145 Ga. 112 | Ga. | 1916
(After stating the foregoing facts.)
Under the provisions of section 6, the Borne Bailway & Light Company filed in the district court of the United States its equitable petition for injunction; and that petition has not yet been disposed of. The last clause of section 6 of the act of 1914 makes it mandatory that “the work shall not begin until said injunction suit is finally determined.” In section 4 of the act the county authorities of Floyd county were authorized to require of any street-railway company or electric-railway company, as a condition precedent to laying its tracks, placing wires, or operating cars
The defendants insist that the provision in section 6 of the act, to the effect that work shall not begin until the injunction suit is finally determined, is unconstitutional and void; that the board of commissioners of Floyd county, under the general laws of the State, have the power and authority, under the circumstances shown in the petition, to construct'the bridges at such time as they may deem best; that the provision in-the special law is violative of the provisions of art. 1, sec. 4, par. 1, of the constitution of this State, which provides that no special law shall be enacted in any case for which provision has been made by an existing general law; and that under the existing general law the county authorities could let the contracts and have the work done which they are now seeking to do. We differ with counsel for defendants who urge this contention. We are of the opinion that the county authorities are proceeding under the provisions of 'and by virtue of the authority vested in them by the special act of 1914. It may be that the streets and bridges of a city are a part of the highways of a county, and that to a certain extent the county authorities may exercise jurisdiction and control over them; but we do
We make these excerpts from the authorities referred to, to show that where county authorities seek to tear down bridges constituting a part of the streets of a city, and where there is a special act of the legislature conferring upon them the power to thus tear down and destroy existing bridges and to interfere with the highway in the municipality existing at that time, the power upon the part of the county authorities to do these things is referable to the special act, and not to the general law limiting and defining the jurisdiction and powers of boards of county commissioners. And applying that ruling to this case, we hold that the authority
It has been very earnestly urged in the argument of counsel for defendants in error, that it would be very unfortunate, if not disastrous, for the county for these contracts to be declared illegal; that the building of these bridges involves a very large sum; and that the contracts which the county authorities have were made upon terms more advantageous to the county than can again be secured. And it is no doubt true that under the circumstances the bridges should be built at as early a date as possible. But we can not for such reasons ignore the plain provisions of the statute in regard to the letting of contracts for public works. We can not make exceptions not contemplated by the statute. Where the strict mandate of the statute applies, this court is forced to apply it; and therefore we are forced to hold that the court erred in refusing to enjoin the carrying out of these contracts.
Judgment reversed.