Legal Opinion

Southern Railway Co. v. Melton

Supreme Court of Georgia

Decided September 25, 1909PublishedCited by 63 opinions

/ Constitutional questions; from Court of Appeals. J The Court of Appeals certified to the Supreme Court the following questions: “1. Is rule nine of the Railroad Commission of Georgia, as follows: ‘Railroad companies are required to furnish cars promptly on request therefor.

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/ Constitutional questions; from Court of Appeals. J The Court of Appeals certified to the Supreme Court the following questions: “1. Is rule nine of the Railroad Commission of Georgia, as follows: ‘Railroad companies are required to furnish cars promptly on request therefor. When a shipper files with a railroad company written application for a car or cars, stating therein the character of the freight to be shipped, and its destination, such railroad company shall furnish same within four days (Sundays and legal holidays excepted) from seven o’clock a. m. of the day following the receipt of…

1Opinion of the CourtLumpkin, J.

Much litigation has arisen in regard to railroad commissions. At first railroad companies contested the constitutionality of acts creating these commissions and conferring upon *281them the power to fix reasonable rates and to make reasonable rules and regulations. The most common ground of attack was that this was a delegation of legislative power. It is now firmly established by the decisions of the courts of this country, both State and Federal, that such powers can be conferred without constituting an unconstitutional delegation of legislative power. See 8 Cyc. 834, and citations. In this…

2Cases cited62 opinions

  1. Field v. ClarkSupreme Court of the United States · 1892
  2. Huntington v. AttrillSupreme Court of the United States · 1892
  3. Wayman v. SouthardSupreme Court of the United States · 1825
  4. The ConquerorSupreme Court of the United States · 1897
  5. Buttfield v. StranahanSupreme Court of the United States · 1904

57 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. Williamson v. Housing AuthoritySupreme Court of Georgia · 1938
  2. Sheffield v. State School Bldg. AuthoritySupreme Court of Georgia · 1952
  3. Smith v. BaptisteSupreme Court of Georgia · 2010
  4. Glustrom v. StateSupreme Court of Georgia · 1950
  5. Georgia Public Service Commission v. Atlanta Gas Light Co.Supreme Court of Georgia · 1949

58 more not listed; retrieve them via the Exa API.

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