State ex rel. McClurg v. Powell
Mississippi Supreme Court
From: the circuit court of Lincoln county. JIoN. Thomas Brady, Jr.,* Special Judge. The state, on the relation of the attorney-general, appellant, was the plaintiff in the court below; Judge Robert Powell, ap-pellee, was defendant there.
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From: the circuit court of Lincoln county. JIoN. Thomas Brady, Jr.,* Special Judge. The state, on the relation of the attorney-general, appellant, was the plaintiff in the court below; Judge Robert Powell, ap-pellee, was defendant there. The action was by quo warranto, and the information was as follows: “The state of Mississippi, by Monroe McClurg, the attorney-general of said state, of his own accord, gives the court to understand and be informed that Robert Powell, a citizen of said state, and a resident of Madison county therein, unlawfully holds and exercises the functions of a civil…
1Opinion of the Court
Whitfteud, 0. J.,
delivered the opinion of tlie court.
Three questions are presented for solution.
First, i§ the question whether the proposition submitted to. the voters for adoption as part of the constitution be one amendment or more than one amendment, a judicial question? and, likewise, is the question whether such proposition received the majority prescribed by the constitution as essential to its valid adoption, a judicial question?
Second, if these questions are judicial questions, was the proposition one amendment, or two or more amendments, and as necessarily involved herein, was the…
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