162 Ga. 810 | Ga. | 1926
(After stating the foregoing facts.) The controlling question in this case is, whether or not the county authorities can expend money arising from the sale of bonds like those involved in this case, the proceeds of the sale of which were to be used “for the paving and grading of new and old roads in Mitchell County,” for the paving of certain streets in the City of Pelham. The streets in controversy were not a part of State-aid roads, but the plaintiffs in error submitted evidence to show they were parts of the public roads or the public-road system in Mitchell County. The showing upon this question was such that if the county authorities can expend upon the streets of a city the money derived from the source from which these funds arise, it can only be concluded that there was no abuse of discretion upon the part of the county authorities in deciding to pave the streets in question. And if the streets of Pelham, the paving of which was in contemplation, were State-aid roads or a part of State-aid roads, it would seem that there could be no question as to the right of the county to improve the same and expend the county funds in that improvement, under the decision in Lee County v. Smithville, 154 Ga. 550 (115 S. E. 107). Counsel for
We do not think, however, that the ruling made in that case is applicable to the precise question which we have before us. The roads in question before the court when that case was decided were State-aid roads; for in another portion of the decision, it was said: “But the legislature can adopt a State system. The State, through its legislature, has as much power and control over the laying out, construction, maintenance, and closing of the highways, streets, lanes, and alleys of municipal corporations as it has over other public highways. It may change, alter, or abolish either class of these highways at will. The power to have opened, worked, repaired, improved, or closed the public highways, streets, and roads may be exercised by the legislature in such manner and way, and under such circumstances, as it may deem best. There is no constitutional or other limitation on .this power in this particular matter. City of Atlanta v. Gate City Gas Light Co., 71 Ga. 107; Hayden v. Atlanta, 70 Ga. 817. . . It can delegate its exercise to a municipality within its limits. It can withdraw this power at will from the municipality, in whole or in part. In the exercise of this undoubted power, the State has adopted a system of locating and building what are denominated ‘State-
The alternative road law contained in sections 694-704, Political 'Code, has been adopted in Mitchell County; and the word'“road,”
It follows from what we have said above that the court did not err in granting the injunction complained of. And in view of the ruling made, it is not necessary to consider the question as to whether the injunction was authorized by the failure to advertise the contract according to the provisions of the statute.
Judgment affirmed.