130 Ga. 694 | Ga. | 1908
A local act authorized the establishment of a dispensary in the Town of Blakely for the sale of ardent spirits; etc., and provided, in section 11, that the proceeds arising from sales should be applied to the pajunent of such liabilities as should be incurred in the operation of the dispensary, and that, after retaining an amount sufficient for the maintenance of the dispensary, “one half of the remainder shall go into the general fund of the county treasury of Early county, and the other half shall be paid to the school fund of said county, to be managed by the board of education.” By section 12 of the act, the Town of Blakely and all other towns in the county were prohibited from imposing any tax or license upon the dispensary so established. Acts 1897, p. 566. Afterwards an act in the nature of an amendment'to the charter of the Town of Blakely was passed, to incorporate the City of Blakely (Acts 1900, p. 219), which in express terms declared, that “This act shall not be construed as destroying and ending the powers hitherto conferred upon the Town of Blakely by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Blakely and as continuing the existence of said town, but changing it to a city, reserving and saving to it, in its new corporate form, all the powers, rights, privileges, duties, and liabilities of said town through its charter, the amendments
Judgment affirmed.