96 Ga. 251 | Ga. | 1895
In 1889 the legislature, upon the recommendation of the municipal authorities of the town of Decatur, passed an act to authorize the establishment of a system of public schools in that town, and to provide for acquiring property and buildings and raising revenues to maintain the schools. (Acts 1889, p. 1292.) Under the constitution (art. 8, section 4, paragraph 1; Code, §5207), it was necessary, before the act could go into effect, that it should be submitted to a vote of the qualified voters in the town, and “approved by a two thirds vote of persons qualified to vote at such election.” The act provided for such an election, but did not prescribe
1. It was argued by counsel for the plaintiff in error, that the act of 1889 not having provided the means of ascertaining the number of persons qualified to vote at the election, the common law rule prevailed; and two thirds of the persons voting having voted to approve the act, this was sufficient. That act, however, is to be construed in connection with the act of 1893, above referred to, which does provide a means for ascertaining who the qualified voters are, the latter act, as we have seen, conferring power and authority upon the mayor and council to provide for the registration of voters prior to “any municipal election in said town.” It would have been competent for the municipal authorities, by a proper registration ordinance, to have ascer
2. The coux-t below did not ex-r in gx’anting the ixxjunction. Judgment affirmed.