The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-12-06
NO INJUNCTION
FOR CENTRAL
Road Must Try New Passenger
Rates for Six Months.
ORDER GIVEN BY JUDGE
Newman's Decision in Famous Case Leaves
Matter Open-Governor Cannot Be
Made Party to Suit.
Judge Newman Of the united State

district court, at Atlanta, Saturday
might, filed with Clerk Fuller his de-
cree in the petition of the Central of
Georgia railroad against the Georgia
Railroad Commission, S. G. McLendon.
II w. Hill, ct al, for an injunction
against the order of the railroad com
mission putting into effect\ circular
1874.
The petition is neither denied nor
granted, Judge Newman declaring it
advisable to allow the conditions now
obtaining to continue for six months
time from September 2, during which
the problem at issue may solve itself
to the satisfaction of both parties
On June Z last the Georgia railroad
commission promulgated circular 1874.
That circular provided that local pas
senger rates, then cents mile.
should be reduced on the Central to
2 IL cents mile, the order to become
effective on September 2, 1907 The
same circular affected other lines than
the Central in the state
Request to amend the bill by making
the governor and the secretary of the
railroad commission parties defendant
caused a fixed hearing to be deferred.
When the case was finally submit
ted during the early part of October to
Judge Newman, it had been argued
fully and at length by some of the
most distinguished lawyers in the
south 1t was then up to Judge New
man to either grant or deny the petit
ton. He did neither. He determined
that time was the essential feature.
Time would determine whether or not
the rate fixed by the commission was
sufficient
Paying a compliment to the attorneys
on both sides, Judge Newman says that
''the entire case has been argued with
thoroughness and very great ability.
The argument has been worthy Of the
very important issues involved" In
disposing of the amendment making
the governor a party to the suit, Judge
Newman bases his ruling upon the
proposition that to do so would make
the proceedings a suit against the state
of Georgia in violation of the eleventh
amendment to the constitution of the
United States"
In formulating his opinion, Judge
Newman makes frequent reference to
cases more or less similar which have
gone through the federal courts, and
in each reference finds solid endorse.
ment for his ruling.
Judge Newman's opinion may be
briefly summarized in it's essential
points as follows:
l. He holds that the governor can.
not be made a party to the suit.
2. He does not think that the attor-
ney general may be made a proper par
ty to the suit, and, so far as he is
concerned, sustains the demurrer Of
the states counsel.
3. He holds that there is no doubt
that the railroad commission is subject
to injunction in the orders that it may
issue.
A. The special attorney of the rail-
road commission is not a necessary
party to the suit, but he may be
proper party to the suit
6. The fact that the commission has
put an order into effect does not pre-.
vent an injunction being taken against
it.
7. The claim of i he roads attorneys
that enormous losses would result from
the order remaining in effect is not,
holds the court we'll pleaded because,
as the opinion states, this is a mere
conjecture.
s. In this connection Judge Newman
suggests that the only way of determin.
ing whether or not the rates are con-
fiscatory is by trial. and he suggests
six months as a period of time in
which to try the rules However, he
suggests if on January 1st next tho
attorneys wish to resume a hearing
of their bill for hearing of their bill
for injunction he will hear them.
10. In dealing with the facts alleged
in the case, Judge Newman considers
solely the allegations of the road as
set forth in the bill, and does not I'M