Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-02-27
STATE TO MAKE NO
NEW MOVE To BLOCK
PARALLELING ". & A.
Governor Attorney General
and Judge Hart Agree That
Decision of State Supreme
Court Is Final

The state or Georgia will not, it is
believed, make any further fight to pre-
vent the Louisville and Nashville rail-
road from carrying out its plan to par
allel the Western and Atlantic 1.-THE
state railroadD by building a line from
Atlanta to Gainesville, which will
there connect with its line to Knox
vile.
This was the attitude shared by Gov
ernor Harris, Attorney General Cliff
ford Walker and Judge John {. Hart,
after they had held a conference Mon
day afternoon to discuss the decision
rendered Saturday by the state supreme
court in which the anti-paralleling law,
passed at the extraordinary session of
the general assembly in November, 1913,
was held to be unconstitutional
The state officials are of the opinion
that there is no appeal that the state
can take from the supreme courts de-
cision; that even if an appeal was taken
TO the United States supreme court that
tribunal would be certain to hold that
the matter was one of purely domes-
tice nature and enat ii was up to the
state supreme court to construe the
statutes of the state.
These officials also entertained the
| opinion that So far as the new lease or
| the state road is concerned the statute
now declared to be unconstitutional ana
| void had served the same purpose as II
il had been sustained as valid law.
They point out that while the case was
bending in the supreme court the state
has been enabled to lease the Western
and Atlantic for fifty years at an ad-
yanced rental and that even II the lessee
had been inclined TO hold the proposed
parallel line over the state as club TO
beat down the rental price in the new
| lease it had been unable to do so be-
cause of the act.
Discussing ether features OF the case
Governor Harris said
IF the legislature had passed the
constitutional amendment prohibiting
the issuance of charter TO build a par
allel line. and if the people had ratified
The amendment. as they very prooa-
blv would. then the state would be pro-
lected today.
This constitutional amendment was
A companion bin to the anti-paGallelng
bill. Ii should have been passed when
the anti-paraIleling bill was passed. III
failed to pass at the extra session OF
iTaI5. when the anti-paralleling bill was
rassed. and came over to the regular
/ session of 1916 1t passed the senate
/ in 1916. but failed to come TO vote
/ in the house.
If the legislature should now go
ahead and pass the constitutional
amendment. il could not be submitted
TO the people until the general election
/ IN 1918. and that would probably be TOO
late to stop the issuance of a parallel
charter"
! That the Louisville and Nashville rail-
road will go right ahead and renew the
application for charter for the building
/ of parallel line, notwithstanding the
/ fact that a ffty-year lease for the West
and Atlantic has been closed, seems
/ certain.
HEADACHES OF DECISION
The headnotes of the decision are as
follows:
Il. The act of 1915 Cacts 1915. page
IIsp is not violative of article 3, section
IL. paragraph S, of the constitution of
I this state Csection 6437 civil code),
which provides: No law or ordinance
shall pass which refers to more tnan
+ one subject matter. or contains matter
different from what is expressed in
the title thereof
go When the act of 1918, mentioned
; in the preceding note, is considered in
its entirety, in the light of the history
oS its passage as disclosed by the ad-
missions in the pleadings in the case, it
sufficiently appears that the act is APP
{ Tl.cable TO the proposed application for
/ charter. which was the subject matter
of the suit.
% The act of 1892 Cacts 1892. page
. s7b. the purpose of which was TO carry
into effect an amendment to the consti-
tuition of this state Carticle 3. section Z.
paragraph is; civil code section 6446),
Z relating to the Incorporation of railroad
3, companies, IS a general law within the
meaning OF article l. section 4. para
+ graph / of the constitution of this
state CciviI code section 6391) which de-
clares in part: Laws of a general ma
ture shall have uniform operation
throughout the state. and no special
Jaw shall be enacted in any case for
which provision has been made by an
. existing general law The act of 1915
Cacts 1915. page 49, purportinS TO
amend the above mentioned law, is a
special enactment having reference to a
law provided: and is void as violativs
above quoted.
mandamus absolute.
Application was duly made under
i civil code sections 2577 to 2597 inclu-
\ sive. to the secretary of state for char
Y ter of a corporation to be called North
I Georgia Mineral Railroad company. The
4 proposed route of the railroad extended
/ a distance of about NIFTY miles. to a
/ place called wafford's Cross Roads. near
the town of Gainesville. in Barlow
county. Georgia The Western and At
| Continued on Page q, Column Sd