concurring specially in the rulings in Divisions 1 and 2 for the reason that in this case no delegation of legislative authority is involved but only the exercise of such authority.
The legislature is vested with the power to enlarge the territorial limits of municipal corporations, except as limited by statutory provisions against crossing and invading the territory of other political subdivisions of the State. Within these limits the legislature can enlarge city limits, without the aid of any constitutional amendment, within the prescribed limitations, by simply passing an Act to enlarge them, without any say-so on the part of the municipalities or any part of the inhabitants thereof or on the part of the citizens of the enlarged territory. If the legislature so desires it may give to municipalities the power to do what the legislature could have done as to separate municipalities, provided it provides in the legislation the terms and conditions under which the municipalities may enlarge the city limits. When cities comply with such uniform requirements it is the same as if the legislature had enacted separate Acts providing for the enlargement of *14each individual city acting under the legislative authority. ”[I]t is permissible for the legislature to attach a referendum to its enactment and provide that it shall become effective only after receiving a favorable vote in the referendum. Such is not a delegation of legislative power, but is simply an exercise of that power, guided by the will of the people to be affected.” (Emphasis supplied.) Phillips v. City of Atlanta, 210 Ga. 72, 75 (77 SE2d 723), citing White v. City of Atlanta, 134 Ga. 532 (5) (68 SE 103).
The main opinion seeks to justify the legislation in this case which the majority holds is legal by an interpretation of the constitutional amendment of 1954. I do not think that the question whether the legislature has the right to delegate to the municipalities the legislative power which before the amendment of 1954 was passed did not exist is in this case. We have in this case not a delegation of such power but only the exercise of such power. When the legislature authorizes the enlargements of municipal territorial limits by the method of referendum it is the exercise of the authority to annex and not a delegation of legislative power to municipalities to annex. There is no distinction between the legislature’s authorizing an annexation by referendum involving one municipality and the situation where the legislature passes a uniform Act providing that any municipality may annex territory where 100 percent of the persons described in the Act vote in favor of the annexation — the same as to the 60 percent method. When the terms and conditions of the general and uniform Act' are complied with it is annexation by referendum pure and simple. The fact that the referendum in the former method (where municipalities were dealt with separately) came after the legislature provided the specific authority containing the uniform terms and conditions makes no difference since the determination whether a municipality under the uniform law gets the authority depends on whether the referendum, the first initiation of the annexation effort, comes first. Annexation by referendum is the same whichever way it is accomplished. Even if it can be said that the methods are not identical, "things equal to the same thing equal each other" and I cannot understand why one would be an exercise of legislative power and the other a delegation. I cannot concur in the reasons for the majority opinion in Divisions *151 and 2. The fact that the legislature enacted the standards, terms and conditions (which the main opinion says are not required) insures the conclusion that the annexations authorized are exercises of legislative power and not delegation.