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· 10/15/1886

Schulherr v. Bordeaux

Citations

  • 64 Miss. 59

Syllabus

<p>1. Constitutional Law. Election. Failure to provide for contest. Section 39> article iv, constitution, construed.</p> <p>Section 39, article iv, of the constitution of this State, which provides that “ the legislature shall provide by law for determining contested elections” is addressed solely to the legislature and mandatory upon it, and an act of the legislature authorizing an election will not be annulled by this court because of the failure of the legislature to make provision for contesting such election.</p> <p>2. Same. Legislative act. Operative on future contingency.</p> <p>The operation of an act of the legislature may be made dependent upon a future contingency, without being unconstitutional.</p> <p>3. Same. Liquor license. Local option. Case in judgment.</p> <p>The provision in an act of the legislature that the sale of vinous and spirituous liquors shall be permitted or prohibited within any county, as the voters of such county may decide at an election to be held for that purpose, is not such a delegation of legislative authority to the voters as to render the act unconstitutional.</p>

Judges: Campbell

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