The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-28
CODE HELD CONSTITUTIONAL


Knocks Ont the Attack Made on the
Ground That All of the Codes
Sections Were Not Given Three
Readings Before the House of Rep
resentatiVes-AI the Provisions of
the Code Made Valid by the Act
of the Legislature on Dec. 10,
1895.
Atlanta, Ga, July 27.-The code of 1895
was to-day declared constitutional by the
Supreme Court of Georgia.
Some time ago the constitutionaHty of
the new code was attacked on the ground
that all of its sections were not given three
readings before the House of Representa-
tives. This attack created a sensation in
legal circles all over the state. Here is
the decision in full: Central of Georgia
Railway Company vs. state of Georgia, tie
fore Judge Beck Monroe, Superior Court
Lewis J.
Il. If a railroad company of the state
refuses 10 comply with an order passed by
the railroad commissioners requiring it to
erect a depot building in a given town or
city through which the line of its road
law, is at the companys principal office
or place of business, and consequently the
Superior Court of the county in which that
office is located. and it alone, has jurisdic-
ton of an action by the state against the
company for the recovery of the penalty
incurred by the company in refusing to
yield obedience to such an order.
90. The intention of the act of
Dec. IS, 1895. adopting the present code,
and making the same of force as the code
of Georgia is to, enact into one statute
all the provisions embraced in that code.
90 This act is not constitutional
because it did not incorporate in its body
the various sections of the code. Nor be-
cause those sections were not read three
times and on three separate days in each
house of the general assembly before the
passage of the act.
-. The act in question does not
within the meaning of article 8, sec
ton Z, and paragraph of the constitution
of Georgia refer to more than one sub
ject matter; nor does it contain matter
different from what is expressed in the
title thereof.
''5 The effect of this act is to make
as part of the law of the state all new
matter embodied in the code of 1895.
which could be constitutionally enacted by
the legislature. 1t follows, therefore, that
an act though unconstitutional as orig
inally passed on account of containing
matter different from what was expressed
in its title if otherwise constitutional be
came valid law by its Incorporation in the
present code upon the passage of the
act first above mentioned.
Judgment reversed all COncurring
Hail and Boynton and Lawton & Gun
ningham for plaintiff in error. ]. NJ Ter
reU, attorney general. contra"
James Harris, a Confederate veteran
from Alabama, was mysteriously shot a
College Park, a suburb of Atlanta last
night and dangerously wounded. Ellis, a
man with whom Harris was riding, was
arrested, but was released to-day when il
was settled beyond question that the shot
was fired by some one in ambush
The finance committee of the City Coun-
ell decided yesterday afternoon to make a
favorable report on the resolution appro-
priating So 600 to the archaeological School
This money is to be used with that do
mated by Mr.. French of Pittsburg for the
erection and equipment of a textile de-
partment The sum of 80 500 was first Civ
en- and later Mr. French gave 5000 addi-
tional, provided that the city would appro-
pirate $500. This the finance committee
has decided 10 do.
President Lyman Hall of the Tech
noosical School Will be in Savannah to-
morrow in the interest of the school and
VIII be glad to meet its friends there
Tom Jett. a newsboy years old was
run over and killed by switch engine
this morning.
The fever situation at Fort Mcpherson
is becoming more serious. The number of
soldiers seriously i'll with fever is report
ed to be $50 tonight.
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