173 Ga. 219 | Ga. | 1931
This case arose by virtue of a claim filed by the Georgia Power Company to certain property levied on under a special paving execution or special fi. fa. issued by the City of Decatur against the Georgia Bailway and Power Company. The execution was levied upon a substation located in the City of Decatur about one half mile from the street paved. The substation is operated for the purpose of reducing electrical energy from a high to a low voltage, which is finally reduced by transformers located in different parts of Decatur, and throughout the electric distribution system in the City of Decatur, to voltage suitable for use by light and power customers of the company and to voltage used in the operation of its street railway lines. ■ This case, that of City of Decatur v.
The record discloses that all of the questions raised in the pre- . vious record are again before us. Original attacks made upon the constitutionality of the amendment to the charter of the City of
The evidence fully and finally discloses the location, nature, and uses of the substation levied upon by the marshal of the City of Decatur by virtue of this special execution based upon paving assessment made by the city. The Georgia Power Company is a public-service corporation of this State, charged with the performance of specific duties and the rendition of public service to the people of this State, or such as patronize its instrumentalities. “Its integral and indispensable properties” used in the performance of such duties to the public can not be levied upon, and sold, certainly not without legislative authority, special or specific judgment or decree, and disconnected or cut away from its charter. In Bittick v. Georgia, Florida & Alabama Railway Co., 142 Ga. 159 (82 S. E. 541), a common-law execution was levied upon certain section-houses belonging to the railway company. An affidavit of illegality was filed by the company, one of the grounds being: “That said houses are necessary to the operation of said railway company, and said houses are situated upon the right of way of said railway company. . . That in the performance of” duties required of it by law “it.is essential and necessary that said company have the peaceful and uninterrupted use of its right of way and buildings. . . That the levy and sale . . would necessarily affect the operation of said railroad as a whole, , , That said right of
Dnder the practice prevailing in this State, it is not necessary that we now determine any of the other questions raised by the record. They are largely of a constitutional nature, and the law is: “A court will always abstain from passing upon the question of the constitutionality of an act of the legislature, if there be any other ground in the case upon which to rest its decision.” McGill v. Osborne, 131 Ga. 541 (62 S. E. 811).
Judgment' reversed.