Schulherr v. Bordeaux
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. HoN. S. H. Terral, Judge. On March 11, 1886, the legislature passed an act entitled “An Act for preventing the evils of intemperance by local option in any county in the State by submitting the question of prohibiting the sale of intoxicating liquors to the qualified voters of each county, to provide penalties for its violation, and for other purposes.”
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Appeal from the Circuit Court of Lauderdale County. HoN. S. H. Terral, Judge. On March 11, 1886, the legislature passed an act entitled “An Act for preventing the evils of intemperance by local option in any county in the State by submitting the question of prohibiting the sale of intoxicating liquors to the qualified voters of each county, to provide penalties for its violation, and for other purposes.” This act, in § 1, provides “That upon application by petition signed by one-tenth of the voters who are qualified to vote for members of the legislature in any county in this State, addressed…
1Opinion of the CourtCampbell, J.
If “ An Act for preventing the evils of intemperance by local option, etc.,” approved March II, 1886, is not a law, the mandamus should be awarded. If valid, but there are certain objectionable provisions not involving the whole act, the mandamus was properly denied. The act is assailed by argument in this case on five grounds, only two of which go to the entire act, and these only need be disposed of now, for they are decisive of this case. They are:
1. That the act violates § 39, article iv, of the constitution of this State, which provides, “The legislature shall provide by law for…
2Cited by21 opinions
- In re O'BrienMontana Supreme Court · 1904
- Feek v. Township Board of BloomingdaleMichigan Supreme Court · 1890
- Martin v. Bd. of Suprs. of Winston Co.Mississippi Supreme Court · 1938
- Fouts v. Hood RiverOregon Supreme Court · 1905
- Clark v. State Ex Rel. BoboTennessee Supreme Court · 1938
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