Saturday, 8th November 1913: Court Asked To Enjoin Georgia Power Company, The Atlanta Journal

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.