Savannah morning news. [volume] (Savannah) 1868-1887, 1883-02-28
FLASHES FROM ATLANTA.
IMPORTANT DECISIONS OF THE
SUPREME COURT.

The Georgia Railroad Injunction Case
ConstitutiOnality of the Railway Com.
mission Acts Affirmed-The Question
to Go to the Federal Supreme Court
Opinions in Other Cases.
ATLANTA, GA, Feb. 27-In the Supreme
Court Justice Crawford delivered an
elaborate decision in the Georgia Rail-
road VS.. the Railroad Commission
injunction case, sustaining the con-
stitutionality of the acts creating commits
sion and ruling that nothing in the charter
OF the Georgia Railroad exempts it from
the operations of the tariff rates of the
commission.
Justice Hall, while asserting to the de-
c1sion, explained verbally that he was of
opinion that the old charters ought not be
interfered with, and while the com
mission was constitutional, it might ex-
eeed the real power vested in it by the
Legislature.
Chief Justice Jackson fully agreed with
Justice Crawford's entire decision. and
complimented it highly.
Major Cumming, for the Georgia Rail-
road, announced that the case would be
carried to the United States Supreme
court, and asked time to prepare writs of
error.
The Chief Justice remarked that il was
an important case, and the interests of
the State and the public generally forbade
any needless delay in the appeal and set
tlement of the matter.
General LawtOn, for the Central Rail-
road, responded that there would be no
unnecessary delays on the part of the
railroads interested.
Chief Justice Jackson having remarked
fhAf OInh e. L.,
ried up, although he felt satisfied that
their decision would stand, Justice Hall
added that he, too, was glad of the appeal,
as he had grave doubts on the matter of
the Georgia Railroad charter. His dis
sentlng views on this particular point
VIII be written out and published with
Justice CrawfOrd's decision.
In the Huff VS.. Markham Injunction
case Justice Crawford delivered the de-
cislon, sustaining Judge Hammond in re-
fusing the injunction. Huff has his RENE
dy for damages or reimbursement in the
law courts. Landlords cannot be stopped
III ejecting tenants by claims of this kind,
ana failure on the part of the landlord to
repair premises, ETC., is no reasonable eX-
cuSe for tenant to remain in possession
without payment of rent as stipulated in
the lease.
In the case of the Atlanta and Charlotte
Airline Railway VS.. Ray, flagman of a
train, who was injured in an accident by
hot stove falling on him in passenger
car, and who gained verdict for over
$4,000 damages, appealed by the railroad
company, Justice Crawford rendered the
decision to the effect that the flagman was
out of his place at the time of the accident,
1t was his duty to know that the stove was
not properly fastened down and report the
same to headquarters. He did not do this,
thereby contributing by his own neglect
to the injury complained of, and cannot
recover damages. Judgment reversed,
In Sapp VS.. Razier, case of assign
ment, where fraud was charged, Chief
Justice jackson rendered the decision.
a deed OF assignment is null and void
unless proper schedule is securely at
tached. There was no schedule in this
case. At the proper time the schedule
must be with the deed of assignment and
so attached as not to be removable or
tampered with. 1t must clearly show to
all creditors just what property is assign
ed and leave no room for fraud or deoep-
tion,
In Mason vs.. the Atlanta Fire Company,
Mason's widow sought a share in the
division of property of the recently dis
banded fire company. Justice Hall de-
livered very elaborate decision. When
a.member of any such organization dies
MS lHteISSI III IL anu llS properly unless
there be a joint stock feature, dies
with him. No relation can claim
any share in the final winding up of it's
affairs. Only the surviving members can
participate in the division Of property,
This decision is important to ali organi-
cations whose members desire to secure
their interests to their families after death,
No decision was rendered in the Well
bOrn-Estes Judgeship case to-day. 1t in
wolves grave constitutional questions and
requires time for careful consideration.
A wind blizzard struck us yesterday
and everything was frozen hard this
morning.
The ATLANTA Methodist Aduocate has
finally suspended, the Northern Metho-
dists having lost over $1,000 per year on it.
W. III, Fifer, Jr,, whose parents live at
Fernandina, Fla, robbed his employers
here of 500 and left, He has been ar
rested in New Orleans and will be brought
back.
Messrs. Bacon, Reppard and McDon-
Ough, Of Savannah, addressed the Rail-
road Commission to-day in regard to lum-
Der rates. A compromise is hoped for
with the railroads.