Power v. Ratliff

Citations

• 112 Miss. 88
• 72 So. 864

Syllabus

<p>1. Injunction. Right to injunction. Persons entitled. Irreparable injury. Enjoining elections.</p> <p>The general rule is that an injunction will not lie to restrain the holding of an election, but there may be elections authorizing bond issues or directly affecting property rights, and if such an election is attempted to be held without authority of law, equity might well interfere.</p> <p>2. Injunction. Right to injunction. Persons entitled.</p> <p>Where tax payers objected to the submission of a legislative act to referendum vote on the ground that the constitutional amendment appearing in Laws 1914, chapter 520, providing for initiative and referendum was invalid, they do not suffer an irreparable injury entitling them to an injunction where the question is to be shortly submitted at a general election and the expense will be slight.</p> <p>3. INJUNCTION. Right to injunction. Irreparable injury.</p> <p>A game warden appointed under Laws 1916, chapter 99, cannot secure an order enjoining submission of tbe act to a referendum vote on tbe theory that be is entitled to tbe emoluments of bis office and that a referendum of tbe act to tbe voters would work irreparable injury and on tbe theory that tbe constitutional amendment found in Laws 1914, chapter 520, providing for initiative and referendum was void for tbe law might be upheld by the voters, and if repealed tbe warden could then call in question tbe right of tbe people to nullify tbe act.</p> <p>4. Injunctons. Enjoining elections.</p> <p>Though tbe constitutional amendment found in Laws 1916, chapter 520, providing for initiative and referendum be void, a referendum election cannot be enjoined on tbe theory that if legislation be repealed, tbe repeal will be invalid, but tbe proper procedure is to take appropriate action to prevent tbe execution of any proposition voted upon, since tbe question of the validity of legislation is not one for tbe courts until tbe legislation is completed and until then tbe cour