Pierce Butler

“ There is nothing in the ordinance or contract to indicate a purpose to terminate the obligation of the carrier in respect of the five-cent fare while it continues to operate the line as part of its system under its present franchise (Fort Smith Traction Co. v. Bourland, 267 U.S. 330, 45 S.C.t. 249, 69 L. Ed. 631) , and the contract will continue to bind petitioner during the period intended by the parties unless earlier altered by them or relaxed by state authority (Georgia Ry. Co. v. Decatur, 262 U.S. 432, 438, 43 S.C.t. 613, 67 L. Ed. 1065) . ”

“ By an Act of the Georgia Legislature passed August 16, 1889 (Acts 1888-89, p. 211) the Collins Park & Belt Railroad Company was incorporated and empowered to construct and operate street railways in Atlanta, in other parts of Fulton county, and in De Kalb and other counties. Subsequently its name was changed to the Atlanta Rapid Transit Company. ”

“ The cost of the transportation covered by the contract fare, exclusive of any compensation for the use of prop erty employed to furnish the service, exceeds the revenue derived therefrom, and is substantially higher per passenger than the cost of service covered by the fares fixed by the commission. An ordinance of the city of Decatur passed May 15, 1925, directed paving of the streets occupied by the line in question and the assessment of a substantial portion of the cost against the lessee. ”