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BOBO v. MAYOR &c. OF TOWN OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA.
20834.
Injunction. Chatham Superior Court. Before Judge Harrison. January 29, 1960.
CANDLER, Justice.
922). And as further supporting authority for the decision rendered by the majority in that case, see Churchill v. Walker, 68 Ga. 681, and Mayor &c. of Americus v. Perry, 114 Ga. 871 (40 S. E. 1004, 57 L. R. A. 230). With only Chief Justice Russell not concurring, the decision in the Harris case, supra, was followed by this court in Sharpley v. Fitzgerald, 186 Ga. 526 (198 S. E. 255). There is also no merit in the contention that the provision in Tybee's charter which permits such non-resident persons to thus participate in the management of its municipal affairs offends the equal-protection clauses of the Federal Constitution (Code 1-815) and the Constitution of this State (Code 2-103), on the ground that it dilutes the voting power of those who actually reside within the municipality and is therefore discriminatory class legislation. "It is only in cases where laws are applied differently to different persons under the same or similar circumstances that the equal protection of the law is denied." Baugh v. City of LaGrange, 161 Ga. 80 (2a) (130 S. E. 69); City of Valdosta v. Harris, 156 Ga. 490 (4) (119 S. E. 625). In this connection, see also Mayor &c. of Americus v. Perry, supra, where it was in headnote 2 said: "There is nothing in the Constitution of this State which guarantees to the people living within the limits of a municipal corporation the absolute right of local self-government. How far people so situated may be allowed to participate in the choice of officers who are to administer the affairs of the local government is a matter exclusively within the judgment and discretion of the General Assembly." Since no attack here made on the validity of Tybee's charter is meritorious, it was not error, as contended, for the trial judge to dismiss the petition on general demurrer.
Anton F. Solms, Jr., contra.
Aaron Kravitch, Findley, Shea, Friedman, Gannam, Head & Buchsbaum, for plaintiff in error.
SUBMITTED MARCH 15, 1960 -- DECIDED APRIL 4, 1960 -- REHEARING DENIED APRIL 27, 1960.
Friday July 25 05:29 CDT


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