HAWKINS, Justice.
(After stating the foregoing facts.) 1. Section 1 of Ga. L. 1910, p. 131, provides: "Be it enacted, that in all counties in this State having a population of one hundred and twenty-five thousand (125,000), or more, the Board of County Commissioners, or if there be no such Board, the Ordinary of said county, shall have the power to grant or refuse permission to establish outside of the limits of incorporated towns, cemeteries, hospitals, sanatoriums...
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