51 S.E.2d 633 | Ga. | 1949
1. An act of the General Assembly, approved March 28, 1947 (Ga. L. 1947, p. 1258), amending the City of Macon's charter so as to expressly provide for the retirement and pension of certain of its employees, having been passed in violation of art. 3, sec. 7, par. 15 of the Constitution of 1945, is null and void, and the trial court properly so decreed it.
2. Under the maxim, "Expressio unius est exclusio alterius," where the General Assembly expressly authorized the municipality to retire and pension a limited class or group of its employees, the power to retire and pension those of another class or group was excluded by implication.
By his answer, the defendant denied that the enabling act of the General Assembly is unconstitutional and void for the reason assigned, and contended that the ordinance enacted by the Mayor and Council is valid whether enacted under the authority of the enabling act or pursuant to the charter powers of the city. He prayed that the court declare him to be entitled to the benefits of the pension ordinance.
To the ruling of the trial court that the city had the implied power, under its charter provisions, to enact the ordinance in question, the city excepted, and filed a direct bill of exceptions; and to the ruling that the enabling act of the General Assembly is unconstitutional and void, the defendant excepted and filed a cross-bill of exceptions.
1. It was stipulated by the parties, "That notice of the intention to *812
apply for passage of an act of the General Assembly (Ga. L. 1947, p. 1258) was properly advertised in accordance with the applicable provisions of the Constitution of 1945, and a copy of such advertised intention, together with the affidavit of the publisher was attached to H. B. 438, which eventuated in passage of the enrolled bill No. 337. However, the bill as enrolled made no reference to advertisement and no copy of the advertisement or affidavit of the publisher or affidavit of the author was attached to such enrolled copy." Under the ruling of this court in Smith v. McMichael
2. The defendant Walker contends, and the trial judge held, that the Mayor and Council of the City of Macon had sufficient implied charter power to enact the retirement and pension ordinance here in question even if the enabling act of 1947 (Ga. L. 1947, p. 1258) is unconstitutional. To this, however, we do not agree. It is elementary that the powers which a city government may lawfully exercise must be derived from its charter or the general laws of this State. Mayor c. of Savannah v.Wilson,
Nor can it be said that the powers granted to the city under its general-welfare clause had the effect of enlarging upon the specific grants of power, since it was expressly stated in the charter that the general grant of powers should be construed to be in aid of those powers specifically granted. (Ga. L. 1927, p. 1301, § 20).
It was therefore error for the trial court to hold that the Mayor and Council had implied power to enact the ordinance here involved.
Judgment reversed on the main bill of exceptions; andaffirmed on the cross-bill. All the Justices concur.