Savannah morning news. [volume] (Savannah) 1868-1887, 1882-05-29
The CIR, at Railroad Case.-Deci
Reserved.

Col. W. NJ. Wsdley, as the lessee Of the
Georgia Railroad Company, and the Georgia
Railroad Company for itself, filed bill in
Fulton Superior Court against Messrs
Smith, Wallace and Trammell, constituting
the Railroad Commission, and Clifford An
derson, Attorney General, asking an injunc-
ton against said commission enforcing cir
culars Nos. 20 and 81.
L Because the bill alleges that the act
creating said commission is unconstitutional.
in that It delegates to said commission the
power to fix rates of freight and tariff for
passengers, which power could only be ex-
ercised under the constitution by the Legis-
lature itself. That the Legislature could not
delegate this power.
2 Because said act is null and void as to
the Georgia Railroad Company, because it
had q contract with the State in its charter
whereby The State fixed the rates, and the
act Of 1879 creating the commission violated
this contract between the railroad and the
State, and is, therefore, prohibited by the
Constitution of the United States.
g. Because the rates fixed by circulars 20
and 81 are not Just and reasonable rates, and
II the act Is constitutional, the Commission
ers can only fix just and reasonable rates
under said act.
The Commissioners fled an answer and
cross bill, and say that Col. Wadley and the
Georgia Railroad have no right to come into
court, because they violated the law in leas-
ing said road; that Wadley did not lease
the road for himself, but for the Central
Railroad and the Louisville and Nashville
Railroad; that under the laws Of Georgia
Que railroad cannot lease another railroad
and thus destroy competition.
They say, In the second place, that they
are not entitled to an Injunction, because
they can make the same defense in a court
of Law when they are suei that they can In
equity, and If they have a common lay
remedy they cannot resort to a court OF
equity, and that 40 suit is pending against
them. nor is threatened.
3. They answer that there is no such con-
tract between the State and the Georgia
Railroad Company, as is claimed by said
company. That the section of its charter
which says that they shall have the exclu
sive right to transport freight and passen-
gers, provided they do not charge but fifty
cents per hundred and five cents per mile
for passengers, was not part OF the grant
made to them by the State, but was limi-
tation upon the grant so long IS they had
the exclusive right to run road from Au
gusta to Atlanta, and no one else could
build a road in twenty miles OF said Georgia
Road.
These were the points made in the argu-
ment. The bill was presented to Judge
Lawson, of the Ocmulgee circuit, who
granted a restraining order and set the case
for trial in Macon on the 25th inst. When
be arrlged In that city he decided he was
| disqualified, on account of being an oficer
of the Central Railroad, and the hearin g
came off before Judge Simmons-Ju5ge
Lawson taking his place on the Superior
! Court bench.
The case was argued with great ability by
Messrs. Cumming and Lawton for the COM
plainants, and Col. Mynatt, Judge Ander-
son and GOV. Smith for the commission.
Judge Simmons took the papers and re-
served his decision.