The Atlanta Journal,
Saturday, 8th November 1913,
PAGE 1, COLUMN 6.
Right of Eminent Domain At-
Tacked in Suit Filed by
Mrs. S. C. Loeb
A suit, which, if sustained, my prevent
the Georgia Railway and Power company exercising the right of eminent domain,
and so prevent it carrying electrical power through tower lines from Tallulah
Falls and other sites to cities which will consume the power, was filed in
superior court Saturday by Attorney H. A. Alexander.
The plaintiff in the case is Mrs. S. C.
Loeb, and on her petition, Judge John T. Pendleton, of superior court, issued a
temporary order restraining the power company from condemning a right of way
through certain property in Rome, Ga., for the power lines.
In the suit it is alleged the giant power
merger, because of the manner in which it was organized, is not entitled to the
right to condemn property, which it claims, and has utilized in many instances.
It is charged the power company has failed to comply with certain state laws,
by which public utilities, which have the right of eminent domain, are
governed.
OTHER OBJECTIONS.
In addition, it is alleged the power
company has failed to obtain proper certificates from the secretary of state
relative to its stock transactions.
Judge Pendleton has ordered the
corporation to show cause on November 15 why the injunction should not be made
permanent.