162 Ga. 340 | Ga. | 1926
Colquitt County filed its petition against Peter F. Bahnsen as State Veterinarian, and made these allegations. In 1923, after the authorities in Colquitt County had been dipping cattle for the eradication of cattle-fever ticks for several years, said county was declared by the proper authorities to be free from cattle-fever tick infestation, and said county was relieved from all State and Federal quarantine restrictions. Such release was made under the special direction and instruction of Bahnsen as State Veterinarian. In August, 1925, said officer discovered a reinfestation of such tick in that portion of said county which adjoins Thomas County. Thereupon said officer quarantined all sections of said County of Colquitt. Such quarantine restrictions are still in existence, and are being rigidly enforced by said officer by his agents and representatives. Said officer is charged by law with the duty of eradicating cattle-fever tick from such reinfested area, at the expense of the State and without expense to the county. He
In his answer the defendant admitted all of the allegations of the petition, except as herein stated. He denied that upon the discovery of the reinfestation of the county with cattle-fever tick
The defendant further set up that under section 3 Of the act of August 18, 1934 (Georgia Laws 1934, p. 79), and under the act
At the hearing of the application for mandamus “both sides agreed that the sole question involved by the petition and answer in said case was a question of law for determination by the court, it being admitted by the defendant in said case that all of the material allegations of the petition were true.” The judge denied the mandamus absolute. “To this ruling, order, and judgment of the court, in denying the rule absolute and finding for the defendant, the plaintiff therein, Colquitt County, then and there excepted and now excepts, and assigns said ruling, order, and judgment as error, as being contrary to law, and contends that the court should have granted a rule absolute in said case, as prayed for in the petition.” The defendant moved to dismiss the bill of exceptions, upon the ground that it .did not distinctly specify the errors complained of.
The bill of exceptions does not expressly state what was the question of law which the court had to determine; but in effect the question submitted to the court was whether the county, under the allegations of its petition, was entitled to the.mandamus sought. In other words, the question for decision by the court was whether, under the allegations of the petition, the county was entitled to the relief which it sought. The trial judge denied this relief. • To his judgment denying to the county the mandamus absolute the county excepted on the ground that it is contrary to
The question for our determination is whether, after cattle-fever ticks have been eradicated, under the act of August 17, 1918, commonly known as the State-wide tick-eradication act, and there has been a complete release of all State and Federal quarantine regulations, and there has been a reinfestation of the tick-free county, the State or the county shall bear the expense of providing or repairing necessary vats and furnishing the arsenical solution required in the eradication of ticks from such reinfested area. The county contends that this expense must be borne by the State. The State Veterinarian asserts that it must be borne by the county. By section 2 of the act of August 17, 1918, it is provided, “That on or before the first day of April, 1919, the ordinary, county commissioners, or officers in charge of the county affairs in each and every county where tick eradication has not been completed shall construct such number of dipping-vats as may be fixed by the State Veterinarian, or his authority, and provide the
The contention of the State Veterinarian is, that, construing section 2 of the act of 1924 and section 3 of the act of 1918 together, the State is only liable for the salaries of the necessary number of local connty inspectors or agents who may be employed in doing this work, and whose salaries .were to be paid by the counties under the provision of section 3 of the act of 1918. He bases this contention upon the language “as at present provided in section 3 of the act approved August 17, 1918, commonly known as the State-wide tick-eradication act,” which he construes to mean that the State shall only provide 'for the salaries of the inspectors or agents whose salaries under section 3 of the act of 1918 had to be paid by the counties. We do not agree to this contention and to this construction of the above language. Hnder section 2 of the act of 1924 it is declared that “any subsequent re-infestation of a tick-free area shall be eradicated by the State Veterinarian at the expense of the State and without expense to the county.” Standing alone this language puts upon the State the whole expense of eradicating any subsequent reinfestation of a tick-free area. It is to be done without expense to the county. It is thus to be done not partly at the expense of the State and partly at the expense of the county. The language, “as at present provided in section 3 of the act approved August 17, 1918,” refers
Judgment reversed.