidence upon which such tribunal is to act. It does not make a variable registration list a record, importing verity, from which alone this determination is to be made. It is to be made by the board of supervisors, upon investigation, ascertainment and the exercise of judgment. Therefore, regardless of what the registration lists show, the decision of the board as to the fact of a two-tliirds majority is conclusive against the county in any controversy with 7w!¡íj/?cfe holders of the bonds.</p> <p>