City Council v. Augusta & Aiken Railway Co.
Supreme Court of Georgia
Injunction. Before Judge Hammond. Kichmond superior court. June 19, 1907. The Augusta & Aiken Kailway Company, a South Carolina corporation, is an interurban railroad company, and operates an electric railroad from Aiken, South Carolina, to Augusta, Georgia. In April, 1903, it entered into a contract with the Augusta Kailwav Company, a street railway, for the use of the 1-atter’s tracks in the City of Augusta, subject to the approval of the City Council of Augusta.
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Injunction. Before Judge Hammond. Kichmond superior court. June 19, 1907. The Augusta & Aiken Kailway Company, a South Carolina corporation, is an interurban railroad company, and operates an electric railroad from Aiken, South Carolina, to Augusta, Georgia. In April, 1903, it entered into a contract with the Augusta Kailwav Company, a street railway, for the use of the 1-atter’s tracks in the City of Augusta, subject to the approval of the City Council of Augusta. On October 6, 1903, the City Council of Augusta passed an ordinance granting permission to the Augusta & Aiken Kailway Company to…
1Opinion of the CourtEvans, P. J.
(After stating the facts.) The first contention advanced by the defendant in error as a reason why it is not liable for the tax which the City of Augusta is asserting its right to collect is, that, inasmuch as it is a railroad company engaged exclusively as a common carrier of interstate freight and passengers, it is within the protection of the commerce clause of the constitution of the United States, which reserves to Congress the exclusive power to regulate commerce among the several States. A long line of decisions of the Supreme Court of the United States, beginning with the case of…
2Cases cited11 opinions
- Brown v. MarylandSupreme Court of the United States · 1827
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Telegraph Co. v. TexasSupreme Court of the United States · 1882
- Norfolk & Western Railroad v. PennsylvaniaSupreme Court of the United States · 1890
- Western Union Telegraph Co. v. Borough of New HopeSupreme Court of the United States · 1903
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