Newspaper Page Text
1
to Frobel, bnt it was to his intareet^hf'thi
nrt met yesterday morn-1 Georgia and Florida Railroad Com-
The Bimmone read his decision on , llre .5 y different company from
° £ the Georgia tb ° ‘W® Bontharn and Florida. It
’tbs 1D J 0 ? vinrida railroad vs. tho Cov- ^ rob ® 1 hadbcon PWMnt at the organiza-
(them and Florida Th0 full text tion ho conld not have voted under that
L, and Macon rai “ assignment. I have no donbt thr*
<i #lie ?“ 0 “ ( id that the decision settles I corporation w “ mentioned am
It wiU b ? “fit?points in the case; First, Ij e ba . d “f equity, but no legal uue. ant
t wo P" D “5tXithern and Florida rail- do «ot think he could have voted his equity
at the OowPji® organ ized corporation; Tb ® P“ rtios who organized
13 ? llit'thev do not possess ‘•themo- } lad .* be l ®8 a { i t > tl ® £ or thepurposeoforgan-
c01l3 ’» b ?.nre claimed by them,” namely, I „ al !°? and bud 0 r !8 ht If vote it unless
^ feature build a railroad to tho Frobol had secured another transfer from
e erdMi’o B 0 (j any other road Livings ton, or had compelled a reformation
® lJ ‘ '"^within twenty miles of their £ **» «>«*«• Tbk he can yet do if his
coming within iweu.j theory is true. If he were to bring any ac-
WJ- that the extension of the tlon b “®d on this transfer it would not be
119 4 S Tovimiton railroad is defective o°“P®tont evidence. If any recovery could
18111 want of advertisement is of less be bad n Pp“ 1 ak a " *1 could only be a bill
‘“’“Vh.crasethe deoision further holds. £o .3 1 e£or “ lh ? P a P®r. or in an action against
tS,rt . nroceed and by advertrsing L 'ving8ton for tho purchaso money. In
1111 “*f« obtain gnc h oharter extension, any event, to make any use of it against the
S ection! it will be noticed, is only I P®* 1 ! 0 . 9 , wb ? organized the company ho ... .—
iflovinuton and Macon railroad would have to show that they knew of tho Those great arteries of commerce traversed
r-j ; i rMD as8ing upon the lino of tho mistake.. These questions could not have the whole State. Charters by the hundreds
““k.^nthern and Florida railroad; not bee “ **$*1*4 at tba meeting to organize, tho had been granted by the Legislature in
“^KnildioB their extension southward. *®8 al "He alo ?° could have been recognized, every oonoeivable direction. Two or three
bv the Covington and Macon Livingston denies that Frobel paid him had been granted over the same section,
not, and never did, propose to epythimj £or b!s interest. If this be true, and same line,which is now in controversy.
* .v?iin« nf the Georgia Southern and Frobel is a mere volunteer and could not No charter has been shown now containing
f’jir.orvev When the answer of tho | “sert this interest against parties who have I this exclusive grant, since 1835. The tittle
•“i™ nod Macon was filed in the case, ln B ood £a ‘tb, without notice, expended bantling which in infancy needed the fos-
wl, *“°---J »b a i the tines crossed; but, money on the faith of the transfer, tering oare of the State had bocomo a giant,
the surveys after words, it was I “ 3 “Otpa transfer, it is contended by I and needed regulation instead of enoourage-
0 *V5.. the lines did not oross, and the counsel tor respondent that the fact that ment. Onr fundamental iaw« imu prohibi-
JJrjro “the officers of the Covington th ®, P a P®j n P° n which it was written had ted grants of exclusive privileges. It had
an( i the map of tho routes **“*, and places for other signatnres was become neeessary and proper to regulate
, Jsrtiai their tine did not cross the ®nm?ient to put Sparks on notice that the transportation by law, and to. dearly and
“®*v smithern and Florida's right of tranfer was delivered on condition that 1 distinctly define the rights, duties, and lia-
" C ' S k nreliminary tine had been rnn at Joness signature shonld be procured. This bilities of these corporations; and to refuse
ns to cross but this had been might be true it the transfer had mentioned I them such grants of power as would pro-
a new ’ line adopted some ‘ b ® o£ £ ® nr corporators and there had mote monopoly.
’
hariSa Southern and Florida railroad. signature; but the paper does not contain railroads was the deakred polioy of the
'uu* ii no injunction against the Macon —*7 but recites, "tha incorporators Stato. The very Legislature which granted
.a ftMinston building iu extension. It hereby transfer, eto., and has places and the charter of complainants passed a gener-
«,Vot at present cross the line of the a ® aU£or s ! x , t ? v ai ?°; 11 ® onld not have al
£.^4; tut, it it does not do this, it been expoctedthat these six spaoes were to til
ujproceed. even before the extension is b® for it,seems to have been known n(
been actually paid in as requirod by tho
chartor and amendment.
DfiE SIMMONS’S) DECISION
__ Second, oecause I find that a quorum of
the corporators (or their assigns! were nr«
BAILBOAD INJUNCTION ent. I hold that the stare of Livingston
IBB _ n YESTERDAY. was represented, because he had the asslgn-
■ SE3 RENDERED YKSICHaaax. Ueuts of Burke and Johnson to one third Sf
^ I the share from eaoh, and the preponder.
_— E MA CON WEEKLY TELEGRAPH; TUESDAY MORNING. FEBRUARY 1,1887.—'TWELVE PAGES.
C ovlo*»»“
„ 0D Krjolncd Until It aac0 ., ° £ , ®T‘, ! ! enc ® “bows that he also had
a ndM* COOJ J on -third of tho share of ilirris Mil i
„„ sa ! d . that h ® had Greedy assigned his inter-
i-araKtSfiaSiSSs
—i.nf Ricbt of Way. • It ie trno that he did make an assienmeni
interior of the Stato to the sea coast and to
return such merchandise and necessaries as
the people required. I havo heard my father
speak frequently of hauling bis produce
from near too Flint river, in Crawford
'■"Uiily. t i tin- i-ity i f A-yu-ta. I'mb r H;ls
ate to of facta the corporators of the 0 ntrai
railroad in 1833 applied to the Ii gla-
lature for a charter. Little, if s yt t og,
was then known of railroads by th Ii sis-
lature or the people. How little, ny ne
can see by reading tbe charter gra tod n
1833. The corporators doubtless ask d t is
privilege, because they were about oei-
gage in an infant enterprise, and one auuut
which they knew vory tittle. If they suc
ceeded, they did not wish to be deprived of
their profits for thirty-six years by a rival
road. The charter was granted. At tho
end of two years they had oot commenced
to build their road, and applied for an
amendment to their oharter. It was grant
ed, but the term for the exclusive right of
thirty-six years, formerly granted, was re
duced to twenty-five years, in the infanoy
of railroad construction it was the polioy of
the State to foster and encourage those en
terprises by liberal grants. In 1833 the
building of a railroad was an expensive ex
periment, and cspital, always cautious,
would not seek such investments; hence
great powers and immunities were offered
them to induce such investments. But
even then, the wisdom of tho Legisla
ture limited tbe monopoly to twenty-five
years.
In 1881 how different was, onr situation?
before tbe filing of the bill by the been only one space to be filled by Jones's I Encouragement of competition amongst
- ‘ ■ ’ *—’ > signature; but the paper does not contain railroads was tho declared polioy of the
railroad oharter act, which is extremely
liberal in providing for the construction of
„, ou __ . newlines. Itoontainedonly one impor-
IbUiaed by the thirty d&;s*s advertisement. £ at . ttre ® ° f incorporators, Johnson, tout limitation on accnring a charter, and
T1u» following is the decision in fulls Burke and Harris, had already made traos- that was prohibiting them from running
Tk.o«iririaSouthern and Florida Bail- £oto£ their interest. Even if it were true latteraliy within ten miles of any railroad
Jd (kSny ct alArs. tho Covington and th® 1 Sparks had that kind of notice, Tharp already constructed. In the light of tho
Lam Rclroad Company ct ab—The facta know o£ tbo organization and stood by and public history of the State, and the eitua-
visa S3 shown bv the pleadings and I tt,low ed the complainants to spend over tion and the condition of tho State in 1835
afskwiti make the fotibwing malnproposi- * 13 -2°°- and n * T « r protested against the and 1881,1 am forced to conclude that ths
. work nor gave a word of warning to them Legislaturo did not intend in the language
Wu the Georoia Southern nnd that he would seek to set aside their organi- used to oonfer on the Georgia Southern
Florid* Railroad Company organized under nor that he was dia.ati.fled. The and Florida Railroad Company the fconop-
teatimony shows that the persons who or- oly feature olaimed by them.
Seoond. His that company the exdnalvo “et in good faith and acted in good It ia argued with groat earnestness by the
debt under iu charter so as to prsvent an- £altb ln organizing the company, and used complainant’, counsel that their oharter is
HOT railroad from being constructed later- bu ,rana£ l r in KOod , £ait ^ ,* ad l , bol( J ‘ bat not ambtgnons. not doubtful, and may be
i t within twenty mile® of each aide of its “ e won,d b ® now ©stopped from interfering subjected to all the axioms as to strict con-
3 I against tbe organizition. 1 stractioo, etc., and it will bear the test
Third. Hu the Covington and Macon He is not remldiless, because, if his tbeo- J**' 1 - They claim that the word granted
Bailroad Company a oharter authorizing it ry is true, be can participate in the next being in the paat tense oonveya all the rights
o Uv out or constrnct a tine sonth of meeting in September. Perhaps, however, a “d immunities that the Central railroad
lUcon? ho may have to have hii transfer cancelled had at ito organization, whethor they have
The propositions will he passed upon in in * direct proceeding for that purpose. expired or not. While their arguments
us order named, because it there has been The same remark as to Tharp's laches or I wer ® hbl® and ingenious upon this point, I
Doorginiution of tho complalnant’a com- scquieaoence applies to Frobel as well. He I o\nuot bring my mind to that oondnnon.
panj, it has no standing in oonrt It is lived in Maoon. He knew, or shonld have I£ “y “ 00nd premke is true, that "charters
chined by the respondents that there has known, that complainant had organized 1 *f 6 to be expounded aa tho law was under-
uvet t«a inch organization, for tho tea-1 and waa at work within a few miles of the I w “en the ehartara were granted,
■on that the charter requires four of tho oity, and spending largo snms of money, then it cannot possibly bo true that this
Ooreot»tor», or their assigns, to be present, and he never opened his mouth by way of oharter granted the exclusive righ. claimed,
ladthat at their organization only two oor- warning or objection. This oharter waa granted in Iwl. When
ponton, or their legal asiigns, wero pres- It is farther argued that all the inoorpor- the Legislature examined this charter and
«nt;udthat they had no notico of tho ators ought to have had notice of tho meet- r *ad this aeotion granting the rights, privi-
nntindit whieh complainants claim to inR. and unless notice was given the organi- Joge* and immunities to the Central railroad
Inn organized. In answer to this com- --tion was void. This was, perhaps, the toe kw presumes that they road ths charter
phinutuva that the persons who organ- common law rule, though I question if it j tu° Central railroad to ascertain what
uedth*company had tho assignments of I geos as far as respondents oontend. Tho fjgbt*. eto., they were called on to grant to
in of the original corporators, and that charter does not require any notice to bo this company. They saw by the wading of
the* were present at themeeting. andthat given of the first meeting, nor does it i“-
vhottnr notiee was given or not the other pose a duty upon anyone to give a notice; »”• "g“t had expired in 1800, moro than
•orporaton, knowing that the company bnt saya that a majority (four) shall oonsti- twenty years before. They therefore .did
kaaorganized and was expending large tuto a quorum. That four can Belett “t hesitate to pass that section, becojuse
nnaot money, aro now eatoyped by their offloers. Onr code declares (seeiion 4 para- the exoluaive right had expired and was of
laohoo and acquiescence, and cannot oom-1 graph 6) that ths set ot & majority of the I 00 force.
Plata until their next annual meeting of the persons or officers appointed to do an act It was no part of the law, no part of the
—ipanj; and that the Covington and Ms-1 shall bo legal. charter of the Central railroad, and they
Railroad Company cannot set np any- I am inclined to think that the provkiona conld not therefore grant the Georgia
I5ing.whlch these oorporstore conld not. of Ihk oharter when taken into connection I Southern and Florida Bailroad Company a
Tho facta seem to be these: Tharp, Friee, with this asoticn ot ths code take this oase right whieh the Central then did not hhve,
Nu.fc.um.John.on,Burke,Harris and Jones out of the common law role. and had not had for more than twenty
wtt. male tbe corporators. Of them, Burk. I Even if this be not true, I hold that if years. As an evidenoe that this la true as
•ad Johnson had transferred their 'interest Hpsrks and hk assocktes bars noted in good to the examination made by the lj*gial«ture
to Lf.ing.ton, Greer and Frobel, one of faith in making the organization, believing we find that two of the great rights of the
them, Burke, saying that he thonght it was that they had legal transfers of a majority Central railroad whieh had not expired
forth, benefit of the Covington and Ma- of the incorporators, and have gone to work they refuted to give to this company, j to
cos Railroad Company. Nnrebanm Fries under the oharter spending a large amount wit: freedom from taxation and banking
•ad Tharp had transferred to Hoar’ka and of money, that tho parties who had no no- privileges. To return now to our axioms.
11 .... r tiooof tho organization, or who claimed The best that can be said for the pom-
that their interests were not legally trans- platnanta ia that the grant they claim, is at
ferred eould not now oomplain and aet least doubtful. Indeed it ocoura to mo that
aside the organization, nor can respondents thk donbt must foroe itself upon the mind
set np snoh irregularities. of every kwyer, who has not from his zeal for
Tho organi/. .turn was at least de facto at his client bronght himself to believe that it
the commencement and by the laobss and was not donbtf uL Then, it it it donbtfnl
acquiescence of those parties has beoome and it seeks to confer spepial privileges, the
dejure. The oom pan y waa therefore,in my doubt must be construed against tho grant
opinion, legally organized. and in favor of the people.
Thk brings mo to the nextjand most dif- For these reasons, and others which I
flcnlt question in the case, and that is: might give, I decide that ths oharter ot tbe
Does this Georgia Southern and Florida I Georgia Southern and Florida Bailroad
Railroad Company have the exolniive right Company does not confer this exolnalve
of twenty miles on each aide running kter- right.
ally withlta line? The complainant olaims The next question presented in the ice-
that their oharter gives them the right to ord for my decision is, has tbe Covington
build a railroad from Macon to Valdosta and Macon Bailroad Company a charter
and thence to the Florida tine, "and the allowing it to construct and build a rajlroad
same to ore, equip and enjoy all the rights, I south of Macon?
privileges and immunities granted to the The complainants assert that they have
Central railroad, except banking privilegn no charter, became they aay that ths com-
and exemption from taxation." pony never gave the thirty days' notice of
The respondents deny tbk and insist that the formation of arid company in each
no such rights are conferred by "W char-1 ne*«P a Per pubUahed in the several coun
ter After mature reflection opbn thk aub- ties through which the proposed road .hall
irecedent in the general act to be done,
refore a charter can he obtained. Tho act
as it now reads says in snbstanoo that any
number of persons may form a company,
and shall give at least thirty days’ notice of
the formation of the same, os required by
the constitution in reference to local laws,
and of their intention to apply for a char
ter, which notice of their intention to ap
ply shall be published in every county
through which said railroad is to bo con
structed—the places from and to which
tho road is to bo constructed,
etc. The set goes on to declare,
when all these conditions have been com
plied with and a certificate from the ordi
nary of each oonnty through which said
road is to be constructed that notice for
the application of said charter has been
duly advertised in said oonnty,
the Governor and Secretary of State
shall, npon a certificate, cto.,
and thereupon they shall become a corpora
tion. These are all conditions precedent,
and must be performed before the oharter
shall issue.
Now the queition is, in applying for a
charter for an extension of their tine, must
they oomply with the some conditions? It
is admitted that no notico of tho applica
tion waa given as rcqnired by tbe first sec
tion of the aot. This must be determined,
therefore, by oenstrning the tenth section
ot the oot whether they must oomply with
all the conditions in obtaining an extension
as they did ln seoming tho original oharter.
It says, in substance that any railroad oom-
pany hereafter organized under the laws of
this State may, under the provisions of
this aot, extend its road, oto. But, before
making any sueh extension—shall by reso
lution ot its board of directors—designate
the rente of sueh proposed extension in tho
manner hereinbefore described and file
certified oopy, eto.
Tbe only reotlon in the aot as to the man.
ner of obtaining ths oharter i. the first.
The only one giving power to extend is the
tenth. That »y« they must designate tho
route in the manner hereinbefore desoribed.
What waa the manner of designating tho
route prescribed? It was a publication iu
ovory county through which they expected
to ran their line, and presenting ths eertifi-
oate of the ordinary to that effect. It is ar
gued that that would be useless, and the
Legiskture would not require them to do a
useless thing. That they had alroody pub
lished their notices, eto., from Macon to
Oovington and had obtained their oharter.
I do not think these positions sound in law,
and hold that a company having received a
charter under the general kw most comply
with the same conditions if they desire a
oharter for an extension of their lino.
be dissolved and set aside, exoept in so far
as said Covington and Maoon Bailroad
Company was restrained from entering or
trtsspiiH-ing upon or rr. using tbo line laid
out, surveyed and adopted by tbe Georgia
Southern nnd Florida Railroad Company,
and npon the rights of way of said last
immed o impmiy, and that said Covington
and Macoa Railroad Company nnd tlieir
officers nud agents set forth in said bill and
all the other officers, agents and employes
bo restrained from so entering or
tresspassing npon or crossing the tine kid
out, surveyed and adopted by the Georgia
Southern and Florida Railroad Company,
nnd tbe rights of way of said company, and
from any manner interfering with said line.
It is further ordered that the restraining or
der granted npon tho answer nnd oross-bill
of the Covington and Macon Railroad Com-
Dany against the Georgk* Southern and
Florida Railroad Company be dissolved and
set aside, and that the injanotion therein
applied for be refused.
T. J. Simmons, J. 8. 0.
ALIVE IN HKR COFFIN.
A Great Strike la llelgtam.
Beusszis, January 20.—Tbe strike agita
tion at Charleroi continues. Five tbousnnd
men are out of work. Daily meetings nro
held. Speakers are demanding arbitration
or reconciliation. Liberal donations woro
being reoeived for the strikers.
A llabj’a Timely Notice to TTer Parents tiant
Hie wo Not lteady to be llorled.
Louifivm.it, January 23 On Wednesday
night last tbe younger ohild of William
Speiinfogel, a stone mason living iu this
city, waa taken sick with convulsions, and
onThnrstky night to all appearances she
died. She was not quite u year old. A
neighbor asfiisled tho mother in preparing
tho body for burial while tbe father went to
the nearest undertaker's and bought a coffin.
Yesterday they started in a back for tbe St.
Louis Cemetery, and when nearly there a
peculiar noise, which w»h at first thought to
be the creaking of the carriage wheels, was
noticed.
A moment later it was discovered that
that tho noise came from the little coffin.
The father tearing off the lid, found ths
baby nlive. She was carried back to their
home in her father's arms, and now lies
M i-mingly dead with tin- i'ii'"ptioii of an oc
casional moan. Sovcral physicians visited
the house last night, bnt made no effort to
explain tho ooDdition of tho child while ifc
was being prepared for burial. None be-
liovo that it will live, but all unito in Baying
that the caso is a very peculiar one.
General Horaoo l'..rt-r wd tim oilier
night that no description of a woman conld
be happier and jnster than that famous one:
“Corporeal enough to attest her humanity,
yot so transparent that the Divine light
shines through."
Gov. Ames, tho millionaire exeoutive of
Massachusetts, recently employed an artist
to paint his portrait. Mr. Ames held a
newspaper iu his hands during the sittings
and tho painter has faithfully reproduced
part of an adv. rliaim,.nt which appoired
therein. Tho wealthy Governor’s thumb
points conspicuously to the words "silver
plated."
First, because the eat, in my opinion, re
quires it
Second, because publio policy reqnires
that the people, over whose lands these cor
porations ran and to whom snoh large pow
ers are giveD, ahonld at least be given notioe
of the faet that their lands will be con
demned, their fields destroyed, and perhapB
their very dwellings torn down.
I do not think that the company has com
Jju aaaociatea who organized tho company,
iaaip now claims that be signed the trans-
wares ths condition that Jones sko
“oalu aign. Jones refmed to transfer,
u-A. Harris it is olaimed by respondents
“•aajerred bis Interest to Livingston, Greer
JMrrokeb Subsequently, Greer claiming
«“*’•» one-third interest ln the shares of
joiu, Johnson and Harris, transferred to
opMks and hla associates, whieh they claim
one share. Thk being true, it oavo
®pa™ and others fonr shares, including
““pa, of whloh I will apeak presently,
iwo liaiao a controversy about Living-
E* , „ ,bar *- I* 1* claimed by respondents
““•lithe transfers made to Livingston
( of their benefit, and further, that
Purchased them from him for value,
atuUirt, as I remarked before, he- had tho
“firs .hare of Harm.
booplainants insist that Sparks and as-
•JciaWi also held a transfer from Living-
K?; B °t Jiljr of the share* of Bnrko and
^“.bnt also of that of Harris. And
SjJJry* that the transfer ot Livingston to
waa n °t of hk interest in the Geor-
VaBoathere and Florida Railroad Com-
b®tin the Sonth Georgia and Florida
• co “P“y chartered by
Legislature and now in existence.
'ejP'N that while the trans-
Rjil ” ,t® the Sonth Georgk and Florida
“Wroad Company by Livingston, it
tensed to transfer his intunut
jeoL ami after reading tb« authorities cited ran j the places from aod to which the
by counsel and others not oiled, I have -a to be wnstructad *nd maintained
oj tuuuau .... ,vi 1 -I—*.. Comnkioanta ako insist that ths “General
come rotho conclusion that thk charter CompUloanta ako insist Uut ths “general
came iu ! ■■ ' railroad law, under which the respondents
granted complainants does not eonvey tbe «■ «>*»*»*. unaer wnictt the respondents
Xlnlt hv them. The rales olidm their charter, is nnconstitational and
of'oonstrncUrg^jhartanb wZ e^Siv. {he charter void.’ That the respondent,
mlrtlroreriffhts etc., ire granted, have I b aTio ? obtained a charter from the Legiels-
o 018 interest to too
Southern and Florida Railroad
wEtv T i “ d r. ‘ hat “ Erobil
coni*, a a .. rroDti an
uakJ'-, A i,t°. H “ ,i *' a interest the evidence
daraJ^i 01 .^ Harris in hi. firstaffl-
iba.. 11 ? that he transferred to Livingston
that h» 5 * euberquent affidavit he asyi
UrtnoLHili tbs transfer sent him by
’‘tboit alteration. Greer Bays
•ret to "* ■ . °8*tp n oopy the transfer
by llukl^s 5 r ? m tbe one already signed
jjTtattke rad Johnson, which wastoLlv-
a *«*ra n th«iif T . tnd . b’^beL Liviogaton
toSTtW lh ' , i? ni£ ® raan tto Harris was
signed without al-
Or miakiJ to,.— un B‘ nal naa neen lost
via ail Jr2i T^P'V 1 ™ that the transfer
•ign, wid*. O ja^ 0n jij 0n that Jones would
(er jg void?* " on ®* d d not do so his trans-
*lct betwM? *° bfVibeen the negotl-
g^U^JweenHparka and Tharp, and that he
Tharn's anch condition.
£ * *» not dan 8bi«r corroborate him.
tb* trinita. th* 1 tbe parties who took
b® 0 . if iL,. an y notice of this condi-
Flonda B ^
tb* tbe organization of
®**ib«d £j T 5 born* fide sub-
wet of that amount ha. 1
SttSKt't?,£££?12,"8; BESSCSTSgg
be surrendered to . eerporetiod.'' -rhe, > b ‘ a intaR‘bHr chprtsr fortheir ex-
UntiniT'.'Ta^ u . ll . wu , '8 nod without al- aituatton .
or i- 1 ! 11 ‘be original has bean loat order to expound its legislative intentions.
be surrendered to a corporation
taka nothing by implication. “Donbt is
death." Tness and othtr expressions of
like Chirac ter baTe become axiom* in all the
courts of this country and England.
There are two other principles equally aa
true, though not so often used aa the above.
Tbtyare: Firit, that the history and
tnation of a Stato may bo resorted to, in
9th Ga. 627. And,
Second, that charters are to be expounded,
as the law was understood when the char
ters were granted. °th Ga. 6-7. In^1 .■ ,
when the charter to the Central railroad was
granted, the condition of the State was alto
gether different from what it was In 1831
when complainants’ charter was granted.
In 1833 tho country was comparatively a
wilderness. There were no means of com-
munication from one city to another butby
wagons and stage coache
which wero almost imp
that we had a few navigable rivers,
were utilized to some extant by flat
tension. That it was not necessary to pub
lish a notice for thirty days, because tbe
law docs not require it, and say generally
they have followed tbo law in all partienkrs
in obtaining tbeir charter. That the gen
eral law is constitutional and that whether
incorporated or not they have obtained the
right of way from Macon to Valdosta, and
have a right to build a road on their own
knd.
The two main questions presented npon
this branch of tho easo are, first, Was it
necessary for tho Covington and Macon
Railroad Company to giv« notice as required
by the amendatory act of 1SS2 and Il-j3 to
obtain iu extension in the same manner as
required in obtaining an original charter?
The second question is tho general railroad
act constitutions]?
The rule of kw in regard to the forms'
ver the roads ! tion of corporation^ under the general kw | If I
Lie. Ills true is that all the conditions precedent innst b
which complied wit'
boats ' havo been cu
tirtly La no legal.
1 tho f Applying tin
died with one other condition in the sot.
Jnder it they must state from and to which
places they will ran. In their application
they say from Maoon to tome point on the
Savannah, Florida and Western railroad,
and thence to the Fio.Ua tine. The coun
ties embraced in the), application com
mences to widen from Bibb and keeps on
until it reaches the western boundary of
Thomas and the eastern boundary of Charl
ton, a distance of abont 140 or 150 miles.
The Legislature evidently meant that they
most at least approximate a place or plaoee,
and that they shonld not Lave sueh a wide
margin over whiohtoroam. I know that
sometimes the Legislature itself grants two
or three rentes, bnt they always require the
terminal to be named.
It ia olaimed that the Maoon snd Coving
ton Bailroad Company had obtained
charter nnder the general law to Oovingtoi
snd afterwards applied for and obtained
one from the Legislature, ratifying this
charter, and that by so doing they have be
come a legislative corportion, and cannot
therefore extend its oharter under tbs general
kw in acoordanoe with the opinion of tho
Snpreme Court in the oase of the city ot
Augusta et al. vs. the Fort Royil Railroad
Company et al Respondents claim thatthelr
chatter granted by the Leglakture was for
the purpose of ratifying their charter already
obtained and not for the purpose ot grant
ing them a new oharter. I am inolined to
think that their view Is oorreot, and that
they still sot nnder the original charter rati
fied by the Lcgisktnre.
Whether thk k true or not, it does not
effect my judgment upon this point. If it
is a legislative oharter, the aet confers by
its terms all the rights, powers and privi
leges whieh they already enjoyed under the
general kw, inoiuding ths right to sx-
und nnder tbe terms of the general
kw. If it U simply an sot ratifying
the charter previously obtained nnder
tho general kw, the right to extend its line
already exUted, and was not affected by the
legislative act In either view ot; tho case,
the Oovington and Macon Bailroad Compa
ny havatna right to extend their Una* by
complying with the oonditions precedent,
therein contained. The question is ako
mad* that the aot known as th* gsnsral
railroad Uw k nnconstitational. It k
claimed to ba’io npon th* ground.
First, that ths oonstitntion reserved to
the Legkktnre alone the power to grant
charter* to railroad corporations, and that
neither that power nor ths power of emi
nent domain conld be delegated to any one
else, but reserved to the Legislators ex
clusively. I do not think these propositions
are sound. The Legkktnre has not dele
gated Us powsr to anyone to grant a oharter
to a railroad company. It has simply passed
the railroad charter, and says to the people,
any three or more of yon can organize your
selves into a railroad corporation when yon
have secured the certificate of the Govern
or and Secretary of State that yon have
complied with in* ouuuiiicsi of this gene-
law. It seems elaar therefore tbe set k
constitutional, U it were even doubtful ths
nnivensl rale of Uw k, that courts will re
solve the donbt in favor of the constitution
ality. It teems unnecessary for me to dis
ease this qaestion farther. I think tbk
disposes of all the questions made in the
reoord. I have not had an opportunity
nnder ths pressure ot other official dotie*
to bestow that care npon the preparation
of the opinion that the importance of these
great questions demand. I have endeavor
ed to show by reason and authority.
First, That ths Georgia Southern snd
Florida Railroad Company was legally or
ganized.
Second, That said company had no
elusive right as claimed by them.
Third, That tbe Uovington and Macon
Railroad Company had no charter to build
and eocatract a railroad sonth of Macon.
Fonrth, That the act of 1881, known as
“the general railroad law," k constitutional
so far aa it relates to railroads which have
been or may be chartered nnder that act.
If I am at error on tbe«e questions it is
not the fanlt of tbe able and distinguished
counsel who argued these questions before
me. In my long experience on tbe bench
I have never heard a case ic>re thoroughly
and ably argued by o. .i.s* I ■ I Hb
c jrr-rct in my views it aec-s-arily
that tbecompiaiuanU are entitled to
r. ti m i/ lit it the re-; n L-uti
' toju
OUR BREAD IN DANGER.
.The Alarming Increase in Baking
Powder Adulterations.
Among recent important discoveries by tho food analysts ■■
is that by Prof. Mott, U. S. Government Chemist, of larg®
amounts of limo and alum in tho cheap bating powders. It
is a startling faet that of over ono hundred different brands
of baking powder so far analyzed, comprising all thoso sold in
this vicinity, not ono, with tho singlo exception of Koyal
Baking Powder was found freo from both limo and alum.
Alum is used as a substitute for cream of tartar to produce -
n cheap baking powder. It costs less than two cents a pound,
whereas pure cream of tartar costs forty. Its effect upon the
system has been ascertained to be poisonous, and overdoses
havo been attended with fatal results. Limo i3 tho most
useless adulterant yet found in baking powders. It i3 true that
when subjected to heat it gives off a certain amount of car-
bonio acid gas, but a quicklime is left, ono of tho most powerful
caustics known.
Tho effect of limo upon tho delicato membranes of the
stomach, intestines and kidneys, moro particularly of infanta
and children, and especially when taken into tho system day
after day, and with almost every meal, is ■pernicious in tho ex
treme. It is said by physicians to bo ono of tho chief causes
of indigestion, dyspepsia, and diseases of tho kidneys. Chemists
have found 12 per cent., or one-eighth of tho weight, of some
of tho baking powders prominently°sold in this vicinity, to be
limo. Tho wickedness of this adulteration is apparent.
Tho absolute purity and wholesomcness of tho Royal
Baking Powder—now affirmed by every chemist and food
analyst of prominence, and conceded by all manufacturers of
other brands—arises from tho cxclusivo uso of cream of tartar
which is specially refined by patent processes that totally removo
the limo and all other impurities. Theso facilities aro possessed
by no other manufacturer.
Dr. W. G. Tucker, Professor of Chemistry in tho Albany,
N. Y., Medical College, whose analytical work in connection with
investigations of tho food adulterations in tho Stato of New
York ho3 been extensivo and thorough, says of tho Royal
Baking Powder:
“ Tho cream of tartar employed in its manufacture is free
from tho limo which is a constituent of tho improperly refined
cream of tartar of tho market used by manufacturers of other
baking powders, and of most of tho substitutes therefor which
enter into tho composition of many powders, and in this im
portant respect, os well os in its general purity and wholesomo-
ncss, tho Royal Baking Powdor is superior to any other
powder which I havo examined. Tho constituents aro so pro
portioned as to secure tho best results and yield a baking
powder unequalled for purity, strength and wholesomenes3.”
WILLIS G. TUCKER, M. D., PilD.,
Profcuor of InorsanioanZ ChtrStiry. jiSfany Colltg*.
* GUIDE TO THE SUCCESSFUL CULTURE OF THE MARKET AND FAMILY CARDEN.
1‘rofutlpillustrated. 373 pa-jn. 1‘rlt.-, f.'.oo.
Th* ImnwaM and anpt«Md«it*l mIs of lb. aaritar ntlllnu ot - OwdnUns for Profit* lt.'.'aotM
th.«.UlMUof ltavalu.ua thoroughly practical sock. Th. NKW BOOK, juat tuned,coouiu. thi
but of tho form.r work, with large addition, drawn from tba author 1 , added yaara of eiperienca.
OUR NEW CATALOGUE OF SEEDS AND PLANTS ('•»; -H. r.plrt.
«ttb ‘*****‘”1*1*^ni ATsrifri •- 1 taSSu
colored MaUa. Mai: I on n - -Ip, of 10 rent*(In aurni »). wrhi. h may be dotlnctad tram lirvt
amt FllEE to all parehaura ot the Sew •• cl ABCZSIXi
ISO Foil PROFIT, ** ode ml above.
PETER HENDERSON & CO. 35 *£&$!£ Sl
YYliat Mr. Boyer says:.