Lehon v. City of Atlanta
Lehon v. City of Atlanta
Opinion of the Court
1. Under the power conferred by the General Assembly upon the City of Atlanta to pass such ordinances for municipal purposes as the municipality may deem proper, provided such ordinances do not conflict with the constitution and laws of this State or of the United States (Acts 1913, p. 507), the City of Atlanta had the power to subject the business of a private detective or detective agency to police supervision, and to require that no person should carry on this business without being first recommended by the board of police commissioners, taking the oath of a city detective, and giving a bond in the sum of one thousand dollars, as prescribed by the ordinances.
2. The ordinances in question, which prescribe that the character and proficiency of any person or agent acting as a private detective in the City of Atlanta shall be approved and certified by the hoard of police com
3. As a general rule the power of a municipality to control its police department is inherent and exclusive, and the imposition of regulations by which interference therewith is prevented or prohibited can not be said to be an unreasonable exercise of municipal power, although by the passage of ordinances having that effect it becomes impracticable for a private person to carry on the business of a private detective. In the case of such a conflict, salus populi est suprema lex.
4. The ordinances under which the plaintiff in error was convicted are not unconstitutional and void for the reason that they are repugnant to paragraph 2 of section 1 of article 1 of the constitution of this State, which declares that “Protection to person and property is the paramount duty of government and shall be impartial and complete,” in that they require that before a detective can exercise his activities he shall disclose his identity to the police, make a public record of his employment, and work under police supervision. Whatever may be the terms or purposes of his employment,, a detective is in essence a quasi peace officer, and the relinquishment by a municipality of the exercise of the right to supervise and regulate the conduct of a detective would amount, pro tanto, to the surrender or abrogation of appropriate municipal functions.
5. Nor are these ordinances unconstitutional because in violation of article 1, section 1, paragraph 3, of the constitution of Georgia, which declares that “No person shall be deprived of life, liberty, or property, except by due process of law,” in that, as insisted, a compliance with the requirements of the ordinances would deprive the plaintiff in error of a property right superior to the right of the municipality to pass the ordinances in question in the interest of the public welfare.
6. The municipal ordinances under which the accused was convicted are not unconstitutional and void for the reason that they are in violation of the 5th amendment or the 14th amendment to the constitution of the United States, in that the plaintiff in error was thereby deprived of a property right without due process of law or deprived of equal pro
7. The evidence authorized the judgment of the recorder, and the judge of the superior court did not err in refusing to sanction the petition for certiorari. Judgment affirmed.
Note. A writ of error from the Supreme Court of the United States was granted in this ease.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.