Georgia Railway & Electric Co. v. Decatur, 297 U.S. 620 (1936)

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Georgia Railway & Electric Co. v. Decatur

No. 625

Argued March 9, 1936
Decided March 30, 1936
297 U.S. 620

APPEAL FROM THE SUPREME COURT OF GEORGIA

Syllabus

1. This Court reversed the judgment of a state court at a former hearing, upon the ground that a statute of the State, as apparently construed by that court, deprived the complaining party of property without due process of law, and by its mandate remanded the cause to the state court for further proceedings not inconsistent with this Court’s opinion. Held, that the state court was not inhibited by the mandate from restating its construction of the statute so as to avoid the constitutional objection, and from enforcing the statute as thus explained. P. 628.

2. A State may assess paving costs without regard to benefits, against street railroads occupying the streets paved, while others are assessed only on the basis of benefits. P. 624.

3. Constitutional objections must be properly presented to the state court as a basis for their review in this Court. P. 625.

181 Ga. 187, 182 S.E. 32, affirmed.

Appeal from a decree sustaining a special paving assessment against a street railway company. The case was here on a former appeal, 295 U.S. 165.