124 Ga. 75 | Ga. | 1905
The contention of the plaintiff in error is that he is illegally restrained of his liberty, for the reason that the judgment
In Mayor of Macon v. Hughes, 110 Ga. 795, after an elaborate collation and examination of the previous adjudications of this court, it was held that where the title of an act specifies some of the objects for which the statute was passed, and contains the general expression “and for other purposes,” any legislation could constitutionally be embodied in the body of the act which was germane to the general subject expressed in its title. If the words, “and for other purposes,” had been omitted, the matter in the body of the act would be limited by the caption; the whole of the act would not be void, but that portion of the body of the act to which no reference was made in the title would fail, as being opposed to par. 8,
It was urged by counsel for the plaintiff in error that this view is antagonistic to that announced by this court in Brieswick v. Brunswick, 51 Ga. 639. Even a cursory examination of that case will suffice to show that Chief Justice Warner, who wrote the opinion of the court, did not intend to be understood as saying the whole of the act then under consideration was void, but only one of its provisions which was not referred to in its title. All that was decided was, that this provision, which was similar to that embraced in section 65 of the act creating a new charter for the City of Milledgeville, related to a subject-matter different from that referred to in the title, and that to this extent the act was invalid, because violative of the constitutional inhibition above mentioned. It is manifest that the court did not undertake .to hold that because the body of the act embraced provisions relating to more than one subject-matter, the act was void in its entirety. If such was the view entertained by the court, there was no occasion for the Chief
Judgment affirmed.