162 Ga. 641 | Ga. | 1926
The first contention with which we will deal is that the ordinance is void because the salaries named therein are unreasonable. The complainant at the hearing introduced evidence tending to show the amount of money necessary to pay the salaries of the firemen of Atlanta for the year 1925, and the proposed apportionment sheet for the year 1926, “now being considered by the finance committee.” Also evidence tending to show the value of fixed assets of the city as well as liabilities, including' bonded indebtedness. On the evidence thus submitted the trial judge held that the salaries named in the proposed ordinance are reasonable. From the evidence before us we are unable to say that the court erred in thus holding. Moreover, from the briefs submitted, it does not appear that the plaintiff attached much importance to the assignment of error on this point. As a general proposition, the courts of other States have held that the legislative body of a municipality, “within a reasonable and fair compass,” may fix the wages paid to city employees and prescribe rules with reference to such services; and it is said in connection with the above that “with such 'grant of power there is always the implied duty to keep within the bounds of what is reasonably fair and proper, and particularly bearing in mind that the council is a body chosen to represent and subserve the best interests of the community at large.” For an elaborate discussion of this question, 'reference is made to the case of Wagner v. Milwaukee, 177 Wis. 410 (188 N. W. 487), and the authorities there cited. In this connection the argument is made that such salaries are unreasonable because based on the salaries paid to mail carriers by.the United States Government. We will not argue or dwell upon this point, because under our view it is unnecessary. We think it unnecessary because we hold that the reference made in the ordinance to
The next contention is that the ordinance and the election held thereunder are void, because the same are based on a void act of the legislature; that section 215(b), of the act amending the charter of the City of Atlanta is void, because it undertakes to delegate legislative authority to the people at large, and not to elected representatives forming a body legislative .in character. As we construe this contention, it is similar to the contention made in Pacific States Telephone &c. Co. v. Oregon, 223 U. S. 118 (32 Sup. Ct. 224, 56 L. ed. 377). The attack in that case was on the statute passed by the legislature of the State of Oregon and submitted for approval to a popular vote of the 'people of that State; thus the question was as to the constitutionality of what is known as the “initiative and referendum.” The opinion was written by Mr. Chief Justice White, and the opening sentences of the opinion are as follows: “We premise by saying that while the controversy which this record presents is of much importance, it is not novel. It is important, since it calls upon us to decide whether it is the duty of the courts or the province of Congress to determine when a State has ceased to be republican in form and to enforce the guarantee of the constitution on that subject. It is not novel, as that question has long since been determined by this court conformably to the practice of the government from the beginning to be political in character, and therefore not cognizable by the judicial power, but solely committed by the constitution to the judgment of Congress.” In the case of Kiernan v. Portland, 57 Ore. 454 (112 Pac. 402, 37 L. R. A. (N. S.) 332), will be found an elaborate discussion of the question, in which many authorities are cited. Thus it will appear as well settled, that the question of the power of a State or municipality to submit a referendum like
It should be borne in mind that we are still dealing with section 1 of the ordinance, because there are at least two kinds of referendum. One, in which the legislation has been approved by the legislative body, the only question submitted to a popular vote being whether or not such legislation shall be vitalized; • that is, whether it is to become effective and put into operation. The other is where the legislation is submitted in all its bearings and details for approval to a popular vote without legislative approval. Section 1 of the ordinance falls within the first classification; at least we assume that fact from the pleadings and the evidence. The ordinance is attached as an exhibit to the petition, and the following words immediately precede section 1: “Be it ordained by the Mayor and General Council of the City of Atlanta, as follows:” This State has been committed for many years to that character of referendum which submits to the electorate the question whether legislation framed and approved by the General Assembly shall become operative. The practice has invariably been that the General Assembly prescribed the main scheme of the legislation, and submitted only the minor details to be decided by popular vote. Southern Railway Co. v. Melton, 133 Ga. 277 (65 S. E. 665); Richter v. Chatham County, 146 Ga. 218 (91 S. E. 35); Cavanaugh v. Gerk (Mo.), 280 S. W. 51; 99 Central Law Journal, 298, and annotations. Instances of such delegation of power are found in our local option and fence laws, numerous municipal charters submitted both as a whole and as to separate parts, road laws, change of county site, the issuance of bonds, the formation of school districts, the levy of school tax, and the like. The constitution of Georgia declares (article 1, section 1, paragraph 1, Civil Code (1910), § 6357) : “All government, of right, originates with the people, is founded upon their will only, and is instituted solely
It is also contended that section 215(b) is void, because it is in conflict with article 1, section 1, paragraph 3, of the constitution of the State of Georgia (Civil Code (1910), § 6359), which provides: “No person shall be deprived of life, liberty, or property, except by due process of law.” If the act of the General Assembly furnishes the taxpayers notice and hearing before the act becomes operative, it follows that there is no lack of due process. The act is not open to this objection. The taxpayers are presumed to qualify, to inform themselves as to the merits of the proposed issues, and to exercise their rights as voters in all elec
It is also contended that section 215(b) of the act is unconstitutional and void, because it violates article 3, section 7, paragraph 8, of the constitution of Georgia '(Civil Code (1910), § 6437), which provides: “No law or ordinance shall pass which refers to more than one subject-matter, or contains matter different from what is expressed in the title thereof.” The title of the act is as follows: “An act to amend an act establishing a new charter for the City of Atlanta, . . and the several acts amendatory thereof, and for other purposes.” We do not think the act subject to this criticism. In a long series of decisions, beginning at a very early date, this court has decided that all doubts as to the constitutionality of an act will be resolved in favor of its validity, and also that under the usual caption to acts providing for municipal charters, such as the one now under consideration, great liberality is to be allowed, and the legislation may include any provisions in the act which are germane to the general subject embraced, and this would include any matters within the usual powers conferred upon a municipality. Allen v. Tison, 50 Ga. 374; Mayor &c. of Macon v. Hughes, 110 Ga. 795, 804 (36 S. E. 247); Mayor &c. of Americus v. Perry, 114 Ga. 871 (40 S. E. 1004, 57 L. R. A. 230); Welborne v. State, 114 Ga. 793, 821 (40 S. E. 857); Ogles-by
In Mayor &c. of Savannah v. State ex rel. Greene, 4 Ga. 26, 38, Judge Lumpkin referred to the history of this clause in the following language: “I would observe that the traditionary history of this clause is, that it was inserted in the constitution of 1798 at the instance of General James Jackson, and that its necessity was suggested by the Yazoo act. That memorable measure of the 17th of January, 1795, as is well known, was smuggled through the legislature, under the caption of an act Tor the payment of the late State troops/ and a declaration in its title, of the right of the State to the unappropriated territory thereof, Tor the protection and support of its frontier settlements/ ”
In the cross-bill of exceptions the defendants complain that the court erred in not holding the entire ordinance valid, and in enjoining the mayor and council from putting into operation section 2. In providing in section 2, that, “should the salaries paid said mail carriers be increased in the future, the salaries of members of the Atlanta Eire Department shall be accordingly increased,” the municipality undertook to delegate to the Federal Government the power to increase the salaries of employees of the City of Atlanta, without regard to the reasonableness of such pay, and without regard to the available income of the city. Moreover, such increase may occur without the knowledge or intent of such Federal authorities. Indeed, it is altogether unlikely that in fixing the pay of mail carriers in the City of Atlanta, such Federal authorities would even be cognizant of the fact that in so doing
The City of Atlanta can not abandon its legislative power and confer it upon the Federal authorities. To do so would render it impossible for the municipality to modify or alter the salaries, which, under the ordinance, must be paid according to rates arbitrarily raised without even the intention of the Federal authorities to do so. Compare Macon Street R. Co. v. Macon, 112 Ga. 782 (38 S. E. 60). We' know of no case where such an ordinance has been held valid. The City of Atlanta has only such powers as have been constitutionally conferred by the General Assembly, and these powers the city is without authority to surrender to the national government, and thus deny to the city the Tight to control its own internal affairs. In cases much less extreme, this power has already been denied in this State as well as in other States. It is argued, in favor of the 'validity of section 2, that many laws of this State have been enacted to take effect according to the Federal census. It is true that quite a number of statutes have been enacted by the General Assembly with a proviso that they were to operate only in localities shown to possess a certain population according to the United States census. We do not think that this is in any sense recognizing the validity of Federal legislation. This amounts to no more than restricting the operation of such laws to territory of a certain population, and providing as a means of determining the population that the census of the United States shall be resorted to as binding evidence. The taking of the Federal census is not legislation, although the taking of the census is itself in pursuance of Federal legislation. In City of Atlanta v. Stein, 111 Ga. 789 (36 S. E. 932, 51 L. R. A. 335), the headnote is as
It is true that in section 215(b) of the act in question the following language is found: “If the same [proposed legislation]
Judgment affirmed on loth hills of exceptions.
