177 Ga. 149 | Ga. | 1933
On January 13, 1932, the Mayor and Aldermen of the City of Savannah passed an ordinance which in its first section ordained that it should be unlawful for any person, firm, association, or corporation to use the streets of the City of Savannah for the purpose of transporting passengers or goods for hire from a point without the County of Chatham into or through the City of Savannah, except upon conditions stated in the ordinance and
Unfortunately for the fate of this ordinance, the General Assembly, on August 27, 1931, had incorporated in section 18 of the
It is apparent that a large number of questions could be discussed, dependent upon the points raised by the several demurrers, and each of these is lengthily and learnedly argued by learned counsel for plaintiffs and defendant. However, in our opinion there are
The questions raised as to the unconstitutionality of section 18 of the act of 1931, presented in the instant cases, were decided in the Ader case, supra. Section 18 of this act is not unconstitutional on the ground that it refers to more than one subject-matter, or contains matter different from what is expressed in its title. Nor does said section violate art. 1, sec. 1, par. 2 and 3, of the constitution of 1877, which provide that protection to person and property is the paramount duty of government, and shall be impartial and complete ; and that no person shall be deprived of life, liberty, or property, except by due process of law.
The two questions which have been dealt with are controlling, and any reference to the minor questions raised by rulings upon special demurrers would be superfluous at this time. The cross-bills of exceptions attack the ordinance upon various constitutional grounds. Since the court is of the opinion that the city ordinance is void for the reasons already stated, it would be unnecessary to give any further reasons, and none more conclusive could be given. Consequently the cross-bills will be dismissed.
Judgment affirmed on the main bills of exceptions. Gross-bills dismissed.