The Dawson news. (Dawson, Ga.) 1889-current, 1894-09-19

municipal corporations can hold cleo
tions for the purpose of fixing valid in
debtedness against themselves without
| special enactment of the legislature
ought not an election held for the pur-
| pose of fixing any class of indebtedness
against municipal corporation tex
ceeding One-tifth of one per centum of
the assessed value of taxable property
therein" to conform to The requirements
! of the law governing elections held for
the purpose of fixing bono ed indebted
ness? The intention of the trainers of
the constitution was to protect munich
pal corporations, not from the issuance
of bonds, but against debts exceeding
one-ffth of one per centum of the assess
ed value of taxable property therein.
Therefore, in any view of the question
! it is very clear to me that tie election as
held was not suchsanIelection as could fix
valid and binding Indebtedness of forty
thousand dollars against the city Of
Dawson. If this view be the correct one,
and am constrained 10 so hold, the con.
tract for the payment oftwo Thousand
dollars per annum, for the term of TWEEN
ty years, is illegal and invalid, and it is
now SO declared.
But the mayor and council of Daw-
son, under their charter, shave pc Wer
and authority make, ordain and estab-
fish such by-la VS., ordinances, rules
and regulations as shall to them appear
necessary and proper for the security,
welfare, convenience and interests of
said city Eof Dawson, and the indebted
ness thereof not inconsistent with
the constitution and laws of Georgia"
One of the first duties of the municipal
corporation is the protection of the prop
elty of the citizen. The police depart
ment guards him against the thief, the
robber and the burglars, the fire depart
ment is to protect him against the fire
fiend. | do not think that it will be
contended by ybody that the city of
Dawson has not the right to establish a
fire department. Be that as it may, it
has had very efficient one for many
years, and no protest against it has ever
been recorded so far as it is known to
the court. A fire department without
water supply would be like Hamlet
with Hamlet left OUT 1t would be no
fire department Therefore, it appears
to me as very clear that the making of
contract whereby water supply for fire
purposes is secured is not only right
but one of the highest duties of the
municipal government. If my reasoning
thus far be correct, it follows las the
night the day. that the city of Dawson
has the right to make annual contracts
for water supply for fire purposes with
out the preliminary sanction of the
popular vote.
But, say the complaints, the contract
now under consideration is for twenty
years, and is, as the court has just said
above, illegal and invalid. This is true,
but in case of Ford ct al VS.. the mayor
and aid men of Cartersvill, Saith Ga, p.
213, our supreme court declares that eff
contract for longer time is illegal yet
when the water. company has complied
with its part of the contract by erecting
a plant at great expense in order to furn-
ish the city with water, and the city
has received the benefits thereof,
it should pay for the water con-
sumed and used during that time" And
again, in the case of the Gainesville
improvement, Gas and Water company
VS.. the mayor and aldermen OF Carriers
vile ,lS9th Ga. Rep. p $50, without the
preliminary sanction of a popular vote,
as required by the Constitution, mu-
nicipal corporation cannot contract for
a supply of gas (water) on the credit of
the city for longer period than,
one year and a contract, which,
by its terms, is to run for twenty
years, each years supply to
be paid for quarterly (semi an
nually) during the year is operative
from year to year, only so long as Meth