186 Ga. 536 | Ga. | 1938
Lead Opinion
Whether or not in the instant equity suit the court should have declined jurisdiction upon the ground that it involved a mere political right, the judgment granting an interlocutory injunction was
Judgment reversed.
Dissenting Opinion
dissenting. In a proceeding in the nature of quo warranto main and cross-bills of exceptions were filed to the order of the trial judge, in cases No. 12446 and 12447. In case No. 12372 a petition for injunction was filed, presenting practically the same questions for adjudication as were involved in the quo warranto proceeding. I was of the opinion that the judgment in both cases should be affirmed. The majority of this court differ with me, and think that the judgment in both cases should be reversed. The majority is of the opinion that the unanimous decision in Tatum v. Langley, 179 Ga. 731 (177 S. E. 243), is easily distinguishable in principle from the cases now under consideration, while I am of the opinion that the decision in the Tatum case is absolutely controlling as to the cases at bar. It is my humble opinion that my eminent colleagues restricted their view of the principles involved to the mere question of paying taxes, or to collecting taxes, when as I see it the former decision of this court is essentially a question, not of collecting taxes, but as to when a citizen is entitled to exercise the privilege of votmg, and that in the cases in which this question has arisen the collection of taxes or the payment of taxes was merely incidental to the far more paramount question of the right of a citizen to exercise his elective franchise. The majority of the court do not seek to overrule the Tatum decision, and thus destroy its validity, but place the ruling in the case now under, review upon the decision in Harris v. McMillan, ante, 529. I can not concur in the conclusion of the majority. In the quo warranto proceeding it is held: (1) that a provision in the charter that permits any person to vote who “shall own in his or her own name and right a lot or parcel of land in said town” is not violative of the uniformity clause of art. 1, sec. 4, par. 1, of the constitution of this State
The opinion of the majority attempts to distinguish the case cited, supra, as follows: “In Tatum v. Langley, supra, it was held that one who had not paid a street tax in accordance with an. ortMncmce of the municipality requiring payment of such tax as a prerequisite to vote in a municipal election was nevertheless entitled to vote in such election, he having paid his poll-tax as required by the constitution. No other question was presented, and the decision must be construed accordingly.” What is meant by the words, “No other question was presented, and the decision must be construed accordingly”? Counsel for the plaintiffs in error appear to recognize the correctness of the proposition that the ruling of this court in the Tatum case was controlling; for it is said in the brief: “The court should follow the older cases of Americus v. Perry, 114 Ga. 871, Churchill v. Walker, 68 Ga. 681, and Lambert v. Norman, 119 Ga. 351, rather than the sub
It must be borne in mind that the first headnote in Tatum v. Langley, supra, is in these words: “The amendment to the constitution of this State, proposed by an act approved August 14, 1931, and adopted by the people in 1932, relating to an elector’s qualification on paying poll-taxes, is applicable not only to State and county elections, but also to municipal elections.” In this case it was held that a citizen who has resided within the State twelve
In the petition for injunction upon which is based the writ of error in case No. 12372, certain persons claiming to have an interest in the municipality of Savannah Beach, and those who should conduct its administrative functions, made application for an injunction restraining the clerk of the town from placing upon a registration list of voters named persons who were domiciled in the - City of Savannah. At an interlocutory hearing at which evidence was introduced, the judge granted an injunction restraining the clerk as prayed, and also restraining the other persons named as defendants in the petition from participating in an election to be held April 4, 1938, either as voters or candidates.