86 Ga. 605 | Ga. | 1891
' That the objection now urged against the tax might as-well have been urged against the creation of the municipal obligation rendering the tax necessary, see Hudson v. Marietta, 64 Ga. 286 ; County of Dougherty v. Boyt, 71 Ga. 484; Gavin v. City of Atlanta, 86 Ga. 132, 12 S. E. Rep. 262 ; Crampton v. Zabriskie, 101 U. S. 601, 609 ; Howell v. City of Peoria, 90 Ill. 104 ; 1 Dillon Municip. Corp., 4 ed. §197 et seep ; Cooley Taxation, 764.
Of the thirteen complainants one is a woman, and
The provision in the act of 1889 (pp. 1805-6), under which the election was held, reads thus : “This act shall be submitted to an election for approval or disapproval by the qualified voters of the town of Lumpkin ; said election to take place on such day as the mayor and council may determine, notice of which election shall be given by the mayor of said town by publication in any newspaper published in the town of Lumpkin once a week for four weeks previous to the day of election.
6. Mere administrative acts on the part of the local board of education are complained of, but it is enough to say of these that they furnish no cause for enjoining the collection of the school tax. If as’public functionaries the board fail to execute their duties conformably to law, the remedy is not to cut oif their supply of money by enjoining lawful taxation or the collection of taxes legally assessed, but some other appropriate proceeding.
There was no error in denying the injunction.
Judgment affirmed.