Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1922-01-26

requires that the Board of Education
recommend and that the taxing an.
thorltles levy tax under the Consti-
tutlonal Amendment There is NO
conflict and both should be sustained
and maintained unless the people OF
Irwin county avail themselves of the
right they have under the Acts OF
!90o-l9O6, and if they see fit, with
draw from the operation of that Act
and relieve themselves of the burden
OF a tax which they voluntarily plac-
ed upon the property owners of their
county in 1907. Should thew vote il
off they would then be in the same
condition that all other counties OF
the State are which are not operat-
ing their schools under the provisions
of the McMichael Act. I see no rea-
son why they should not at some flu
ture time restore the tax, if repealed
by a two-thirds vote as provided for
in the Constitutional Amendment OF
1919.
1t may be argued that the property
owners of the thirtyfive or forty pro-
gresslve counties which previous to
the ratification of the amendment OF
1919 had voted upon themselves a
tax in accordance with the provisions
of the Acts OF 1905-190o should not
be exposed to the levy of an add
tlonal tax in the discretion of the
County Board of Education, and with
out vote of the people, it must
be borne in mind, however, in a con.
slderat1on of this particular feature
OF the case, that we are now endcavor-
ing to construe and apply not a. sta
tute, but duly ratified Constitutions
Amendment which the people of Ir.
win county voted upon themselve,
along with all other counties in The
State in the method provided by the
organic law of Georgia In 100;
they voted a tax of not less than one
nor more than five mills for irwin
county alone. In 1919 they voted tc
levy a tax of not less than one moi
more than five mills to operate upor
the entire State, excepting only in
dependent local systems They have
the right under the law to rescinc
their action taken in 1907 and relieve
themselves of tax voluntarily assum
ed, but we are not to presume thai
they desire to do So Probably VIZ
would be justified in presuming un.
der all of the circumstances that they
do not desire to do so. AS mat
ter of fact the question seems to BE-
closed when we again read in connec.
eion with what has already been writ
ten the closing sentence of the amend
ment of 1o1o,-"no additional cleo
ton shall be required TO maintain
any local school tax now in existence
in districts. counties or municipal
ties" bv accepting the levy made
under this amendment of 1910 they
are maintaining without another cleo
ton their local tax, and also comply
ing with the mandatory provisions o
TIL amendment OF 1919. which pro
vides that levy shall be made in eacl
and every county of the state, excep
only where independent local systems
exist, and very lainly no such loca
system exists in Irwin County. Il
would be unfair to our law maker!
and the people of the State to holt
that any particular sentence in the
Constitution is absolutely meaning
less; but unless the meaning which
we place upon the sentence begin
ming "no additional election shall be
necesSary----etc.' is the correct one
then it means nothing. 1t adds moth
ing to the Constitution, and takes no
thing away from it.