English v. Smith
English v. Smith
Opinion of the Court
(After stating the foregoing facts.)
1. The trial judge held that the act of August 18, 1925, the caption and first section of which are fully set out in the foregoing statement of facts, was unconstitutional and void, upon the ground that it does not distinctly describe the law to be amended, and the change or alteration to be made therein, as required by par. 17 of sec. 7 of art. 3 of the constitution of this State. Did he err in this ruling? The above paragraph of the constitution declares: “No law, or section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.” Civil Code (1910), § 6445. This provision of the constitution is imperative. When the legislature undertakes to amend a law, it can not do 'so by a mere reference to its title, but the amending act must distinctly describe the law to be amended, as well as the alteration to be made. So the question in.this case is: Does the act of 1925 distinctly describe the law to be amended and the alteration to be made therein? The purpose of the legislature was to amend the above act of 1907, which amended the above act of 1852, as amended by the above act of 1894, by striking from the act of 1907 the sixth section thereof. Does the act of 1925 sufficiently describe the act of 1907? The title of the act of 1925 contains the full title of the act of 1907. The body of the act of 1925 sets out substantially the title of the act of 1907. A comparison of the two acts shows these facts. Acts 1907, p. 419; Acts 1925, p. 896. Standing alone, this would generally constitute a sufficient description of the act of 1907, which the legislature was undertaking to amend. Adam v. Wright, 84 Ga. 720 (71 S. E. 893); Tison v. Doerun, 155 Ga. 367, 371 (116 S. E. 615). In Fullington v. Williams, 98 Ga. 807 (27 S. E. 183), this court did not hold that a description of a prior law by its title alone would in all cases be insufficient, but stated that such description might in many cases be insufficient as a means of identification. A statement in the opinion in that case, upon which counsel rely, was dealt with in Tison v. Doerun, supra, in which we held that the title of an act alone might be a sufficient description of an act sought to be amended. Besides, the description of the act sought to be amended in this case appears both in
But it is insisted that the act of 1925 describes the act sought to be amended as “An act to amend an act incorporating the Barnesyille Male and Female High School, approved January 20th, 1852, as amended by the act approved December 17th, 1894,” and does not make any mention of the act of 1907, which further amended the act of January 20th, 1852, for which reason the act of 1925 does not distinctly describe the act to be amended. If this were all of the description, this contention might be well founded; but we have shown that the full title of the act of 1907 is embraced in the title, and is substantially set out in the body, of the act of 1925. The above partial description of the act sought to be amended, when taken In connection with the further description that the act sought to be amended was one which changed the name of this institution of learning to Gordon College, to increase its board of trustees, to confer additional powers and privileges upon said board, and to authorize said board of trustees to operate, govern, and control a system of public schools in the City of Barnesville, all of which was provided for by the act of 1907, sets out a full and distinct description of the act sought to be amended. But it is said that the act sought to be amended is referred to in the first section of the act of 1925 as an act approved January 20th, 1852, and that the alteration proposed was the striking of section 6 of said act; and that these recitals in this section of the act of 1925 were misdescriptions of the statute sought to be amended. In a very vital sense the act of 1852, as amended by the several acts referred to in the statement of facts, remained still the act of that year. It was still the body into which the legislature had inserted the grafts of 1894, 1907, and 1923. It still remained the act of 1852, although changed by these amendments.
But at most, these recitals amount to mere misdescriptions of the act sought to be amended. A misdescription of a statute sought to be amended will not vitiate the amending act, provided the means of identifying the act sought to be amended, apart from the erroneous description, are clear, certain, and convincing. In Murphy v. Waycross, 90 Ga. 36 (15 S. E. 817), this court
Counsel for the plaintiffs in the court below rely upon the above case of Town of Maysville v. Smith, to support their contention that the act of 1925 is unconstitutional, as held by the trial judge. In that case the court dealt with an act of 1902, which purported “to amend an act' approved September 30th, 1885, entitled an act to amend the charter of the Town of Maysville,” and there was no act of that date amending the charter of that town. This court held that this act was an effort to amend an act by a mere reference to its title, and that for this reason said act offended this provision of the constitution. This court held that if the date of said act had been correctly given, the description of the act to be amended would have been sufficient; but inasmuch as there was nothing to identify the act sought to be amended except a mere reference to its title, and as there was no act of that date, the description was insufficient. There is nothing in that holding of this court which conflicts with our holding in the present case.
2. In the cross-bill of exceptions the plaintiffs allege that the trial judge erred in holding that said act was not unconstitutional because it contains matter different from what is expressed in its title, nor because it contains more than one subject-matter, in violation of par. 8 of sec. 7 of art. 3 of the constitution, nor because said act purports to take from the board of trustees, which was abolished in 1923, the management and control of the public-school system of the City of Barnesville, for which reason said act is void for misdescription, nor because said act fails to relate in any way to section 7 of the act of August 22, 1907, which makes Gordon. College the high school of the public-school system of
It is further insisted that the act of 1925 is unconstitutional and void, because it fails to refer or relate in any way to section JÍ of the act approved August 22, 1907 (Acts 1907, p. 424), which declares “That in connection with said public-school system and as a part of same, and in lieu of a high-school department, said board of trustees shall continue as heretofore to supervise and control Gordon College . . for the purpose of instructing the pupils in those studies usually pursued in high schools and colleges, having the same power over same as to election of teachers, prescribing courses of study, text-books, etc., as it has over the free schools of lower grades, herein provided for.” It is further insisted that the act of 1925 for this reason is incomplete, uncertain, and unenforceable. We can not see how the fact that the act of 1925 does not make reference or relate to the act just cited renders the former unconstitutional; nor do we see how the act of 1925 is incomplete, uncertain, and unenforceable on account of this fact. The act of 1925 is complete, is certain, and we see no reason why it can not be enforced.
On July 31, 1923, the legislature passed an act to amend the act incorporating the Barnesville Male and Female High School,
Judgment, on the main hill of exceptions, reversed; on the cross-hill of exceptions, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.