139 Ga. 210 | Ga. | 1913
(After stating the foregoing facts.)1
Several efforts have been made to create special school districts inconsistently with the general school law. In Barber v. Alexander,
Is the act before us one creating an actual municipal corporation, with incidental powers as to its school system, or is it a special law seeking to create a school district in antagonism to the general school law, by merely labeling the school district with the name of a town? The thing declared to be incorporated was “the Town of Mitchell’s District in Pulaski county.” A considerable territory was described by land-lot lines, a river, and the county line. One brief section alone made any mention of municipal, authority other than the maintenance of a system of public schools within the district described. In that the entire' reference to municipal powers is contained in about a line and a half, where, after declaring that the style of the incorporation should be as above stated, the words were added: “with all the powers, duties, and privileges usual to municipal corporations.” Certain persons were named to act as mayor and aldermen until an election, and the same persons were named to act as a board of trustees for the school system until an election should be had at a date named. It was declared that after the election of successors to the board- of trustees, they should be ex-officio aldermen, and the president of the board should be ex-officio mayor, and it should not be necessary to elect a mayor and aldermen eo nomine. Vacancies on the board were to be filled by the board itself until the next election. Special provisions were made in regard to the maintenance and conduct of the schools within that district, and in regard to the powers of the trustees, different from those under the general school law. The only provision for any taxation within the incorporate limits was for a school tax, to be determined by the trustees and not to exceed a certain per centum of the taxable property. The sole oath of office prescribed was to faithfully discharge the duties required of the affiant by the terms of the act “providing for a system of public schools in Mitchell’s District, Georgia.” The county authorities were to retain jurisdiction over the roads and bridges “in said
We recognize the general rules as to the power of the legislature to create a municipal corporation in broad terms, and as to the disinclination of the courts to hold acts to be unconstitutional, unless they are clearly so. But the fundamental law also declares that “Legislative acts in violation of this constitution, or the constitution of the United States, are void, and the judiciary shall so declare them.” We think-this act on its face falls within that category. The threads of legal semblance which are to be found within the act are so interwoven with the general warp and woof of unconstitutionally that they can not be separated and adjudged to constitute the expression of the legislative purpose. Nor does the rule that the existence of a municipality can not be attacked collaterally apply. The point made is that the act is unconstitutional and void, and that there has been no incorporation. See Worth County v. Crisp County, ante, 117 (76 S. E. 747).
Having held the act to be unconstitutional for the reasons stated, it is unnecessary to discuss other objections to it, such as that it contained matter differing from and’ not covered by the title, that the constitutional provision as to granting power to municipal corporations, “upon the recommendation of the corporate authority,” to establish and maintain public schools, contemplates mu
Judgment reversed.