162 Ga. 185 | Ga. | 1926
W. A. Shore filed a petition against Banks County and county commissioners D. P. Wright and E. C. Moss, alleging, in substance, that petitioner is the owner and in possession of a described tract of land within the corporate limits of the town of Baldwin, said county; that said county commissioners have served notice upon petitioner that the board of commissioners of roads and revenues “have by proper order determined to open a public road, authorized and established by an act of the General Assembly of Georgia, Georgia Laws 1924, page 275, said road known and designated as the ‘Johnnie Eord’ or Clarkesville and Homer public road, and traversing some 1500 feet over lands belonging to you,” and further describing the beginning and ending of said proposed road. The notice further provides that the proposed road is to run along the “old roadway across your lands approximately 1500 feet in length to the Habersham County and Banks County line, said proposed road to be forty (40) feet in width, taking and ap
We will first deal with the issue as to the constitutionality of the act of 1924. Among other reasons for the contention that the act is unconstitutional the plaintiff insists that it is violative of the State constitution, art. 1, sec. 4, par. 1 (Civil Code of 1910, § 6391). That section provides, in part: “Laws of a general nature shall have uniform operation .throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law.” In Mathis v. Jones, 84 Ga. 804 (11 S. E. 1018), and Futrell v. George, 135 Ga. 265, 268 (69 S. E. 182), there are elaborate and learned discussions as to what constitutes general laws and special laws. We refer to those decisions which abundantly show that this act is a special law. In Mattox v. Knox, 96 Ga. 403, at p. 405 (23 S. E. 307), Chief Justice Simmons said: “The code, as modified by subsequent general legislation upon the subject, has established a system of road law, general in its nature and of uniform operation throughout the State.” That was a unanimous decision, and was approved in Board of Commissioners v. Americus, 141 Ga. 547 (81 S. E. 435). It has several times been ruled that Civil Code §§ 640 et seq. is a general law, providing a method of establishing roads. It is not the only method, but is cumulative. Penick v. County of Morgan, 131 Ga. 385 (62 S. E. 300); Lee County v. Smithville, 154 Ga. 550 (115 S. E. 107). Exceptions are stated in the latter case. It has also been held that the establishment of a public road without compliance with sections 640 et seq. is il
The second headnote needs no elaboration.
Judgment reversed.