The Dawson news. (Dawson, Ga.) 1889-current, 1921-11-15
THERE'S AGAIN TALK
OF EXTRA SESSION
IF SUPREME COURT HOLDS
RECENT w. & A. ACT UN-
CONSTITUTIONAL.
COURT DECISION is DELAYED
Much Speculation as to Outcome of
Rent Case. Growing Belief That
High Court Will Reverse Favor
able Decision of Lower Court.

ATLANTA, Cali the state SUI
lpreme court reverses the Fulton coun-
ty superior court in the matter of the
proposed negotiation for five years OF
| the rental on the Western and At
lantic railroad, and should hold that
act of the legislature to be illegal, will
Governor Hardwick be forced, in or
der to meet conditions, to call an extra
ordinary session OF the general assem-
bly,?
The question has been raised and
discussed, probably because OF the
fact that there has been considerable
more delay in reaching decision on
the case taken to the supreme court
than was anticipated would be the
case.
Indeed, there are officials who to-
day are beginning to express some
doubt that the act wall be sustained
by the supreme court, and the opi1-
ion is ventured that, though the SUI
preme court as individuals would prob
ably prefer deciding in a way to up
hold the legislature, which is always
the attitude of that court, it would not
be so unless there is legal ground
on which to support such decision.
In view of the investigation and in
quiry known to have been made rela-
tive to the early history of financial
transactions involving the state road,
and the fact that absolutely no pre-
cedent has been discovered which will
apply to the instant question, there has
been gathered the speculative belief
that the appellate courts decision IS
more likely to be unfavorable than 1t is
likely to be favorable.
The question of law and fact have
been carefully gone into.
If the court should decide that the
act of the legislature authorizing the
pledging of five years OF the rental
coming from that road to secure pay
ment of a prospective loan of equal
amount. less the interest, is not legal
Iact and cannot be carried out there
lis no source from which the state can,
without the aid of the legislature,
raise the money to make payment OF
certain OF its legal obligations:
Three quarters OF a million IS due
approved pensioners and payment long
past over. The legal borrowing power
of the governor, it used Tor no other
purpose, is far below the amount due
THE pensioners. Hence, there would be
absolute inability on the part OF the
state to make these payments until
after the regular session OF the legls-
Ilature next summer, except by absorb
ing from time to time, as it comes to
the treasury, funds already appropriat--
ed for other necessary purposes, and
even in that event further legal en-
tanglement would arise. 1t is provid-
ed that taxation shall be levied only
to meet the current year. Nor would
the revenues of the state meet that
current portion of it and the other
necessary state debts.
1t is believed, therefore, il the SUI
preme court does reverse the Fulton
court and declare the legislative au-
thority to pledge the w. and A. rent
money is illegal, there will be no safe
way in which the governor can well
obviate the calling OF an extraordinary
session. Then, too, in that event there
is the ever present speculation, when
such possible contingency is discuss
ed: what would an extra session De
called upon to work on?