Mayes v. Daniel

Russell, Chief Justice.

Although it is the duty of the judiciary to declare void all legislative acts that violate the State constitution (Code, § 2-402), yet since “the legislature [as well as the courts] is bound by the constitution, . . and the members of the legislature, like ourselves, are sworn to maintain it,” and “all presumptions are in favor of the constitutionality of an act of the legislature” (Macon & Western R. Co. v. Davis, 13 Ga. 68 (8), 83), and “a solemn act of the legislature will not be set aside by the courts in a doubtful.case” (Wright v. Hirsch, 155 Ga. 229, 233, 116 S.…