168 Ga. 479 | Ga. | 1929
To the levy of an execution for street-paving assessments, E. F.’Wheat filed an affidavit of illegality based upon the ground that the execution was issued under and by virtue of an act of the General Assembly approved August 25, 1927 (Ga. L. 1927, p. 321), the same being an act to provide a system under which certain classes of municipalities may grade, pave, and otherwise improve their streets, etc., and that said act is unconstitutional and void, because in conflict with article 1, section 4, paragraph 1, of the constitution of the State of Georgia, which provides, among other things, that “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.” The issue thus made raised a question of law, and being submitted to the court, the affidavit of illegality was overruled, and to this ruling exceptions were taken.
One of the contentions made in the affidavit of illegality is that the act referred to in the foregoing statement of facts is not uniform in its operation, “in that it applies only to a city or town now or hereafter incorporated having'a population of 600 or more, and does not apply to a city or town having less than 600 population at the time of the approval of said act,” and hence the classification is arbitrary. This contention is without merit. It is unnecessary to discuss itoat any length. The principle involved in the issue thus made has been ruled in several cases by this court. Abbott v. Commissioners of Fulton County, 160 Ga. 657 (129 S. E. 38). See also Crovatt v. Mason, 101 Ga. 246 (28 S. E. 891). A reading of the decisions in Worth County v. Crisp County, 139 Ga. 117 (76 S. E. 747), Futrell v. George, 135 Ga. 265 (69 S. E. 182), Wilkinson County v. Twiggs County, 150 Ga. 583 (104 S. E. 418), and Reynolds v. Hall, 154 Ga. 623 (114 S. E. 891), will show those cases are clearly distinguishable from the present upon the facts involved.
Nor is the act above referred to, nor section 14 thereof, which declares that “this act shall not be construed to repeal any special or local law, . . but shall be deemed to be additional and in
3. It is unnecessary to elaborate the ruling in the third headnote. But see, in this connection, McGinnis v. Ragsdale, 116 Ga. 245 (42 S. E. 492); Mathis v. Jones, 84 Ga. 804 (11 S. E. 1018). In the Mathis case it was said: “The law embraced in the Code of 1882, for the exercise of local option as to fences, is a general law having uniform operation throughout the State, notwithstanding it embodies the.option principle to be exercised locally and sepa
Judgment affirmed.