108 Ga. 327 | Ga. | 1899
Under the provisions of an act of the General Assembly, approved August 31, 1891, a dispensary for the sale of liquors was established in the City of Athens. The act provided that the city should furnish the money to start the business of the dispensarjq which was to be paid back to the city out of the profits, and that after the city was thus reimbursed, the net profits, if any, should thereafter “be equitably divided between the .City of Athens and the County of Clarke, upon a plan to be agreed upon each year bjr the mayor of the City of Athens and the ordinary of the County of Clarke for the time being”; and that if they failed to agree, the mayor should select a citizen of the city, and the ordinary should se
Counsel for the plaintiff in error contend that the question “ whether the ordinary or,, the commissioners have the power and authority to deal with the mayor as to the profits of the dispensary, . . turns upon the legal effect of the act of 1897, creating the commission,” and that by section four of that act the power and authority in this respect conferred upon
In this discussion we have waived the question whether the power and duty in relation to providing for an equitable divi
Counsel for the plaintiff in error say : “When we turn to section 4238 of the code to see what were the county matters vested by law in the several ordinaries, we find this language : ‘ The ordinary, when sitting for county purposes, has original and exclusive jurisdiction over the following matters, to wit: In directing and controlling all the property of the county as he may deem expedient according to law.’ The language of the act in question uses the same expression, as to the commissioners, that the law of the code did as to the ordinary.” They then contend that the money in the hands of the City of Athens ■for division and the rights of the County of Clarke in relation thereto, are both property, and as the county commissioners have the right to control and direct all the property of the county as they deem expedient according to law, it necessarily follows that they are entitled to exercise the power in reference to the division' of this fund for which they contend in the present case. Irrespective of what we have already said, in reference to the construction of the two legislative acts in question, we think this argument is clearly fallacious. Is the ordinary of .Clarke County sitting for county purposes, when he is conferring with the mayor of. Athens and endeavoring with him to agree upon a plan for an equitable division of the net profits of the dispensary between the city and the county? We do not think so. If he can be said to be sitting as ordinary at all, is he sitting any more for county purposes than for city purposes, when 'the purpose of his sitting is to see that an equitable division is made between the county and the city? When an ordinary sits for county purposes, he sits alone, and has original and 'exclusive jurisdiction, a jurisdiction which, it is obvious, can not be shared by any other officer, State, county, or municipal, or by any private citizen. Again, the jurisdiction of an ordinary, sitting for county purposes, being exclu
Judgment affirmed.