The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-19
IN FAVOR OF THE CENTRAL.
JUDGE HART SAYS COMPETITION is
NOT DEFEATED.

Purchase of the Middle Georgia and
Atlantic by the Central Has Been
BenciiciaI to Every Point on the
Former Line Except MflIedgeviIIc
and shady Dale, Says Judge Hart.
People of Putnam County Save
over $2O,090 Every Year.
Eatonton, Ca, Sept. 1S.-In the case of
the state Of Georgia against the Contra;
of Georgia Railway Company. brought TO
prevent the latter from buying the Middle
Georgia and Atlantic and the Eatonton
Branch, a short road in this state, claim
ing that thereby a monopoly was created,
Judge Hart. before whom it was heard,
rendered decision to-day in favor of the
Central road.
This was a case of unusual interest, be-
cause it hinged upon the Interpretation Of
that clause in the state constitution which
prohibits railroad combinations having
or intended to have the effect of lessen
ing competition. Had the court held that
the purchase of the road defeated compe-
tition it would have been necessary to ap-
point a receiver. Attacks would doubt
less have followed on other railroad prop
critics and two-thirds of the railway mile.
age of Georgia would have been In litiga-
tion.
When the Middle Georgia and Atlantic,
together with the Eatonton Branch, form
ed an independent line 1t competed with a
branch of the Central at two points-Nil-
ledgeville and Shady Dale At the latter
point those receiving freight had 1t de-
livered at their store doors free, and at
Milledgeville the competition resulted in
free passes to shippers to induce them to
route their freight over the Middle Geor-
gia and Atlantic. When the Central of
Georgia bought the Middle Georgia Road
these favors were cut off
Competition Not Defeated.
The court was of the opinion that the
purchase was not defeating competition
in the sense intended by the constitution,
and that the purchase has been beneficial
to every business, every shipper and ev-
cry person living on the line excepting at
the two points named.
The people, as a whole have been bene-
flied, both as to convenience and safety
in travel well as in savings of freight
ana passenger tafiH.
1T is susceptible of proof" the decision
reads, that in reduced freight charges
and as a result of the consolidation, the
people of Eatonton and Putnam county
save annually over S2O00O."
On the powers of corporations in Geor-
gia. Judge Hart says:
Corporations should he kept within their
corporate powers. Whatever powers
however that have been lawfully given
them, may be lawfully exercised by such
corporations to their fullest extent
The state will appeal the case to the
Supreme Court of Georgia.
Attorney Generals View.
Attorney General Terrell this afternoon
received a telegram from Judge Turner at
Eatonton, stating the fact that the de-
cision had been made adverse to the state
but Attorney General Terrell thinks that
il was based upon the ground that the
Middle Georgia and Atlantic was not a
competitor with the Central as a line, ex-
cept at two points. He also said he could
not see how the matter of rates had ar
fected the judges decision, as the United
States Supreme Court has ruled that rates
do not enter into the controversy. He
stated authoritatively that the case win
be appealed to the Supreme Court. and
he hopes to secure a reversal of the lower
court.