Legal Opinion

Wynn v. State

Mississippi Supreme Court

Decided October 15, 1889PublishedCited by 11 opinions

From the circuit court of the first district of Yalobusha county. Hon. W. M. Rogers, Judge. By an act of the legislature, approved March 7, 1888 (Laws 1888, p. 56), it was provided that county superintendents of education for certain counties named in the act should be elected as other county officers, and that in all counties in the state not named in the act the office should be filled by appointment by the state board of education under the law then in force.

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From the circuit court of the first district of Yalobusha county. Hon. W. M. Rogers, Judge. By an act of the legislature, approved March 7, 1888 (Laws 1888, p. 56), it was provided that county superintendents of education for certain counties named in the act should be elected as other county officers, and that in all counties in the state not named in the act the office should be filled by appointment by the state board of education under the law then in force. The county of Yalobusha was among those named in the act. Section 2, of said act is as follows: “ No person shall be eligible to…

1Opinion of the CourtCampbell, J.

This case involves the consideration of, “ An act to provide for the election of county superintendents of education by the people,” approved March 7, 1888. The act is assailed as violative of the constitution, because it provides for the election of county superintendents in a large number of counties, and not in all, which, it is said, conflicts with § 1, art. viii., of the constitution, in its requirement of “ a uniform system of free public schools.” It is not denied that the legislature could make the office elective in all the counties, but the argument is that this power must be…

2Cases cited1 opinion

  1. Burnham v. SumnerMississippi Supreme Court · 1874

3Cited by11 opinions

  1. Thomas v. State Ex Rel. CobbSupreme Court of Florida · 1952
  2. Wagner v. BartzWashington Supreme Court · 1955
  3. State Ex Rel. Downey v. SimsWest Virginia Supreme Court · 1943
  4. State Ex Rel. Attorney General v. LandMississippi Supreme Court · 1957
  5. State Ex Rel. Lynch v. Board of County CommissionersWyoming Supreme Court · 1956

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