Sproule v. Fredericks
Mississippi Supreme Court
From the circuit court of Warren county. Hon. J. D. G-illand, Judge. Sproule and Fredericks were opposing candidates for the office of assessor of Warren county, at the general election held in November, 1891. Fredericks was declared elected by a majority of eight votes. Sproule filed his petition to contest the election.
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From the circuit court of Warren county. Hon. J. D. G-illand, Judge. Sproule and Fredericks were opposing candidates for the office of assessor of Warren county, at the general election held in November, 1891. Fredericks was declared elected by a majority of eight votes. Sproule filed his petition to contest the election. The ground mainly relied on, as set out in the petition, is as follows: “Petitioner further shows that, of the seventy votes alleged to have been cast at said precinct (Brunswick), and which votes were counted against him, and for the said H. A. Fredericks, forty-one were…
1Opinion of the CourtWoods, J.
The validity of the constitution of 1890 is called in question by counsel for appellee, in a supplemental brief filed recently, by consent of the court; and, as the challenge meets us on the threshold of the case, we proceed at once to its consideration briefly.
In support of this view of the invalidity of the constitution, two propositions are asserted:
1. That a constitutional convention has power only to prepare or frame the body of a constitution, and that, when prepared or framed, the instrument is of no force or effect until ratified by a popular vote of the people; and the constitution…
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