115 Ga. 266 | Ga. | 1902
In December, 1901, the General Assembly passed an act establishing a dispensary for the City of Rome in the County of Floyd. This act directed that an election should be held on February 18, 1902, to determine whether or not the dispensary act should go into effect. The election was duly held, the votes for the dispensary being 1459 and those against it 1190. After the election, Chamlee filéd an equitable petition to enjoin the ordinary of the county from declaring the result of the election. In this petition various allegations were made which will be considered later. The judge refused to grant a restraining order, and Chamlee excepted. Kay & Brother filed a petition against the municipal and county officers, to enjoin them from electing dispensary commissioners. The judge refused to grant a restraining order, and the petitioners excepted. Subsequently McDonald and others, as citizens and taxpayers, filed a petition against the dispensary commissioners who had been elected, and against the City of Rome and
Nor do we think the act contains matter different from what is expressed in its title, or refers to more than one subject-matter. It was argued that it was unconstitutional on these grounds, because its result was to alter and amend the charter of the City of Rome and to revoke its right to grant licenses for the sale of liquors. While süch may be the effect or result of the act, we are clear that
Nor can this court declare the act unconstitutional because there was no publication of notice as required ih the Civil Code, § 5778. Conceding that this was a local act and that- such notice should have been published, this court must presume that the requisite publication was made, unless the contrary appears from the journals of the legislature. Peed v. McCrary, 94 Ga. 487.
Judgment in each case affirmed.