Georgia Railroad v. Smith
Supreme Court of Georgia
Railroads. Constitutional Law. Officers. Charters. Corporations. Before Judge Simmons. Fulton County. At Chambers. May 26, 1882. Reported in the decision.
1Opinion of the Court
Craweord, Justice.
The Georgia Railroad and Banking Company, denying the power of the railroad commission of the state of’ Georgia to regulate freight and passenger tariffs over its road, has filed this bill that the right of the said commission to exercise this power may be judicially determined. This power is denied:
(1.) Because, bjr article 4, section 2, par. 1, of the constitution of Georgia, the duty is imposed on the general assembly to regulate freight and passenger tariffs.
(2.) Because the act of October 14, 1879, is unconstitutional and void, as being an attempt to delegate…
2Cases cited5 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- Minis v. United StatesSupreme Court of the United States · 1841
- People v. HarperIllinois Supreme Court · 1878
- West End & Atlanta Street Railroad v. Atlanta Street RailroadSupreme Court of Georgia · 1873
3Cited by69 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Williamson v. Housing AuthoritySupreme Court of Georgia · 1938
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
- In Re Brewster Street Housing SiteMichigan Supreme Court · 1939
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