The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-07-29
JUDGE PARDEE
GRANTED APPEAL
IN eWINNETT STREET CASE
FROM DECISION BY JUDGE SPEER
AGAINST ELECTRIC co.

Case Set for Argument Aug. sap
peal Allowed by Judge Pardee in
United States Circuit Court-AttOr-
neys for Electric Company win
Use Recent United states supreme
Court Decision in Their Argument.
Summary of the DecisiOn-The
Fourteenth Amendment Clause.
The appeal Of the Savannah Electric
Company from the decision of Judge
Emory Speer in the Gwinnett street
injunction case has been granted by
Judge Don A. Pardee in the United
States Circuit Court. and the cause
set for hearing on Aug. s. This news
was received in the city yesterday
morning.
The granting Of the appeal. and the
setting of a time for argument on
the question is proof OF the fact that
the presiding judge OF the United
States Circuit Court has been impress
ed with the fact there are some
grounds at least. for reversal Of Judge
Emory SDeer's decision.
The attorneys will at once begin
the final preparations for their argu-
ment before the Circuit Court. Attor-
neys for the Electric Company have
been confident. ever since Judge
Speer's injunction was handed down
that they could secure reversal. and
the allowing OF the appeal seems 70
confirm their position.
The entire case will be re-argued be-
fore Judge Pardee. The decision Of
the District Court judge will be at
tackled in several particulars, partiCu-
larry in regard to the clause refer
ring TO the rights OF the citizens as
against aldermen.
The recent decision of the United
States Supreme Court. handed down
on May 81. last and printed in sub
stance in the Morning News of Sunday
last, will be strong factor for the
attorneys for the railway company.
Messrs. Osborne & Lawrence. Mr..
Lawrence argued the matter of an
appeal before Judge Pardee in At
lanta.
The Fourteenth Amendment.
Judge Speer. in his opinion grant
ing the injunction asked for. called
especial attention to the fact that the
Fourteenth Amendment to the consti-
tuition expressly stated that no state
should deprive any of its citizens of
life, liberty or property. without the
process OF law. In the GWinneCt
street case ne argued that this had
been done by the aldermen OF the city,
a corporation created by the state
The point was argued at length by
| the court. attention called TO the mid
night session of CouaciL the alleged
hoodwinkng OF Mr.. Hardee. the haste
to lay the tracks. and the methods
| Of granting permission to lay them
I called into question.
The court then declared that under
/ this provision Of the constitution. as
well as under an express provision Of
the city charter, the permission to lay
( the tracks was null and void. and the
/ injunction was therefore granted.
Contrary Decision of Higher Court.
| The decision of the United States Su-
! preme Court on this very point is d.
/ reCtIy TO the contrary They call at
/ tention to the fact that the law gives
I the aldermen the power to lay side
I walks, pave streets and other similar
/ privileges and expressly state that the
/ courts cannot decide as 10 the Wis
| dom used in the exercise Of this power.
/ Furthermore they hold that the con-
stitution of the United States is salts
/ fed. referring especially to the four
/ tenth amendment. if all the parties
similarly situated are similarly treat
/ ed and given the same privileges or
/ the same liabilities imposed on all. In
/ conclusion. the decision says. referring
/ 10 a paving case where the judgment
/ of the aldermen had been questioned:
ITO hold otherwise would be TO sub
/ stitute the judgment OF the court as
| to the expediency or necessity Of max
/ ing such improvement for that OF the
/ body delegated by law with the power
/ and responsi bility of action in the
I premises. The court below should have
! regarded the judgment of the board of
/ aldermen as to the necessity of repay
| ing Wyandotte street as conclusive
upon it."
1t IS on this decision. the case in
| which it was given being an almost
| exact counterpart of the Gwinnert
street paving in all its important de-
tails that the railway attorneys will
| greatly rely.