Mississippi Advisory Opinions February 07, 1984: AGO 000006031 (February 7, 1984)

AGO 000006031.

Dear Mr. Mitchell:

cases, but such matters shall be provided for only by general laws, viz.:

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(p) Providing for the management or support of any private or common school, incorporating the same, or granting such school any privileges;

The language seems to be clear in the Constitution that the Legislature shall not pass any local, private or special law affecting the management of schools. Class legislation, also often called local or private legislation, is legislation limited in operation to certain persons or classes of persons, natural or artificial, or to certain districts of the territory of the State, and statutes which make unreasonable or arbitrary classifications or discriminations or violate provisions of or exclusive privileges, immunity or franchises, or passed for the benefit of any individuals inconsistent with the general law of the land. Vardaman v. McBee, 198 Miss. 251, 21 So.2d 661 (1945). The portion of the statute providing for the election of board of trustees for school districts embracing an entire county which read "in which Highways 14 and 15 intersect" was declared by the Supreme Court of the State of Mississippi to be unconstitutional as a violation of prohibition on local, private or special laws.

It is the opinion of this office that no local or private statute could lawfully change the manner of the election of trustees for any school district.

If we can be of further help, please let us know.

Yours very truly,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY: Robert S. Reeves Special Assistant Attorney General

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