122 Ga. 431 | Ga. | 1905
By an act approved August 11,1903, the General Assembly undertook to incorporate the town of Menlo, in the county of Chattooga. The act provided that “ the corporate limits of said town shall embrace the area withiu the following described lines.” Then follows a description of an area which, it seems to be admitted, formed, roughly, a square each side of which was about four miles long. Acts 1903, p. 588. The act provided for the establishment of a public-school system within the limits designated, created a board of school trustees, and authorized the levy of an ad valorem tax on all the property within the four-mile square for school purposes. Section 16 of the act is as follows: “ Be it further enacted,, that the jurisdiction of the mayor and council of said town, its marshal and police, its right to make bylaws, rules, and ordinances and enforce the same, levy and collect tax and licenses, and all other rights, privileges, and powers, shall extend only over the following described area: Within the first described area herein, over a circle one half mile each way from the center, the center of the circle being [a described point], except that the Menlo school property, the same being two acres, more or less, adjoining and intersected by said circle, shall be included as a part of said limits; and in all elections for said mayor, recorder, and council, and all other elections pertaining to the municipal government and maintenance of said circle and school property, only those living within said circle and qualified under the rules and regulations of council and this act shall be entitled to vote. And only those living within said circle shall be eligible to the office of mayor, recorder, and councilman, and qualified to vote for representatives.”
Under the provisions of this act, the board of school trustees levied a tax for school purposes on all the property within the four-mile square. The plaintiff's in error filed their petition in
Judgment reversed.