Albritton v. City of Winona

• Decision Date: 07 February 1938
• Docket Number: 33074
• Court: Mississippi Supreme Court
• Parties: ALBRITTON v. CITY OF WINONA

178 So. 799

181 Miss. 75

ALBRITTON v. CITY OF WINONA

No. 33074

Supreme Court of Mississippi

February 7, 1938

(In Banc.)

1 STATES.

The state exists to promote welfare of its citizens, that is their peace, happiness, and prosperity (Const. Miss. 1890 section 6; Const. U.S. Preamble).

2 STATES.

The government is the state's agent, created by its Constitution and charged with the duty of accomplishing the purpose for which the state exists of promoting welfare of its citizens, which duty rests with equal force upon the executive, legislative, and judicial departments of the government.

3. CONSTITUTIONAL LAW.

The legislative department of state government is primarily charged with duty of determining by what means purpose of promoting welfare of citizens of state can be accomplished and to that end it is invested with all legislative power, except as restricted by Constitution (Const. 1890, section 33).

4. CONSTITUTIONAL LAW.

Upon the judicial department of state government devolves the duty of determining whether in specific instances the executive and legislative departments have exceeded the powers granted them by the Constitution.

5. CONSTITUTIONAL LAW.

In determining whether legislative act violates Constitution, courts substitute their judgments for that of Legislature as to wisdom and policy of act, and must enforce it, unless it appears beyond all reasonable doubt to violate the Constitution.

6. TAXATION.

The state's taxing power can be resorted to only for a constitutionally valid public or governmental purpose.

7. CONSTITUTIONAL LAW.

The phrase "due process of law" has been expanded beyond its literal meaning of due procedure and is now interpreted to mean that the government is without right to deprive a person of life, liberty, or property by an act that has no reasonable relation to any proper governmental purpose, or which is so far beyond the necessity of the case as to be an arbitrary exercise of governmental power (Const. Miss. 1890, section 14; Const. U.S. Amend. 14).

8. CONSTITUTIONAL LAW.

The care of the poor, the relief of unemployment, and the promotion of agriculture and industry are proper governmental purposes as to which statutes can be enacted.

9. MUNICIPAL CORPORATIONS. States.

The state and its political subdivisions have authority to engage in enterprises usually owned and operated by private individuals, provided public interest requires public ownership or operation.

10. TAXATION.

The validity of state's exercise of taxing power does not rest alone on necessity, but state may exercise power to make government subserve the general welfare of society and advance the present and prospective happiness and prosperity of its people.

11. MUNICIPAL CORPORATIONS.

The question whether statute authorizing municipal ownership of manufacturing enterprises was so far beyond the necessity of the case as to be merely arbitrary exercise of governmental power is question of fact or of an inference to be drawn from facts, and, in determining such question, the court is not confined to facts stated in preamble of statute but must take into consideration any other relative sustaining facts (Laws 1936, 1st Ex. Sess., chapter 1, sections 1, 2, et seq.).

12. CONSTITUTIONAL LAW.

The due process clauses of State and Federal Constitutions do not prevent a state government from adapting life to the continuous change in social and economic conditions (Const. Miss. 1890, section 14; Const. U.S. Amend. 14).

13. CONSTITUTIONAL LAW.

Each case involving question whether state statute violates due process clauses of State and Federal Constitutions must be decided on the social and economic conditions that exist when the statute was enacted or at time case is decided (Const. Miss. 1890, section 14; Const. U.S. Amend. 14).

14. MUNICIPAL CORPORATIONS.

Under statute authorizing municipalities to own manufacturing plants and to lease them for operation by individuals or private corporations, the lease must be of such character as will insure the continued operation of the proposed industry with power in the municipality, under supervision of Industrial Commission, to enforce the continued operation, to best promote and protect the public interest, and to constitute the lessee the municipality's agent for operating the industry without liability on the municipality to others arising therefrom (Laws 1936, 1st Ex. Sess., chapter 1, sections 1, 2, et seq.).

15. MUNICIPAL CORPORATIONS.

In determining validity of statute authorizing municipalities to own manufacturing plants and to lease them for operation by individuals or corporations, court could not specifically set forth and limit provisions of such leases, but was required to presume that public authorities executing lease would take care that provisions of lease would comply with statutory requirements (Laws 1936, 1st Ex. Sess., chapter 1, sections 1, 2, et seq.; Code 1930, section 2455).

16. CONSTITUTIONAL LAW.

The statute authorizing municipalities to levy a tax for purpose of purchasing land and constructing buildings thereon to be leased to individuals or private corporations for purpose of operating manufacturing establishments in order to relieve unemployment and promote agricultural and industrial welfare of state does not violate due process clauses of State and Federal Constitutions (Laws 1936, 1st Ex. Sess., chapter 1, sections 1, 2, et seq.; Const. Miss. 1890, section 14; Const. U.S. Amend. 14).

17. MUNICIPAL CORPORATIONS.

The statute authorizing municipalities to acquire land and construct buildings thereon to be leased to individuals or private corporations for purpose of operating manufacturing establishments in order to relieve unemployment and promote agricultural and industrial welfare of state does not violate Constitution prohibiting appropriation of property to private individuals or corporations where lease must contain provisions giving municipality power to enforce use of property for such purposes (Laws 1936, 1st Ex. Sess., chapter 1, sections 1, 2, et. seq.; Const. 1890, section 183).

18. STATES.

The statute authorizing municipalities to acquire land and construct buildings thereon to be leased to individuals or private corporations for purpose of operating manufacturing establishments in order to relieve unemployment and promote agricultural and industrial welfare of state did not violate Constitution prohibiting state from pledging or loaning its credit in aid of any person, association, or corporation (Laws 1936, 1st Ex. Sess., cahapter 1, sections 1, 2, et seq.; Const. 1890, section 258).

19. EMINENT DOMAIN.

The provision of the Constitution providing that private property shall not be taken or damaged for public use, except on due compensation first being made to owner thereof, does not apply to state's taxing power but only to the taking by it of specific property for public use (Const. 1890, section 17).

20. EMINENT DOMAIN.

The statute authorizing municipalities to levy a tax for purpose of purchasing land and constructing buildings thereon to be leased to individuals or private corporations for purpose of operating manufacturing establishments in order to relieve unemployment and promote agricultural and industrial welfare of state does not violate Constitution providing that private property shall not be taken or damaged for public use, except on due compensation first being made to owner thereof (Laws 1936, 1st Ex. Sess., chapter 1, sections 1, 2, et seq.; Const. 1890, section 17).

ANDERSON, J., dissenting.

HON. L. A. SMITH, SR., Chancellor.

APPEAL from the chancery court of Montgomery county Hon. L. A. SMITH, SR., Chancellor.

Proceedings by the City of Winona to validate a proposed bond issue, wherein W. S. Albritton filed objections. From a decree validating the bonds, W. S. Albritton appeals. Affirmed.

Preamble to Chapter 1, Laws of First Extraordinary Session of 1936:*

"Whereas there exists an acute, economic emergency for which the requisite remedy is the balancing of agriculture with industry as herein done, said emergency having decreased Mississippi's industrial enterprises so that many of her citizens are on relief and are leaving the state; and

"Whereas, the purchasing power of her citizens has been seriously impaired and agricultural activities have been curtailed by reason of conditions for which her citizens are in no way responsible, and the markets for her principal export, cotton, have been threatened and are being occupied by other nations; and

"Whereas, the sole remedy for saving agriculture in Mississippi is to develop industry so that her citizens may be afforded a livelihood and not be forced to seek gainful employment outside of her borders; and

"Whereas, the natural resources and raw products of the state are being carried beyond its boundaries for processing and for preparation for market to the detriment of its citizens; and

"Whereas, provision must be made for giving employment to her citizens when direct and indirect federal government relief is no longer existent; and

"Whereas, public necessity requires that cotton, cotton seed, clay, sand, gravel, wood, vegetable oil, nut oil., hides, vegetables, grain, grass, hay, potatoes, sugar cane, and other natural resources and products of the state should be processed and prepared in this state for market, thereby giving employment to the citizens and preventing dependency on governmental assistance through doles and relief; and

"Whereas it is deemed necessary by the legislature of the state of Mississippi to relieve such existing, emergency conditions and present public policy demands a program to encourage and to promote agriculture and industry, and to balance agricultural...