Legal Opinion · Dissent

Southern Railway Co. v. Melton

Supreme Court of Georgia

Decided September 25, 1909Published

/ 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.

Read the full summary

/ 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…

1DissentFish, C. J.

I fully appreciate the force of the maxim that an act of the legislature should not be declared unconstitutional unless the conflict between the act and the fundamental law be clear and palpable. I have, no doubt, however, as to the unconstitutionality of rule nine of the railroad commission of this State; as, to my mind, it is manifestly an attempt on the part of the commission to exercise a legislative power by virtue of the act of 1905, which the General Assembly could not lawfully delegate. Accordingly, under the mandate of the constitution (Civil Code, §5733) that the judiciary shall…

2Cases cited44 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Field v. ClarkSupreme Court of the United States · 1892
  3. Huntington v. AttrillSupreme Court of the United States · 1892
  4. Buttfield v. StranahanSupreme Court of the United States · 1904
  5. Union Bridge Co. v. United StatesSupreme Court of the United States · 1907

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API