State ex rel. Greaves v. Henry

Citations

• 87 Miss. 125
• 40 So. 152

Syllabus

<p>1. Constitutional Law. Construction. Statutes. Buies.</p> <p>Tbe following rules for determining the constitutionality of statutes and construing them announced:</p> <p>(a) If there be a well-founded reasonable doubt of the constitutionality of a statute, it should be held valid.</p> <p>(b) A state statute the language of which is plain must be enforced as written, regardless of the evil to which it may lead, since the legislature has all power not denied to it by the- constitution, state or national.</p> <p>(c) Where the constitution deals with a subject its provisions cannot be enlarged or restricted by legislative Enactment, in the absence of constitutional warrant for so doing.</p> <p>(d) Where the constitution enumerates power granted or denied, it must be held to have named all of the powers so dealt with and as being, with the necessary implications, the sole limit of authority or restriction.</p> <p>(e) Contemporaneous and antecedent history and subsequent action by the departments of the government may be looked to in order to ascertain the meaning and force of terms and the real intent of the legislature in the adoption of a statute of doubtful meaning, but they cannot control the interpretation of a statute the language and meaning of. which is plain.</p> <p>(†) A new constitution deprives the legislature of power previously possessed only to the extent of the restrictions therein contained.</p> <p>2. Same. ,Judicial powers. Encroachment on executive.</p> <p>The action of the board of control of the penitentiary touching the working of convicts, so far as it is within the scope of its authority under a valid statute, in the absence of corruption or official misconduct, is not reviewable by the courts.*</p> <p>3. Same. Code 1892, § 3201. Constitution 1890, secs. 223, 224.</p> <p>Code 1892, § 3201, providing for working convicts on a farm leased for that purpose, is not violative of Constitution 1890, secs. 223, 224, prohibiting the leasing or hiring of