96 Ga. 614 | Ga. | 1895
It appears from the record in this case, that the plaintiff in.error, at the last general election for county officers held in this State, was elected by the people of Bibb "county to the office of county treasurer for that county. A commission issued to him, and, in order to qualify, it was necessary that his bond be approved by the county commissioners of Bibb county. He tendered a boud, which, so far as the record discloses, was in all respects "satisfactory. This bond the commissioners declined to approve, assigning as a reason, that by an act passed by the General Assembly in’1876 the office of county treasurer for that county was abolished; that they did not now recognize the existence of such an office; and declined to qualify the plaintiff’ in error, who claimed to have been elected. He thereupon filed a petition, praying for a mandamus nisi as against the county commissioners, requiring them to show cause why said bond should not be approved and he should not be qualified as county treasurer. The judge of the superior court issued a mandamus nisi, and, in response, the commissioners answered the non-existence of the office alleged, because of its abolition by the act of the legislature passed .as aforesaid. Hpon hearing the petition and answer, with the agreed statement of facts set forth in the official "report, the circuit judge denied a mandamus absolute, and from that judgment this writ of error is taken.
It is insisted by the plaintiff in error, that the act of 1876, which is relied upon by the defendants in error to defeat his claim to the office of county treasurer, is unconstitutional, as being in conflict with article 9, paragraph 1, of the constitution of 1868, which constitution "was then of force in the State. "Whether or not this act is unconstitutional, depends upon whether,' at the
Let the judgment of the court below be Reversed.