184 Ga. 709 | Ga. | 1937
As stated in the brief of the plaintiff in error: “The issues of law embodied in the assignments of error are as follows: (1) Was the provision of article 13 of the constitution of Georgia, requiring amendments thereto to be voted on at the ‘next general election/ complied with? Stated differently, was the election of June 8, 1937, a general election within the intent and meaning of said provision? (2) If the election held on June 8, 1937, was such an election as was contemplated by article 13 of the constitution of Georgia, did the proposed amendment repeal the following provision of paragraph 1, section 7 of article 7 of the constitution of 'Georgia: ‘and no such county, municipality, or division shall incur any new debt, except for a temporary loan or loans, to supply casual deficiencies of revenue not exceeding one fifth of one per centum of the assessed value of the taxable property therein, without the assent of two thirds of the qualified voters thereof voting at an election for that purpose to be held as prescribed by law.’ ”
The entire brief of the plaintiff in error is devoted to a discussion of these two questions. Consequently the case will be dealt with only in so far as relates to these questions. In article 7, section 7, paragraph 1, of the constitution adopted in 1877, it is declared: “The debt hereafter incurred by any county, municipal corporation, or political division of this State, except as in this constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt, except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one fifth of one per centum of the assessed value of the taxable property therein, without the assent of two thirds of the qualified voters thereof, voting at an election for that purpose to be held as prescribed by law; . . But any city the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this constitution may be authorized by law to increase at any time the amount of said debt three per centum upon such assessed valuation.” This has several times been amended, as mentioned in an editorial note to § 2-5501 of the Code of 1933. The substance of the amendments is not material to the questions now involved, and will not be stated.
It is contended that the above-quoted proposed amendment did
The three elections mentioned in that case were provided for by legislative enactment in force at the time of the adoption of the constitution of 1877. But this is insufficient to require a construction of the constitution that would prevent its application to statutes enacted in the future providing for the holding of general elections. Statutes of that character were not involved in the Moore case, and consequently nothing was said as to statutes enacted in the future. But if such had been involved, it would have been proper to hold that elections held under such statutes were general elections within the meaning of the constitution. The prime object of submitting the question is to afford all the legal qualified voters of the State opportunity to express their choice on the question of ratification. Where future enactment provides for this result, the constitution should not be construed as denying effect to the enactment merely because it was adopted after the-constitution. The three elections mentioned in the Moore case were elections for persons to offices of various kinds as mentioned in the opinion; whereas the elections provided for in the act now in question are (a) for elections of persons to fill vacancies in offices, and (b) to submit the question of ratification of proposed
The provisions of article 7, section 7, paragraph 1, of the constitution (Code, § 2-5501) would inhibit the City of Atlanta from incurring the bonded indebtedness involved in this case, “without the assent of two thirds of the qualified voters thereof, voting at an election for that purpose to be held as prescribed by law.” This refers to a local election. The proposed amendment to the constitution voted for at the June, 1937, election, and duly ratified as a part of the constitution, declares in its concluding words: “Said refunding bonds shall be issued when authorized by a vote of the mayor and general council, and shall be validated.” This part of the amendment, in so far as relates to the particular bonds described therein, modifies the above-quoted provision of article 7, section 7, paragraph 1, of the constitution to the extent that a local .election shall not be required, but in lieu thereof the issue of the bonds may be authorized “by a vote of the mayor and general council.”
Under application of the principles ruled in the foregoing syllabus and opinion, the judge did not err, for any reason assigned, in overruling the objections to the validation of the bonds, and in dismissing the intervention.
Judgment affirmed.