Reports of Cases Decided in the Supreme Court of the State of Georgia at the (101)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...is a general law in force in the State by which provision is made for the subject sought to be provided for by such special statute. Where there is such a general law, the local law must yield under the provision of our constitution. Unless there is such a general provision, then it is entirely competent in cases of this character for the legislature to act. It will be further observed that in all of the cases cited by counsel for plaintiff in error, there was clearly distinguishable a general law applicable, or which might be made applicable, to all the counties in this State and which was uniform in its operation or capable of being made uniform in its operation upon the subject or class of subjects with which it purported to deal. The contention of the plaintiff in error is, that the statutes we first referred to created a general law on the subject of granting license for the sale of spirituous liquors. He contends that it is the general law of this State, that where an application is properly made and a bond executed as provided by the statute and the sum of twenty-five dollars is tendered and the oath is ready to be taken, it then becomes a matter of discretion with the ordinary of the county where these things take place, whether the license shall be granted or not; and that where the ordinary refuses, not because of the exercise of his discretion, but because of a local act which fixes the license fee at a higher rate than that prescribed in the Code, such local act is unconstitutional, and if the discretion is only controlled by the provisions of such local act, the license must be granted. The pivotal point therefore, upon which the case under review turns, is, whether the code provisions heretofore referred to, and upon which the...