concurring specially. The Hospital Authorities Law of 1941 (Ga. L. 1941, p. 241 et seq.) provides that successors to the trustees shall be appointed as provided for in the resolution of the governmental unit (county or municipality) creating the Hospital Authority; and in somewhat ambiguous fashion also provides that "The Authority shall make rules and regulations for its government . . .” and shall have perpetual existence. In all or many of such Hospital Authorities the Board of Trustees were given the right to appoint their own successors, thus making the said board autonomous, and although all or most of these hospitals are built and/or supported in part by public tax money, the public has been effectively denied any voice in the selection of the members of such hospital boards.
However, in 1964, the General Assembly in its comprehensive revision of the Georgia Health Code completely repealed the 1941 law and, among other things, provided that as to all hospitals activated after March 15, 1964: "The governing body of the area of operation shall submit a list of three eligible persons to the board of the Hospital Authority; the board at its next regular meeting shall elect one of the three persons named in said list.” See Ga. L. 1964, pp. 499, 664; New Health Code Ch. 88-18. But as to all hospitals in existence prior to March 15, 1964, no substantial relief was afforded by this law, and the public must still contribute to the maintenance of such hospitals without any voice in the control and management thereof. However, Code Ann. § 88-1803 would permit such hospital authorities to decide for themselves whether they would give up their right to remain autonomous or continue as such. This law required the election to be made "prior to *526May 1, 1964” by resolution of the board of such Hospital Authority.
In the case sub judice the Hospital Authority of Union County did not make any election until June 1, 1971; and while this is rather late, it had as much right to elect one method of filling vacancies as the other; to remain under the 1941 law or to be bound by the 1964 law. When Hospital Authorities deny the governing authorities of a county or municipality the right to participate in filling vacancies on the board, the public is not represented; and the only remedy left to the local government is to fail to levy taxes for support of the institution, which they are authorized, but not required to levy (Constitution of 1945, as amended; Code Ann. Chs. 2-57, 2-58). This may be small comfort to the governing authorities after they have issued bonds (as has been done in many cases) for the building of such hospitals.