Humphreys v. Hinds Cnty. Agric., 170 So. 530 (Miss. 1936). · Go Syfert
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Humphreys v. Hinds Cnty. Agric., 170 So. 530 (Miss. 1936). Cases Citing This Book View Copy Cite
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Humphreys
v.
Hinds County Agricultural, Etc., Junior College.
Mississippi Supreme Court.
Nov 9, 1936.
170 So. 530
H. Chalmers Alexander, of Jackson, for appellant. The agreed statement of facts shows that none of the forty-six thousand dollars of notes have actually been sold, or delivered and that the only relief asked for in the proceeding was a decree of validation pursuant to chapter 10 of the Mississippi Code of 1930. Such a proceeding is a judicial inquiry into the validity of the proposed notes prior to their actual sale and delivery and before any rights thereto have vested in any one. While not so denominated in the statute the proceeding is essentially one for a declaratory judgment or decree before any justiceable controversy has arisen. In the absence of any specific statutory authority for such a proceeding the courts in Mississippi are wholly without power or authority to hear a moot question or to render any purely declaratory judgment or decree. Yates v. Beasley, 133 Miss. 301 , 97 So. 676. A comparison of the definitions of each of the five classes of school districts with the agricultural high school — junior college as defined in sections 6674 to 6700, inclusive, Code of 1930, shows that appellee cannot be classed as a school district. It may be argued that the phrase \or any other district or subdivision\" can be held to include appellant. We do not think so for the word \"district\" and the word \"subdivision\" both imply some territorial subdivision of the state. The appellee has no such characteristic.
Ethridge.
[*12] Ethridge, J.,

delivered the opinion of the court.

The Hinds County Agricultural High School-Junior College was duly created by the local authorities; the territorial limit of the taxing power to support said school is confined to Hinds county, and the funded indebtedness of Hinds county does not exceed the ten per cent, provided for in chapter 48, Laws of Mississippi 1935, Extraordinary Session, when the proposed loan is added to the total funded indebtedness. The Board of Trustees of Hinds county passed a resolution to accept a loan from the government, complying, in all respects, with the law in making application therefor, and certified its resolution to the Board of Supervisors of Hinds County. The Board of Supervisors duly considered this resolution and passed the necessary orders to comply with chapter 48, Laws of Mississippi 1935, Extraordinary Session, and with the requirements of the Federal Government; approved said proceedings, and certified same to the State Bond Attorney for his opinion. The State Bond Attorney certified that the notes were, in all respects, lawful, and that the law had been complied with in the proceedings, and the bonds were valid. The proceedings were then sent to the chancery court of Hinds county, notice was served to all persons to show cause, on a given date, why the bonds should not be validated, as provided by law.

[*13] L. R. Humphreys filed objections thereto upon the same grounds relied on in the case of Wyatt v. Harrison-Stone-Jackson Agricultural High School-Junior College (Miss.), 170 So. 526, this day decided, and the two cases presented the same questions, with the exception that the Hinds County Agricultural High School-Junior College is confined to the territorial limits of Hinds county, while the other is composed of two or more counties.

The case at bar is controlled by the principles announced in the case of Wyatt v. Harrison-Stone-Jackson Agricultural High School-Junior College, supra, and the judgment of the chancery court of Hinds county must be affirmed.

Affirmed.