Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1917-02-26
ANTI-PARALLEL
RAILWAY ACT IS
KNOCKED OUT

ATLANTA, Ga, Feb. 26-The SUI
Lreme court of Georgia has handed
down a decision holding unconstitu-
tional the act of the legislature which
prohibits the secretary of state from
issuing a certificate of charter to any
private company to build line of rail-
way parallel to the track of the Wes-
tern & Atlantic railroad.
This is the end of the long fight OF
the Louisville & Nashville railroad for
the right to build a line of railroad
from Gainesville to Atlanta, giving
it entry into the city of Atlanta by
other tracks than the Western & At
lantic railroad, which tracks it has in
the past used. The decision gives to
this road the right to build if it still
desires to do so.
The act was passed for the purpose
Of protecting the state-owned Western
4 Atlantic railroad, now under lease
to the Nashville. Chattanooga and St
Louis from depreciation in value
through the competition of parallel
ing line.
The decision is rendered in the case
OF Morrison, ct al, VS.. Philip Cook,
secretary of state, which was a man
damus proceedings to compel the Sec
rotary of state to grant charter to
the North Georgia Mineral railroad
which company proposed to build \
line of railroad from Waffords Cross
ing near Gainesville, to Atlanta, paral.
leling the Western & Atlantic tracks.
PendletOn Held Act Constitutional.
The petition for mandamus absolute
and attacking the constitutionality OF
the act was brought before Judge
Pendleton, of Fulton Superior court,
when Secretary of State Philip Cook,
following passage of the Western Z
Atlantic anti-paralleling act, declined
to grant a certificate of charter to w.
j. Morrison and others for the North
Georgia Mineral railroad. Judge Pen
dleton held that the act was constitu-
tional and was mandatory upon the
secretary of state not to issue the Ger.
tifcate of charter, and declined to is
sue the order compelling the secretary
OF state to grant the certificate. The
plaintiffs then appealed and attacked
the constitutionality of the act before
the supreme court. The supreme tri-
bunal held the law unconstitutional
and reversed Judge Pendleton.
The ground upon which the supreme
court held the law unconstitutional is
that it is a special act of the iegisla-
ture violative of the provision of the
constitution of Georgia which declares
that laws of a general nature shall
have uniform operation throughout the
state, and no special law shall be en-
acted in any case for which provision
has been made by an existing general
law"
Morrison and other incorporates OF
the Mineral railroad will probably in
the next ten days, renew their demand
on Secretary of State Cook for certifi-
cate of charter for that road. The re-
mittitur from the supreme court in the
case will go to the lower court in ten
days.
Governor Harris said last night he
doesn't see that the state can do any
thing more in the premises, and it APP
pears will have to accept the situation.
However, he will have conference
with Attorney General Walker today.
Information is to the effect that the l..
& \. intends to proceed with the con-
struction of its road from Atlanta to
Gainesville over the right-of-way OF
which they already have options on
the necessary property. The purpose
is to Immediately relieve the pressure
on the single track between these two
points. which is afforded only by the
w. & A.. and at the same time complete
the Knoxville lire of the l.. y.