Walker v. Georgia Ry. & Power Co.

• Decision Date: 10 April 1917
• Docket Number: 330.
• Citation: 92 S.E. 57,146 Ga. 655
• Parties: WALKER, ATTY. GEN., v. GEORGIA RY. & POWER CO.
• Court: Georgia Supreme Court

92 S.E. 57

146 Ga. 655

WALKER, ATTY. GEN., v. GEORGIA RY. & POWER CO.

No. 330.

Supreme Court of Georgia

April 10, 1917

Error from Superior Court, Fulton County; W. D. Ellis, Judge.

Proceeding by Clifford Walker, Attorney General, on the relation of F T. Mason and others, against the Georgia Railway & Power Company. Judgment for the defendant, and the relator brings error. Affirmed.

Little Powell, Smith & Goldstein, of Atlanta, for plaintiff in error.

Colquitt & Conyers, of Atlanta, for defendant in error.

FISH C.J.

The Constitution of this state (Civil Code, § 6528) declares:

"There shall be an Attorney General of this state, who shall be elected by the people at the same time, for the same term, and in the same manner as the Governor." The next paragraph (Civil Code, § 6529) prescribes the duties of the Attorney General in the following statements:

"It shall be the duty of the Attorney General to act as the legal adviser of the executive department, to represent the state in the Supreme Court in all capital felonies, and in all civil and criminal cases in any court when required by the Governor, and to perform such other services as shall be required of him by law."

The only other services, the performance of which by the Attorney General is required by law, are designated in Civil Code, § 254 et seq., and are enumerated in the following language:

"It is the duty of the Attorney General when required so to do by the Governor--

1. To give his opinion in writing, or otherwise, on any question of law connected with the * * * state, or with the duties of any of the departments.

2. To prepare all contracts and writings in relation to any matter in which the state is interested.

3. To attend, on the part of the state, to all criminal causes in any of the circuits, when the solicitor general thereof is prosecuted, and to all other civil or criminal causes to which the state is a party."

Paragraph 4 of this section is in the language of the Constitution. Civil Code, § 6529.

"When the services of such Attorney General shall be needed in either of the judicial circuits, the presiding judge thereof shall notify the Governor twenty days before the time, place, and cause, and the Governor may (in his discretion) order the Attorney General to comply, unless the law in the case presented makes it his imperative duty to do so." Civil Code, § 255.

"It is in the discretion of the comptroller general to require the Attorney General, when the services of a solicitor general are necessary in collecting or securing any claim of the state, * * * either to command the services of said Attorney General in any and all of such cases, or of the solicitors general in their respective circuits." Civil Code, § 256.

"The Governor is authorized to require the Attorney General to perform, without compensation, all duties performed by the attorney for the Western & Atlantic Railroad." Civil Code, § 257.

"The duties devolved upon the special agent of the Western & Atlantic Railroad by an act approved December 20th 1892, and all similar duties concerning said railroad, shall be

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