Cook v. State
Supreme Court of Georgia
The Court of Appeals certified to the Supreme Court the following questions: 1. “Is the act approved August 15, 1910 (Acts 1910, p.
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The Court of Appeals certified to the Supreme Court the following questions: 1. “Is the act approved August 15, 1910 (Acts 1910, p. SOI), entitled 'An act to abolish the city court of Newton; to provide for the disposition of business pending in said court, and for other purposes/ violative of paragraph 8, of article 3 of the constitution of Georgia, in that it refers to matter different from that which is expressed in the title thereof, for the alleged reason that the following matter is contained in the body of the act: ' Provided, the provisions of this act shall become of full force and…
1DissentLumpkin, J.
There can be no doubt that the act under consideration is vague, meager, and unsatisfactory. The rule is, however, that courts will not declare that the legislature has done a vain, foolish, or meaningless thing, unless in case of necessity. Park v. Candler, 113 Ga. 647, 688 (39 S. E. 89); Southern Railway Co. v. Atlanta Sand & Supply Co., 135 Ga. 35 (5), 36 (68 S. E. 807); Atlantic Coast Line R. Co. v. State, 135 Ga. 545, 561 (69 S. E. 725, 32 L. R. A. (N. S.) 20).
It seems, both from the record and the question propounded, that an election was held; and there is no intimation that it was not…
2Cases cited6 opinions
- Atlantic Coast Line Railroad v. StateSupreme Court of Georgia · 1910
- Southern Railway Co. v. Atlanta Sand & Supply Co.Supreme Court of Georgia · 1910
- Park v. CandlerSupreme Court of Georgia · 1901
- People ex rel. Chicago & Rock River Railroad v. DutcherIllinois Supreme Court · 1870
- Wells v. TaylorMontana Supreme Court · 1884
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