407 S.E.2d 760
S91A1244.Supreme Court of Georgia.
DECIDED JULY 10, 1991.
WELTNER, Justice.
This case is controlled by the holding in Columbus, Ga. v. Bd. of Water Commrs., 261 Ga. 219 (403 S.E.2d 791) (1991).[1]
Judgment affirmed. All the Justices concur.
[1] In that case we cited Hawkins v. The Intendant of Jonesboro, 63 Ga. 527 (1879), which held:
[W]hen a statute confers the appointing power, and does not expressly authorize self-appointment, the appointment of some one other than self is always contemplated. The creator is not to be his own creature. . . . It cannot be sound that an officer having, or sharing, the power of appointment to another office, can, on general principles, become the incumbent of the latter, either de jure or de facto.
[Id. at 529.]
DECIDED JULY 10, 1991.
Quo warranto. Forsyth Superior Court. Before Judge Mills.
Bondurant, Mixson Elmore, Emmet J. Bondurant II, P. Richard Game, for appellants.
McVay Stubbs, Robert S. Stubbs III, J. Richard Neville, for appellee.