Smith v. State of Georgia

150 S.E.2d 868, 222 Ga. 552, 1966 Ga. LEXIS 552
CourtSupreme Court of Georgia
DecidedSeptember 8, 1966
Docket23584
StatusPublished
Cited by11 cases

This text of 150 S.E.2d 868 (Smith v. State of Georgia) 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 of Georgia, 150 S.E.2d 868, 222 Ga. 552, 1966 Ga. LEXIS 552 (Ga. 1966).

Opinions

Mobley, Justice.

The appeal is from a judgment of the Tel-fair Superior Court confirming and validating an issue of Industrial Revenue Bonds to be issued by Telfair County, over objections filed to the petition to validate by appellants, citizens and taxpayers of Telfair County. The county proposes to issue the bonds pursuant to a local constitutional amendment (Ga. L. 1960, p. 1400) to Art. VII, Sec. VII, Par. V (Code Ann. § 2-6005) of the Constitution of 1945 proposed by the General Assembly and ratified by the voters of Telfair County. The amendment provides as follows: “. . . that revenue anticipation obligations herein called revenue bonds may be issued by Telfair County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured products or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining, and industry, or combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.

“The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation [554]*554from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code. Ann. Supp. Chapter 87-8, as if said obligation had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.” It further provides that the amendment be submitted to the voters of Telfair County for ratification or rejection.

Appellant contends that this amendment violates the due process and the equal protection clauses of the Fourteenth Amendment to the Constitution of the United States on the ground that “it fails to limit the issuance of bonds to situations in which increased employment, or other public purpose would result from the issuance of such bonds,” and contends that this case, as distinguished from others decided by this court approving revenue anticipation certificates or bonds, “involves primarily the power of a county to finance private business enterprise, as described, for private purposes only, with no stated public purpose.” The parties agree that the bonds must be issued for a public purpose. This court so held in Beazley v. DeKalb County, 210 Ga. 41 (4) (77 SE2d 740). It is not necessary for the amendment to state that the bonds may or must be issued for a “public purpose,” if, in fact, the purpose for which the amendment authorizes the bonds to be issued is a public purpose. What constitutes a public use or purpose under the Constitution of Georgia is a question which must be decided by the courts of this state. Housing Authority of the City of Atlanta v. Johnson, 209 Ga. 560, 563 (74 SE2d 891). In deciding whether it is a public use under the Federal Constitution, the Supreme Court of the United States, while recognizing its authority to determine whether state legislation violates the Federal Constitution, has generally left to the state courts wide latitude in determining what is a “public use.” Housing Authority of the City of At[555]*555lanta v. Johnson, supra; Hairston v. Danville & Western R. Co., 208 U. S. 598 (28 SC 331, 52 LE 637); Thus, the issue for decision by this court is whether or not the activities such as are proposed in this case are for a legitimate public purpose; or specifically: is the issuance of revenue bonds by Telfair County to finance the construction of a plant for lease to private industry a public use?

Appellants concede that the relief of unemployment is a public purpose; in fact, the Supreme Court of the United States so held in Carmichael v. Southern Coal Co., 301 U. S. 495 (11) (57 SC 868, 81 LE 1245). But appellants emphasize that this amendment does not limit the activities of the county in furnishing facilities to private enterprise solely on those occasions to relieve unemployment, or for any other public purpose, with which conclusion we agree. This amendment would permit the county to issue bonds for a purely private purpose; for example, to secure funds to construct a building or plant to be leased to and occupied by an already existing and operating business with a perfectly adequate building which would perform the same functions, employ the same number of people, and add nothing-in the way of industry, or alleviate unemployment, or otherwise contribute to the public good. The amendment does not, as do the amendments upon which Smith v. State, 217 Ga. 94 (121 SE2d 113) was decided, and upon which appellees rely, limit its assistance to “assisting, promoting, and encouraging and locating new industries in the county” (Ga. L. 1937, pp. 1129, 1131) nor does it create an Authority as did the amendment (Ga. L. 1953, Nov. Sess., p. 266) “for the purpose of the developing and promoting for the public good and general welfare industry, agriculture, commerce, natural resources, and vocational training, and the making of long range plans for the co-ordination of such development, promotion, and expansion within its territorial limits.” This amendment does not, as appellees argue, provide for the promotion and development of new industry in the county. New industry might be developed, but there is nothing in the Act which requires that the funds be used for development of new industry, or to relieve unemployment, or to provide new jobs so that its citizens may be furnished employment and not [556]*556be forced to leave the county to find employment, or for any other public purpose.

The Telfair County amendment authorizes the issuance of bonds by the county to provide funds for the purchase or construction of facilities suitable for use by (a) any industry for manufacturing, etc., or (b) any commercial enterprise in storing, warehousing, distributing, or selling products of agriculture, mining, and industry, or any combination thereof. Obviously, this amendment authorizes Telfair County to issue bonds to derive funds to construct buildings for lease to private industry for private purposes without regard to public use, the public good, or the general welfare of the county.

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Smith v. State of Georgia
150 S.E.2d 868 (Supreme Court of Georgia, 1966)

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Bluebook (online)
150 S.E.2d 868, 222 Ga. 552, 1966 Ga. LEXIS 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-of-georgia-ga-1966.