Turner v. City of Hattiesburg

Citations

• 98 Miss. 337
• 53 So. 681

Syllabus

<p>Constitutional Law. Constitution 1890, §§ 66, 80, 90, par., p., 112, 178, 183, 201-213. Statutes. Passage. Legislative question. Schools. Municipal purpose. Corporations. General laws. Municipal aid or credit. Uniform system of schools.</p> <p>The statutes, Laws 1910, ch. 119, § 9, p. 107, and ch. 120, p. 109. authorizing municipalities to compete for the -location of a state college and to aid in its establishment by issuing bonds, etc., are constitutional and not violative of:</p> <p>(a) Constitution of 1890, § 112, provides that taxation shall be uniform and equal, since taxes to pay the bonds are paid for the location of the college, a municipal purpose; nor</p> <p>(b) Constitution of 1890, § 178, providing that corporations shall be formed under general laws only, since the college is merely an agency of the state; nor</p> <p>(c) Constitution of 1890, § 183, prohibiting corporations from lending their aid or credit to corporations; nor</p> <p>(d) Constitution of 1890, § 90, snbd. p., prohibiting the passage of local law for the management or support of any private school; nor</p> <p>(e) Constitution of 1890, §§ 201-213, requiring the legislature to ' establish a uniform system of free public schools; nor</p> <p>(f) Constitution of 1890, § 80, a non self-executing provision, requiring the enactment of general laws to prevent the abuse by municipal corporations of the power of taxation and contracting debts; nor</p> <p>'(g) Do they not constitute a donation by the legislature, within Constitution of 1890, § 66, providing that a bill granting a donation shall not pass unless concurred in by two-thirds of each branch' of the legislature, and if a donation, the question of their passage by the legislature is not a judicial one.</p>