Smith v. State

129 S.E. 542, 160 Ga. 857, 1925 Ga. LEXIS 282
CourtSupreme Court of Georgia
DecidedJune 22, 1925
DocketNo. 4675
StatusPublished
Cited by5 cases

This text of 129 S.E. 542 (Smith v. State) 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
Smith v. State, 129 S.E. 542, 160 Ga. 857, 1925 Ga. LEXIS 282 (Ga. 1925).

Opinions

Hines, J.

The controlling question in this case is this: Can the legislature delegate to a county the right to levy a tax for the purpose of paying the fees of registrars of births and deaths under the vital-statistic laws of this State? Acts 1914, p. 157; Acts 1919, p. 273; 1 Park’s Code, § 1676 (m) et seq. 8 Park’s Code Supp. 1922, § 1676 (o) et seq. Paragraph 2 of section 6 of article 7 of the constitution of this State declares: “The General Assembly shall not have the power to delegate to any county the right to levy a tax for any purpose, except for educational purposes . . ; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads, and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation.” Civil Code (1910), § 6562; 5 Park’s Code, § 6562. Hnder this provision the legislature can not confer upon a county the power to levy a tax for paying the fees of these officers, unless such power is derived from that portion of the above paragraph of the constitution which empowers the General Assembly, to authorize a county to levy a tax “to provide for necessary sanitation.” Formerly, officials charged with the financial affairs of a county were not authorized to purchase vaccine matter for the inoculation of persons against smallpox. Daniel v. Pulnam County, 113 Ga. 570 (38 S. E. 980, 54 L. R. A. 292). It was doubtless due to this decision that the constitution was so amended in 1908 as to authorize the legislature to empower counties to levy taxes “to provide for necessary sanitation.”

Does the language “provide for necessary sanitation” empower the legislature to authorize counties to levy taxes to pay the fees of these registrars ? The duties of these officers, in a general way, [859]*859axe to issue permits to bury or remove the bodies of the dead, and to receive certificates of births occurring within their respective districts, to see that these certificates are in form, record them, and forward the originals to State registrar. Without such burial permit, the body of any person, if death occurs in this State, can not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, or removed from or into any registration district. 1 Park’s Code, § 1676 (q). Certificates of death shall give the place of death, full name of the deceased, sex, color or race, conjugal relation, date of birth, age, occupation, birthplace, name of father, birthplace of father, maiden name of mother, birthplace of mother, signature and address of informant, official signature of registrar, date of death year, certification as to medical attendance, length of residence, place of burial or removal, date of birth, and signature of undertaker. 1 Park’s Code, § 1676(s). Within ten days after birth there shall be filed with the local registrar of the district in which the birth occurred a certificate of such birth. This certificate shall be made by the physician or midwife. If there was no physician or midwife in attendance, the father or mother of the child, the owner of the premises where the birth occurred, or the manager or superintendent of the public or private institution where the birth occurred, each in the order named, shall give such certificate. 1 Park’s Code, § 1676 (aa). The certificate of birth shall contain place of birth, full name of child, sex, whether twins, triplets, or plural birth; in case of plural birth the number of each child and order of birth, whether legitimate or illegitimate, date of birth, full name of father, residence of father, color or race of father, age of father, birthplace of father, occupation of father, maiden name of mother, residence of mother, color or race of mother, age of mother, birthplace of mother, occupation of mother, number of children born to mother, number of children of mother living, certification of the attending physician or midwife as to the attendance at birth, year, month, day, and hour of birth, and whether the child was born alive or stillborn, and exact date of filing in the office of the local registrar of such certificate. 1 Park’s Code, § 1676 (bb). Local registrars are required to furnish blank forms of certificates to such as require them, to carefully examine each certificate of birth or death when presented for record, to ascertain whether it has been made [860]*860out in accordance with the provisions of law. If any death certificate is incomplete or unsatisfactory it shall be his duty to call attention to the defects in the return, and to withhold the burial or removal permit until such defect is perfected. If a certificate of birth is incomplete, the local registrar shall immediately notify the informant and require him to supply the missing items of information, if they can be obtained. He is required to number each certificate consecutively, and he is also required to make a complete copy of each certificate registered in a book supplied by the State registrar, to be preserved permanently in his office as the local record, in such manner as directed by the State registrar. He shall on the tenth day of each month transmit to the State registrar all original certificates registered by him for the preceding month. 1 Park’s Code, § 1676 (ii).

We have gone fully into the duties required of these local registrars in order to determine whether the discharge of such duties provides, or tends to provide, for necessary sanitation. In order to justify a tax, the purpose must be to provide, first, sanitation; and second, necessary sanitation. In order to determine the question before us, it is necessary to define sanitation. A good definition of this term is found in Funk & Wagnalls New Standard Dictionary of the English Language, and is as follows: “The devising and applying of measures for preserving and promoting public health; the removal or neutralization of elements injurious to health; the practical application of sanitary science.” The duties these officials are required to discharge bear a very remote, if any, relation to the devising and applying of measures for preserving and promoting the public health, the removal or neutralization of elements injurious to health, and the practical application of sanitary science. . Certainly the discharge of these duties is not necessary to the devising and applying of measures for preserving and promoting the public health. The gathering of these statistics may possibly be of some slight aid to investigators in devising methods of preserving the public health. We gravely doubt whether these statistics offer any help in discovering methods of preventing disease. Conceding, however, that these statistics furnish some aid in research work looking to the discovery of means by which disease can be prevented, we feel confident that the collection of these statistics is not such a means of providing neces[861]*861sary sanitation as was contemplated by tbe framers of tbe amendment to the constitution. How does knowledge of the places of death, the full names, sex, color, race, conjugal relations, dates of birth, ages, occupations and birthplaces of the deceased inhabitants of this State, the names and birthplaces of their fathers and mothers, the doctors who attended them, the length of their residence and their places of burial, aid the county authorities in providing necessary sanitation in their counties ? Such data might help scientists, engaged in research work, to devise and developv means and methods of sanitation; but such information does not in the slightest degree enable the county authorities to provide necessary sanitation.

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Cite This Page — Counsel Stack

Bluebook (online)
129 S.E. 542, 160 Ga. 857, 1925 Ga. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-ga-1925.