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· 3/15/1921

State ex rel. Boone v. Metts

Citations

  • 125 Miss. 819
  • 88 So. 125

Syllabus

<p>1. Mwicipal CoBPOEATioisse. New census may he ordered, 6y Governor to reclassify municipalities only when retwns show change in classification.</p> <p>Under sections 3308 and 3311,.-Code of 1906 (sections 5804 and 5808, Hemingway’s Code), the census return must show a change in the classification of a municipality before .the Governor is empowered to act in the matter. It is only when this change is thus shown that the Governor can investigate the matter, have a new census taken, and reclassify the municipality.</p> <p>2. Municipal Coepobations. Governor not authorised to reclassify city under census returns as made.</p> <p>Where a municipality was classed as a city before the federal census of 1920' was taken, and the final return of this census showed it to be still a city, the Governor is1 without power to appoint a person to take a new census of the municipality or to reclassify it under these sections of the Code.</p>

Judges: Ethridge, Sykes

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