Davis v. Board of Education of Coffee Co.

Candler, Justice.

(After stating the foregoing facts.) Art.. 1, sec. 4, par. 2, of the Constitution of 1945 (Code, Ann. Supp., § 2-402), provides: “Legislative acts in violation of this Con stitution, or the Constitution of the United States, are void, and the judiciary shall so declare them.” But before an act of the legislature will be declared unconstitutional, the conflict between the act and the fundamental law must be clear and palpable. Wellborn v. Estes, 70 Ga. 390. Every presumption will be made in favor of the constitutionality of an act of the legislature. Allison v. Thomas, 44 Ga.…