Lehman v. Porter

Citations

• 73 Miss. 216

Syllabus

<p>1. Intoxicating Liquors. Local option election. Ballots cast thereat. Conformity with election ordAnarnce not essential. Sec. 4, Ord. (code 1892, ¡¡ 3654). Election governed by special code provisions. Code 1892, 1610 to 1616, inclusive.</p> <p>A local option election held in any county of the state under § 1610, code 1892, to determine whether or not those provisions of the code chapter of which said section is a part, prohibiting the sale of intoxicating liquors, shall be in force in such county, is not invalid by reason of the fact that the ballots cast thereat did not conform to the requirements of the election ordinance of the constitutional convention of 1890, prescribing the character of official ballots that should be provided and used “ whenever the question of a constitutional amendment or other question or matter admitting of an affirmative or negative vote, is submitted to a vote of the electors. ”</p> <p>2. Same. Case.</p> <p>That the ballots cast at a local option election contained only the words “For the sale,” and “Against the sale,” without the addition of any printed statement of the matter submitted to be voted on, and the words “yea” and “nay” arranged in connection therewith according to the requirements of the election ordinance of the constitutional convention of 1890. does not invalidate such election, for the same is not an election controlled by the provis ions of the constitution of 1890, nor “a matter ” submitted for determination by the electors within the said ordinance.</p>