Atlantic Coast Line Railroad v. State

69 S.E. 725, 135 Ga. 545, 1910 Ga. LEXIS 28
CourtSupreme Court of Georgia
DecidedDecember 16, 1910
StatusPublished
Cited by46 cases

This text of 69 S.E. 725 (Atlantic Coast Line Railroad v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atlantic Coast Line Railroad v. State, 69 S.E. 725, 135 Ga. 545, 1910 Ga. LEXIS 28 (Ga. 1910).

Opinion

Holden, J.

1. The act referred to in the questions propounded by the Court of Appeals, known as the “headlight law,” was duly deposited in the office of the secretary of State as an enrolled act of the General Assembly, after having been duly signed by the president of the Senate and the speaker of the House of Representatives, and approved by the Governor. The provision of the constitution referred to in the 1st question propounded is as follows: “No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and it shall, in every instance, so appear on the journal.” Civil Code, § 5777. An act with the status above named can not be attacked as being invalid, under the constitu[551]*551tional provision above quoted, by showing that the journal of the Senate affirmatively shows that it did not receive on its passage the vote of a majority of all of the members elected to that body. When an enrolled act is signed by the presiding officers of both houses, approved by the Governor, and deposited in the office of the secretary of State, it will be conclusively presumed that the measure was properly put to a vote in both houses, and that it received a constitutional majority; and the court will not upset the act because the journals of the houses happen to show that it did not receive a majority of the votes of either or both branches of the legislature. 36 Cyc. 971 (G. b). The presiding officer of each branch of the General Assembly, and the Governor, are sworn officers of the State, and it is to be presumed that an enrolled act would not have been signed by these officials and thereby authenticated as being a valid law unless the act on its pássage had received the number of votes which the constitution requires in order to enact it. It will be deemed more likely that the subordinate officers of the General Assembly, in the performance of clerical duties, should have made a mistake in recording on the journals the proceedings had by the respective legislative bodies, than that the sworn presiding officers of these bodies should have signed a duly enrolled act as having been lawfully enacted when it did not in fact receive the number of votes required by the constitution in order to insure its passage. In the case of DeLoach v. Newton, 134 Ga. 739 (68 S. E. 708), it was held: “If an enrolled act of the legislature was duly signed by the president of the Senate and the speaker of the House and approved by the Governor and deposited in the office of the secretary of State, it was not competent to attack its validity on the ground that the legislative journals showed that the bill originated in the House, was there passed by a constitutional majority, and transmitted to the Senate, where it was amended and passed by a constitutional majority, and then transmitted to the House, where the Senate amendment was concurred in, but failed to show that this was done by a constitutional majority.” See also Whitley v. State, 134 Ga. 758 (68 S. E. 716).

If an act is not invalid under the provisions of the constitution above quoted when the legislative journals fail to show that it received a constitutional majority, it would not be invalid when the journals affirmatively show that it did not receive such majority. If [552]*552it were permissive to look to the legislative journals to ascertain what occurred with respect to the passage of the act, after it had been duly enrolled, signed, approved, and deposited with the secretary of State as an existing law, an affirmative showing on the journal that a measure did not receive the requisite constitutional majority would be no more fatal to the validity of the act than a failure of the journal to show that it did receive- such majority, where the attack is based on a constitutional provision that no bill shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, “and it shall, in every instance, so appear on the journal.”

The 1st question propounded by the Court of Appeals must be answered in the affirmative. In answering this question, having ruled that an enrolled act duly signed by the presiding officers of both houses, approved by the Governor, and deposited with the secretary of State is conclusively presumed to be a valid law so far as its enactment is concerned, the special plea referred to in the 7th question was subject to be stricken on the general demurrer thereto, and the certified copy of the substitute referred to in the 7th question was not admissible in evidence “for the purpose of supplementing, varying, or explaining the entries in the journal of the Senate.” This ruling makes it unnecessary to determine whether or not the journal of the Senate shows that the act in question was, or was not, in fact passed in conformity to the above quoted provision of the constitution.

2. The full text of the title and the body of the act referred to in the questions propounded to us is as follows:

“An act to require all railway companies in the State to equip and maintain each and every locomotive used with sufficient electric headlight, to prescribe a punishment for the failure to so equip, and for other purposes.
“Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that all railroad, companies are hereby required to equip and maintain each and every locomotive used by such company to run on its main line after dark with a good and sufficient headlight which shall consume not less than three hundred watts at the arc, and with a reflector not less than twenty-three inches in diameter, and to keep the same in good condition. The word main line as used herein means all [553]*553portions of the railway line not used solely as yards, spurs, and sidetracks.
“ Sec. 2. Be it further enacted, that any railroad company violating this act in any respect shall be liable to indictment as for a misdemeanor in any county in which the locomotive not so equipped and maintained may run, and on conviction shall be punished by fine as prescribed in section 1039 of the Code of 1895.
“Sec. 3. Be it further enacted, that this act shall go into effect July 1, 1909.
“See. 4. Provided, this act shall npt apply to tramroads, mill-roads, and roads engaged principally in lumber or logging transportation in connection with mills.
“Sec. 5. Be it.further enacted, that all laws and parts of laws in conflict with this act be and the same are hereby repealed.”

The act requires “all railroad companies” to equip every locomotive used by “such company to run on its main line” after dark with a light of the kind named, and provides that “any railroad company” violating the act shall be liable to indictment and to be punished by fine as prescribed in the Penal Code, § 1039. Does the term “railroad company” include a natural persoh, so that the latter would be subject to indictment if such natural person owned and operated a railroad and failed to comply with the provisions of the act? In construing the term “railroad company,” we should look to all the provisions of the act and give proper consideration to the object intended to be accomplished by the act.

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Bluebook (online)
69 S.E. 725, 135 Ga. 545, 1910 Ga. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-v-state-ga-1910.