The Dawson news. (Dawson, Ga.) 1889-current, 1909-05-26
SAYS That to Comply With An
of Its Provisions Would
COST RAILROADS 100000
The SeabOard Air Line Asked United
States Court for Injunction, and
Hearing Is Now on. So
licitOrs-General Sum-
moned to Atlanta.
moned to Atlanta.

A vigorous and interesting fight is
m over the headlight law that was,
enacted at the last session of the
legislature requiring all the railroads
of the state to equip such engines as
they use on their lines with electric
headlights within year from the
passage of the act. Thus the time at
which the law becomes operative is
only a couple of months off.
1t is said it would cost the rail-
roads in Georgia $4,000 or $780,
600 to comply with the provisions of
this law. Naturally, therefore, they
are making a strenuous fight against
it,
This fight has just been begun in
a suit for injunction instituted by
the Seaboarn Air Line Railroad Com
pany in the United States court in
Atlanta. F. E. Galloway, an Atlanta
lawyer, was appointed by Judge New
i man Of the federal court as special
master to make inquiry into the case,
4 take evidence and make report.
The Seaboard's Protest.
Mr.. Galloway called a hearing in
the case for Monday, May "a, and
summoned Attorney-General John C.
4 Hart, all of the members of the state
n Railroad Commission and all the
4 Solicitors-General of the circuits
\ through which the Seaboard runs
who were made parties defendant, to
appear before the special master at
sthat time. Solicitor Laing of this
circuit, being engaged this week in
sIerrell superior court, could not be
Nm Atlanta Monday, when the hear
sing was begun.
The Seaboard is attacking the con-
sututlonality of the law on the
ground that it was not passed by the
legislature in accordance with the
Nterms of the constitution. The SEN
Fate rejected the bill that was origi-
nally passed by the house and PASSED
ia substitute by a vote of 40 to q
y Then the house refused to recede
#from its bill, and sent it hack to
the senate as originally passed. The
#Senate then voted to recede from it's
substitute, the motion receiving IS
votes, while constitutional majority
I'm the senate is %. No further ac-
tion was taken, it being considered
#that the senate's recession had the
e1ect of passing the house bill.
UnconstitutionaIity Claimed.
The railroad company now con-
tends that the law is unconstitutional
because 1t failed to receive a ma
lorlty vote in the senate. An inter
eScng construction of the constitu-
uolal requirements with reference
70 legislation is here involved.
But the state on the other hand
answers that the court has no au-
lAority to grant an injunction re.
Sualning the operation of criminal
law.
The state contends that the only
&PFoper procedure to determine the
OnSutulonality of the law is for the
abroad company to violate it, where
upon indictment by the grand jury
Will follow and the test of cOnstitu-
DnaIlty may be made in the subse-
quent proceedings.
Various Objections to Law.
-" auulIlOu TO the claim or u0COn-
9'utonality of the law it is contend
u mat it involves, in effect, confisca-
uOh by requiring an unnecessary ex-
pendlture, and that it will cause
#sLeat inconvenience, and interference
Nun interstate commerce.
AS to the latter claim it is pointed
Uui mat North Carolina has a head
slt law containing certain specifica-
LUIS The requirements of the
ST{ofgla law are totally different.
.ueTetore an engine attached to a
MN aa moving from Georgia on into
~lh Carolina would have to use
, us hind of a headlight in this state
au then change for another upon
@TIsSing the North Carolina line.
II IS charged that this is an unjust
ro unwarranted interference with
I,e'State commerce. Injunction is
oV asked upon this ground as we'll
.uat of the alleged unconstitution-
"V OF the law.