Bowen v. Lewis

12 Citing cases

  1. Williams v. Richmond County

    241 Ga. 89 (Ga. 1978)

    The General Assembly has the power to pass separate and distinct laws creating county commissioners; and provisions of general laws enacted by the legislature do not apply to such officers, unless made so by the special laws creating them. Rhodes v. Jernigan, 155 Ga. 523 ( 117 S.E. 432) (1923); Bowen v. Lewis, 201 Ga. 487 ( 40 S.E.2d 80) (1946). We must determine whether or not such authority violates the constitutional provision which provides for uniformity throughout the state, or whether it is permissible under the constitutional provisions which specifically authorize the legislature to provide for county commissioners and to define their duties.

  2. Bleckley v. Vickers

    170 S.E.2d 695 (Ga. 1969)   Cited 3 times

    In other words, the people have not seen fit to restrict themselves to the mode of the choice of such officers." For similar rulings see Churchill v. Walker, 68 Ga. 681, 686; Bowen v. Lewis, 201 Ga. 487, 490 ( 40 S.E.2d 80); Hutchins v. Candler, 209 Ga. 415, 418 ( 73 S.E.2d 191). It follows that there is no limit on the power of the legislature to create a board of county commissioners for Rabun County and this enumeration of error is without merit.

  3. McMillan v. Jacobs

    288 S.E.2d 211 (Ga. 1982)   Cited 2 times
    In McMillan, it was held that under this provision the interest of a private corporation in realty and improvements thereon leased to the corporation by the Screven County Industrial Authority was not subject to ad valorem taxation by the county.

    The authority argues that just as we should look throughout an entire will to establish the intention of a testator, or should consider all clauses of a contract in ascertaining the intentions of the contracting parties, we should, in this case, consider the entire body of the law establishing various county industrial development authorities in order to arrive at the intention of the framers of our constitution. Raines v. Duskin, 247 Ga. 512, 522 ( 277 S.E.2d 26) (1981); Brown v. Clifton, 247 Ga. 353 ( 276 S.E.2d 41) (1981); Birdsey v. Wesleyan College, 211 Ga. 583, 586 ( 87 S.E.2d 378) (1955); Bowen v. Lewis, 201 Ga. 487, 489 ( 40 S.E.2d 80) (1946); Code Ann. § 20-704 (4). We opt for the broad-range approach and reject the notion that our consideration properly should be limited only to the provision of the constitution establishing this particular county industrial development authority.

  4. Smith v. Abercrombie

    235 Ga. 741 (Ga. 1975)   Cited 15 times

    The law in Georgia under the Constitutions of both 1877 and 1945 has been that the "General Assembly has the power to pass separate and distinct laws creating county commissioners of roads and revenues for every county in Georgia; and the provisions of general laws enacted by the legislature do not apply to such officers, unless made so by the special laws creating them." Bowen v. Lewis, 201 Ga. 487, 489 ( 40 S.E.2d 80) (1946). See also Hutchins v. Candler, 209 Ga. 415 ( 73 S.E.2d 191) (1952); and Rhodes v. Jernigan, 155 Ga. 523 ( 117 S.E. 432) (1923).

  5. Steele v. State

    227 Ga. 653 (Ga. 1971)   Cited 8 times

    The Constitution itself has made an exception to the rule, that general laws shall have uniform operation throughout the State, when the same pertains to county commissioners. See Bradford v. Hammond, 179 Ga. 46 ( 175 S.E. 18); Bowen v. Lewis, 201 Ga. 487, 488 ( 40 S.E.2d 80) and cit. Enumerated error 4 is without merit.

  6. Deason v. DeKalb County

    222 Ga. 63 (Ga. 1966)   Cited 15 times
    Holding that police officer's claim against county for back pay sounded in contract and was not barred by county's immunity

    There is no requirement as to uniformity where the duties and powers of county commissioners are concerned. Smith v. Duggan, 153 Ga. 463, 465 ( 12 S.E. 458); Bowen v. Lewis, 201 Ga. 487, 489 ( 40 S.E.2d 80); Hutchins v. Candler, 209 Ga. 415, 418 ( 73 S.E.2d 191); Mathew v. Ellis, 214 Ga. 665, 666 ( 107 S.E.2d 181); Wilson v. Jones, 218 Ga. 706, 709 ( 130 S.E.2d 227). See Art. VI, Sec. XVII, Par.

  7. Wilson v. Jones

    218 Ga. 706 (Ga. 1963)   Cited 5 times

    Art. XI, Sec. I, Par. VI ( Code Ann. § 2-7806) of the same Constitution provides: "Whatever tribunal, or officers, may be created by the General Assembly for transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for Commissioners of Roads and Revenues in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector in the Office of Tax Commissioner, and may fix his compensation, without respect to uniformity." In Bowen v. Lewis, 201 Ga. 487, 489 ( 40 S.E.2d 80), it was said: "The provisions of the Constitution above quoted should, we think, be construed together, and so construed, there is no limitation or restriction upon the General Assembly in the creation of such commissioners by special act." In this case (p. 489) the court quoted with approval from Rhodes v. Jernigan, 155 Ga. 523, 528 ( 117 S.E. 432) the following: "'Under the following decisions of the Supreme Court the General Assembly has the power to pass separate and distinct laws creating county commissioners of roads and revenues for every county in Georgia; and the provisions of general laws enacted by the legislature do not apply to such officers, unless made so by the special laws creating them.

  8. Humthlett v. Reeves

    211 Ga. 210 (Ga. 1954)   Cited 27 times

    On this issue, see the cases of Pulaski County v. Thompson, 83 Ga. 270 ( 9 S.E. 265), Sayer v. Brown, 119 Ga. 539 ( 46 S.E. 649), and Smith v. Duggan, 153 Ga. 463 ( 112 S.E. 158)." See also Bradford v. Hammond, 179 Ga. 40 ( 175 S.E. 18); Robitzsch v. State, 189 Ga. 637 ( 7 S.E.2d 387); Moore v. Whaley, 189 Ga. 647 ( 7 S.E.2d 394); Bowen v. Lewis, 201 Ga. 487, 489 ( 40 S.E.2d 80); Robert v. Steed, 207 Ga. 41 ( 60 S.E.2d 134); Hutchins v. Candler, 209 Ga. 415, 418 ( 73 S.E.2d 191). 4.

  9. Hutchins v. Candler

    209 Ga. 415 (Ga. 1952)   Cited 16 times
    In Hutchins v. Candler, 209 Ga. 415 (2) (73 S.E.2d 191), we held that the Tax Assessors of DeKalb County could use the information contained in a cadastral survey which had been made for the county if the assessors found it to be the best and most accurate data obtainable for determining just and fair tax values.

    For other cases based upon the constitutional provision of 1877, which was carried forward into the Constitution of 1945, see McRae v. Sears, 183 Ga. 133, 137 ( 187 S.E. 664); Robitzsch v. State, 189 Ga. 637, 638 (2a) ( 7 S.E.2d 387). In Bowen v. Lewis, 201 Ga. 487, 489 ( 40 S.E.2d 80), it was held that there is no general law in this State regulating the creating of county commissioners and fixing their jurisdiction, powers, and duties; but that all such acts are special laws, and that, construing together art. 1, sec. 4, par. 1 (Code, Ann., § 2-401), and art. 11, § 1, par. 6 (Code, Ann., § 2-7806), as they must be construed, there is no limitation or restriction upon the General Assembly in the creation of such commissioners, and in fixing their jurisdiction, powers and duties.

  10. Robert v. Steed

    207 Ga. 41 (Ga. 1950)   Cited 5 times

    This court has uniformly construed these provisions of the Constitution to confer upon the General Assembly the power to create boards of commissioners with such powers as the Assembly may grant, without regard to uniformity in the powers conferred; and that the constitutional prohibition which declares that "no special law shall be enacted in any case for which provision has been made by an existing general law," is not violated by the creation of such boards. County of Pulaski v. Thompson Co., 83 Ga. 270 ( 9 S.E. 1065); Smith v. Duggan, 153 Ga. 463 ( 112 S.E. 458); Rhodes v. Jernigan, 155 Ga. 523 ( 117 S.E. 432); Bradford v. Hammond, 179 Ga. 40 ( 175 S.E. 18); Moore v. Whaley, 189 Ga. 647 ( 7 S.E.2d 394); Bowen v. Lewis, 201 Ga. 487 ( 40 S.E.2d 80). During the oral argument in this court, counsel for the respondent called our attention to the case of Williams v. Sumter County, 151 Ga. 402 ( 107 S.E. 158).