The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-22
SUNDAY EXCURSIONS MAY RUN.
JUDGE TARVER OF EFFINGHAM so
DECLARES.

General Passenger Agent Halle Of
the Central Found Not Guilty 0f n
MisdemcanOr-The Law Prohibit
ing the Running of Sunday Ex-
cursiOn Trains Held to Be Uncon-
stitutiOnal.
The case against General Passenger
Agent ]. c.. Halle of the Central of Geor-
gia railway was dismissed yesterday af-
ternoon by Judge f. r. Tarver of Efing-
ham county, on the ground that the sec
ton of the code restricting the running of
excursion trains on Sunday is unconsti-
tutional.
MI. Eaile-and. Mr. A C. Wright. coun-
sci for the county of Efingham for the
Central, went up to Guyton and there took
a team for Springfield, the county site.
The warrant under which Mr.. Halle was
arrested was issued about a month ago.
1t stated the offense as having consisted
in the running of an excursion train from
Savannah to Augusta on Sunday. The
charge was not specific, as the name of
Efingham was not mentioned as one of
the counties through which the excursion
had been run. The warrant was sworn
out by W. B. Canuet, who gave his piety
as the cause prompting his action, as he
regarded the excursion as a dissertation
of the Sabbath and violation of the law
of the state. The offense is classed as a
misdemeanor.
Col. R. w. Sheppard, county solicitor,
represented the state. Mr.. Wright made
very forceful and convincing argument,
in which he cited proof attesting the I'M
constitutionality of the section of the code
under which the warrant was issued.
Another ground of his demurrage con-
sisted in the failure of the warrant to
state specifically the charge, as Efing-
ham should have been named as the coun-
ty whose Sunday peace and quiet had
been disturbed. The judge sustained him
in this demurrer, and Mr.. Wright then
entered into the question of the constitu-
tionality of the section of the code re-
stricting the railroads in the running of
freight trains, excursions or any trains
not on regular schedule. The difficulty
with the act under the constitution. is
found in its violation of the provision that
no act. in its body, shall contain matter
different from what is indicated in the
title of the act. The body of the section
of the code states that no excursion train
shall be run on the Sabbath, but the title
of the act does not indicate that such a
restriction is to be found in
its body. The title of the
act is IAN act to amend section
1878 of the code of 1882 prohibiting the run
ming of freight trains on Sunday.
AS may be seen from the title, nothing
bearing on excursion trains can be un-
oh If 1,n
act it heads distinctly states that running
an excursion is an offense to be classed
as a misdemeanor.
Section 457S of the code originally en-
braced only freight trains. In 1883 the
amendment was passed, and the faulty
title given 1t. The title of the amendatory
act gives no idea of its scope, and Mr..
Wright argued that in so far as it's read
ing explained the body of the act, it might
just as we'll have been left off. He then
quoted the constitution as follows: mo
law or ordinance shall pass which refers
to more than one subject matter or con-
tains matter different from what is ex-
pressed in the title thereof"
Section 5076 was read which is as fol-
lows: mo law or section of the code shall
be amended or repealed by mere reference
to its title or to the number of the section
of the CODE but the amending or repeal
ing act shall distinctly describe the law
to be amended or repealed, as well as the
alteration to be repealed. The act
under which the warrant was issued was
easily shown to have been unconsutu-
tonal by both its titles non-reference to
the provisions following in its body, and
by its mere reference to the section it
amended.
Judge Lumpkin was quoted in his
Fourth Reports in the case of the mayor
of Savannah vs. the state of Georgia.
Judge Lumpkin says, in unfolding the
sections OF the constitution quoted: II
would observe that the traditionary his
tory of this constitutional provision is
that 1t was inserted in the constitution of
1898 at the instance of Gen. James Jackson,
and that it's necessity was suggested by
the "Yazoo act" That memorable meas
ure of Jan. II, 1895, as is well Known, was
struggled through the legislature under
the title of "An act for the payment of
the late state troops of Georgia"
Mr.. Wright's demurrers were presented
with such clearness that the judge I'M
hesitatingly sustained him, and Mr. Halle
was dismissed. He and his counsel re-
turned yesterday afternoon.
The railroad has been running excursion
trains for two or three years under ad-
visement of its attorneys, whose opinion
no intention at any time to violate the
law, and when the roads attention was
first called to the possibility of It's being
liable for running the trains. the opinion
of it's attorneys was asked. The dismissal
of the warrant removes something of an
embarrassment for Mr.. Halle.