The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-17
RIGHT OF CONDEMNATION
TIE GEORGIA ROAD RAISES A
CONSTITUTIONAL ISSUE.

Denial of the Existence of Legislative
Power to Grant Special Privileges
in Granting Charters to New Rail
roads-The Question to be Fought
Out IN the Courts.
ATLANTA, GA, Dec 16.-The first step
toward the solution Of a question OF vital
inheritance 60 the railroad interests OF
Georgia was taken this morning by the
attorneys for the Georgia Railroad and
Banking Company. It involves the legality
of the charters OF all the railroads char
tered by the Georgia legislature since the
adoption Of the constitution Of 1871. The
question. which is a constitutional one and
must be decided finally by the supreme
court, is this: Can the legisiatu OF oeor-
ola IA view of the fact that there Is \ gen.
erai method for Incorporating rail-
road companies, charter railroads,
one at time, giving special
privileges to each. In bill for injun elton
filed IN the superior court this morning by
the Georgia Railroad Company 1t is sought
20 enioin the Georgia, Carolina and North
ern from condemDing part OF Its right OF
way along the south side, for the distance
of nearly mile, in the city OF Atlanta.
CLAIM OF THE NEW ROAD.
Ibis rig0b tue OeOTkta, O0IOllhn dtiA
Northern claims by provision of the act
which incorporated 1t. Under the charter
of the Georgia. Carolina and Northern
where condemnation OF property is sought,
IL a railroad, part Of whose property IL Is
proposed TO condemn, declines TO name
an assessor, then the ordinary of the
county where the property lies is
20 name the assessor. Monday a week ago,
the papers show, the Georgia, Carolina and
av>Y,lfoA 60 ho C1aOrufa road
name an assessor TO assess the value OF the
property between Hulsey and Grand streets,
but that road declined to do so, and the
Georgia, Carolina and Northern petttioned
the ordinary to name the assessor OF the
Georgia Railroad and Banking Company.
Ordinary Calhoun heard the petition this
morning and appointed Grant Wilkins.
Col. w. J. Houston will act as assessor for
the Georgia, Carolina and Northern.
THE INJUNCTION FILED.
But before the assessment was begun che
Georgia road filed its bill for an Injunction
this morning on the grounds, in addition tC
the attack on the legal existence of the
Georgia, Carolina and Northern corpora
tion, that the property sought to be ooa-
demned is necessary for the use OF the Geor-
gia road and not necessary to the new road
that IL any approach to q necessity exists
the same has been created by the new road
ITSELF, and That the new ROAD onoee this
method of entering the city merely on the
score of economy. Judge Clark granted an
order temporarily restraining the Georgia,
Carolina and Northern from taking posses
sion or interfering with the prop
erty of the Georgia road sought
TO be condemned, but permitting the
assessment proceedings to go forward,
stating, however, that bic declining TO re.
strain the appointment OF an assessor W as
not TO be construed as an expression OF
opinion upon the merits OF that question,
but simply TO save time in case oondemna,
ton was allowed. Judge Clark set Jan.
as the date for hearing the parties on the
motion for an injunction.