78 Ga. 547 | Ga. | 1887
This was a suit at the instance of the governor of the State of Georgia against Henry J. Lamar and his co-defendant, Bryan, brought to forfeit their control to the management of the reservation at the Indian Spring. It was instituted under a resolution of the General Assembly, approved September 23d, 1883. This resolution was based upon information conveyed by the report of the attorney-general of the State, that “the lessee or agent” of the State in charge of the Indian Spring reserve had violated
This act licenses Lamar, his heirs and representatives, to make certain improvements, and to enjoy certain privileges, upon condition that he shall perform certain duties and render to the State such services as are therein specified. Among other things, it was his duty to keep open roads or paths on the reserve of ample width to admit an easy approach to and from the spring for the use and accommodation of the public. The terms of the act limit his power to make roads, promenades, walks, etc. to the ten acres reserved and belonging to the State at and around the spring, as also other buildings enumerated in the various sections of the act, together with a bridge or bridges across the stream adjacent to the spring. The erection of these bridges are privileges conferred, and not duties imposed. His obligations to the State in that respect were performed, if roads and bridges of ample width to afford an easy approach to and from the spring were at all times kept open for the public use on the reserve. He was not compelled, in our judgment, to go beyond the boundaries of the reserve to open and keep in repair the roads and paths between the boundaries and the public highway for the accommodation of those visiting the spring, nor was he under obligation to erect bridges across contiguous streams outside of the reserve to facilitate access to the spring. He had the privilege of doing this, and it was optional with him to exercise that privilege or to let it alone. So we think there was error in refusing to give the charge embodied in the fifth ground, and in giving that embodied in the fourth ground of the amended motion for a new trial. And on this ground alone we reverse the judgment.
The question as to the ruling about disclaimer of title need not now be considered, as there will be another hearing of the case, when it can be passed upon in all its aspects and bearings. Whether the governor can still exercise the right of removing Lamar from his agency and appointing another agent, or whether the transfer of possession and control by Lamar to Bryan is a violation of the contract, we do not determine. We see no objection to the legislature’s transferring this right of removal from the executive to the courts, and are of opinion that the latter question should be passed upon by the court and jury under the facts which may be developed on the trial.
Judgment reversed.