Heidelberg v. Batson Mayor

Citations

• 119 Miss. 510
• 81 So. 225

Syllabus

<p>1. Municipal CORPORATIONS. Bond issue. Necessity of vote. Interest 'bearing debt.</p> <p>Under Acts 1918, chapter 209, section 2, providing that “No interest bearing debt,” except serial bonds to pay outstanding debts shall be issued, unless authorized by a majority of the electors, a municipal bond issue, not authorized by a majority of the electors is void since a bond is an “interest bearing debt” within the meaning of section 4 of said act.</p> <p>2. Constitutional Law. Judicial functions. Policy of law.</p> <p>Courts are not concerned with the policy or wisdom of any legislative enactment, their duty lies only in construing and interpreting the legislative intent as they find it expressed in the particular law.</p> <p>3. Statute. Constitutional enactments.</p> <p>Section 61, Constitution 1890, providing that no law shall be revised or amended by reference to its title only and requiring amended sections to be inserted at length, is not violated by Acts 1918, chapter 209, relating to the contracting of interesi-bearing debts by a county municipality or other taxing district even if held to amend prior acts.</p> <p>4. Statute. Sufficiency of title. Amendatory act.</p> <p>The title of Act 1918, chapter 209, relating to the contracting of interest bearing debts by a county, city or other taxing district, being sufficient, the act is not violative of section 71 of our Constitution, because it fails to refer in its title to section 3415, Code 1906, and other sections and chapters of the bond laws of the state.</p>