Griffith v. . Board of Education

Stacy, J. It appears that the purpose for which this action was instituted, to wit, to prevent the holding of the election in question, has been accomplished. At any rate, the election was not held, and there is nothing now to enjoin. McKinney v. Comrs. (Fla.), 3 So. Rep., 887. The time for holding the election has long since passed, and it cannot presently be held, under the previous action of the defendants. Nothing further can be done in .the way of levying the proposed tax unless ■another election is called. The appeal, therefore, must be dismissed. Kilpatrick v. Harvey, 170 N. C., 668; Moore v. Monument Co., 166 N. C., 212; Harrison v. Bryan, 148 N. C., 315. Courts of equity are slow to enjoin the holding of elections and ordinarily they will not do so unless it is clear that they are being illegally Feld. Hood v. Sutton, 175 N. C., 101. The wisdom for this cautious •exercise of such power is obvious. Connor v. Gray, 9 Anno. Cases, 121, and note. But it is generally held that an injunction will issue to ■restrain the holding of an election where there is no authority for calling it, and where the holding of such an election would result in a waste of public funds. Solomon v. Fleming, 34 Neb., 40; 9 R. C. L., 1001. The record is silent as to whether the defendants expect to pursue the Instant matter further; but, we apprehend that such is their purpose, or ■else this appeal would not have been presented for our consideration. "We have experienced some difficulty in trying to harmonize the provisions of Public Laws 1921, ch. 179, with all the sections of C. S., art. 18, ■ch. 95, and at the same time square them with the requirements of the *410 Constitution; but, from tbe facts now appearing, we cannot say, in advance, that tbe defendants are proposing to proceed in an unlawful1 manner. Tbe contrary will be presumed. Thrash v. Comrs., 150 N. C., 693. It may not be amiss, however, to call attention to some of the-recent decisions bearing more or less directly upon tbe subject now in band, though it is-conceded that these cases are not decisive of tbe exact, question which the parties to this proceeding have sought to raise.. Hicks v. Comrs., ante, 394; Paschal v. Johnson, ibid., 129; Perry v. Comrs., ibid., 387. Appeal dismissed.