172 Ga. 497 | Ga. | 1931
On November 6, 1928, B. R. Olliff was elected superintendent of schools of Bulloeh County for a term that would expire on December 31, 1932, and was inducted into office on January 1, 1929. On July 9, 1930, John. M. Hendrix as a citizen and taxpayer, instituted a quo warranto proceeding to oust Olliff from office, on the ground that at the time of his election and at all times since then he was and is ineligible to hold the office. The alleged grounds of ineligibility are that at all of said times . Olliff was a bona fide resident and qualified voter in the City of Statesboro and the Statesboro independent school district, the limits of which are coextensive with the territorial limits of that city. The answer alleges that respondent has resided in the City of Statesboro for the past three years, but prior to filing the answer and the hearing he removed outside the limits of the city and school district.. He denies that the city is an independent school district,
The grounds of special demurrer were met by the amendment to the petition.
Section 147 of the Code of School Laws (Acts of 1919, p. 349; Michie’s Code of 1926, § 1551(165); Park’s Annotated Code Supp. 1922, § 1440(b)) declares: “The term of office of county superintendent of schools in each and every county of the State of Georgia shall begin with the first day of January, 1913, and terminate with the first day of January, 1917, and that said county superintendent of schools shall be elected for a term of four years as now provided by law at the same time and place as State and county officers: Provided, if there 'is in this county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in the election for the county superintendent.” So much of this section as declares, that, “if there is in this county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in the election for the county superintendent,” is not violative of article 2, section 1, paragraph 2, of the constitution of this State (Civil Code, § 6396), which declares: “Every . / citizen of this State who is a citizen of the United States, twenty-one years old or upwards, not laboring under anjr of the disabilities named in this article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people,” on the alleged ground that it prohibits legally qualified voters of the State and county, who reside in and are legally domiciled within the territory of said independent school district, from voting and from exercising the right to register and vote in an election by the people for a county officer, the county school superintendent, and thereby denies respondent the right to vote and hold the office. Bower v. Avery, 172 Ga. (158 S. E. 10).
Neither is said portion of said section of the Code of School Laws violative of that provision of article 2, section 1, paragraph
Neither is said portion of said section of the Code of School Laws violative of that provision of article 11, section 3, paragraph 1, of the constitution of this State (Civil Code, § 6600), which declares: “ Whatever tribunal, or officers, may "hereafter be created by the General Assembly, for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for the appointment of commissioners of roads and revenues in any county, . . ” on the ground as alleged that “said statute as is quoted above from the Code of School Laws violates the uniformity provisions of said constitution above set forth, in that the county school superintendent, and also the county boards of education, are created, their functions and duties and jurisdiction changed and altered thereby, so as to restrict and limit their jurisdiction and remedies and duties and functions in said county and in other counties in which are located independent school systems created by special acts of the General Assembly, m comparison with such jurisdiction, remedies, duties, and functions in other counties in which no such independent school districts exist.”
Section 146 of the Code of School Laws (Michie’s Code, § 1551(164); Park’s Code Supp. 1922, § 1440(a)) declares: “The
The foregoing disposes of all the questions which are insisted upon in the brief of the attorneys for the plaintiff in error, and other assignments of error will be treated as abandoned.
Judgment affirmed.