113 Ga. 746 | Ga. | 1901
Upon the petition of J. W. Whiteley, the proprietor of the Gibson Record, the only newspaper published at the county site of Glascock county, the judge of the superior court granted a mandamus absolute, compelling the sheriff of that county to insert his legal advertisements in that newspaper, although there was another newspaper published in the same county at a place other than the county site, which, according to the sheriff’s answer,
Thus stood the law at the time of the passage of the above-mentioned act of 1899. By this act it was declared that section 5462 of the Civil Code should read as follows: “ If the ordinary, sheriff, or other officer is unable to procure the advertisements at the rate herein prescribed, in a newspaper published in the county at the county site of said county, then he is authorized to have said advertisements published in any newspaper in this State having the largest general circulation in the county ; provided, said rates are agreed upon; provided, further, if contracts can not be made with newspapers at the rates aforesaid, then the sheriff and ordinary, or other advertising officers, shall post their advertisements in the court-house and in a public place in each militia district in the county for the length of time required by law for advertising in newspapers; provided, there is no newspaper published at the county site, then any paper published in the county shall be next entitled to the public advertisements.” Manifestly, therefore, under this section as amended, the sheriff must select as the organ of his official advertising a newspaper published at the county site of his county, if such an one there be whose proprietor will accept the legal rates. If there be only one such newspaper, as in the present instance, the sheriff’s legal advertisements must be published in it; if more than one, he has the right of selection. On the argument here, and in the brief of counsel for the plaintiff in error, it was insisted that the act of 1899 was, for reasons assigned, void and unconstitutional. Inasmuch, however, as the bill of exceptions presents no question involving the points thus sought to be made upon this act, we can not undertake to pass upon the same. See Hill v. State, 112 Ga. 400; White v. Screven County, Ibid. 804.
Judgment affirmed.