[The text of the Fifth Circuit’s certification, attached to the opinion of the Mississippi Supreme Court as “Appendix A,” appears at 645 F.2d 401 and is omitted here.]
SUGG, Presiding Justice,concurring in part and dissenting in part:
I dissent from the answer of the majority to the first question certified by the United States Court of Appeals for the Fifth Circuit for the reasons hereinafter stated.
I
The question involves public policy of the State of Mississippi. The question of whether a municipal function is governmental or proprietary is determined in accordance with the public policy in the jurisdiction in which it arises. Kirksey v. City of Fort Smith, 227 Ark. 630, 300 S.W.2d 257 (1957), 66 A.L.R.2d 627, 63 C.J.S. Municipal Corporations, § 747. In State ex rel. Knox v. Hines Lbr. Co., 150 Miss. 1, 115 So. 598 (1928), quoted with approval in Cappaert v. Junker, 413 So.2d 378 at 380, we stated:
[T]his court is committed to the doctrine that the public policy of the state must be found in its constitution and statutes, “and when they have not directly spoken, then in the decisions of the courts and the constant practice of the government officials.” (150 Miss, at 48, 115 So. at 605).
The doctrine stated in Knox was based on U.S. v. Trans-Missouri Freight Assn., 166 U.S. 290, 17 S.Ct. 540, 41 L.Ed. 1007 (1896), in which the United States Supreme Court held:
The public policy of the government is to be found in its statutes, and when they have not directly spoken, then in the decisions of the courts and the constant practice of the government officials;' but when the lawmaking power speaks upon a particular subject, over which it has constitutional power to legislate, public policy in such a case is what the statute enacts. (166 U.S. at 340, 17 S.Ct. at 559, 41 L.Ed. at 1027).
We are firmly committed to the principle that public policy decisions are not made by the court unless the Constitution, and statutes have not directly spoken on the question involved. In numerous cases we have held that the legislature declares the public policy of the state and the Supreme Court’s function is limited to deciding whether the legislature had the power to act in passing a law but not whether it ought to have acted in the manner it did. See cases annotated in Mississippi Digest, Constitutional Law, Key No. 70(3) and 70.3(3) and (14). 16 Am.Jur.2d Constitutional Law, § 245.
In Brummett v. City of Jackson, 211 Miss. 116, 51 So.2d 52 (1951)1 we held that the operation of an airport by a municipality was a corporate and not a governmental function. When Brummett was decided the only authority for a municipality to operate an airport was contained in Chapter 63, Mississippi General Laws (1928) (Section 7538 Code of 1942). The statute merely authorized a municipality to acquire and operate airports and did not declare that the operation of an airport was a governmental function.
*754In 1958 the legislature enacted the Airport Authorities Law, Chapter 230, General Laws of Mississippi (1958). Included in Chapter 230 was Section 15 which now appears as section 61-3-83 Mississippi Code Annotated (1972). The statute follows:
The acquisition of any land, or interest therein, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation and protection of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers granted in this chapter to authorities and other public agencies, to be severally or jointly exercised, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
When Brummett was decided by this Court the public policy question of whether the operation of an airport by a municipality was a governmental or a proprietary function had not been addressed by the legislature, so this Court filled the void and held the operation of an airport by municipality was a corporate and not a governmental function. However, the legislature spoke on this public policy question in 1958 in unequivocal terms and provided that the operation of an airport by an airport authority is a governmental function.
As demonstrated by the authorities heretofore cited, the legislature has the authority to declare the public policy with reference to the operation of airports. Matters of public policy are for the legislature to declare and it is not the function of the courts to question the wisdom of a declaration of public policy by the legislature. Durham v. Durham, 227 Miss. 76, 85 So.2d 807 (1956). When the legislature declares public policy of the state, its declaration is final as far as the courts are concerned. Golding v. Armstrong, 231 Miss. 889, 97 So.2d 379 (1957).
The majority follows the North Carolina Court in its interpretation of a similar statute as reported in Rhodes v. City of Asheville, 230 N.C. 134, 52 S.E.2d 371 (1949). The North Carolina court held that the determination of whether the operation of a municipal airport was a proprietary or a governmental function was a judicial and not a legislative question. This holding of the North Carolina Court is at variance with our cases which specifically hold that the legislature may determine the public policy and if the statute declaring public policy is not unconstitutional, the courts are bound by the legislative declaration. Other states which have followed the North Carolina case are likewise at variance with.our cases.
In my opinion Imperial Production Corp. v. City of Sweetwater, 210 F.2d 917 (5th Cir. 1954) is a case in which the legislative and judicial history closely parallels the Mississippi legislative and judicial history authorizing municipalities to operate airports either directly or by an airport authority.
Mississippi passed a statute authorizing municipalities to acquire airports in 1928.
Texas passed a statute authorizing municipalities to acquire airports in 1929.
Mississippi held the operation of an airport by a municipality to be a corporate function in 1951. Brummett, supra.
Texas held that the operation of an airport by a municipality was a proprietary function. Christopher v. City of El Paso, 98 S.W.2d 394 (1936).
Mississippi passed the Airport Authorities Law in 1958 and provided that the acquisition, development, maintenance and operation of an airport by such authority was a public and governmental function and all property acquired and used by and on behalf of any authority “Shall and are hereby declared to be acquired and used for public *755and governmental purposes and as a matter of public necessity.”
Texas amended its airport law in 1957 by Article 46d-15 and provided that the acquisition, development, construction and operation of an airport by a municipality, “Are hereby declared to be public and governmental functions, exercised for a public purpose and matters of public necessity. ..” After setting forth the legislative and judicial history of Texas with reference to the operation of airports by municipalities, the Fifth Circuit then distinguished the Texas legislative and judicial history from that of North Carolina and stated:
In the light of the then existing law, we can see no effective meaning to be given to Article 46d-15, other than that the designation of the functions therein as being public and governmental carried with it all of the consequences which such a designation entails, including exemption of the municipality from tort liability
It is clearly within the province of the legislature, when acting reasonably and not arbitrarily, to determine whether an act that may be performed by a city is public in its nature and performed as the agent of the state in furtherance of general law for the interest of the public at large and, hence, governmental. See Stocker v. City of Nashville, supra; 38 Am.Jur., Municipal Corporations, sec. 574, p. 269, n. 5. When the function became governmental in its nature, the legal basis was furnished for the exemption of the municipality from liability for torts, indeed, that exemption followed automatically from the nature of the function. (210 F.2d at 920-921)
In the statement of facts in the case certified to us, the Fifth Circuit noted that the Mississippi Legislature, in addition to enacting the Airport Authorities Law in 1958, also enacted the Municipal Airport Law, Chapter 513, Mississippi General Laws (1958). (Codified as section 61-5 — 47 Mississippi Code Annotated (1973).) The second paragraph of 61-5-47 follows:
No action or suit sounding in tort shall be brought or maintained against the state or any municipality thereof, or the officers, agents, servants, or employees of the state or any municipality thereof, on account of any act done in or about the construction, maintenance, enlargement, operation, superintendence or management of any airport or other air navigation facility.
The first paragraph of section 61-5-47 is the same as section 61-3-83, but the second paragraph of 61-5-47 was not included in the Airport Authorities Act. The addition of the second paragraph specifically providing for tort immunity was not necessary to grant tort immunity because the first paragraph of 61-5-47 unequivocally provides that the acquisition, maintenance and operation of an airport by a municipality is a governmental function.
It is well settled that when a municipality is exercising a governmental function, governmental immunity attaches and the municipality is immune from liability in tort. The two statutes contain a plain and precise statement of public policy. The second paragraph of section 61-5-47 does not add to the tort immunity “which followed automatically from the nature of the function” designated in the first paragraph of the statute.
In addition to the facts stated by the Fifth Circuit, the record shows that the City of Jackson was authorized to issue $3,000,000 of full faith and credit bonds to raise money for the establishment of an airport. This was the genesis of the Jackson Municipal Airport which has grown into a modern facility which eventually required a total of $7,350,000 of bonds of the City of Jackson for its building and construction. The Jackson Municipal Airport Authority was created by the city, operates the Jackson Municipal Airport which was constructed with funds raised by the City of Jackson, and is in fact the alter ego of the City. The majority holding of an immunity liability distinction based on the manner in which a municipality chooses to operate its airport destroys the uniformity of law pertaining to *756the operation of municipal airports. The inconsistency which flows from such a ruling fortifies my opinion that, when the legislature provided that the operation of a municipal airport was a governmental function, regardless of whether it was operated by an airport authority or by the municipality, its statement of public policy was intended to and.did have the effect of supplanting the public policy as found by this Court in Brummett, supra.
II
I agree with the majority holding on the second question certified.
III
The majority opinion does not address the third question certified which is: “If the answers to the above questions are in the negative, of what effect on this case was the enactment of the amendment to 61-3-15(b)? Specifically, does the amended 61-3-15(b) authorize suits in tort for claims accruing prior to the amendment’s enactment, subject only to statutes of limitation that are otherwise applicable?”
Section 61 — 3—15(b) was amended by Chapter 396, Section 3, General Laws 1978 effective July 1, 1978 to read in part as follows:
(b) To purchase general liability insurance coverage, including errors and omissions insurance, for the authority, its officials and employees. Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental function attempted or undertaken by the authority except that where the authority has liability insurance coverage as to any action brought against it, then such action may be maintained against such authority.
It is well established by many cases that this Court has followed the rule that statutes will have a prospective operation only, unless a contrary intention is manifested by a clear and positive expression in the statute. In Mladinich v. Kohn, 186 So.2d 481 (Miss.1966) the'’plaintiff claimed that he was entitled to the benefit of an amendment to the long-arm statute which was to “Take effect and be in force from and after July 1,1964.” The action on which plaintiff sought to bring suit accrued on August 21, 1962 before the effective date of the statute that expanded his remedy. Plaintiff claimed that the statute should be applied retroactively, but this Court disagreed, and held:
The question is whether the legislature intended that statute to be applied retrospectively.
We do not think it did. Chapter 320 is remedial. It did not create a cause of action, but provided a method of obtaining in personam jurisdiction in Mississippi courts for a tort. Although the legislature could have made Chapter 320 retroactive, the issue here is whether such an intent is shown. In a long line of cases, this Court has followed the rule that, in the interpretation of statutes, they will be construed to have a prospective operation only, unless a contrary intention is manifested by the clearest and most positive expression. Hooker v. Hooker, 18 Miss. (Smedes & M) 599 (1848); Brown v. Wilcox, 22 Miss. (14 Smedes & M) 127 (1850); Richards v. City Lumber Co., 101 Miss. 678, 57 So. 977 (1912); Power v. Calvert Mortgage Co., 112 Miss. 319, 73 So. 51 (1916); State ex rel. Knox v. Union Tank Car Co., 151 Miss. 797, 119 So. 310 (1928); Bell v. Union & Planters Bank & Trust Co., 158 Miss. 486, 130 So. 486 (1930); Mississippi Central Railroad Co. v. City of Hattiesburg, 163 Miss. 311, 141 So. 897 (1932); City of Lumberton v. Schrader, 176 Miss. 272, 168 So. 77 (1936); Jefferson Standard Life v. Dorsey, 178 Miss. 852, 173 So. 669 (1937); United States Fidelity & Guaranty Co. v. Maryland Casualty Co., 191 Miss. 103, 199 So. 278 (1941); McCullen v. State ex rel. Alexander, 217 Miss. 256, 63 So.2d 856 (1953); Klass v. Continental Southern Lines, 225 Miss. 94, 82 So.2d 705 (1955); Home v. State Building Commission, 233 Miss. 810, 103 So.2d 373 (1958).
This established rule of construction has been phrased in other ways by the *757above cases: A statute will not be given retroactive effect unless it is manifest from the language that the legislature intended it to so operate. It will not be construed as retroactive unless the words admit of no other construction or meaning, and there is a plain declaration in the act that it is. In short, these cases illustrate a well-settled attitude of statutory interpretation: A preference that it be prospective only, and a requirement that there should be a clearly expressed intent in the act to make it retrospective. See Note, 63 Col.L.Rev. 1105 (1963); Note, 44 Yale L.J. 358 (1934); 84 C.J.S. Statutes §§ 416, 421, 422 (1953); 50 Am.Jur. Statutes §§ 478, 480, 482 (1944).
Although some of the cases from other jurisdictions, cited in the above authorities, hold that a remedial statute does not come within the general rule against retrospective operation, the Mississippi cases have declined to make that distinction, and we see no sound reason to overrule them. Hooker v. Hooker, 18 Miss. (Smedes & M) 599 (1848); Horne v. State Building Commission, 233 Miss. 810, 103 So.2d 373 (1958); Mississippi Central Railroad Co. v. City of Hattiesburg, 163 Miss. 311, 141 So. 897 (1932); Bell v. Union & Planters Bank & Trust Co., 158 Miss. 486, 130 So. 486 (1930); Richards v. City Lumber Co., 101 Miss. 678, 57 So. 977 (1912).
Hooker v. Hooker, 18 Miss. (Smedes & M) 599 (1848), involved a statute which provided a new remedy. Jurisdiction of a second suit was denied because there was no clear legislative intent to make the statute retrospective. (186 So.2d at 482, 483, 484)
One of the questions before this Court in State v. Cummings, 206 Miss. 630, 40 So.2d 587 (Miss.1949) was whether Chapter 127, Laws of 1944, conferring the right to sue the state for recovery of illegally paid taxes, was retroactive as to rights accrued pri- or to the passage of the act or was prospective only. In holding that the statute was retroactive, the Court stated:
The Act itself says “If any person, firm or corporation has paid, or shall hereafter pay ...” taxes for which there was no liability, suit therefor could be brought to recover the same, if payment by the Auditor should be refused. The Act expressly applies to one who “has” paid such taxes.. (206 Miss, at 639, 40 So.2d at 589)
The law applied was no different than the rule expressed in Mladinich, supra, with regard to statutes which confer a right that did not previously exist. In Cummings, the Court held the statute retroactive only because the legislature expressed a clear intent that it be applied retroactively. Cummings does not support appellant’s position because section 61-3-15(b) (Supp.1981) does not contain a clear expression by the legislature that the amendment be applied retroactively.
Appellant relies on Stone v. McKay Plumbing Co., 200 Miss. 792, 26 So.2d 349, suggestion of error sustained 30 So.2d 91 (1947). McKay Plumbing Company filed suit against the State Tax Commission under a statute that authorized suit to recover taxes illegally collected. Final judgment was rendered on December 4, 1945 in favor of McKay and the Commissioner appealed. While the case was on appeal, the legislature amended the statute on March 19,1946 to provide that all suits to recover taxes must be filed within three years next after the time of payment of such taxes. Section 10, Chapter 252, Mississippi General Laws 1946. On the original appeal, this Court held that the amended act abated the action as to all payments made more than three years before the suit was filed on the theory that the state’s consent to be sued can be repealed and modified at any time, even to the extent of defeating pending suits. The Court then reversed and remanded the case. However, the Court sustained a suggestion of error and affirmed the judgment of the trial court, stating:
The crux of this situation — the point on which the case turns — is that the rights of the parties had been finally fixed and adjudicated by the judgment of the court, *758subject to review by this Court on the merits of the case as presented to the lower court. This Court said there was no error on the merits. The Legislature undertakes to wipe out the judgment of a legislative act. (200 Miss, at 820, 30 So.2d at 95)
On suggestion of error, decided by an equally divided Court, the Court held that the legislature cannot by statute divest a person of a judgment obtained in a trial court before the effective date of the statute.
Stone v. McKay, does not support appellant’s argument that the amendment to 61-3-15(b) should be applied retroactively because this case dealt only with a judgment obtained before a statute was amended which would invalidate the judgment.
I would answer the third question certified and hold that 61 — 3—15(b) does not authorize suits in tort for claims accruing prior to the enactment of the amendment because we follow the rule that statutes will have a prospective operation only, unless a contrary intention is manifested by a clear and positive expression in the statute. I find no clear and positive expression in the statute making it retroactive.
CONCLUSION
The amendment to section 61-3-15(b) by the legislature in 1978 authorizing airport authorities to purchase liability insurance and limiting recovery solely to the proceeds of such insurance shows that the legislature was of the opinion it had granted immunity to municipalities operating airports by a municipality airport authority. The amendment specifically provided, “Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental function attempted or undertaken by the authority ...” This language leads to the inescapable conclusion that the legislature intended section 61-3-83 as a grant of immunity to municipalities operating airports by a municipal airport authority. Otherwise, there was no necessity for the amendment authorizing purchase of liability insurance and limiting recovery solely to the proceeds of such insurance.
WALKER, P.J., and BROOM and PRATHER, JJ., join in this opinion.. On the second appeal of Brummett, a judgment against the City of Jackson was affirmed. City of Jackson v. Brummett, 224 Miss. 501, 80 So.2d 827 (1955).