City of Jackson v. Whiting

Citations

• 84 Miss. 163

Syllabus

<p>1. Municipalities. Incorporation. Code 1892, # 2921. Laws 1898, p. 90. Constitutional law. Constitution 1890, sec. 88. Executive and, legislative power.</p> <p>Code 1892, § 2921, Amended Laws 1898, p. 90, authorizing tbe governor to pass upon and approve applications for tbe incorporation of cities, towns, and villages not previously incorporated, is constitutional and does not submit to tbe executive questions belonging to tbe legislative department of tbe government, under Constitution 1890, sec. 88, providing that tbe legislature shall pass general laws for tbe incorporation of municipalities.</p> <p>2. Same. Annexation of territory. Separate incorporation of adjacent . territory. Code 1892, ?§ 2912a, 2913. Laws 1902, p. 154. Code 1892, § 2921. Laws 1898, p. 90.</p> <p>Where a municipality initiates proceedings by the passage of an ordinance for the annexation of adjacent unincorporated territory under Code 1892, §§ 2912a, 2913, Amended Laws 1902, p. 154, authorizing the same, but providing that the ordinance should not become operative until published for thirty days, etc., and the electors of tbe territory sought to be annexed begin proceedings about the same time to form a separate municipality embracing the same territory, under Code 1892, § 2921, Amended Laws 1898, p. 90, authorizing the same to be done on three weeks’ notice, and the governor approves of the separate municipality before the city ordinance becomes operative, that one of the two proceedings will be treated as effectual and prevailing over the other in which the initial steps were first taken.</p> <p>3. Same. Appeal. Issue in Circuit Court.- ■ Time.</p> <p>The question whether a contemplated extension or contraction of the limits of a municipality be or be not reasonable, which is to be tried on an issue to be made up on an appeal to the circuit court from an ordinance proposing the same under Code 1892, §§ 2912a, 2913, Amended Laws 1902, p. 154, authorizing such procedure and appeal and pr