Savannah morning news. [volume] (Savannah) 1868-1887, 1882-07-17
THE RAILROAD SUIT.
Case Of the Central and Georgia
Railroads VS.. The Commission.

Judge Simmons ON Friday, says the Ma
con Telegraph, completed and forwarded his
opinion in the case of the Georgia Railroad
Company and w. NJ. Wadley VS.. the Rail
road Commissioners TO Attorney General
Anderson. The Injunction applied for is
refused. The principal questions decided
are as follows:
l. That a court Of equity has jurisdiction
of the bill upon the case as therein stated,
and the remedy at law being incomplete and
inadequate, as a refusal to obey the rules OF
the commission would expose the complain
ants to q multiplicity of suits both in favor
of the State and individuals, and would
seriously imperil the existence OF the cor
poration.
g. That, under the facts shown by the
cross.bill OF the defendants and the answer
of Mr.. Wadley thereto, neither the Georgia
Railroad Company nor Mr.. Wadley has any
such interest as entities them to maintain
this bill, in the question made, to wit: The
right Of the Railroad Commission to fix rates
of freight and passage over the Georgia
Railroad, it being shown that the Georgia
Railroad Company has leased its roads and
the rights OF transportation and conveyance
over them to Mr.. Wsdley for the space OF
ninety nine years, and that Mr.. Wadley has
virtually transferred ell his rights under the
lease to the Central and Louisville and
Nashville Railroad Companies.
The validity of the lease to Mr.. WadleY
and the transfer by him to the Central and
Louisville and Nashville hoad is not de-
cided, hat both are treated as valid In so far
as involved in this case.
3. That that part of the twelfth section Of
the charter of the Georgia Railroad Com
pany, WHICH reads as follows: "That the
said Georgia Railroad Company shall at all
times have the exclusive right OF transpor-
tatiOn or conveyance of persons, merchan-
disc and produce over the railroad and
railroads to be by them constructed while
they see fit to exercise the exclusive right,
provided that the charge of Transports
ton or conveyance shall not exceed fifty
cents per hundred pounds on heavy arti-
Giles, and ten cents per cubic foot on articles
of measurement for every one hundred
miles, and FIVE cents per mile for every pas
senger," does not fix maximum rates for
freight and mileage over the Georgia r all
road, nor grant to them the exclusive right
to fix their own rates provided they are
within the maximum named, but that the
proViso operates as Limitation upon the
grant TO them OF the exclusive rights Of
TRANSPORTATION and conveyance over their
roads, and upon exceeding the rates so
limited their roads become subject to use as
public highways, but in other respects their
charter is not affected.
4. That the Legislature, under the con-
stitution of the State, has right to dele
gate to commission the power to fix rates
Of freight and passage over the railroads OF
the State.
Upon these propositions, first stated, the
Judge delivered learned and elaborate
opinion, and upon the last he simply refers
to the opinion of Mr.. Justice Woods In the
case of Tilley VS.. the Railroad Commission,
and expresses his concurrence therein.