Board of Supervisors v. Callender

Citations

• 128 Miss. 159
• 90 So. 722

Syllabus

<p>1. Highways. Legislature may not tinder guise of regulations, divest board of supervisors of its jurisdiction and substitute other agencies for the board.</p> <p>Under section 170 of the Constitution of 1890, the board of supervisors is vested with full jurisdiction over roads, ferries, and bridges, to be exercised in accordance with such regulations as the legislature may prescribe, and under this constitutional provision the legislature cannot, under the guise of regulations, divest the board of supervisors of its jurisdiction and substitute other agencies as the controlling factor in the exercise of this jurisdiction.</p> <p>3. Highways. Under statute providing for separate districts, commissioners therein have supervision over construction, and board of supervisors cannot change their orders.</p> <p>Under chapter 176, Laws of 1914, as amended by chapter 377, Laws of 1930, providing for the organization of separate road districts, and the appointment of commissioners to have supervision over the construction of roads in such district, and prescribing the duties of such commissioners, although these commissioners recommend the the construction of a certain road, the board of supervisors may order a different road, and their discretion in the matter cannot be controlled by the will or judgment of the highway commission.</p>