164 Ga. 485 | Ga. | 1927
By the workmen’s compensation act the counties of this State are required to pay compensation for personal injuries to, or death of, its employees, arising out of and in the course of their employment. Acts 1930, p. 169; 9 Park’s Code Supp. 1933, § 3154(a) et seq. The validity of this act, so far as it relates to counties, is attacked upon the grounds: (a) that it violates art. 7, sec. 6, par. 3, of the constitution of this State, which declares that “The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose,’’ except those therein specified; and (b) that it violates art. 7, sec. 16, par. 1, which declares that “The General Assembly shall not, by vote, resolution, or
We deal with these grounds of attack in the order named. Before this court would be justified in declaring this act unconstitutional, so far as it relates to counties, the repugnancy between the statute and the constitution must be clear and palpable. In case of doubt, the constitutionality of the act must be upheld. Wright v. Kirsch, 155 Ga. 229 (116 S. E. 795). With this cardinal rule of construction for our guidance, how does the first attack upon the constitutionality of this act stand? By the paragraph of the constitution first cited, “The General Assembly shall not have power to delegate to any county the right to levy, a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads, and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police; and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, disease and health.” Acts Ex. Sess. 1926, p. 30, amending § 6562. It is contended that the power of a county to levy a tax to pay for injuries to, or death of, .its employees under this act, is derived from the provision authorizing the General Assembly to grant power to counties to levy a tax “to build and repair the public buildings and bridges.” It is insisted that the proposition of law embraced in this contention is supported both by the previous decisions of this court, and by sound logic and good reason. We will first deal with the decisions relied upon to support this contention. In Dearing v. Shepherd, 78 Ga. 28, this court held that the provision which we now have under consideration, empowering the legislature to grant to a county authority to levy a tax to build and repair bridges, conferred upon the county the power to raise money by taxation to pay a judgment arising from injuries caused by the neglect of the- county to keep a bridge in repair. Counsel for the defendant in error rely upon the decision in that case to support their contention that the power granted to the legislature to authorize counties to levy a tax “to build and repair the public buildings and bridges” includes the power to authorize the county to levy a tax to pay compensation for injuries to, or death of, county employees. There is some connection, though not close, between
In Smith v. Floyd County, 85 Ga. 420 (11 S. E. 850), this court held that the language, “to build and repair public bridges,” broadened the taxing power which the legislature may confer upon counties sufficiently to embrace all expenses for constructing and maintaining bridges. In that ease this court held that taxes could be levied for the purpose of paying damages done to private property in constructing approaches to a county bridge. There the relation between the language, “to build and repair public bridges,” and the purposes to which county funds could be applied,, was immediate. and direct. In Townsend v. Smith, 144 Ga. 792 (87 S. E. 1039), this court ruled that .the constitution did not inhibit the delegation by the legislature to any county of the right to levy a tax for tick eradication; and the decision in that case was based upon the language which provides “for necessary sanitation.” The purpose of tick eradication is to render cattle and other animals immune to contagious and infectious diseases due to tick infestation, and thus to render the meats of such animals wholesome for human food. Here the relation between the language, “for necessary sanitation,” and the application of county funds derived from taxation, is clear and unequivocal. In Pennington v. Gammon, 67 Ga. 456, this court held that the constitutional grant of power to tax “to maintain and support prisoners” included the power to organize a chain-gang. This was a method of maintaining and supporting prisoners. In these eases and in others which might be-cited, the application of the county funds bore some clear and reasonable relation to one of the purposes for which taxes could be levied under this provision of the constitution. But it is insisted
So we are of the opinion that so much of the workmen’s compensation act as relates to the counties of this State violates art. 7, sec. 6, par. 2, of the constitution, and that for this reason the court below erred in overruling the appeal of the county and in affirming the judgment of the industrial commission.
This renders it unnecessary to pass upon the other ground of attack upon the constitutionality of this act.
Judgment reversed.