dissenting. 1. That the provision prohibiting the present mayor from succeeding himself, although not mentioned in the caption, does not offend the invoked constitutional provision and is valid is in harmony with Richardson v. Mayor &c. of Macon, 132 Ga. 122 (63 SE 790), and Wilson v. Mayor &c. of Dalton, 135 Ga. 240 (69 SE 163). The decision in the Richardson case, supra, was in answer to a certified question from the Court of Appeals and involved amending the charter of Macon. It would seem that we should abide by our instructions to that court.
2. I believe it is impossible for any judge to know if the legislature desired to have the remainder of the Act to stand if the provision therein prohibiting the present mayor from succeeding himself should be stricken. Indeed the language of the Act definitely points to the contrary. Therefore, the ruling that that clause is unconstitutional demands that the entire Act fall with it.