Sheffield v. State School Bldg. Authority

68 S.E.2d 590, 208 Ga. 575, 1952 Ga. LEXIS 288
CourtSupreme Court of Georgia
DecidedJanuary 14, 1952
Docket17682
StatusPublished
Cited by60 cases

This text of 68 S.E.2d 590 (Sheffield v. State School Bldg. Authority) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheffield v. State School Bldg. Authority, 68 S.E.2d 590, 208 Ga. 575, 1952 Ga. LEXIS 288 (Ga. 1952).

Opinions

Duckworth, Chief Justice.

A major attack is here made upon the entire plan including the act, the revenue bonds from the sale of which funds are obtained with which to finance [579]*579the construction of the school buildings provided for, and the lease contracts by which the Authority leases the buildings to the county boards of education; and the attack is predicated upon debt limitations and inhibitions contained in the clauses of the Constitution specified in the statement of facts. We shall therefore, in this division of our opinion, consider the entire field of constitutional references to inhibitions and limitations upon public debt. We observe at the outset that all attacks in this category are predicated upon language, in the clauses of the Constitution relied upon, expressly forbidding or limiting or restricting to prescribed procedures public debts. And we observe also that these attacks assume that the constitutional clauses relied upon as they now appear in the Constitution of 1945 must receive the same construction as was given to them by this court in decisions such as those in City Council of Dawson v. Dawson Waterworks Co., 106 Ga. 696 (32 S. E. 907), and Renfroe v. City of Atlanta, 140 Ga. 81 (78 S. E. 449), while they were a part of the Constitution of 1877; and they further assume that the provisions of Art. 7, Sec. 6, Par. 1 of the Constitution of 1945 do not alter the meaning of the clauses relied upon, since it was held by this court in DeJarnette v. Hospital Authority of Albany, 195 Ga. 189 (23 S. E. 2d, 716), that the debt limitation provided by the clauses here relied upon, while a part of the Constitution of 1877, was not altered by the amendment thereto, which was, in substance, the provisions of what now appears as Art. 7, Sec. 6, Par. 1 of the present Constitution (Code, Ann., § 2-5901).

In order that the ground be completely clear of collateral issues, we consider first the decision in the DeJarnette case, supra. The ruling there was expressly based upon two considerations that could not apply here. Those considerations were as follows: (1) Since the provisions of what is now Art. 7, Sec. 6, Par. 1 were brought into the Constitution of 1877 by an amendment, the content of the amendment must be construed by applying the universal rule which requires that the amendment be given a construction that will harmonize with existing provisions of the Constitution; and (2) the amendment did not even purport to amend or change the debt limitation clause of the Constitution but, instead, was expressly made an amendment or [580]*580alteration of the clause relating to powers of counties to collect taxes. As applied in the present case, Art. 7, Sec. 6, Par. 1 stands as a separate and original clause of the Constitution of 1945. This recital of the factual difference clearly demonstrates that the decision in the DeJarnette case, supra, is wholly irrelevant and inapplicable here. This entire plan of securing school buildings is bottomed upon Art. 7, Sec. 6, Par. 1 (a) and (b) of the Constitution of 1945. There the Constitution plainly and unmistakably empowers the State, State institutions, municipalities, and counties to contract for any period not exceeding 50 years with each other or with any public agency, public corporation or authority, “for the use by such subdivision or the residents thereof of any facilities or services” of the State, State institution, municipality, county, public agency, public corporation or authority, provided such contract deals with activities which such subdivisions are by law authorized to undertake. And municipalities and counties are empowered in connection with such contracts to convey to public agencies, public corporations or authorities existing facilities operated by such municipalities and counties for the benefit of the residents thereof, provided such facilities are to be used by such grantee for the same purposes. The State School Building Authority Act repeatedly and meticulously declares that nothing authorized thereunder shall, directly or indirectly, place any obligation or debt upon the State or require the State to levy a tax or make an appropriation to satisfy any obligation of the Authority or the school boards or anyone else therein dealt with, and requires that the revenue bonds issued by the Authority must contain a recital showing the complete immunity of the State from liability thereunder. This plain and unmistakable content of the law, together with the indisputable fact that the lease contract and the revenue bonds completely conform thereto, should put at rest without further discussion all contentions that a State debt is created or assumed, or that a donation or gratuity is made by the State in violation of the various clauses of the Constitution which are here invoked. Beyond question there is no violation of the Constitution insofar as the State is concerned by the act or any of the proceedings taken thereunder. Therefore, the decision in State Ports Authority v. Arnall, 201 Ga. 713 (41 S. E. 2d, 246), [581]*581holding that a State debt was therein created in violation of the constitutional inhibition' (Code, Ann., § 2-5601), has no application here.

But, as relates to the counties, the lease contracts are debts prohibited by the Constitution, under Code (Ann.) § 2-6001 as that clause appeared in the previous Constitution when Art. 7, Sec. 6, Par. 1 (a) and (b) was not an original part of that Constitution; but the two clauses are now original portions of the Constitution of 1945, and as such they are of equal dignity, and effect. They are indeed completely harmonious and are so declared by Code (Ann.) § 2-6001 in the following words, “except as in this Constitution provided for.” This quoted language lifts out of the restrictions and limitations provided in that clause the full content of Art. 7, Sec. 6, Par. 1 as the constitutional authorization of debt not prohibited by the limitation and inhibition therein contained. Although the constitutional provision upon which the act and all proceedings taken thereunder are based does not expressly authorize a county board of education as such to enter rental contracts, it does expressly authorize counties to do so, and, under repeated rulings of this court, such contracts by the county boards of education are the corporate actions of the counties. Smith v. Board of Education of Washington County, 153 Ga. 758 (113 S. E. 147); Board of Education of Baker County v. Hall, 189 Ga. 615 (7 S. E. 2d, 183); Board of Education of Wilcox County v. Board of Com’rs of Roads and Revenues of Wilcox County, 201 Ga. 815 (41 S. E. 2d, 398). In Smith v. Board of Education of Washington County, supra, it was said, “Under the law the county acts through its board of commissioners of roads and revenue in matters of finance, construction of roads, bridges and the like. In matters of education the county acts through its board of education. When the board of commissioners of roads and revenue acts upon matters lawfully within their jurisdiction, it is the county acting ‘by corporate authority.’ When the board of education acts upon matters lawfully within its jurisdiction, it is the county acting through ‘its corporate authority’.” Therefore the County Board of Education of Baker County was by Art. 7, Sec. 6, Par. 1 authorized to make the lease contract here assailed.

We therefore rule that the lease contract, the revenue bonds, [582]

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Bluebook (online)
68 S.E.2d 590, 208 Ga. 575, 1952 Ga. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheffield-v-state-school-bldg-authority-ga-1952.