Rosenstock v. Board of Supervisors

Citations

• 112 Miss. 124
• 72 So. 876

Syllabus

<p>1. Counties. Bonds. Election. Notice. Publication. Statutes. Title. Sufficiency of title. Appeal and error. Review. Questions to be decided.</p> <p>Chapter 174, Laws 1916, which is an amendment to chapter 176, Laws 1914, does not require any publication of the intention of the board of supervisors to issue road bonds, where the petition presented shows that the proposed bond issue is in excess of five hundred thousand dollars; when the bond issue is to be-in excess of five hundred thousand dollars the board of supervisors is by the statute required to order an election to ascertain the will of the qualified electors of the county.</p> <p>2. Counties. County bonds. Notice. Publication.</p> <p>Where the notice of an election for a road bond issue, was the publication in newspapers of the county, for four weeks of the order of the board of supervisors calling the election and also the publication for the same length of time of the notice-of the election given by the election commissioners of the county,, the law was fully complied with. The statute does not prescribe any specific form of notice and such publication of notice fully advised the electors of the proposed elections.</p> <p>3. Statute. Title. Sufficiency.</p> <p>Where a statute has a title, its sufficiency was a legislative and not a judicial question.</p> <p>4. Appeal and Ebeoe. Review. Questions to be decided.</p> <p>The supreme court is not called on to decide the legal aspect of a. purely imaginary contingency.</p> <p>5. COUNTIES. Bonds. Statutes. Sufficiency.</p> <p>Since Laws 1914, chapter 176, section 11, requires the consent of the taxpayers themselves to the issuance of bonds for road taxes, the act is not subject to attack on the theory that bonds might be issued to such an amount that they would become confiscatory, for taxpayers if same would not consent to such confiscation, and the courts are not bound to protect them from their folly.</p> <p>6. Counties. Bonds. Limitations.</p> <p>Section 3