Savannah morning news. [volume] (Savannah) 1868-1887, 1883-03-01
THE SUPREME COURT.
Opinion in the Georgia Railroad In
junction Case.

Opinion in the Georgia Railroad In
Junction Case.
The following opinion in the Georgia
Railroad VS.. the Railroad Commission in
junction case, affirming the constitution
ality of the commission acts, was handed
down by Justice Crawford in the Supreme
Court at Atlanta on Tuesday:
Georgia Railroad ct al. VS.. Smith ct al.
Railroad commissioners, ct al. Refusal
of injunction, from Fulton. Railroad.
Constitutional law. Officers. Charters.
Corporations.
CRAWFORD, j.
l: The object of the constitutional pro-
vision comforting power upon the Legisla-
ture to regulate railroad freights and pas
senger tariffs, to prevent unjust discrimi-
nation and require reasonable and Just
frelghts and tariffs, and making it the
duty OF the Legislature to pass laws in
furtherance of this provision, was to give
proper protection to the citizens against
unjust rates for the transportation of
freights and passengers over the railroads
OF the State, and to prevent unjust
discrimination, even though the rates
might be just. 1t was not expected that
the Legislature should do more than pass
laws to accomplish the ends in view.
Nor were they required to enter into the
details of settling freights and tariffs
over all the railroads in the State. The
Railroad Commissioners are officers ap-
pointed to carry into execution the laws
passed by the Legislature and are con-
stftutional officers.
(a.) The powers of the Railroad Conn
missiOners are not legislative. The
power to adopt rules and regulations to
carry into effect a law already passed
differs from power to enact the law,
81 ILL.,, 35I. Tilly VS.. Savannah, Florida
and Western Railroad. q. S. Circuit
Court, Southern District of Georgia,
lpamph; headnOtes, September term,
1SS0). "a U. S., 113, I55, 1854.
2. Acts of incorporation granting exclu
sive privileges to the corp0rators are al
ways to be strictly construed, and what.
ever is not expressly given therein or not
necessarily implied therefrom. is with
held. y Pa. St., 339; 81 U. S., $50.
(a.) The 18th section of the charter of
the Georgia Railroad and Banking CON-
pany was as follows: THAT the said
Georgia Railroad Company shall at all
tunes have the exclusive right of trans
portat1On or conveyance of persons, mer-
chandise 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 trans
portatIon or conveyance shall not exceed
fifty cents per hundred pounds on heavy
articles, and ten cents per cubic foot on
articles Of measurement, for every hun
dred miles, and five cents per mile for
every passenger"
Held, that the exclusive right granted
by this section was the right of transpor,
tation or conveyance of persons, Iner-
chandise and produce over the railroad
and railroads to be by them constructed
The State did not contract with the COM
pany to guarantee to it the exclusive right
to charge the maximum rates named. IL
Peters, 544; 80 Ga, 500; 40 ID, ISL; 40 E,
c. L., 29S, 319; AZ ID, 496; 46 Id, 234-5.
(b.) Such contract cannot be reached
by constituting the proviso in this section,
nor is this the office OF proviso. Is
Peters, 423; Barn & Add, 80; Comyn's
Dig, conditions" A p; Coke's Little
ton, 2OS (b); BOuy, L. Die, ''proyiso'
399,
Judgment affirmed
Hall j. concurred in the Judgment on
special grounds.
Joseph B. Cumming, A. r. Lawton for
plaintiff in error; Clifford Anderson, At
torney General, Mynatt & Howard for de-
fpndantR