The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1916-03-10

eral of Georgia announced that the Pc
tition for the charter was in regular
form and the law complied with. but
upon the request of the governor Of the
State. the secretary of State refused
to accept its filing. The governor an
nounced he would call an extra session
of the legislature, whereupon, TO save
this expense to the state, the railroad
agreed not to press action on the petit
ton until the regular session of the leg
islature of Georgia should meet In June
of 1915.
The Legislature Acts.
vening, passed an act to prevent the is
suance OF corporate power to any private
company to parallel the tracks of the
Western and Atlantic so long as the same
should be the property of the State, not
withstanding that there Is general rail
road law authorizing the construction OF
railroads and a provision in the State
constitution prohibiting monopolies. Fol-
lowing this action, the secretary or
State denied the petition for a charter in
pursuance of this act of the legislature.
The petitioners take the position that the
secretary Of State had no authority IN
law for his action In refusing a charter,
nor did the legislature have any consu-
tutional right to pass such an act.
The statutes of Georgia permit rail-
way company to build branch lines by
advertising for a stated period In each
Of the counties through which the line
Is to- be constructed and the petitioners
attempted to comply with this law, using
the charter Of the Marietta and North
Georgia Railroad Company, to which
they had succeeded, hoping then to pro-
coed with the construction of two branch
lines to meet their needs. After the ad-
vertising had first appeared, the attor-
ney general secured an injunction pro-
hibiting the newspapers from making
further publication of this legal notice
thereby seeking to invalidate the whole
procedure.
Judge A. w. Fite, sitting at Atlanta
granted the petition of the State, and Is
sued the injunction order, stating thst
he was In some doubt as to some OF the
points raised, but that he believed the
State has the right to protect Its own
property.
Absurd Conflicts.
In case no satisfactory adjustment is
reached with the State Of Georgia, the
instance would be offered here OF forty-
eight miles OF track owned by state
obstructing the direct course Of inter-
state commerce between such important
centers as Cincinnati, Louisville, Mont
gomery, Augusta and Atlanta, covering
80 miles of track, as well as interfering
with the commerce of the whole country
to and from this region.
The instance is also offered Of the COM
plcations which arise in business when
either State or national governments at
tempt to enter that field, and emphasizes
the readiness with which the State is
willing TO ignore the rights OF others
and to violate the law in the very man
ner in which governmental bodies are
prone to criticise private corporations
The essential unity Of interstate COM
merce and the necessity for its conduct
in the interests of all the States and I'M
der the supervision of the Federal gov
eminent without the conflicting interior
ence of State governments is well shown
and will doubtless be made a matter for
future legislation as the absurdities and
inefficiency of the present system are
shown.