Bennett v. City of LaGrange
Supreme Court of Georgia
Petition for injunction. Before Judge Hoop. Troup superior court. August 3, 1921. J.' P. Bennett, a citizen and taxpayer of the City of LaGrange, filed his petition for injunction against said city, D. A. Leman, its clerk and treasurer, and the Salvation Army, and made this case: On May 2, 1921, the'mayor and councilmen of the City of LaGrange passed a resolution donating seventy-five dollars per month toward the expenses of the Salvation Army’s local detachment, provided…
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Petition for injunction. Before Judge Hoop. Troup superior court. August 3, 1921. J.' P. Bennett, a citizen and taxpayer of the City of LaGrange, filed his petition for injunction against said city, D. A. Leman, its clerk and treasurer, and the Salvation Army, and made this case: On May 2, 1921, the'mayor and councilmen of the City of LaGrange passed a resolution donating seventy-five dollars per month toward the expenses of the Salvation Army’s local detachment, provided the board of commissioners would donate a like sum. On June 8 the mayor and councilmen of this city rescinded this…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
Paragraph 14 of section 1 of article 1 of the constitution of Georgia is as follows: “No money shall ever be taken from .the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.” Civil Code, § 6370. Two questions arise in this ease: (1) Does this provision of the constitution apply to municipalities of this State?- (2) Do the resolution of the mayor and councilmen of the City of LaGrange and the contract between' said city and the Salvation Army conflict with this provision?…
2Cases cited7 opinions
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