The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-11-10

The case of George Lemon ct al. .. j.
" Peyton et al, grew out Of the pro
ceedings Of ehe Board of Supervisors in
Kinds county ordering an election
under the local option law That case
was also decided on Monday, Judge
Campbell delivering the opinion OF the
Court as follows:
The petition to prohibit the appointees
of the Board of Supervisors from mold
ing the election ordered, sets forth as
of the members of the Board of Super
vissrs because three of them had signed
the petition for an election and two of
them had canvassed for signers to it;
that the Board had erred in refusing to
receive evidence offered by directors as
to the signatures to the petition and in
permitting new names to be added after
it was first presented; and because the
order of the Board is void in that it
speaks of voters qualified to vote for
members of the Legislature.
The first ground is untenable for that
would confound all distinction between
the functions of one as citizen and q
Judge. One does not cease to be a
citizen by becoming judge, and he may
yote as his judgment dictates, or petition
for an opportunity to vote, and does not
thereby disqualify himself as Judge in
the matter which may come before him.
The propriety of the rulings of the
Board of Supervisors cannot be called
in question by petition for prohibition.
That could be done only by appeal.
The point made on the language of
the order of the Board in speaking of
voters qualified to vote for members of
the Legislature is without force, as one
qualified to vote for members of the
legislature is a qualified elector for any
election under our Constitution.
In addition to the grounds set up in
the petition the argument of counsel in
this case asssils the act of the Legisla.
ture providing for an election as ordered
as unconstitutional on several grounds /;
among them is that disposed of by our
judgment In iSchathcsv e. BoagdeaMr,
Shez6.
Another is that the act eontrayenes
the scheme of the Constitution for
the support of common schools, because
schools are required by that instrument
to be maintained, and among the
revenues devoted by it to their mainteR-
ance are ssall moneys received for
licenses granted under the general laws
of the State for the sale of Intoxicating
liquors or keeping dram shops 1t i
urged that the Constitution recognizes
the policy Of general laws for granting
licenses to sell liquors and POUNDS the
common schools in part on this basis for
support, and that the Legislature may
not change this policy thus recognized
by the Constitution and may not starve
common schools by cutting off this
source OF supply of means furnished by
the Constitution.
We have fully considered this obiec-
ton and reject it a. utterly without sup
port in reason or authority. 4 rule or
policy cannot be dedueed from the mern
recognition of an existing state of things.
Such recognition anu declaration of
will based upon it, is not a perpetuation
of that which is recognized. It cannot
be held TO prevent change of the condi-
tions recognized, and, besides this, the
very constitutional provision invoked
for the extraordinary view urged plainly
implies the subsection Of licenses to sell
liquors to the t1aus Of the
Stafe-those which may at any time be In
force, thus embracing the idea OF what
should at any time be the expressed
win of the department entrusted by the
Constitution with legislative power, i e,
the Legislature
The Constitution does not establish
any policy or ordain amy provision as to
licensing Or trafiicing I'M Intoxicating
liquors. A distinct subject it il
wholly unaffected BY that instrument.