The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-28
SUPREME COURT DECISIONS
A REVERSAL OF 4 JUDGMENT OF
JUDGE GAMBLER.

Allows the Consolidation of the
Lines of the Consolidated Hallway
and The Atlanta Hallway Company.
Decision Regarding the state Lii
cense of 500 on Bicycle Dealers.
One License VIII suffice for All
Makes sold by Company-Re-
ward Paid for Arrest of WIN
Leonard.
Atlanta, Feb PA decision handed
down by the Supreme Court this morn
ing reverses the judgment Of Judge Cand-
Ter in the case of the state against the
Atlanta Railway and Power Company,
ard the Trust Company of Georgia, and
allows the combination Of the lines Of the
old Atlanta Consolidated Street Railway
COMPANY and the Atlanta Railway Com
rauy which certain citizens, living on
Richardson street, through the state at
tempted TO prevent in a suit for injunc-
zion and receiver, filed several months
ago
Under the decision the consolidation can
be made. which will include all lines in
the city. except those of the Collins Park
and the Belt Line A bill for an injunc-
tion against the combination was brought
IN the name of tn state, as ii was al
legged that the prospective combination
was violation of article four, section ?
and paragraph 4 of the constitution of the
state Judge Gambler granted the injunc-
tion asked for, which the Supreme Court
to-day reversed. The court held that this
case was governed by the decision in the
Eatonton-Central Railroad case and that
abe Interpretation of the word competi-
ton given in that case would be applied
in this, the court holding in the former in
stance that it was not sufficient that the
competition existed only in Isolated places,
but that it pnust be general, or in other
words, competing lines in the full sense
III the word, and that the combination
must lessen or tend to lessen competition.
1t also held that there was no lessen
ing of competition under the evidence in
the street railway case, and that under
its charter the Trust Company of Geor-
gla has authority TO buy the shares or
stock of any other corporation, provided
that in so doing ii does not violate the
provisions of the constitution of the state.
The court further held that the ques-
ton whether an action is maintainabe
under the clause of the constitution above
cited, depends upon the pleadings and
the evidence and not upon the motives in
spring those at whose instance the Gov
ernor was induced to order the suit to be
filed or the arguments presented 20 him
to that end. This was given in answer
to the charge that the Atkinson people
inspired the bringing of the suit.
The Waycross Air Line Railroad Com
pany VS.. Offerman and Western Railroad
Company ct al; affirmed.
Crandell Bird VS.. state bingham; re-
yersed
In speaking of the decision of the Su.
preme Court reversing the lower court in
the case of w. D. Alexander, the local
bicycle dealer, who was fined 800 for sell
ing bicycles without a license, Controller
General Wright says he cannot under
stand on what the decision Is based, as the
same principle is involved in the Singer
Sewing Machine Company case before the
United States Court, where 1t was held
Just contrary to what the Georgia decision
is and Controller Wright says that I'M
der the Supreme Courts ruling he will be
compelled to accept the 500 tax rendered
by the American Bicycle Company in lieu
of the $1,000 that should be paid by the
forty makes of wheels sold in the state
The Controller General this afternoon
refused to grant a license to the Georgia
Industrial Insurance Company of ATTAIN
"a to do business in this state. The COM
pany's charter permits it to do a mutual
fire and life insurance business and not
having the required deposit of bonds for
the 81, 600, 900 capital stock required of mu-
tual companies, he could not issue the
license and assessment companies are not
required 10 have any capital stock or
make the required deposit. w w. Aus
tell is president and T. ]. Brown secre-
tary of the company
Gov. Gambler this afternoon paid to w.
IT. Mills and r. d. Hodge of Opelika,
Ala, the 500 reward for the apprehen-
sion of VIII Leonard, the negro who MUIR
dered his wife and mother-in-law in Tai
bot county in 1897. Leonard was recently
convicted and sentenced to hang March q