Ormond v. White

• Decision Date: 13 February 1905
• Citation: 85 Miss. 276,37 So. 834
• Court: Mississippi Supreme Court
• Parties: LEWIS ORMAND v. WILLIAM WIRT WHITE ET AL

37 So. 834

85 Miss. 276

LEWIS ORMAND v. WILLIAM WIRT WHITE ET AL

Supreme Court of Mississippi

February 13, 1905

FROM the circuit court of Scott county, HON. JOHN R. ENOCHS, Judge.

White and others, the appellees, instituted proceedings for the establishment of a stock-law district, under Code 1892, §§ 2055-2059; Ormand, the appellant, opposed and defeated the proceeding before the board of supervisors. The present appellees, White and others, appealed the controversy to the circuit court, and there succeeded in having the order of the board of supervisors denying their petition reversed. From this judgment of the circuit court Ormand appealed to the supreme court, contending that the statute, Code 1892, §§ 2055-2059, upon which the proceeding was based, is unconstitutional, repugnant to Constitution 1890, sec. 33, and an effort to delegate legislative power.

Affirmed.

S. H. Kirkland, and R. L. Bullard, for appellant.

J. B. Sullivan, for appellees.

OPINION

WHITFIELD, C. J.

It is far too late now to question in Mississippi the constitutionality of the statutes like the one here assailed. That the act is constitutional is thoroughly settled by the cases of Schulherr v. Bordeaux, 64 Miss. 59 (8 So. 201), and Alcorn v. Hamer, 38 Miss. 652, with the authorities cited in these two cases and in the briefs of counsel in the two cases. The case so strongly relied on by counsel for appellant, Lammert v. Lidwell, 62 Mo. 188 (21 Am. St. Rep., 411), was also relied on in the case of Schullherr v. Bordeaux, above cited.

Affirmed.