109 Mich. 645 | Mich. | 1896
This is certiorari to review the decision of the circuit court on an application for mandamus to compel the board of supervisors to submit to the voters of the county a proposition to repeal a prohibitory resolution, adopted March 7,1892. The question was again submitted to the voters, and an election had,
“Provided, however, that such proposition having been once submitted and decided either way by a majority of the votes of the qualified electors in any county in this State, voting thereon, the same shall not be again submitted in such county within a period of two years next thereafter, but may, at any time after the expiration of such period, upon a like petition and action, be again submitted, and so on, at the expiration of not less than two years after every such election.”
In section 13 is found the following:
“Such resolution of prohibition shall take full effect within such county on the first day of May next following its adoption, and shall not be subject to repeal by the board of supervisors within two years next thereafter, after the expiration of which period the board may again, by a majority vote of all the members elect, act as in the first instance, and repeal such resolution of prohibition, but not unless a majority of the electors of the county, voting on such proposition, at a subsequent election duly called and held in accordance with the provisions of this act, shall have declared against the prohibition of the manufacture of liquors and of the traffic therein.”
We construe these provisions to mean that the question shall not be again submitted to a vote of the people, after a former vote is taken, within two years. We do not think that action by the voters in preparing petitions, and presenting them to the board, or [the order of the board calling an election, must wait the lapse of two years.
Writ of mandamus will issue, but without costs.