Beazley v. Dekalb County Et Al‪.‬

This case involves the right of DeKalb County to issue revenue anticipation certificates in the sum of $12,000,000 for the acquisition and construction of so-called ""truck and railroad freight terminal facilities"" under what are commonly referred to as the Revenue Certificate Laws of 1937 (Ga. L. 1937, p. 761) as amended by the act approved March 14, 1939 (Code, Ann. Supp., Chapter 87-8). Certiorari was granted because the case deals with a matter of importance and great public concern, in that it involves a construction of these important public statutes which will be of frequent application, and dealing with the powers and duties of public officials of every political subdivision of the State, such as counties, cities, and towns, and the application of a constitutional provision (Code, Ann., § 2-6005) to these statutes, and presents a question of importance with State-wide application which has not previously been passed upon by this court. It might also be stated here, as will be pointed out more fully hereinafter, that the case involves one of the fundamental principles and foundation stones upon which our system of government was founded, which is free enterprise. Under the amendment of 1943 to article VII, section VII, paragraph I of the Constitution of 1877, and under the Constitution of 1945 (article VII, section VII, paragraph V; Code, Ann., § 2-6005), it is expressly provided that revenue anticipation certificates shall be issued only to provide funds for the purchase, construction, extension, repair, or improvement of such facilities and undertakings as are ""specifically authorized and enumerated"" by said act of 1937 as amended by said act of 1939.