The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1907-09-18
CENTRAL CASE
WAS. CONTINUED
RAILROAD COMMISSION WILL
TAKE ~ UP AGAIN ON OC-
TOBER 7.

Atlanta, Sept 1Z-Hearing upon
the petition OF the Central Of Georgia
Railroad Company for an Injunction
to restrain the railroad commission
from enforcing It's circular prescrib-
ing a reduction Of passenger rates
came up yesterday morning before
Judge Newman in the federal court
but hearing was postponed until the
morning Of October Z, the court pass
ing The following order
ordered, mt the hearing be post
poned undl Monday, October7 1907
at 10 o'clock am, at which time the
court will determine whether or not
Hon Hoke Smith, governor Of Geor-
gia. can and should be made a party
defendant to this cause and wheth.
er or not the injunction pending
shall be issued against him and other
defendants as prayed IN the bill
As indicated in the above order
The Central presented two amend
ments to IT'S original bill, one Of
these praying that Governor 1loke
Smith be made a party TO the SUIT
and the other than Secretary George
i Montgomery be made a parts Nhe
amendments allege that Cover ~
Smith has threatened 10 nsdH lte
suits against the railroad for ~ NO
lation Of the circular in & slioa, aad
that each separate yiolatI on OF said
order would render The oad liable
70 a cine Of s., c9. tbaf h action
would be contrary q tine highest law
Of the land and would nor DO the
pctlon OF the state Tor the reason that
her organic law, The amendment as
TO Secretary Montgomery prays chat
he be enioined from certifying The
order OF the commission reducing he
passenger rates Prayer is made
that Governor Smith and his success.
ors in office be euioined from hsti-
tuting suits for refusal to obey be
order of the commission as TO
duced rates.
The amendment making the goyeA
nor a party TO the suit. and prayin
that he be enioued from enforcing
the law. was general surprise,
everyone believing that such an in
junction as that prayed for against
the governor of the state, is directly
contrary to the eleventh amendment
to the constitution Of the United
States. which provides that no state
can be sued.
Attorney General John c. Hart and
Judge James K Hines, attorney for
The railroad commission. filed de-.
murrer to the biz Of the Central, in
which It is set out that before any
officer can be enjoined from enforc-
ing law the invalidity OF the law
must be established in a court and
that the commission having perform
ed its function in prescribing the
rates, has nothing to do with the en-
forcement of its order that duty de
yolvmg upon the governor, and that a
suit against him would in legal con
temptation be such suit as that pro
hibited by the eleventh amendment
TO the constitution OF The United
States: that the railroad company is
not entitled to earn a given per cent
on its capitalization or valuation, this
being a legislative. not a judicial
function
The cases Of the L. 6 N. the At
lantic Coast Line. ana the Atlanta y
West Point railroad. which We're set
for hearing yesterday, We're passed
until the Central case shall have been
disposed of.
Ii is probable that judge Newman
win pass upon the demurrer OF the
state when handing down his opinion
as to the amendments made TO their
petition by the Central