Certain citizens of Decatur County filed a petition for injunction against issuance of a part of a series of bonds authorized by an appropriate election for the purpose, alleging that an election was called on December 12, 1925, to be held on January 20, 1926, for the purpose of submitting to the qualified voters of the county whether bonds in the sum of $500,000 should be authorized for paving highaways in said county; that the board of roads and revenues passed and entered on their minutes an order declaring that none of the funds as represented by said issuance of bonds should be expended until and when the same had been matched by the State of Georgia and the Federal government, so that 25 per cent, would be furnished by the County of Decatur out of the funds arising from the sale of said bonds; that $315,-000 of the bonds had been sold, and the money arising from the sale had been used indiscriminately on Federal highways, without being matched by the State and Federal governments, in violation of the pledge of the board of roads and revenues of Decatur County, and there remained unexpended $155,000, represented by bonds falling due in the years 1950-1955; that said bonds had not been signed by duly authorized officers of the board of roads and revenues, and had not been certified by the clerk of Decatur superior court; that it was the policy of the legislature of Georgia to provide a refund of all such appropriations as had been made by the several counties of the State prior to September 1, 1931, as evidenced by a constitutional amendment submitted to the people at the November election, 1932; that to allow the expenditure of the remaining $155,000 in bonds would be outside the provision made by the legislature, and would be contrary to the policy of the State, as evidenced by its highway laws and by the appropriation for the gasoline sale-tax for the construction of roads in the several counties of the State; that there was no present need for the construction of any highways in the County of Decatur and lying outside of the State-aid highways in the county; that said funds were voted for the specific purpose of constructing highways, that no part of said bond issue can be legally used except for the purpose of paving, and the plaintiffs are opposed to allowing said sum to be used in conjunction with
By amendment it was alleged that since the filing of the petition the people of Georgia had adopted the constitutional amendment referred to above; that the resolution adopted by the board of roads and revenues contemplated paving only such roads as were a part of the State highway system enjoying State and Federal aid; that the bonds were voted by the people on the assurance of the board of roads and revenues that the indebtedness so authorized would be used only on Federal-aid highways, that it is contemplated by the board of roads and revenues to sell the remaining $155,000 unused bonds for grading and preparing certain roads in Decatur County which are a part of the highway system, without such money being matched by the highway department and any aid of said highway department, in violation of the purpose for which the bonds were authorized, that such issuance of boards in said ananner would be iaa violation of the constitution, article 7, sectioar 6, paragraph 1; aard that the tax digest of property in Decatur County amounts to $6,067,059, and to allow the sale of said boards now would be violative of the constitution, article 7, section 7, paragraph 1.
A general demurrer was sustained aird the petition was dismissed.
The only legal constructioor of the petitioar as amended is that there was submitted to the voters of Decatur County the propositioar of issuiarg “$500,000 bonds for paving.” An election properly called for the purpose of voting upon this question resulted in an approval by the voters of the issuance of these bonds. There was not included in the submission any condition, or any assurance as to how the money should be spent, excepting it should be spent for paving the roads of Decatur County. When the people voted they did not coaadition their support of the bond issue upon any representation contained in the submission, and any aliunde statement by members of the board of roads and revenues
The next contention of the plaintiffs is that the policy of the State regarding the paving of roads and the reimbursement of counties was changed by the constitutional amendment cited above, and by legislative enactment, and that now Decatur County can not receive the Federal and State aid it anticipated when the bonds were voted. All of these were risks which the voters ran when they voted for the issuance of the bonds. The cost of materials might have increased fourfold. A court-house might have been burned, and it might tax the resources of the people to reconstruct it, and many other unexpected conditions might have arisen. The State has placed strong limitations about the issuance of bonds, and such indebtedness can be incurred only by a two-thirds vote of the qualified voters. This makes the adoption of indebtedness difficult, since it is recognized that the creation of debt is easy and its satisfaction oftentimes harsh and oppressive. When the people of Decatur County voted for the bonds there was included in the submission no condition that help should be received from the Federal Government or from the State Government; and so far as their action showed, they were willing to bear the burden alone. Within the discretion of the board of roads and revenues any of the highways of the county could be paved; and therefore the constitutional amendment approved in November, 1932, which limited aid to those contracts that had been made up to September 1, 1931, and the act of the legislature (Ga. L. 1933, pp. 172-174) do not affect the situation. Therefore this position of the plaintiffs is untenable.
The further position of the plaintiffs is that after the election authorizing the bonds the reduction of assessed values was such that the debt of $500,000 arising from the bond issue would be
The plaintiffs in their petition pray that the board of roads and revenues be enjoined from issuing or selling said described bonds; and in their amendment they strike any prayer for cancellation, and pray for “an injunction perpetually enjoining defendants and their successors in office from selling said bonds, or from having same certified.” The prayer is, not for an injunction preventing the illegal use of the proceeds of the bonds, but to enjoin the issuance of the bonds. The amendment to the constitution, adopted in 1932, provides that “the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by the certificates of indebtedness issued or to be issued by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State, as well as any highway district created by law, of any public road or highwajr (also bridges); and provided further, that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931.” Ga. L. 1931, p. 97. The act of
Judgment affirmed.
