State ex rel. Collins v. Jackson

Citations

• 119 Miss. 727
• 81 So. 1

Syllabus

<p>1. Statute. Validity. Evidence. Legislative journals.</p> <p>The journals of the two houses of the legislature cannot he resorted to by the courts to determine as to whether or not an act was passed in violation of section 89 of the Constitution.</p> <p>2. Quo Wabranto. Subject of action. Validity of county organizations.</p> <p>Quo warranto is the proper remedy to test the validity of the formation of a county under a legislative act providing therefor.</p> <p>3. Same.</p> <p>The formation of a county under a legislative act providing therefor was not void under section 33 of the Constitution, providing for a referendum, because siich formation took place within ninety days after the adjournment of the legislature passing the act.</p> <p>4. Constitutional Law. Amendment. Construction with reference to other provisions.</p> <p>In construing a constitutional provision it is the duty of the - court to have recourse to the whole instrument, if necessary, to ascertain the true intent and meaning of any particular provision, and if there is an apparent repugnancy between different provisions, the court should harmonize them if possible, so as to give effect to all.</p> <p>5. Constitutional Law. Construction of provisions. Appeals. Construing sections 75 and 33 of the Constitution, both together,</p> <p>the court held that section 33 as amended was not intended to affect any law in any manner until referendum petitions were filed to it; that this amendment in no way meant to qualify or limit the time of the taking effect of laws in general.</p> <p>6. Statute. Construction. Initiative and, referendum.</p> <p>The referendum part of the amendment to section 33 of the Constitution applies to laws which have already become operative.</p> <p>7. Same.</p> <p>Since section 75 of the Constitution is not repealed by this amendment, the legislature has the power to put in effect any law, either general or local, in its nature, at any time it may see fit.</p>