55 S.E.2d 564 | Ga. | 1949
1. The provisions of the Voters' Registration Act (Ga. L. 1949, pp. 1204-1225), that the compensation of registrars and other necessary expenses shall be paid as other county bills are paid, from the county treasury, do not conflict with the requirements of the act creating the office of Commissioner of Roads and Revenue of Walker County (Ga. L. 1939, pp. 751-765). Under section 12 of the latter act, the Commissioner of Roads and Revenue is specifically charged with the duty of "examining, settling, and allowing all claims against the county, according to law."
2. "While mandamus will lie to compel performance of official acts where the duty to discharge them is clear, it will not lie to compel a general course of conduct and the performance of continuous duties." Richter v. Jordan,
(a) Under the foregoing rules of law, the County Commissioner of Walker County could not be required to approve for payment alleged items of expense to be incurred under the Voters' Registration Act.
(b) The petition for mandamus having alleged that the Board of Registrars had actually performed some services, they were entitled to the compensation provided by law for the services rendered. Howell v. Bankston,
(c) The provision of the Voters' Registration Act for the payment of specific expenses by the counties, "and all other necessary expense *10 in connection with the registration of voters," is insufficient to charge the county with attorneys' fees in an action for mandamus against the County Commissioner of Walker County, since ordinarily the services of an attorney must be paid for by the client who employs him. Code, § 20-1404; 14 Am. Jur. 38, § 63; 35 C. J. S., p. 207.
(d) The trial court erred in making the mandamus absolute for items of expense not actually incurred and examined and approved by the county commissioner.
Judgment affirmed in part and reversed in part. All the Justices concur.
Demurrers were interposed by the defendant to the petition, as hereinafter dealt with in the opinion. The defendant also filed an answer admitting some of the allegations, and averring among other things substantially the following: The total number of electors who will qualify under the registration law will not exceed 12,000, and the task of completing the registration list within the time provided in the act will not require the amount alleged for clerical assistance and equipment, and will not require the registrars to remain in constant session until June 1, 1950. While the defendant is required by the registration act to pay for necessary expenses in carrying out the provisions of the act, he is not obligated to pay all items of expense incurred by the registrars; and he has informed them that their requisition for supplies will not be honored, and has refused to make payment for the reason that the anticipated expense incident to the registration of voters is grossly excessive, many items thereof are unnecessary, and the act can be complied with and the voters registered at a much lower cost. *12
The trial court sustained the petitioners' demurrers to the answer and overruled the defendant's demurrers to the petition as amended.
Upon the trial of the case before the judge without a jury, which occurred on the same day the demurrers were passed upon, he entered a judgment granting a mandamus absolute as prayed.
The defendant in a direct bill of exceptions excepted to the judgment granting a mandamus absolute and also assigned error on the aforesaid rulings on demurrer.