Lott v. Board of Ed. of Hall County
| Decision Date | 29 September 1927 |
| Docket Number | 5672. |
| Citation | 139 S.E. 722,164 Ga. 863 |
| Parties | LOTT et al. v. BOARD OF EDUCATION OF HALL COUNTY et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
The criticism of a statute duly enacted by the Legislature of this state, upon the ground that it is void because contrary to public policy, is without merit.
That part of section 92 of the Georgia Code of School Laws (Ga Laws 1919, p. 288) which provides that whenever the county board of education shall deem it to the best interests of the schools to consolidate two or more school districts, "it shall be the duty of the county superintendent to call an election to be held in said district or districts affected giving thirty days' notice of same by publishing the same once a week for four weeks in the paper in which the county advertisements are published, and also by posting notice at least at three or more public places in the district or districts to be affected thereby, at which election should a majority of the qualified voters vote for consolidation the schools shall be consolidated, otherwise not," is not in violation of article 1, § 1, par. 2, of the Constitution of Georgia, which provides that "protection to person and property *** shall be impartial and complete."
Section 85 of the Code of School Laws (Laws 1919, p. 324), which provides that the county board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with the powers in that section enumerated, is not in violation of article 6, § 4 par. 3, of the Constitution of Georgia, which provides that superior courts "shall have jurisdiction in all civil cases, except as hereinafter provided." The act of the county board of education, as complained of in the petition is not void as being in violation of the due process clause of the Constitution of Georgia.
Section 85 of the Code of School Laws (Laws 1919, p. 324) is not void on the ground that it is in violation of article 1, § 1, par. 23, of the Constitution of Georgia, which declares that "the legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one shall at the same time exercise the functions of either of the others, except as herein provided."
The court did not err in sustaining the demurrer to the petition and dismissing the same.
Error from Superior Court, Hall County; J. B. Jones, Judge.
Equitable petition by J. J. Lott and others against the Board of Education of Hall County and others. Action was dismissed, and plaintiffs bring error. Affirmed.
Kelley & Kelley, of Gainesville, for plaintiffs in error.
J. D. Underwood, of Gainesville, for defendants in error.
J. J Lott, W. M. Benefield, and others brought their equitable petition against the board of education of Hall county and the county superintendent, alleging that petitioners were citizens, taxpayers, patrons, and trustees of the Macedonia school district of said county; that several years ago there was legally established a school district known as "Macedonia," which has been operated as a public school under the jurisdiction of the board of education; that the board is now seeking to consolidate Macedonia district with Chestnut Mountain school, and to that end adopted the following resolution:
"To consolidate Macedonia school with Chestnut Mountain school, said consolidation to become effective at the close of the present school term; provided Chestnut Mountain shall provide sufficient room to care for said school."
And the following entries upon the minutes are shown:
"While there was no formal motion in regard to the matter, it was the sense of the board that Macedonia should have ample time to file objection to being consolidated with Chestnut Mountain, after the condition has been met, or it is apparent it will be met, under which said consolidation is to become effective." "Motion carried to confirm the former action of this board in consolidating Macedonia school with Chestnut Mountain school, to take effect at the beginning of the next school term; and that the trustees of Chestnut Mountain school be instructed to prepare a suitable room to the schoolrooms they now have in order to be able to accommodate said school, and that 30 days be allowed in which any of the citizens or patrons residing in the territory affected by said consolidation may file their objections to the action of this board in making said consolidation."
Petitioners allege further that more than one-fourth of the patrons in the Macedonia district have filed their objection to the consolidation, which fourth is in excess of ten; that more than one-fourth of Chestnut Mountain district, also in excess of ten, have filed their objections; that the Macedonia school is a local tax school district, has excellent two-room schoolhouse, well seated, painted, with a fine school ground well lighted and ventilated; that "under the plan of consolidation it will require the school building at Chestnut Mountain to be the location of the consolidated school; that said school building is wholly and totally inadequate, it being an old frame building, poorly located, miserably lighted and ventilated, and in such condition that it is hardly kept warm enough in winter; that it is too small to accommodate the pupils if the consolidation is completed; that it is planned to build a room in the basement of said house, on the north side of the building, below the surface of the ground on three sides, leaving the entrance and the only light and ventilation on the north side, and putting a cement floor therein; that the present house is a firetrap; that its foundation is weak, and to put children in it will jeopardize the lives of all of them every time a very hard wind strikes it; that there is no playground suitable for the present school location, and what little ground there is in front of the building is traversed by three public roads, thereby jeopardizing the lives of the children while at play; that no playground can be prepared elsewhere around the house, for the reason that it is on a steep bluff, and the house is in a hole; that Chestnut Mountain school has no local tax, and the citizens of the present district will not vote a local tax as long as the present place is the designated location for said school; that the "present place of said school will not be in the center of the district, and not accessible to many children who live off the highway in roads that cannot be traveled in bad...
To continue reading
Request your trial