Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-01-04
|. & n. BEGINS COURT
FIGHT To PARALLEL
WESTERN & ATLANTIC
Files Petition for MandamuS
Compelling Secretary of
State to Issue Charter to
North Georgia Mineral Ry,

Attorneys Dorsey, Brewster. Howell &
Heyman and King & Spalding Friday
night presented to Judge ]. T. Pendleton,
OF the Fulton superior court, petition
for a writ of mandamus to compel Philip
Cook. secretary of state, to issue char
ter TO the North Georgia Mineral rail-
way, the secretary of state having de-
clined to issue this charter last sum-
mer after the legislature had enacted
the law forbidding him to grant a char
ter for the construction of any railroad
which would parallel the Western and
Atlantic railroad or impair the value
OF that property.
Judge Pendleton issued an order re-
quiring the secretary of state to show
cause before him on January Is why
the petition Tor mandamus should not
b. granted.
This move against the state follows
close upon the heels or the action taken
Oy the states attorneys last Tuesday
afternoon in obtaining temporary injunc-
tions from Judge a. w. Fite, OF the
Cherokee circuit restraining the fur
Iher publication OF the legal advertise
the Louisville and Nashville railroad TO
extend the line OF the old Atlanta. Knox
VILE and Northern railroad from Car
Iersviile to Marietta, which Attorney j.
) Spalding, IN public statement, ad-
mitted was in turtherance of The pur-
pose of the Louisville and Nashville
10 extend its road into Atlanta.
IL has always been taken tor granted
that the proposed North Georgia Min
eral railway was in realty designed TO
give the Louisville and Nashville its
desired entrance into Atlanta.
The application for charter for this
railway was filed with the secretary
or state on October Q. 1914. A storIn
OF public opposition 70 the granting
OF this charter, which il was believed
would mean the parralleling of the
Western and Atlantic railroad with a
consequent serious impairment OF the
value OF that property, was aroused
throughout the state.
AS a result OF this public opposition
Attorneys King * Spalding, then
the attorneys for the North Georgia
Mineral railway, agreed WITH Governor
SlatOn not to press for the charter
until after the legislature met in its
regular 1915 session. However, they
left their application on file with the
SPECIFICALLY VA SN1AN.
1t was generally expected at the
time that mandamus proceedings would
be Immediately brought against the
secretary OF state, but for reasons of
their own the attorneys did not do so.
The next step taken by the railroad
was the inserting OF advertisements In
papers in Cobb. Cherokee and Barlow
counties announcing their purpose to
build a branch line of the Atlanta,
Knoxville and Northern (Which is
! ownedan d operated by the L. and NJ
from Marietta to Gainesville.
Since the state has proceeded TO en-
| Join the preliminary steps toward this
extension or branch line, it appears
| that the attorneys for the railroads
have made a counter move by applying
| for the writ of mandamus. This makes
two separate actions, both of which
will probably engage the courts for
months TO come.
After being served with a copy of
Judge Pendleton's order Saturday morn
ing Secretary Cook stated that ne had
| no comment to offer He said he would
/ confer with Governor Harris and At
torney General Walker on what
course to pursue.
Governor Harris. when apprised by
| The Journal Of this latest move. ex-
pressed some surprise, but declared the
state would fight to the last ditch to
save the Western and Atlantic railroad