The twenty-first annual report of the Railroad Commission of Georgia, 1892-1893

THE LIBRARY OF THE UNIVERSITY OF GEORGIA
Gift of
Georgia ailroad Commission

The TwentyFirst Annual Report
OF
The Railroad Commission
fpEOEGIA
From October 15th 1892 to October 15th 1893
Submitted to the Governor October 15th 1893
Atlanta Ga
GEO W HARRISON STATE PRINTER Franklin Printing and Publishing Co 1893
L N TRAMMELL Chairman
VIRGIL POWERS V Commissioners
ALLEN FORT j
A C BRISCOE Secretary
REPORT
Office of Railroad Commission of Georgia
Atlanta Ga October 15 1893
To His Excellency W J Northen Governor of Georgia
Sire have the honor to submit herewith the annual report of the Railroad Commission of Georgia for the year ending October 15 1893
The various circulars issued from time to time by the Commission since the last annual report are appended hereto and referred to as a part of this report
The great financial depression all over the country that has affected every branch of trade has been severely felt by the railroad companies of Georgia These great arteries of commerce are the first to feel the bad effects of hard times They are a safe barometer of the business of the country I 1 When the people prosper the railroads prosper when the people suffer the blighting effects of adversity the railroads likewise suffer We will notJ undertake to discuss all the general causes of the financial depression throughout the land but they are not to be overlooked in considering1 the railroad situation in Georgia How far the action of this Commission has affected the railroads financially or whether it has materially affected them at all is important to be considered The five years of prosperous times preceding 1891 stimulated railway construction to an abnormal extent in this State During that period there were built in the State of Georgia about 800 miles of railroad New and independent lines were constructed old lines extended and many new lines projected and partially built suffering collapse from the stringency in money matters The railroad mileage has increased faster than the population and tonnage This has stimulated competition and consequently reduced the rates as well as the revenues of the roads To meet competition improved equipments and service were required The railroad companies have been compelled to expend in the past two or three years large sums of money in improving the roadbeds
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by replacing old and light iron with heavier steel rails by substituting iron for wooden bridges To carry the heavy tonnage at the lowest cost has required the purchase of much larger engines and cars so that the capacity of trains of cars for today is several times greater than it was a few years since Necessarily considerable outlays of money were required to make these changes And while ultimately it will be found that these investments really promote economy the purchase of these equipments and the making of these improvements have increased the indebtedness of the roads contributing largely to their embarrassment in the present distressing condition of finance In prosperous times this indebtedness could be easily carried and ultimately liquidated to the advantage of the country but when money becomes scarce and confidence is lost these additional liabilities are apt to involve the roads in bankruptcy It must be conceded that many of the new lines were built for speculative purposeswere extravagantly built and it could not be reasonably expected that these roads would pay a dividend to their stockholders and the interest on the bonds by which they were generally built It became a familiar practice to procure a charter for a railroad organize a company solicit private subscription procure valuable concessions and then build a few miles of track A construction company was then formed composed generally of the promoters of the railroad representing much less capital than the legitimate stock of the railroad company This company would undertake to build a railroad and accept its bonds subscriptions and concessions in payment The bonds were sold or hypothecated for considerably more money than the cost of construction and the profit of the builders was generally the difference between the cost of construction and the value of the bonds and subscriptions the subscribers generally receiving worthless stock When it became practicable thus to build a railroad without first having regard to the merits of the enterprise it will be seen that railway construction practically resulted in a bond speculation If the rperits of the enterprise alone had commended it to the public and it had been capitalized in accordance with the cost and value it is possible that we would not have felt so severely the evil effects of overconstruction Still the people of Georgia are enterprising thoroughgoing and publicspirited proud of their great State and anxious for its upbuilding and but for the financial crisis that has brought distress and suffering into every business and almost into every household the most of these enterprises in all proba
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bility would have survived Some really meritorious enterprises that were not completed have failed largely because of this fact They complain of insufficient revenue when no one could have reasonably anticipated that an uncompleted line would yield a revenue on roads constructed in the manner above indicated Where the enterprises are really meritorious they will still pay fair returns upon a just valuation We would not be understood as saying that all the new roads built were unnecessary Many of them were demanded by commerce
This Board having the ratemaking power have felt it important to carefully study the condition of the railroads and the causes of their financial troubles that reasonable and just rates might be allowed
The railroad companies of Georgia through their managers early in the present year made an application for a general increase of twentyfive per cent in their rates Their appeal was supported with great earnestness and much ability An effort was made to place the responsibility of their condition largely upon the alleged unreasonably low rates allowed by this Board
Realizing the importance of this application and anxiously desiring to fix for the railroads and to secure for the public a rate that would be just and reasonable we gave the subject our most careful and earnest consideration thoroughly investigating the business condition and status of each and every road bull and patient hearings were given the railroads and all others interests affected were accorded ample opportunity to present their views Not content with these hearings the Commission instituted the most thorough and searching investigation of its own Our conclusion was that the application for a general increase of twentyfive per cent should not be allowed and that such an increase would neither be just nor reasonable We became satisfied however that the rates on some roads Avere too low and that rates on some classes on nearly all the roads ought to be increased We thereupon undertook the difficult duty of adjusting the rates on this basis for each separate road which resulted in Circular No 228
The railroad problem in its last analysis is the rate problem What is a just and reasonable rate How shall it be ascertained When shall there be an increase or decrease in rates are all questions full of complexity and difficulty
HISTORY OF RATES
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In the early history of this Commission it was deemed advisable to establish a standard tariff for the transportation of passengers and freight This tariff was the standard upon which rates wereAo be constructed The rates in force upon the Western and Atlantic Railroad as then operated were used as a basis upon which to coustruct a standard tariff Percentages upon this standard were allowed the other roads as seemed just in consideration of their business and condition These percentages have varied from time to time as justice required It will be noted that notwithstanding there has been constructed two competitive lines to Chattanooga these rates have remained in force on that road without serious complaints by the public or the railroad company So it appears that the standard thus established has proven by experience to be just and reasonable
Prior to Circular No 170 of 1890 the Commission had adopted a plan of increasing percentages on short hauls When this circular took effect the roads were all prospering under the rates allowed and it appeared just to the Commission to change this plan of percentages on short hauls and adopt in lieu the lower general percentage applying to both short and long hauls Soon after the adoption of Circular No 170 under authority of the Legislature a Joint Rate Rule was established This was a ten per cent reduction of the tariff on all freights shipped over two or more lines This rate is embodied in Circular No 171 now known as Rule No 30
The general effect of these two rules was a reduction in rates It was believed that this reduction was just and reasonable and that under it the roads would continue to prosper for it must be remembered that eyery reduction in rates is not necessarily a reduction in revenue The financial depression and other causes heretofore discussed soon after begun to be felt hence the railroads were less able to give to these reduced rates a fair trial The increased tonnage which favorable rates would have induced and the effect of the natural growth of commerce could not be realized owing to the financial troubles of the country
It was therefore in consideration of the premises deemed just and reasonable to allow some increase on the roads that had been affected by the reduction and on the smaller lines an increase was demanded that would enable them to operate these roads It was not however thought proper to make this increase apply to all classes of freight shipped for many articles included in Classes C D and F and also Lumber Naval Stores Lotton etc
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could not stand the increased rate The rate already allowed was as much as that traffic could bear
It is believed that under favorable conditions the increase allowed will approximately restore the rate that had existed prior to Circular No 170 When prosperity returns and business resumes its normal condition it is hoped that this adjustment of rates will prove satisfactory alike to the railroads and the people The increased rates asked for by the railroad companies would have entailed upon the people burdens which they could not in their present condition have borne It was but fair that both the railroads and the people should bear their just proportion of the burdens ot hard times
In spite of all that has been said of the depressed condition of the railroads in Georgia they will compare favorably with those of our sister States south of the Ohio river It is true that there are a number of railroads in the hands of receivers in Georgia but it should not be overlooked that most of these are interstate roads some of them having comparatively short mileage in Georgia We are advised that litigation in most of these cases so far as it effects old established lines began not from insolvency but from legal complications arising from alleged violations of the law True quite a number of new enterprises failed before they were completed owing to the causes as above stated and receiverships followed as a matter of course But we repeat that the condition of the railroads in Georgia will under all these circumstances compare favorably with the roads in the adjoining States
There is also another cause for a loss of revenue Georgia is an agricultural State the tonnage of the railroads consists largely of the products of the farm and of supplies to the farmers hence the methods adopted by the agriculturists must of necessity largely affect local trade Bv raising their own supplies of corn meat flour etc they have largely reduced the revenue of the railroads wrhile benefiting themselves and the country
EXPRESS COMPANIES
We are glad to be able to report very few complaints against the express companies The companies so far as we are advised have observed the rules and regulations adopted by this Board and the people are satisfied
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TELEGRAPH COMPANIES
Very few complaints have arisen with regard to telegraph companies and these are mainly applications to establish or discontinue telegraph stations The act of the last Legislature cutting down the penalty from one hundred to fifty dollars has increased the number of stations in small towns and we are of the opinion that the repeal of this law leaving telegraph companies liable for the actual damage that they have caused would still further increase the service and enable the people now not supplied to have telegraphic communication While it is true that the act was intended to secure prompt transmission and delivery of messages still it is shown to this Board that the law is so frequently abused by the institution of apparently frivolous suits that the telegraph companies art loath to establish new stations and incur this risk
DEMURRAGE
We are pleased to note very few complaints from the people or the railroads with regard to demurrage The general acquiescence by both in the rules and regulations prescribed gives evidence that they are satisfactory to both parties
TRAM AND MILL ROADS
In the timber portion of the State there are a number of tram roads built by mill owners out into the forest for the purpose of hauling logs to the mill and moving naval stores where stills and farms are located These roads are not permanent in their nature but are removable when the timber is exhausted Along the line of some of them are situated a number of people interested in the business An effort has been made to subject them to control as common carriers After carefully considering the case made by the Bewick Lumber Company which was a test case we were of the opinion that this road and others similarly situated were not common carriers in the sense meant by the Commission Act We append to this report the opinion of the Board on that subject To have subjected them to our jurisdiction as common carriers would have entailed upon these important enterprises burdens which would have resulted in their abandonment and thereby seriously injure the lumber business an industry which should be fostered The Commission therefore have not taken jurisdiction over these roads
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DEPOTS
The law under which this Board has authority to order the erection and improvement of depots requires that the condition of the railroad should be considered before ordering depots to be built or improved Several new depots have been ordered since the last annual report and many of those previously ordered have been built Where the railroads have failed to comply with the order of the Commission they have made to this Board a showing of their present financial inability to comply and we have not thought it advisable to institute suits against these companies they assuring us that as their finances will permit the depots will be improved or constructed as ordered
TRADE CENTERS
The decided tendency of modern transportation is to eliminate the middlemen and intermediate charges on freight Freight shipped in car load quantities under the present system generally goes through from its place of shipment to destination without intermediate handling and even where goods are intended for export through bills of lading for a foreign port are given from interior points reducing if not entirely abolishing our home port charges for handling and storage So important is the freight rate in fixing the price of commodities that competition has availed itself of every possible means by which the lowest rates can be secured This system brings the producer and the manufacturer and consumer in close relation and ought to secure the best possible price to the producer Under Rules Nos 1 and 30 of this Commission the same principle is recognized and approved These rules secure through rates whether the same be over one or two or more lines The practical effect has been to give the producer an opportunity of getting material at the lowest freight rate but it has seriously interfered with certain classes of business at trade centers Especially is this true in the cotton business Cotton factors in the interior who had been accustomed to handle the crops of their customers in their immediate territory find it difficult to control the handling of this cotton on account of the increased rates resulting from local shipments and even the great port of Savannah has been affected in this business by the change of the rule of commerce above alluded to Men have embarked in business at trade venters and invested large amounts of money in warehouses and compresses with a view of handling this product They find that this principle of transportation has seriously affected their business
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Complaints have been made to this Board of the operation of these rules by warehousemen and owners of compresses In some instances the railroads own the interior compresses and practically shut out their competitors in this business The Commission has given much thought to this subject but finds itself unable to grant the relief prayed for Interstate shipments or shipments for export which constitute a large amount of this trade we have no jurisdiction over nor have we any jurisdiction over the rates of warehousemen or compressors If it should appear that the railroads were using compresses so as to enable them to make unjust discriminations in the freight rates or in their duties to the public we might be able to afford relief but the cases presented have not been of this character
ESTIMATED WEIGHTS
In the transportation of lumber shingles laths etc much trouble is experienced in ascertaining the exact weight of these articles shipped The rate is computed by the estimated weights which is a fair mode of adjustment The tonnage of these articles is so great and the ascertainment of the actual weight so difficult that it necessitated the establishment of estimated weights to enable both the roads and the shippers to arrive at the correct amount of freight
Rule No 20 embodies the estimated weights heretofore adopted Many complaints are made of overcharges in the shipment of these articles and on examination it generally appears that the overcharge claimed is on account of the difference in the estimated weights and what is claimed to be the actual weight This rule was adopted after much consideration and after fully consulting the railroad men and those engaged in the business affected and was substantially agreed to by those present Actual weights of the articles though in small quantities were ascertained and the average of these results was the estimated weights agreed on with such modifications as the railroads and shippers agreed were just It will be seen that some rule on this subject is absolutely necessary That estimated weights will not always prove accurate is most manifest because of the evervarying conditions but the Commission believe that the weights adopted will prove substantially correct nor can the actual weights as reported be always relied on The track scales are necessarily exposed to the weather must be more or less affected by the weight of the heavy engines and cars and
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hence from the standpoint of either party some table of weights was indispensable
An effort was made to establish a commodity rate but this plan appearing to be unsatisfactory to both railroads and shippers was abandoned We have however submitted to all parties interested a rule on this subject requiring the weigher to make oath that his scales are correct and that the weight given is the true and correct weight and that the scales have been balanced immediately before using and have made such change in the estimated weight as may make them approach as near as possible the actual weights and hope that the rule thus fixed on this important subject will be satisfactory
The present scale test by which the accuracy of weights is determined is unsuitable for testing scales of the capacity used by the railroads There ought to be a practical scale test prescribed by the State for scales of this character and the railroads should be required to secure sworn weighers who will make this test constantly to insure the correctness of the scales The present rule under which complaints have been preferred we find inadequate because of our inability to enforce it Where the shipper bases his claim for overcharges on Rule No 20 and the railroad denies the overcharge on the plea that the actual weight is different a penalty would not be incurred by the railroad company unless it could be ascertained that the alleged actual weight was incorrect To deny the road the right to dispute the actual weight and yet to fix the rate by weight without opportunity to dispute the fact of whether the estimated weight was the actual weight would be exceeding our authority and consequently we could not maintain a suit for violating this rule where the railroad could show that the actual weight differed from the estimated weight We submitted this proposition to the AttorneyGeneral who concurred in the view herein expressed
LITIGATION
Since our last Annual Report the Federal Court of the Northern District of Georgia Judge Pardee and Judge Newman presiding have sustained the Railroad Commission in a case for injunction prayed for by the Richmond Danville Railroad Company against the enforcement of Cirular No 171 the same being a Joint Rate contained in Rule No 30 It will be remembered that this rule was assailed on the grounds of its un
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constitutionality and an effort was made to destroy with the aid of the courts the ratemaking power of this Commission We are much gratified to state that the court fully sustained the Joint Kate Rule and held it to be legal and valid We append herewith as it is a matter of great importance a full report of the case including the bill answer demurrer and briefs of counsel and the decision of the court We note that the Supreme Court of Iowa has sustained the Joint Rate Rule prescribed in that State and it now seems settled that the Commission has the right to enforce just and reasonable joint rates This is a great victory for the people and enables small stations to have the benefit of reduced rates Properly enforced it may prevent discriminations between railroad companies to the detriment of their patrons
In the suit instituted by this Commission against the United States Express Company which was removed from the Floyd Superior Court to the Federal Court on application of the defendant the Commission had steps taken to remand the case and Judge Newman held that it was not a removable cause under the Act of Congress and remanded the case back to the State courts We consider this a most important point gained because it enables our State courts to enforce the penalties fixed for violation of the rules and rates of this Commission The well considered brief of the able AttorneyGeneral is also appended to this report as it contains the law relating to this important point and is regarded of sufficient public interest to be preserved in the reports of this body
The case of the Interstate Commerce Commission against the Georgia Railroad Company and others known as the Social Circle case for the violation of the Long and Short Haul Clause of the Interstate Commerce Act was heard before Judge Newman and a decision rendered adverse to the Interstate Commerce Commission This Board felt a great interest in that case as there were numerous other cases brought by us against various railroads of the State involving the same questions and we are glad to be able to note that an appeal has been taken to this decision Its course will be watched with great interest
The iufirmity of the Interstate Commerce Commission law consists in the fact that in the hearing before the Interstate Commission the railroads are not required to submit all their evidence When a suit is instituted to enforce the judgment of the Commission the hearing is de novo and the railroads often make before the courts a very different case than that which
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is heard before the Commission If the Act of Congress required all evidence to be submitted before the Interstate Commerce Commission and would give to its judgments the force and effect of a masters report in chancery then it would be practicable to enforce its findings and the public would obtain that relief which this able Commission seem willing upon a proper case to give and which it was the intention of the law that the public should have The several cases brought by this Commission under an Act of the Legislature against divers railroads for violation of the Interstate Commerce law have been decided In five cases this Board was sustained and in two cases where we ourselves were in doubt it was held that the railroads have not violated the law A full report of these cases can be seen in the Interstate Commerce Commission Reports The railroads we regret to say have not complied with the decisions of the Interstate Commission in these cases but rely on their success in the Social Circle case for disregarding them Proper steps will be taken in due time to have the finding of the Interstate Commerce Commission obeyed It was deemed advisable upon consultation with the Interstate Commerce Commission to await the issue of the Social Circle case before incurring the expense of bringing suits to enforce these judgments The Social Circle case will practically determine all of these cases
We regret to state that the Richmond Danville Railroad Company have persistently refused to respect our Joint Rate Rule and other rates and rules prescribed by this body This necessitates the bringing of a large number of suits against that company for the purpose of enforcing obedience to the law The only way to secure to the public the benefits which the law under which we were organized intended to confer is to enforce the rates and rulings prescribed by this Commission and this we shall endeavor to the full extent of our power to do avoiding litigation where it is possible but not shirking the responsibility where it is necessary
The fact that a number of the roads are insolvent and in the hands of receivers necessarily complicates matters If a road that is insolvent violates a rule and suit is instituted for recovery and judgment found in favor of the State it is doubtful if under the law as it now stands that the penalty could be collected This will grant insolvent railways immunity from regulation for there can be no effective control without ability to impose penalties
We recommend thereforp that an act be passed giving to the judg
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merits for penalties in such suits priority over all claims except taxes In this way insolvency would not mean freedom from control and the laws of the State would be respected and obeyed
EARNINGS
The following is the report of the earnings of railroad companies of Georgia for the past year ending June 30th We have not been able to get a full statement as called for from some of the roads
EARNINGS AND EXPENSES OF RAILROADS FOR YEAR ENDING June 30 1893
NAME OF ROAD
Central Main Line
Augusta Savannah Division
Southwestern
Savannah Griffin North Alabama
Upson County
Chattanooga Rome Col
Columbus Rome
Buena Yista Ellaville
Georgia
Gainesville Jeff So
Union Point White Plains
Western Atlantic
Savannah Florida Western
Columbus Southern
Sandersville Tenn
East West of Alabama
Talbotton
Georgia Southern Florida
Georgia Midland Gulf
Brunswick Western
E T V Ga
R D Atlanta Charlotte Air Line
Elberton Air Line
Lawreneeville Branch
Roswell
North Eastern
Georgia Pacific
Savannah Americus Montgomery
Wrightsville Tennille
Marietta North Georgia
Mid ville Swainsboro Red Bluff
Atlanta West Point
Sylvania
447335 55 10252 75
Gross Earnings Current Expenses Net Earnings
2588509 50 1865835 75 1 722673 75
254985 18 153256 61 101728 57
1016768 91 957768 73 59000 18
170206 80 171078 82 t 872 02
12640 41 16603 47 t 3963 05
282212 47 522094 10 t 239881 63
31634 94 42701 06 t 11066 12
58700 47 69721 70 t 11021 23
1480351 19 1088232 36 392118 83
37329 39 39257 62 t 1928 23
5683 31 7938 29 t 2254 98
1396300 42 1038753 19 357547 23
2888089 20 1914499 19 973590 01
82229 19 73617 64 8611 55
7453 39 6048 02 1405 37
110525 63 106836 43 3689 20
8147 22 5192 23 2954 99
817321 62 640352 21 176969 41
149699 99 124024 16 25675 83
567094 66 437752 15 129342 51
2316384 30 1684923 93 631460 37
651024 37 464622 04 196402 33
41547 26 46167 13 t 4619 87
2882 38 6597 76 t 3714 38
6495 45 6110 44 385 01
67170 81 68686 01 t 1515 20
350642 50 265774 29 84868 21
567918 77 478811 24 89107 53
74581 32 53520 48 21060 84
302902 62 9584 32
144432 93 668 43
Rental to be deducted tDeficiency
It is important to know first what the gross earnings of a railroad are next what the operating expenses are The gross earninge are easy of as
certainment and a proper report of operating expenses would show correctly the net receipts It is well known that operating expenses consist of the following items
Fi r s tCo nd acting T ran sportati o n
SecondMaintenance of Way
ThirdMaintenance of Equipment
FourthExpenses of general offices agents etc
Whether or not taxes should be added as a part of operating expenses is a much debated question but these ought certainly to appear in the report With these items ascertained it is easy to learnwhat the net earnings are Without this ascertainment the reports are confusing and misleading
TAX VALUATION
Below will be found a summary of the tax returns of the railroads in Georgia taken from the ComptrollerGenerals Report As there should be a close relation between the valuation for taxation and the valuation for rates we have thought proper to incorporate both in this report
STATEMENT OF TAX RETURNS
NAME OF ROAD
Port Royal West N C
Port Royal Augusta
Perry Branch C R R
Cuthbert Eufaula Division
Chatt Rome Columbus
Elen Amer Sav Wes
Savannah Griffin North Alabama
Buena Vista Ellaville
Columbus Rome
Upson County
Arlington Extension S W
Savannah Atlantic Sav Tybee
Atlanta Division Central R R
Americus Albany Central R R
South Bound
Millen Southern
Sylvania
Atlanta West Point
over Statesboro
Georgia R R Camac to Macon
Atlanta Florida
Central Railroad
Macon Dublin Savannah
East West of Alabama
Blue Ridge Atlantic
Alabama Great Southern
No Miles Total Returns Valuation Per mile
16 3 150950 00 9150 00
4 73164 00 18291 00
12 34775 00 2898 00
22 233115 00 10596 00
134 1143844 00 8513 00
58 422850 00 7290 00
60 332856 00 5347 00
61 325725 00 5340 00
50 164490 00 3289 00
16 17350 00 1084 00
60 314750 00 5245 00
17K 52 325 00 3077 00
103 1726450 00 16760 00
36 303175 00 8421 00
31 340548 00 10980 00
32 86207 00 2700 00
15 27349 00 1823 00
85 K 1569674 00 18460 00
10 24840 00 2484 00
78 521430 00 6685 00
100 459223 00 4592 00
201 2733900 00 13601 00
54 280274 00 5190 00
48 274986 00 5731 00
21 99990 00 4761 00
24 402799 00 16783 CO
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STATEMENT OF TAX RETURNSContinued
NAME OF ROAD
Boston Albany
Stillmore Air Line
Georgia Midland Gulf
Albany Florida Northern
Georgia Carolina Northern
Darien Short Line
Hartwell
Columbus Southern
Brunswick Western
South Brunswick Terminal
Waycross Air Line
Alabama Midland
Georgia Southern Florida
Oconee Weston
Sandersville Tennille
Louisville Wadley
Union Point White Plains
Chickamauga Durham
Gainesville Jefferson Southern
Middle Georgia Atlantic
Savannah Florida Western
Jacksonville Division
Albany Division
Gainesville Division
Monticello Division
Junction Point Division
Wrightsville Tennille
Marietta North Georgia
Talbotton
AVadley Mt Vernon
Atlanta Division E T V G
Brunswick Hawkinsvilie Div
Rome Decatur
Alabama Division
Atlanta Charlotte A L
Elberton Air Line
Lawrenceville Branch
North Eastern
Georgia Pacific
Roswell
Macon Birmingham
Smithonia Dunlap
Midville S Red Bluff
Lexington Terminal
Augusta Southern formerly Augusta G S
No Miles Total Returns Valuation Per mile
28 100190 00 5 3578 00
3 25000 00 8333 00
98 811800 00 8079 00
35 216667 00 6190 00
123 1505351 00 12240 00
20 72049 00 3602 00
10 30725 00 3072 00
88 547388 00 6220 00
168 1459535 00 8682 00
16 84900 00 5306 00
25 56300 00 2252 00
30 402335 00 13191 GO
169 1644980 00 9733 00
30 117695 00 3923 00
15147 00 4783 00
10 26100 00 2610 00
13 14750 00 1135 00
17 94774 00 5581 00
65 147 723 00 2273 00
18 62595 00 3478 00
266 4295405 00 16148 00
38 344871 00 9076 00
58 59909 00 10188 00
26 201378 00 7445 00
13 94557 00 7274 00
4 37550 00 9388 00
36 199250 00 5535 00
107 712925 00 6663 00
Q4 27826 00 4281 00
30 61220 40 2041 00
141 1970166 00 13773 00
190 2585775 00 13609 00
18 128822 00 7157 00
83 1269863 00 15300 00
100 1882982 00 18830 00
50 196821 00 3936 00
10 26845 00 2685 00
39 343599 00 8810 00
73 1522931 00 20862 00
9 32865 00 3652 00
97 582480 00 6005 00
7 12632 00 1805 00
20 70438 00 3521 00
4 9455 0 2364 00
79 297926 00 3771 00
PHYSICAL CONDITION OF ROADS
A personal inspection of a number of roads by members of the Board and accurate information from other sources show the physical condition of the railroads to be very good Where improvements have been made
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they have generally been of a substantial character and well suited to the business of the railroads and the protection of the public
RECOMMENDATIONS
We renew our recommendation made in the last report in regard to the overissue of stocks and bonds Also our recommendation in relation to overcharges A person who has been overcharged should not be required to spend more money recovering the overcharge than the overcharge would amount to The law already gives to a person the right to recover double the overcharge To make this effective it should provide for making the railroads liable for attorneys fees and all costs and expenses There should be no overcharge and if there is make it more to the interest of the railroad not to do the shipper this wrong than to receive the excess If they violate the law they should suffer the penalty of their wrongdoing It is believed that the enactment of such a law would prevent overcharge and avoid the wrong that is so discouraging and harassing to shippers and consignees Very respectfully
L N Trammell Chmj
Vilgil Powers Commissioners
Allen Fort J
A C Briscoe Secretary
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Commissioners Tariff
3
CLASSIFICATION AND RULES
Embracing all Changes and Corrections to date
OCTOBER X5 1G93

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Standard Passenger Tariff
For Passengers Cents Per Mile
Class A Class B Class C
Twelve years old and over O 4 2 g
Over five years and under twelve vears of age H 2
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GENERAL RULES
RULE 1PROCEEDINGS BEFORE THE COMMISSION
Howto A11 complaints made to the Railroad Commission of alleged grievances must plainly plahft Cm and distinctly set forth the grounds of complaint the items being numbered and objections all set forth in writing
In like manner all defenses must he distinctly set forth in writing and the items numbered as above stated
These specifications whether of complaint or defense may be accompanied if the parties desire by any explanation or argument or by any suggestion as to the proper remedy or policy The parties may also be heard in person or by attorney or by written argument upon such written statement being first filed
RULE 2MONTHLY REPORTS
Railroads Raiiroad Company doing business within the State of Georgia shall file in the
lSrailh office of the Commissioners on or before the 20th day of each month a report of its earnreportef ings and expenses for the month preceding upon a printed form A and shall also at the same time file in said office a report of all orders rules regulations and circulars issued by the Commission during the preceding month accomopanied by a statement showing whether said orders rules regulations and cirulars have been duly posted as required by the rules of the Commission and have been put in force on said road said report to be made on a printed form C as follows
form c
To
Secretary Railroad Commission of Georgia
Your drcular order Nohas been received and a copy has been fur
nished each local agent of this Company with instructions that he post the same in a conspicuous place and that the same be complied with Yours truly
7 V7 7 of 1 I V r h Co
189
RULE 3POSTING TARIFFS
Railroads Each Railroad Company doing business within the State of Georgia shall post and
required to keep p0Sted at each of its respective stations in a conspicuous place a copy of the pofcttan sgcliedules o fright and passenger rates prescribed for said road by the Commission together with a copy of the Commissioners Classification and a Table of Distances between stations giving name of each station And when any change in said schedule of rates or classification is made either by the Commission or by any Railroad Company a copy of said change shall be immediately furnished the office of the Commissioners and shall also be posted in the same manner as the above
RULE 4
Rates ap The rates prescribed by the Commission shall except in cases specified apply in directions1 either direction
RULE 5
Roads re it shall be the duty of each Railroad Company doing business in the State of Georfurniifh0 gia to furnish to the Railroad Commission upon demand any books or papers in the books possession of said Railroad Company and a written transcript or copy of any paper in papersetc poggeggion oi said Raiiroad Company which may appear to the Commission as nec
essary to aid them in the discharge of their duty
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EITLES
GOVERNING THE TRANSPORTATION OF PASSENGERS
STANDARD PASSENGER TARIFF
For Passengers Cents Per Mile
Class A Class B Class C
Twelve years old and over 3 4 5
Over five years and under twelve years of age 2 2i
PASSENGER RULES
RULE 1
Each passenger shall be entitled to baggage not exceeding one hundred and fifty Anomt 150 pounds afiowefase
RULE 2
No more than the schedule of passenger rates shall be charged where the ticket Office reoffice at any station shall not have been open for a reasonable time before the departure e open for from a station of the train upon which the passenger intends to be transported tfmenable
RULE 3
At junction points where the incoming train arrives so near the leaving time of Schedule the outgoing train that it is not practicable for a passenger to procure a ticket no more charged at than the schedule of passenger rates shall be charged 1 ontsn
RULE 4
Railroad companies are authorized to collect the exact mileage for passenger Railroads fares if they shall make the necessary change to enable them to do so but if not no cohecUt0 more than the next lowest amount ending in 5 or 0 shall be charged mifeae
RULE 5
No railroad company shall be allowed to charge more than 10 cents as a minimum Ten cents a full or half rate between regular stations when the fare would be less than that amount chargf
RULE 6
N mre than standard Passenger Tariff stall be charged passengers from flag tations or other stations where tickets are not kept on sale
RULE 7
When in consquence of the uncertain time of arrival or departure of a delayed train it is impracticable for tickets to be purchased no more than the regular Standard Passenger Tariff shall be charged
Tariff rates to apply from flag stations
Tariff rate only charged when arrival or departure of train uncertain
24
RULE 8
Four cents Where a railroad company has provided agents and offices ready and open foi charged the sale of tickets and passengers for want of proper diligence fail to supply themwhen pas gelves therewith before getting on the train then four 4 cents per mile for each passhofswant senger twelve years old and over and two 2 cents per mile for each passenger over dilSer five years old and under twelve may be demanded and collected Provided however Offices at way stations may be closed one minute before the arrival of trains
No change The Commission will consider applications for an advance or reduction m the madeln Standard Tariff for the transportation of passengers or in Commutation Rates but no ordinary or change in rates shall be of effect or put in force until ratified by the Commission and tiorates published in the newspapers of the State as required by law in Section YI of the Act consent of approved October 14 1879 Provided That this rule shall not be construed as placing
Commis restriction on the privilege of railroad companies to make special rates on excursion
sion J
All tickets Tickets on sale at anv office in a city must be kept on sale at th Depot Ticket
must be on
sale at de OffiG of tll6 SEUH6 rilrOSid t tu 6 SEIQG priCGS
No Draw 11 assent heretofore given railroad companies to use drawback tickets is
RULE 9
trains
RULE 10
pot office
RULE 11
back tickets al lowed
hereby withdrawn Rule No 12 omitted
RULE 13
quired to be furnished
RULE 14
Waiting rooms required to be opened
and mpdp 1
and made comfortable
inclemency of the weather requires it with fire
25
RULE 15
Whenever any passenger train on any railroad in this State shall be more than one Duty to half of one hour behind its schedule time it shall be the duty of said railroad company flayed to bulletin and to keep posted at every telegraph station along its line in the direction trains in which said train is going the time such train is behind its schedule time and the time of its arrival as nearly as can be approximated
RULE 16
Whenever there is by reason of accident or otherwise a break or obstruction on any Notice of railroad in this State which will delay any passenger train on said road it shall be the andcnse duty of said road to have the same bulletined at all stations at and between the said quent depassenger train and the place so obstructed and the conductor shall give notice of said topfssenobstruction to the passengers in the cars before leaving the station and of the delay car that will probably be caused by the same stations
RULE 17
On all passenger trains in this State the railroads shall furnish safe and adequate heat Roads reing appliances and shall keep the passenger coaches sufficiently warm to make the pas 2eatepassengers comfortable whenever the weather is cold enough to make heating necessary of sener desirable to the passengers coaches
EXCESS BAGGAGE TARIFF
For all Baggage Over 150 Pounds
20 miles and under 10 cents per 100 pounds
30 miles and over 20 tt a
40 a a tt 30 20 a
60 tt tt 40 7 a
70 60 30 u
80 70 35 it
90 t 80 40 ii ii
100 u ft 90 45 a tt
110 a 100 50 t i
120 it 110 ii
130 c a tt 120 tt tt
140 it ii 130 t 60 it
150 tt tt 140 65 it 11
160 tt tt it 150 70 it ii
170 t tt tt 160 75 tt tt
180 it tt 170 80 tt it
190 tc tt tt 180 85 tt tt
200 tt tt 190 90 tt a
210 tc tc ii 200 95 it a
220 it 210 100 a It
230 a tt it 220 105 tt a
240 a it tt 230 110 a a
260 t tc tt 240 115 a
290 tt tt 260 120 tt ti
320 u ii ii 290 125 tt
350 i it it 320 130 tt a
400 tt it 350 135 tt It
450 it it tt 400 140 tt it
Note 1 hio more than ten 10 cents shall be allowed to be collected as a minimum charge
Note 2The above Tariff is subject to Rule One of the Rules Governing the Transportation of Freight

26
Continuous mileage to ap ply oh all roads un der same manage ment
Limit for a change of freight rate
Division of rate according to distance
Deduction of rates under 20 miles and over 250 miles
No unjust discrimination in rates
Longer line allowed to adopt the short line rats
RULES
GOVERNING THE TRANSPORTATION OF FREIGHT
RULE 1
All connecting railroads which are under the management and control by lease ownership or otherwise of one and the same company shall for purposes of transportation in applying this tariff be considered as constituting but one and the same road and the rates shall be computed as upon parts of one and the same road unless otherwise specified
RULE 2
DistancesSince a separate rate cannot be conveniently given for every possible distance the law authorizes the Commission to ascertain what shall be the limits of longer and shorter distances Five 5 miles has accordingly been fixed as the limit for a change of freight rate3 for all distances less than one hundred 100 miles and ten 10 miles for all distances over one hundred 100 miles The Commissioners reserve the right however to correct the charge in extreme cases which work hardship although the same may not violate the letter of our rules
RULE 3
For all distances over five 5 miles and under one hundred 100 miles the following rule will apply When the mileage does not end in 0 or 5 the nearest mileage so ending shall govern the rate As amended August 15 1888
Illustration For a distance of 27 miles charge for 25 miles fora distance of 28 miles charge for 30 miles
RULE 4
When freight is transported any distance greater than one hundred 100 miles if the mileage does not end in 0 the next ten 10 mile group above shall govern the rate
Illustration For 121 miles charge for 130
RULE 5
For distances under 20 or over 250 miles a reduction of rates may be made without making a change at all stations short of 250 miles Provided however That when any railroad shall make a reduction of rates for distances over 250 miles the same shall apply to similar distances on all the roads controlled by the same company and in no case shall more be charged for a less than a greater distance
RULE 6
Regulations Concerning Freight RatesThe freight rates prescribed by the Commission are maximum rates which shall not be transcended by the railroads They may carry however at less than the prescribed rates provided that if they carry for less for one person they shall for the like service carry for the same lessened rate for all persons except as mentioned hereafter and if they adopt less freight rates from one station they shall make a reduction of the same per cent at all stations along the line of road so as to make no unjust discrimination as against any person or locality
But when there are between any two points in this State two or more competing roads not under the same management or in the same system then the lpnger line or lines in order to give said points the benefit of competition may reduce the rates
27
between said two points below the Standard Tariff without making a corresponding reduction at all stations along the lines of said roads Provided Said reduction shall not make the rates less than the Standard Tariff rates for the shortest line between said points Provided further That before taking effect the proposed change of rates shall be submitted to and approved by the Commission
RULE 7
The rates charged for freight service by regular passenger trains may be one and a Freight half times that for freight by ordinary freight trains provided that this rule has no ap charges on
plication to freight carried by Express Companies passenger
trains
RULE 8
No railroad company shall by reason of any contract with any express or other Railroads company decline or refuse to act as a common carrier to transport any article proper for todStae1 transportation by the train for which it is offered freight on
passenger
RULE 9 trains
Railroad companies may collect twentyfive 25 cents as a minimum charge on a 25ents single shipment however small arge
RULE 10
No railroad company doing business in this State shall permit a blockade of any Blockades class of freights on account of any arrangement existing between it and other railroad forbldden companies as to the transportation of freight according to percentages or otherwise
RULE 11
There shall be no secret reduction of rates nor shall any bonus be given or any Secret rerebate paid to any person but the rates shall be uniform to all and public ratesforf
RULE 12 bidden
The rates specified for Ores Sand Clay Rough Stone Common Brick Bone hum adsalber Shingles Laths Staves Empty Barrels Wood Straw Shucks Hay Fodder Corn reduce cerm ear Tanbark Turpentine Rosin Tar Household Goods are maximum rates but Itdiscr the roads are left free to reduce them at discretion and all such rates are exempted tion
be Considered f RulS 6 Any comPlaints as to such rates will on presentation
RULE 13
When railroad companies are required to load or unload car load shipments of loafed Classes L M N 0 and P or to load car load shipments of Naval Stores the actual cost unloadof such service shall be paid by shippers
RULE 14
JowsTiz HANDLINGThe charge for handling extra heavy articles may be as folUnder 2000 pounds no extra charge for handling
For 2000 pounds and under 3000 pounds 3 00 for extra handling
lor 3000 4000 pounds 5 00 for extra handling
Mm 5000 pounds 7 00 for extra handling
For 5000 6000 pounds 8 00 for extra handling
7000 pounds 10 00 for extra handling
lor 7000 and over in proportion
Charges for extra handling
28
Definition of term Fertilizer
Vehicles must be properly protected
Charge for L C L shipments not exceed charge for C L shipments
Goods must be properly prepared for ship ment
When car load rates apply
RULE 15
FertilizersThis term embraces the following and like articles when intended to be used as Fertilizers Ammonia Sulphate Bone Black Bones ground or dissolved Castor Pomace or Fish Scrap Guanos Alto Vella Fish Navarro Navarro Lump Peruvian Soluble Pacific Nitrate Cake Plaster of Paris PotashGerman Salts of Muriate of Sulphate ofSalt Cake South Carolina Lump and Ground Phosphate SodaNitrate of and Sulphate ofTank Stuff etc
RULE 16
Vehicles designed for transportation at carriers risk must be properly protected by the shipper with sufficient covering or packing from all liabilities to injury from fire weather chafing or other injury
RULE 17
In no case shall the amount collected on L C L shipments exceed the charge per car load for the same class of goods
RULE 18
Railroad companies are not required to receive cotton or other merchandise and warehouse the same unless the articles offered are in good shipping condition well prepared by the shipper with proper packing and intelligent plain marking and accompanied with orders for immediate shipping
RULE 19
Car Load Rates apply to a shipment of car load or more made by one shipper at one time to one and the same point of delivery to the same consignee although thesame may in fact be carried by the transportation company to the point of deliveryin lots less than the amount recognized as a car load
3iOTE Form BAll applications for special rates must be submitted to theCommission on Form B
ESTIMATED WEIGHTS
RULE 20
Lumber Coal Lime and Stone and all other articles for which estimated weights are given in the Classification except Live Stock Ale and Beer and empty Ale and Beer packages in less than carload lots will be taken at actual weights when the weights can be ascertained by a sworn weigher who shall balance the scales immediately before weighing and see that the car is entirely free from all bearing ot other car or cars except where lumber daps from one car to anotherand snail keep a record of the road to which the car belongs its number marked weight and the gross weight of the car as loaded and shall attach to the bill of lading a certificate of his acts and doings and sign the same as a sworn weigher but when the weights cannot be so ascertained will be charged for at the following estimated weights
29
Per 1000 Feet
White Pine and Poplar thoroughly seasoned 3000 lbs
White Pine and Poplar green4000
Yellow Pine Black Walnut Ash seaT
soned4000
Yellow Pine Black Walnut Ash green4500 Yellow Pine Boards two inches and less
seasoned and undressed3500
Yellow Pine Boards two inches and les
dressed and seasoned3000
Oak Hickory Elm seasoned4000
Oak Hickory Elm green 6000
Flooring and Ceiling matched and dressed 1 inches2500 1S
Bevelled Weather Boards dressed1500
Hooppoles Staves and Heading dry
carloads to depth of 50 inches24000 Pounds
Hooppoles Staves Heading green
carload to depth of 43 inches24000 Pounds
Shingles dry per 1000 410
Shingles green per 1000 500
Laths dry per 1000 475
Laths green per 1000 700
Tan Bark dry per cord 2000
Tan Bark green per cord 2600
Fence Posts and Rails and Telegraph
Poles per cord 3500
Clay per cubic yard 3000
Sand per cubic yard3000
Gravel per cubic yard 3200
Stone undressed per cubic foot 160
Lime per bushel 0
Coal per bushel 80
Coke per bushel 40
Portland Cement per barrel 400
Other Cements 300
WEIGHERS CERTIFICATE
sworn weigher for the
Railroad at do certify on oath that I this
day of weighed car Noof the i
Railioad loaded withthat the gross weight waspounds
that the marked weight of the car waspounds that said car while bein
weighed was disconnected except where lumber laps and free from all bearing of other cars that the scales were balanced immediately before weighing said car and to the best of my knowledge the weights are correct
Signed
Weigher forRailroad
At
RULE 21
In cases in which the classification of any article is lowered by a percentage railroad Manner f companies which are allowed an increase on the Standard Tariff shall apply the increase applying allowed to the reduced classification butin cases in which the classification of anyage6 article is raised by percentage railroad companies which are allowed an increase on the Standard Tariff shall not apply said increase to the already increased classification hu only to the Standard Tariff
RULE 22
When any article is too bulky to put in a box car it shall be subject to special Bulky ship
contract ments sub
ject to pe
cial con
RULE 23 tract
A ton of all articles enumerated except Scrap Iron is 2000 pounds A ton of Scrap what coniron is 2240 pounds A car load is 20000 pounds unless otherwise specified For stitutes a loads above 20000 pounds prorate at car load rates charged A car load of green wood and also a is eight cords A car load of dry wood is nine cords A car load of lumber and alltonarticles embraced in lumber is 24000 pounds A car load of any article enumerated in class P except wood and lumber and articles included in lumber is 25000 pounds shippers to load and unload Provided That when a car is loaded over its marked capacity by the shipper at a flag station the railroad companies are left free to charge for the excess at a rate that will effectually stop a practice fraught with so much danger to life and property
RULE 24
For rules governing demurrage and storage see Demurrage Rules
Charge for
RULE 25 switching
or ti ans
A charge of no more than two dollars per car will be allowed for switching or trans cars when
ferring a car from any point on any road to any connecting road or warehouse within a over two or
space of three miles from starting point without regard to weight or contents more
loads
30
When in the transfer of a car between said points it is necesssary to pass over theline of any intermediate road or roads th maximum charge of two dollars shall be
equitably divided between the roads at interest
Empties to When a charge is made for the transfer of loaded cars between said points no addi
turned tional charge shall be made for the return of the empty cars
free
RULE 26
Terminal The terminal facilities of a railroad company such as depots side tracks platforms facilities buildings turntables etc cannot be used by another railroad company for any pur
nottobe 6
used by pose without the consent oi the owners
other com
Panies RULE 27
Time fcr All agents at depot stations within incorporate towns and cities in this State shall opening receive all freights offered for shipment and deliver all freights applied for from the
and closing firgt of Aprij t0 the flrgt 0f October between the hours of 7 oclock a m and 6 o clock depots p m and from October the first to April the first between the hours of 7 oclock a m
and 5 oclock p m provided that in cities having a population of over ten thousand people the hours shall be from 7 oclock a m to 6 oclock p m with the exception of an intermission of one hour from 12 m to 1 oclock p m on each day of the week Sundays excepted Nothing in this Rule shall be construed to prevent the agentsfrom receiving or delivering freight erlier thn 7 o clock h m or lattei thn 6 o clock p m if they so desire
RULE 28
Railroad companies whose lines of road do not exceed ten 10 miles in length may come with charge from any point on the road the rates prescribed for ten 10 miles
in tenmde
limit RULE 29
All joint rates between two or more roads not under the same management or conmadeby68 trol excepting the maximum Joint Rates provided for in Rule 30 Circular 171 must be agreement maJe Qnly by agreemnt between roads at interest in such joint rate or rates and submitted to the Commission by the initial road with a carefully prepared tariff of rates and distances and such Joint Rates shall not go into effect without the approval of theCommission
RULE 30
On all shipments of freights not governed by Rule No 1 originating and termmatingsbTllbe in this State which shall pass over the whole or portions of two or more roads not oclsfless under the same control the maximum rate charged on such shipments shall not be10 per cent greater tban the sum of the local rates on such freights less ten 10 per cent for the disiance hauled over each road The total rate thus ascertained on such freights from the point of shipment to the point of destination shall be divided in such proportionsbetween the roads over which such freights pass s as to give to each road interested in the shipment its local rate less ten 10 per cent for the distance such shipment is
hauled
Nothing in this Rule shall be construed to prevent the total of any Joint Rate made
dAvidingf under this Rule from being divided in such proportions between the roads interested such rates game as they may agree upon but a failure to so agree between the roads inter
theconi ested shall in no way affect the total Joint Rate to be charged and collected on or work
pane3 delay in the transportation of such freight or be a subject of appeal to the Commission
by the roads at interest
31
RULE 31
All overcharges on freight by any railroad in this State shall be settled within thirty Kefuniw days after demand by consignee or person paying the freight upon the agent at the de verlivenng depot 1 charges
Whenever an overcharge on freight has been made on a shipment over two or more railroads or any parts of two or more roads it shall be settled by the delivering road
It the overcharge is made on a shipment to a flag station then the demand to be made on the agent at the regular station to which the same was billed
RULE 32
1 Railroads shall without delay switch off and deliver to any connecting road of t le same gauge all cars consigned to points on or beyond such connecting roads
They shall at the terminus or intermediate point without obstruction or delay receive from the connecting road of the same gauge when offered all cars consigned to any point on the road to which the same is offered or on any connecting road with
said road to which it is destined and to transport said cars to their destination with reasonable diligence
3 Norailroad shall discriminate in its rates or tariffs of freight in favor of any line or route connected with it as against any other line or route nor when a part of its own hne is sought to be run in connection with any other route shall such railroad discriminate against such connecting line in favor of the balance of its own line but said railroad shall have the same rates for ail and shall afford the usual and likecustomary facilities for the interchange of freight to patrons of each andall lines alike
Kail road
companies
required to
deliver
cars to
connecting
roads
Also shall receive cars from connecting roads
Not allowed to discriminate in rates in favor of any particular line
RULE 33
The railroads in this State within thirty days from September 15th 1893 shall cause Weighing to be weighed by a sworn weigher all lumber and coal cars belonging to them and CarS have the weights marked upon said cars and the numbers date and weights reported to this office
32
How to apnlv the Standard Tariff
Definition of terms
Rule for computinj fractions when applied to Standard Tariff
EXPLANATORY NOTES
1 In the Commissioners Standard Freight Tariff under the class opposite to the distance T it ends in 0 and if not then opposite the next greater distance will be found the rate required Example To find the rate for 247 miles on a box of clothing weighing 100 pounds Opposite the word clothing in the Classification is seen its Clas3 1 in the Freight Tariff under Class 1 opposite the next greater distance 250 miles is seen the rate 75 cents in the column Miles 5 signifies 5 miles or under20 twenty miles or over 15 and so on
2 CHARACTERS
1 represents First Class
2 represents Second Class
3 represents Third Class
4 represents Fourth Class
5 represents Fifth Class
6 represents Sixth Class
15 represents 1 i times First Class
D 1 represents Double First Class
3T 1 represents Three Timts First Class
4 T1 represents Four Times First Class
A B C D E F and II c represent Classes A B C D E F and H c respectively
L C L represents Less than Car Load
C L represents Car Load
N O S represents Not Otherwise Specified C R represents Carriers Risk
O R represents Owners Risk
3 Articles not enumerated will be classed with similar or analogous articles
4 To ascertain the rates allowed any company or any class apply the percentages indicated For instance The percentage allowed the Central Railroad on First Class for 50 miles is 25 per cent which would be as follows First Class rate 30 cents per 100 lbs 25 per cent added 7J cents equal 38 cents per 100 lbs which is the rate allowed
for 50 miles
RULE FOR COMPUTING FRACTIONS
5 When any rate in any Class in the Standard Tariff is raised or lowered by a per cent the following rules must be observed
FirstIf the rate thus raised or lowered is in either of Classes C D F J or K the fraction of a half cent must be retained as the following examples will indicate
Ex 1Standard Rate
25 per cent added
Total
Ex 2Standard Rate
20 per cent added
Total
Ex 3Standard Rate
20 per cent added
Total
Ex 4Standard Rate
25 per cent added
Total
65
16
81 from which deduct fraction leaving desired rate of 8 cents
95
19
114 Substituting 5 for the fraction the desired rate is 115 cents
8
16
96 Substituting 5 for the fraction the desired rate is 95 cents
55
13
68 Adding a unit instead of a fraction the desired rate is 7 cents
38
SecondIf the rate thus raised or lowered be in any other Class than those already mentioned omit fractions of less than half a cent and estimate half a cent or more as one cent
Thus Ex 1Standard Rate 17
20 per cent added 34
Total 204 Deducting the fraction the desired rate is 20
cents
Ex 2Standard Rate 18
20 per cent added 36
Total 216 Estimating the fraction as a unit the desired
rate is 22 cents
ThirdIn making reductions observe the same manner of placing figures before deducting the percentage
6 Narrow gauge railroads in fixing rates on all freights where a rate per car load is given will count 15000 pounds for a car load and estimate their charge pro rata with rate allowed on standard gauge
RULES GOVERNING ERECTION AND LOCATION OF DEPOTS ETC
FirstFrom and after Monday the sixteenth day of December 1889 no change of freight or passenger depots or flag stations from their present location nor the suspension of the sale of tickets or the receiving or forwarding of freights from stations now in use for such purposes will be permitted without the consent of this Commission published in accordance with law
SecondApplication for the location of depots and the construction of depot buildings must be filed in the Railroad Commission office with all information needed for a full and proper understanding of all interests to be affected thereby
ThirdA correct profile of the ground upon which it is proposed to locate said depot with grades curves cuts fills trestles and bridges on said railroad extending for not less than one mile each side of said proposed location also facts must be given as to other roads if any proposing to occupy same or contiguous depot grounds Also evidence showing number of population probable tonnage and passengers to be accommodated by said location or buildings and also distance from nearest stations on said road All said information to be given correctly and as full as practicable so that the Commissioners may intelligently comply with the law making it their duty to require the location of such depots and the establishing of such freight and passenger buildings as the condition of the roads the safety of freights and the public comfort and convenience may require
Rules and Regulations Governing the Transportation of Live Stock
The weights given below are estimated and not actual and are used simply to get the rating on Live Stock To illustrate One Horse Mule or Horned Animal is estimated at the same rate as 2000 lbs of any kind of firstclass freight at carriers risk and secondclass at owners risk Therefore the freight charges for 50 miles on one Horse Mule or Horned Animal is the same as on 2000 lbs of firstclass freight and would be
No change in depots or agencies without the consent of the Commission
Applications must be accompanied with full information
Correct profiles of grades etc number of passengers amount of business etc re quired
Manner of ascertaining rating of Live Stock
84
according to the Standard Tariff carriers risk 30 cents per 100 lbs or 6 and at owners risk 27 cents per 100 lbs or 540
EACH
One Horse Mule or Horned Ani
Le Stock mal2000 lbs
Two Horses Mules or Horned
Animals 3500 lbs
Each additional Horse Mule or
Horned Animal1000 lbs
Stallions Jacks and Bulls3000 lbs
Yearling Catte1000 lbs
Calves and Sh eep 175 lbs
The rates on Live Stock as given in this Tariff are based on the following maximum
valuations
Maximum Horses and Mules not over120 00 each
valuations Horned Cattle not over 50 00 each
Stallions Jacks and Bulls not over 150 00 each
Fat Hogs and Fat Calves not over 15 00 each
Lambs Stock Hogs Stock Calves not over 5 00 each
Race Horses Stallions Jacks Bulls and other high priced animals when shippers are not willing to have the same transported at above valuations will be taken only at the following rates on valuation given
Special vai Value from 150 00 to 400 00 add to regular rate 30 per eent
uations Value from 400 00 to 600 00 add to regular rate 50 per cent
Value from 600 00 to 800 00 add to regular rate 60 per cent
Value from 800 00 to 1000 00 add to regular rate 100 per cent
Over 1000 subject to special rate by contract
Live Stock will be taken at the released or owners risk rate only when contract is executed by shipper and Station Agent
Mixed ship Mixed shipment of Cattle Hogs Lambs etc will be taken in car loads at carload rates for cattle but carrier will be released from damage to animals caused by their own acts or to each other and from escape if not haltered suffocation exhaustion from heat or cold
Sucking Calves accompanying Cows will be charged for at rate for single Calves
Sucking Colts accompanying Mares will be charged for at double the rate for single Calves
The word calves used in these Rules and Regulations applies only to calves under nine months old and the words Yearling Cattle to cattle over nine months and under eighteen months old
Pigs Hogs Calves etc boxed crated or in portable pens taken at actual weight carriers risk 1st class owners risk 2d class
In no case shall the charge for less than a car load of Live Stock exceed the charge for a car load
Shippers to Shippers will be expected to feed water and care for Stock at their own expense waterD When food is furnished by Carrier a charge will be made for the same and collected stock from Consignee
Cars to be One two or three cars of Live Stock will entitle the owner or his agent to be carnfed wFth ried free to point of destination of consignment on the train with the Stock to care for attendants the same Four to seven cars inclusive belonging to one owner two men in charge
and eight cars or more belonging to one owner three men in charge which number is the maximum number of attendants that will be carried free for one shipment
Return transportation not given to owners agents or attendants
EACH
Calves and Sheep in lots of 5 or
more 150 lbs
Lambs 100 lbs
Lambs in lots of 5 or more 75 lbs
Hogs for market 350 lbs
Pigs and Stock Hogs 125 lbs
Pigs Hogs Sheep etc boxed actual weight
35
DEMURRAGE RULES
Pursuant to an Act of the Legislature approved October 171891 the Commission have adopted the following rules and regulations upon the subject of storage and demurrage
RULE 1
Railroad companies shall give prompt notice by mail or otherwise to the consignees Railroad of the arrival of goods and that storage or demurrage charges will be assessed if not re to givemeS moved in conformity with the following regulations and upon failure of said railroad ar to give said notice no storage or demurrage charges shall be allowed rival of
All package freight unloaded in depot or warehouse which is not removed by the Charge orr owners thereof from the custody of the railroad company within fortyeight 48 hours freight6 not including Sundays or legal holidays computed from ten oclock a m of the day following the day of arrival may be subjected thereafter to a charge of storage for each allowed day or fraction of a day that it may remain in the custody of the railroad company as follows
In less than carload quantities not more than one cent per one hundred pounds per day
In carload quantities not more than ten 10 cents per ton of two thousand 2000 pounds per day
RULE 3
Loaded cars which by Rule Ho 13 of the Commission or by consent and agreement Charge on between the railroad and consignee that are to be unloaded by consignee such as Bulk after dexpiMeat Bulk Grain Hay Cotton Seed Lumber Lime Coal Coke Sand Brick Stone of and Wood which are not unloaded from the cars containing them within fortyeight hours not including Sundays or legal holidayscomputed from 10 oclock a m of the day following the day of arrival may be subjected thereafter to a charge of demurrage of one dollar per car for each day or fraction of a day that said car or cars remain unloaded in the possession of the Railroad Company it being understood that said car or cars are to be placed and remain accessible to the consignee for the purpose of unloading during the period in which held free of demurrage and that when the period of such demurrage charge commences they are to remain accessible to the consignee oi unloading purposes provided that when any consignee shall receive more than four cars loaded with lumber laths shingles wood coal coke lime ore sand or bricks the said cars in excess of four 4 shall not be liable to demurrage by any railroad company until after the expiration of seventyeight 78 hours
RULE 4
Consignees more than five miles from the depot shall not be subjected to storage or Consignees demurrage charges allowed in the above rules until a sufficient time has elapsed after fiSte notice for said consignee to have removed said goods by the exercise of ordinary dili distant gence J
RULE 5
Railroad companies are authorized to store such property in public warehouses at the SSSS expense of owner if same is not removed before demurrage charges attach Irty prop
Shipper to be paid when road fails to deliver within limit of time
36
RULE 6
When any railroad company fails to deliver freights at the depot or to place loaded cars at an accessible place for unloading within fortyeight hours not including Sundays or legal holidays computed from ten oclock the day after the arrival of the same the shipper or consignee shall be paid one dollar per day for each day said delivery is so delayed
STANDARD FREIGHT TARIFFCLASSES
PER 100 POUNDS
Per
Bbl
Dis tance 1 2 3
Miles Cts Cts Cts
5 12 11 10
10 16 14 13
15 18 16 15
20 20 18 16
25 22 20 18
30 24 21 19
35 26 23 21
40 27 24 22
45 29 26 24
50 30 27 25
55 32 29 26
60 33 30 27
65 35 32 28
70 36 33 29
75 38 35 30
80 39 36 31
Cts
10
12
14
16
17
19
20 21
2i
23
24
25
26 27
Cts
7
9
11
12
13
14
15
16 17
18
19
19
20 20 21 21
Cts
6
8
9
10
11
11
12
12
13 13
14
14
15
15
16 16
Cts
B
Cts
C D
Cts
85 41 37 32 29 22 17 17
90 42 38 33 29 22 17 17
95 44 39 34 30 23 18 18
OO 45 40 35 30 23 18 18
110 48 42 37 31 24 19 19
120 51 44 39 32 25 20 20
130 54 46 41 33 26 21 21
140 57 48 43 34 27 22 22
150 60 50 45 35 28 23 23
160 62 52 46 1 36 29 24 24
170 64 54 47 37 30 25 25
180 66 56 48 38 31 26 26
190 68 58 49 39 32 27 27
200 70 60 50 40 32 27 27
210 71 62 51 41 33 28 28
220 72 64 52 42 33 28 28
230 73 66 53 43 34 29 29
240 74 68 54 44 34 29 29
250 75 70 55 45 35 30 30
260 76 71 56 46 35 30 30
270 77 71 56 46 36 31 31
280 78 72 57 47 36 32 32
290 79 72 57 47 37 32 32
300 hO 73 58 48 38 33 33
310 81 73 58 48 38 33 33
320 82 74 59 49 39 34 34
330 83 74 59 49 39 34 34
34 84 74 59 49 39 34 34
350 85 75 60 50 40 35 35
360 85 75 60 50 40 35 35
370 85 75 60 50 40 35 35
380 88 76 61 51 41 36 36
390 88 76 61 51 41 30 36
400 83 76 61 51 41 36 36
410 91 77 62 52 42 37 37
420 91 77 62 52 42 37 37
430 91 77 62 52 42 37 37
440 94 78 63 53 43 38 38
450 94 78 63 53 43 38 38
460 94 78 63 53 43 38 38
6
8
9
10
11
11
32 12 13
13
14
14
15
15
16 16 17
17
18 18
19
20 21 22
23
24
25
26
27 27
28 28 29
29 30
30
31
32
32
33
33
34 34
34
35
35
35
36
36
36
37 37
37
38 8 38
Cts
81
9
9
9
9
10
10
11
11
HI
U
12
13
13
13
14
14
15
15
16 16 17
17
18 18
19 19 20 I 20
I 21
21 21 21
22 22 23
23
23
25
25 25
26 26 26 27
27
27
E
Cts
3f
5
5
6 6 6 7 7 8 8
9 9
9
9
10 10 11 11 11 12 12 13
13
13
14
14
15 15
16 16 L7
17
18 18 19 19 19 19
19
20 20 20
21
21
21
23
23 23
24 24
24
25 25
25
F
Cts
7
9
11
12
13
14
15
16
17
18 19
19
20 20 21 21 22 22
23 23
24
25
26 27
28
29
30
31
32 32
33
33
34
34 35
35
36 36 37 38
38
39 39
39 40
40
40
41 41
41
42
42
43 43
43
43
Per
100
Lbs
Per
100
Lbs
G
Cts
9
Hf
12
14
15 15
16f
16
17
17
18
18
19
19
20 20 21 214 23
23
23
24
25
26 28 29 31 31
33 33
34 34 36 36 38
38
40
40
42
42
42
42
44
44
46
46
46
50
50
50
52
52
52
54
54
54
H
Cts
df
Si
5
5
6
II
6
or
7
7
7
7
7
7
71
7
8 8
8i
81
8
m
9
9 9i
n
9
9
9f
9
10 10i 10
tot
o
10
10
10
11
11
11
11
11
11
n
n
n
n
n
n
n
n
io
12
14
16
17
19
20 21
22
23
24
25
26
27
28 29
29
30 30
31
32
33
34
35
36
37
38
39 40
41
42
43
44 45
46
46
47
47
48
48
49 49
49 50
50 50 52 52
52
54
54
54
56
u 56
12 I 56
39
STANDARD FREIGHT TARIFFCLASSES
Per 100 Pounds Pee Ton Per Car Load Per 100 lbs
Dis tance J K L M N O P R
Miles Cts Cts Cts Cts Cts Cts Cts Cts
5 10 15 20 25 30 35 40 45 50 55 60 05 70 75 80 85 90 95 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 J 290 300 310 320 330 340 350 360 370 380 890 400 410 420 430 440 450 460 8 10 12 13 14 15 16 17 18 19 20 21 22 22 23 23 24 24 25 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 59 60 4 5 5i 6 6 7 8 8 8 8 9 9 9 9i ef 9 9 10 10 10 10 loi 11 11 12 12 12 13 13 13 14 14 14 15 15 15 16 16 16 17 17 17 17 17 17 17 18 18 18 19 19 19 2D 20 20 35 50 55 60 65 70 75 80 85 90 95 95 1 00 1 00 1 05 1 10 1 15 1 15 1 20 1 20 1 25 1 30 1 35 1 40 1 50 1 60 1 70 1 80 1 90 2 OO 2 10 2 20 2 30 2 40 2 50 2 60 2 70 2 80 2 90 2 95 3 05 3 05 3 15 3 15 3 28 3 28 3 28 3 41 3 41 3 41 3 54 3 54 3 54 3 67 3 67 3 67 55 80 85 90 95 1 00 1 05 1 10 1 15 1 20 1 25 1 30 1 35 1 40 1 45 1 50 1 55 1 60 1 65 1 70 1 80 1 90 2 00 2 10 2 20 2 25 2 30 2 35 2 40 2 45 2 50 2 55 2 65 2 65 2 75 2 75 2 85 2 85 2 95 3 OO 3 10 3 20 3 30 3 40 3 50 3 50 3 50 3 60 3 60 3 60 3 70 3 70 3 70 3 80 3 80 3 80 5 00 6 50 7 50 8 00 9 00 10 00 12 00 13 00 14 00 14 OO 14 00 14 50 15 50 16 00 16 50 17 00 17 50 18 00 19 00 20 OO 21 00 23 00 24 00 25 00 26 OO 27 00 28 00 29 00 29 50 30 OO 31 00 31 50 32 00 33 00 33 50 34 00 34 50 35 00 36 00 36 50 37 00 38 00 38 50 39 00 40 OO 40 00 40 00 41 00 42 00 42 OO 44 00 44 00 44 00 46 00 46 OO 46 00 5 50 8 00 9 00 10 00 11 00 11 00 12 00 12 00 13 00 13 OO 14 00 14 00 15 00 15 00 16 00 16 00 17 00 17 00 17 00 17 OO 18 00 18 00 19 00 19 00 20 OO 20 00 21 00 21 00 22 00 22 OO 23 00 23 00 23 00 24 00 24 OO 24 00 25 00 25 00 25 00 26 OO 26 00 26 00 27 00 27 00 27 OO 27 00 27 00 29 00 29 00 29 OO 31 00 31 00 31 00 33 00 33 OO 33 00 4 00 5 00 6 00 7 00 8 00 8 00 9 00 9 00 10 00 IO OO 10 00 11 00 11 00 11 00 12 00 12 00 13 00 13 00 14 00 14 OO 14 00 15 00 16 00 16 00 17 OO 17 00 18 00 19 00 19 00 20 OO 20 00 21 00 21 00 22 00 22 OO 22 00 23 00 23 00 24 00 24 OO 24 00 24 00 25 00 25 00 25 OO 25 00 25 00 27 00 27 00 27 OO 29 00 29 00 29 00 31 00 31 OO 31 00 4 5 5 6 6 7 7i 8 8 9 9 10 10 11 11 12 12 13 14 14 15 16 17 18 18 19 19 20 20 20 21 21 21 22 22 22 22 23 23 23 23 24 24 24 24 24 24 26 26 26 28 28 28 30 30 30
41
RELATION OF RAILROAD COMPANIES
TO THE
Freight and Passenger Tariffs
The Railroad Companies doing business within the State of Georgia will be allowed to apply the
STANDARD FREIGHT AND PASSENGER TARIFFS For the transportation of Freight and Passengers in accordance with the following Table
42
THE CEE TEAL EAILEOAD SYSTEM
SAVANNAH DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N 0 the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D E J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
0n Coal and Coke
For 50 miles and under Class L
For 100 miles and over 50 Class L less five per cent
Over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Distance Table
Savannah O
Pooler 9
Bloomingdale 13
Eden 20
Marlow 26
Guyton 30
Brewer 35
Egypt 40
Oliver 46
Halcyondale 50
Cameron 55
Outland 57
Ogeechee 62
Rockey Ford 66
Scarborough 71
Parramore Hill 74
Milieu 79
Cushingville 83
Rogers 86
Herndon 90
Midville 96
Sebastopol 100
Wadley 107
Bartow Ill
Johnsons 116
Davisboro 122
Sun Hill 129
Ten ni lie 135
Robinsons 141
Oconee 146
Raouls 148
Toomsboro 155
McIntyre 162
Gordon 170
Griswold 181
Macon 192
AUGUSTA SAVANNAH DIVISION
Milieu O
Lawton 5
Perkins Junction 7
Munnerlyn 11
Thomas 16
Waynesboro 21
Greens Cut 27
McBean 33
Bennocks Mill 37
Hollywood 41
Allens 43
Augusta 53
43
THE CENTRAL BAILBOAD SYSTEM Continued
SOUTHWESTERN DIVISION
PASSENGER Class AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N O the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke
For 50 miles and under Class L
For 100 miles and over 50 Class L less five per cent
Over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Macon O
Walden 10
Echeconnee 12
Byron 17
Power sville 21
Fort Valley 29
Everetts 36
Reynolds 42
Butler 50
Howards 60
Bostick 65
Geneva 70
J uniper 74
Box Springs 77
Upatoi 83
Wimberly 86
Schatulga 91
ColumbusIOO
Distance Table
Perry 3 4
Winchester 39
Barrons Lane 44
Montezuma 49
Oglethorpe 51
Anderson 60
Americus 71
Smith ville 83
Bronwood 91
Dawson 98
Shellman 108
Cuthbert 118
Morris129
Hatcher 133
Georgetown 141
Eufaula 143
ColemamTTrTTTllT28
Fort Gaines140
Adams 89
Leesburg 96
ivaiker TTTTTT7TTTTTTTTTT7TT8
Ducker 120
Holts 125
Leary 129
Williamsburg 135
Arlington 142
Cowarts 149
Blakely 156
Hilton 166
Columbia 169
44
THE CENTRAL RAILROAD SYSTEM Continued
CHATTANOOGA DIVISION INCLUDING THE CHATTANOOGA ROME AND COLUMBUS AND THE SAVANNAH GRIFFIN NORTH ALABAMA RAILROADS
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H Lf N O the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and oyer 50r Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Distance Table
Chattanooga O
Mission Ridge 7
Crawfish Springs 13
Rock Spring 18
LaFayette 27
Martindale 33
Trion 39
Summerville 45
Raccoon Mills 48
Lavender 67
Rome 77
East Rome 78
Silver Creek 84
Summit 90
Cedartown 99
Buchanan 120
Kramer 128
Mandeville 133
Carrollton 140
Whitesburg 154
Sargents 159
Newnan 165
Sharpsburg 175
Turin 176
Senoia 18 j
Brooks 188
Dunns 190
Vaughns 192
Grilli ii 200
UPSON COUNTY BRANCH
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N O the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50r Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Distance Table
Baraesvilie Wilkinsons Middlebrooks
O Fambros 2 The Rock 4
6 Stamps
8 Thomaston
12
16
45
THE CENTRAL RAILROAD SYSTEM Continued
ATLANTA DIVISION
I
PASSENGERGlass AThree Cents per Mile
Freight
On Classes 1 2 3 4 5 6 A E G H L N 0 the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
0n Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Distance Table
Macon O Barnesville 43 Love joys 76
Summerfield 8 Milner 49 Jonesboro 82
Bolingbroke 15 Orchard Hill 54 Morrows
Smarrs 22 UrifHn 60 Forest 90
Forsyth 27 Sunnyside 67 East Point 97
Colliers Gogsrins 32 Hampton 38 71 Atlauta 03
BUENA VISTA ELLAVILLE DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N O the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Distance Table
Americus 0 Buena Vista 28 Halloca 48
LaCrosse 9 Zelobee 36 Ochillee 53
Ellaville 14 Hlenalta 38 Mnscopee 61
Putnam Wiggins ville 21 Cherokee 24 42 Columbus 64
46
THE CENTRAL RAILROAD SYSTEM Continued
AUGUSTA KNOXVILLE DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT J
On Classes 1 2 3 4 5 6 A B E G H K L M N 0 and B for forty miles and under the Standard Tariff with fifty per cent added for seventy miles and over forty miles the Standard Tariff with forty per cent added for one hundred miles and over seventy miles the Standard Tariff with thirty per cent added over one hundred miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For fifty miles and under Class L for one hundred miles and over fifty miles Class L less five per cent
Over one hundred miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
O Maysville 12 Sneads 15
8
COLUMBUS ROME DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N 0 the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
0n Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
Qn Lime and Ice Class L with ten per cent added
Distance Table
Columbus O Cataula 16 Chipley 35
Nances 7 Kingsboro 20 W Sul Springs 24 Stinsons 37
Fortsons 11 Hamilton 40
Hines Rehoboth 13 Hood 15 32 Greenville 50
Augusta Morris
47
THE CENTRAL RAILROAD SYSTEM Continued
SAVANNAH WESTERN DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N 0 the Standard Tariff with weniyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
0n Coal and Coke
For 50 miles and under Class L
For 100 miles and over 50 Class L less 5 per cent
Over 100 miles Class L less 10 per cent
On Lime and Ice Class L with 10 per cent added
Distance Table
Savannah 0 Daisy
Meldrim 17 Claxton
Cuyler 19 Hagans
Ellabelle 24 Manassas
Pembrook 32
44 Collins 61
48 Ohoopee 70
50 Lyons 74
54 Helena iia
48
RICHMOND DANVILLE SYSTEM
ATLANTA CHARLOTTE AIRLINE DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
To Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R add ten per cent to Commissioners Standard Tariff
To Classes C D F J and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Distance Table
Atlanta 0
Goodwins 11
Goswell Junction 13
Doraville 15
Nor cross 20
Duluth 26
Suwauee 31
Buford 37
Flowery Branch 44
Odells 47
Gainesville 53
New Holland 55
W Sul Springs 59
laila 66
Belton 67
Longviewr 74
Cornelia 78
Mt Airy 80
New Switzerland 83
Ayersville 87
Toccoa 93
Travis 96
Tugalo 99
GEORGIA PACIFIC DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
To Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R add ten per cent to Commissioners Standard Tariff
To Classes C D F J and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Distance Table
15 Villa Rica 38
18 Temple 45
21 Bremen 54
26 Waco 56
32 Tallapoosa 64
Atlanta
Howell
Peyton
Chattahoochee Concord
O Mableton
3 Austell
7 Salt Springs
8 Douglasville
12 Winston
49
EICHMOND DANVILLE SYSTEM Continued
NORTHEASTERN DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
To Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R add ten per cent to Commissioners Standard Tariff
To Classes C D F 1 and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Distance Table
O Harmony Grove
7 Nicholson
13
Lula
Gillsville Mays ville
20 Center 31
27 Athens 39
JELBERTON AIRLINE DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
To Classes 1 2 3 4 5 6 AJB E G H K L M N O and R add ten per cent to Commissioners Standard Tariff
To Classes C D F J and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Toccoa O
Eastanollee 8
Martins 12
Lavonia 18
Distance Table
Bowersville
West Bowersville
Royston
Fellowship Church
24 Bowmans 38
26 Hard Cash 42
31 GossStore 46
34 Elberton 50
HARTWELL DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
To Classes 1 2 3 4 5 6 A B E G H K L M N O and R add ten per cent to Commissioners Standard Tariff
To Classes C D F J and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Distance Table
Bowersville 0 Hartwell
Exempt from operation of Rule I
10
50
RICHMOND DANVILLE SYSTEMC
LAWRENCEYILLE BRANCH
PASSENGERClass AThree Cents per Mile

FREIGHT
To Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R add ten per cent to Commissioners Standard Tariff
To Classes C D F J and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Distance Table
SuviraDee O Lttwriicevill 10
ROSWELL BRANCH
PASSENGERClass AThree Cents per Mile
FREIGHT
To Classes 1 2 3 4 5 6 A B E G H K L M N O and R add ten percent
to Commissioners Standard Tariff
To Classes C D F J and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Distance Table
Roswell Juncn O Roswell 10
Exempt from the operation of Rule 1
51
EAST TENNESSEE SYSTEM
EAST TENN YA GA E E PASSENGEEClass AThree Cents per Mile
FEEIGHT
On Classes 3 2 3 4 5 6 A E G H L N O the Standard Tariff with twentyfive per cent added
On B K M E the Standard Tariff with ten per cent added
On Glasses C D F J and P the Standard Tariff without percentage
On Eosin Class K less twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five rter cent fWAT TOO milna ninoo T lnn am a i
On Lime and Ice
Ohatnoga Ten
Tyners
Ooltewah
OBrien
Eed Clay Ga
Cohutta
Varnells
Waring
Dalton
Starks
Carbondale
Millers
Sugar Valley
Skelleys
Eeeves
Plain ville
Pinsons
Hermitage
Harpers
Koine
Atlanta Juncn
Silver Creek
Brice
Byrds
Seney
Hamlet 1
Eockmart
Vintns Switch Beattys Switch
Braswell
Macpherson
Howelton
Dallas
Eogers Switch
Hiram
Powder Springs
Austell
Mableton
Concord
Chattahoochee u Peyton
Class L with ten per cent
Distance Table
O Six Mile Siding Ga
10 Howell H
16 Atlanta
21 Eoseland
Constitution
27 Moores Mill
31 Ellenwood
35 Stockbridge
40 Flippen
46 McDonough
50 Locust Grove
53 Jenkinsburg
56 Jackson
61 Flovilla
63 Williams
67 Frankville
70 Juliette
72 Dames Ferry
76 Popes
80 Holton
82 Macon
85 Eeids
92 Phillips
93 Densons
94 Bullards
96 Adams Park
101 Westlake
104 McGriifis
106 Coleys
107 Cochran
114 Ha wkinsvl
115 Alice
118 Fraziers
122 Fews Mill
124 Carnes Mill
129 Dubois
134 Gress Mill
138 Dempsey
140 Woodwards
145 Eastman
146 Amoskeag Mills
147 Godwinsville Ga 304
150 Leitchs Mill 306
i5a Miller Shear
156 ers Mill 308
158 Chauncey 309
162 Harris Mitch
165 ells Mill 311
171 Mercers Mill 313
176 Longview 315
181 Paxtons Mill 317
188 Chapmans 319
193 McEae 320
198 Waff Booth
203 Cos Mill 321
206 McVille 325
212 Towns 330
218 Holland Whid
225 dons Still 335
227 Lumber City 337
232 Ocmulgee 338
a4a Haziehurst 342
251 Johnsonville 344
252 Graham 350
253 Pine Grove u 353
258 Prentiss 356
262 Baxley 359
268 Wheaton 363
273 Carters Mill 365
277 Surrency 369
281 Brentwood 374
aoi Satilla 379
285 En ville 383
286 Tesup 389
287 Bennetts Still a 394
289 Gardi 396
290 Pendarvis 399
292 Sand Hill 406
294 OBrien P O 411
298 Sterling 420
299 Old Depot 429
301 Brunswick 43a
EAST TEE NESSEE SYSTEM Continued
ROME DECATOR DIVISION

Freight and Passenger Ta rifl
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N O the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Distance Table
North Borne Ga O Lawrence Ala 23 Slackland Ala 43
Oreburg it 3 Cedar Bluff 28 Turkey town 49
Coosa l 13 Round Mountain 33 Gadsden 57
Earlev it 18 Leesburg 39 Attalla 1 62
Farril Ala 21
53
PLANT SYSTEM
SAVANNAH FLORIDA WESTERN DIVISION PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N O the Standard Tariff with twenty per cent added
On Classes B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke For fifty miles and under Class L for one hundred miles and over fifty Class L less five per cent over one hundred miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Savannah
Millers
Burroughs
Ways
Fleming
McIntosh
Walthourville
Johnston
Doctortown
Jesup
Screven
Patterson
Blackshear
Waycross
Glenmore
Argyle
Homer ville
Dupont
Stockton
Naylor
Valdosta
Ousley
Quitman
Dixie
Distance Table
Ga O Boston Ga 188
10 Thomas vi lie 1 200
12 Cairo 214
16 Whigham 221
24 Bainbridge Jnc 227
31 Fowltown Yu 236
38 Faceville 243
46 Recovery 249
1 52 Chat ta liocIVe Fla 258
57 Briganza Ga 104
1 68 Fort Mudge 111
78 Race Pond 116
87 Uptonville 124
96 Folkston 130
108 Boulogne Fla 136
116 Hilliard 142
122 Dyal 147
130 Callaliau 152
139 Dinsmore 160
144 Jacksonville 172
157 Forrest Ga 140
166 Staten ville 151
174 Jasper Fla 163
181 Marion 168
Suwannee Fla 172
Rixford 175
Live Oak 179
Padlock 184
PineMount 188
McAlpin 190
OBrien 197
New Branford 202
Fort White 216
Orion 226
Newnansville 233
Hague 238
Gainesville 249
Drew 222
hake City 232
OchlockneeGa 211
Meigs 219
Pelham 224
Camilla 232
Baconton 242
Hardaway 250
Albany 258
Bainbridge 236
54
PLANT SYSTEM Continued
BRUNSWICK WESTERN DIVISION
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N O the Standard Tariff with twenty per cent added
On Classes B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Brunswick Pyles Marsh
Jamaica
Waynesville
Atkinson
Lulaton
Bucks Still
Nahunta
Hoboken
Schlatterville Wayccoss Waresboro
Distance Table
0 Millwood 78 Vanceville 126
10 Red Bluff 82 Tifton 130
16 Pearson 90 Riverside 133
25 Kirkland 93 Hillsdale 137
28 Westonia 96 TyTy 139
32 Leliaton 98 Summer 145
34 Grays Mill 100 Poulain 148
36 Willacoochee 101 Isabella 151
45 Lees Mill 107 Willingham 155
50 Alapaha 112 Davis 161
60 Enigma 119 Albany m
67 Brdokfield 122
NOTEOn business interchanged between Savannah Florida Western and Brunswick Western and Alabama Midland Railroad Companies said roads should be considered as constituting but one and the same road and rates made on continuous mileage
5
PLANT SYSTEM Continued
ALABAMA MIDLAND DIVISION
PASSENGERClass AThree Cents per Mile
EREIGHT
On Classes 1 2 3 4 5 6 A E G H L N 0 the Standard Tariff with twenty per cent added
On Classes B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
0n Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Bainbridge 0 Brooklyn 16 Josephine 28
Brinson 11 Donaldsonville 21
END OF PLANT SYSTEM
56
ABBEVILLE AND WAYCOSS RAILROAD COMPANY
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R For 40 milesand under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles tho Standard Tariff with twenty per cent added
On Fertilizers LC L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Abbeville O Bowens Mill 13
ALABAMA GREAT SOUTHERN R R
PASSENGERClass AThree Cents per Mile
FREIGHT
To all Classes apply the Commissioners Standard Tariff
Distance Table
Morgan ville Trenton
0 Rising Fawn 6
14 Sulphur Springs
1
57
ALBANY FLORIDA NORTHERN RAILWAY
See Savannah Americus Montgomery R R
ATLANTA FLORIDA R R
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N 0 the Standard Tariff with twentyfive per cent added
On B K My R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
0n Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less 10 per cent
On Lime and Ice Class L with ten per cent added
Distance Table
Atlanta O Fayetteville 24 Meansville
E T y G June 2y Woolsev 31 Piedmont 60
Buchanan 5 Lowry 35 Topeka June 64
Haasville 9 Kail alali June 37 Yatesville 70
Riverdale 15 Zetella 40 Culloden 76
Selina 17 Williamson 45 Knoxville 89
Blalock 20 Zebulon 50 fort Valley 104
58
ATLANTA WEST POINT B B
PASSENGERClass AThree Cents per Mile
FREIGHT
To Classes 1 2 3 4 6 A B E G H K L M N O and R add ten per cent
to Commissioners Standard Tariff
To Classes C D F J and P apply the Commissioners Standard Tariff
Rosin Class K less twenty per cent
Distance Table
Atlanta O Powells 33 Whitfield 65
East Point 6 New nan 39 LaGrange 71
Red Oak 12 Pucketts 45 Gabbettville 80
Fairborn 18 Grantville 51 West Point 87
Palmetto 25 Hogans ville 58
AUGUSTA SOUTHEBN
Formerly Augusta Gibson Sandersville R R
PASSENGERClass AThree Cents per Mile FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers E C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Augusta 0 Keys ville
Gary 5 Noah
Adventure 7 Mathews
Gracewood 9 Wrenns
Richmond 11 Stapleton
Hephzibah 15 Avera
Bath 19 Gibson
Blythe 22
26 Melle Springs 55
30 Mitchell 59
32 Hines 61
36 Chalker 64
41 Warthen 70
45 Young 77
51 Sandersville 80
59
BLUE EIDGE ATLANTIC E K
PASSENGERClass CFive Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R for 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke for 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Cornelia O Analdale 12 Turnerville 17
Clarkesville 8 Ebenezer 14 Tallulah Falls 22
BOSTON AND ALBANY RAILROAD COMPANY
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R for 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
sOn Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
4On Coal and Coke for 50 miles and under Class L for 100 miles and over fifty miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard J ariff with ten per cent added
Distance Table
Round Lake
Lake
Spanglers
Prepay
0 McNairy 2 Massey 4
6 Boyles Hollow 12
8 McDonald 15
60
0HATTAN00A SOUTHERN RAILWAY COMPANY
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N Oand R the Commissioners Standard Tariff with 40 per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less 20 per cent
Chattanooga Tenn Thurman Rock Creek Ga Flintstone Moons
Eagle Cliff Wessboro Lisbon
Henrys Cooper Hgts
Distance Table
0 Cassandra Ga199 Chesterfield Ala
56 Kensington 218 Chance
76 Estelle 239 Taff
84 Bronco 315 Blue Pond
89 Dickson 330 Yellow Creek
98 McConnell 350 Whittens
118 Harrisburg 381 Coxs
141 Chelsea 427 Wilsons
161 Menlo 459 Gadsden
182
500
551
597
688 704 736 775838 917
CITY SUBURBAN R R
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R for forty miles and under the Standard Tariff with fifty per cent added for seventy miles and over forty miles the Standard Tariff with forty per cent added for one hundred miles and over seventy miles the Standard Tariff with thirty per centadded j over one hundred miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke for 50 miles and under Class L for 100 miles and over 50miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Savannah 0 Isle of Hope 7 Burnside 12
Thomas 2 Cedar Hammock 85 Beaulieu 12
Pritchards 4 Bethesda 10 Montgomery 12
Sandfly 6
61
COLUMBUS SOUTHERN R R
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K M N O and ft for 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 mi es the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
0n Coal and Coke for 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 milps Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Columbus 0
Ochillee li
Psalmonds 15
Cusseta 19
Manta 24
Green Hill 28
Brooklyn 32
Richland 39
Kimbrough 45
Weston 48
Parrotts 57
Dawson 93
Sasser 73
Oakland 77
PalmyraS3
Albany 88
DABIEN SHORT LIKE
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R for 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Iertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke for 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
0n Lime and Ice the Standard Tariff with ten percent added
62
DOVER STATESBORO R R
PASSENGERClass CFive Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E H and K Commissioners Standard Tariff with fifty per cent added
On Classes C D F G J L M N 0 and R Commissioners Standard Tariff with twentyfive per cent added
On Rosin Class K less twenty per cent
On Class P Commissioners Standard Tariff
Distance Table
Dover 0 Statesboro10
EAST WEST R R OF ALABAMA
Formerly Clierolcee
PASSENGERClass AThree Cents per Mile
Allowed 25 cents a minimum passenger chargePer Circular 153
FREIGHT
On Classes 1 2 3 4 5 6 A E G H L N 0 the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less 20 per cent
On Coal and Coke for 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
Distance Table
Cartersvil le Ga O Fish Creek Ga 29 Hebron Ala 84
Ladds 4 Cedartown U 37 Grays 87
Stilesboro 10 Berrys u 42 Ohatchie 89
McGinnis 12 Esom Hill ii 46 Francis 92
Taylorsville 14 17 Warners Ala 48 53 Singletons Ackers 94 95
18 57 Ragland too
Waddells 19 Cross Plains ii 62 Fair view 104
Rockmarr 2 E W June U 70 Broken Arrow 110
Pineville 25 Sul Springs a 78 Pell City 117
Goddards 27 Dukes i 81
GEORGIA R R
PASSENGERClass AThree Cents per Mile FREIGHT
To all Classes apply Standard Tariff
Augusta
Wheless
Belair
Grovetown
Forest
Berzelia
Harlem
Saw Dust
Dearing
Bonesville
Thomson
Mesena
Camak Warrenton Mayfield Culverton
Sparta
Devereaux Carrs
Distance Table
O Milledgeville 93
5 Browns loi
10 Haddocks 106
15 James m
16 Roberts 116
21 Maeon 125
25 Norwood 50
29 Barnett 58
go Raytown 32
37 Ficklin 68
43 Washington 76
4 7 Crawford vil le 64
H1 Robinsons 70
60 Uiow Point 76
67 vv oodvi zrrrr si
71 Bairdstown 83
79 Maxeys 89
83 Antioch 92
Lexington
Winterville
Athens
Greensboro
Oconee
Buckhead
Madison
Dorsey
Rutledge
Social Circle
Alcovy
Covington
Conyers
Lithonia
Redan
Stone Mountain
Clarkston
Decatur
Atlanta
98
108
116
83
90
96
103
107
111
119
125
130
140
146
150
155
160
165
171
GEORGIA CAROLINA NORTHERN RAILROAD 00
PASSENGERClass AThree Cents per Mile
FREIGHT
K L M N O and R add ten per
To Classes 1 2 3 4 5 6 A B E G F cent to Commissioners Standard Tariff lo Classes C D F J and P apply the Commissioners Standard Tariff Rosin Class K less twenty per cent
Joint Rates as prescribed in Rule No 30
ATLAiVTAInman
Park
North Decatur
Montreal
Tucker
Lilburn
Gloster
Distance Table
Lawrence ville
O Dacula
5 Auburn
9 jug tavehn
12 Statham
18 Bogart
23 McLeRoy
29 ATHENS 67
35 Hull 73
39 Five Forks 78
46 Comer 84
54 Carlton 89
58 Oglesby 94
63 ELBERTON 101
64
GAINESVILLE JEFFERSON SOUTHERN R R
PASSENGERClass AThree Cents per Mile
FREIGHT
CottonClass J
LumberClass P
Add twentyfive per cent to all other Classes except C D and I
Distance Table
Gainesville 0
Candler 7 7
Florence IO
Pendergrass 16
Jefferson 23
Hoschton Mulberry Jug Tavern Bethlehem
18 Camps
23 Monroe
27 Gresham
32 Social Circle
36
42
46
sa
GEORGIA MIDLAND GULF R R
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R For 40 miles and underthe Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over o miles Class L less five per cent over 100 miles Class L less ten per cent On Lime and Ice the Standard Tariff with ten per cent added
Columbus Ga
Flat Rock
Ellersville
Waverly Hall
Mulberry
Shiloh
Distance Table
O Nebula
11 Warm Springs
18 Woodbury
24 Jenkinsville
28 Williamsville
34
38 Concord 64
42 Stearnesville 72
52 Griffin SO
57 Pomona
60 McDonough 97
66
GEORGIA SOUTHERN FLORIDA R R
PASSENGERClass A Three Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over
mlleSl tre Jfndird Tariff with thirty Per cent added over 100 miles the Standard Tariff with twenty per cent added
nn ertizerS Ln Class K with ten cent added for anv distance
On Fertilizers G L Class M with ten per cent added for any distance
Un Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes 0 D F J and P the Standard Tariff without percentage
n Coai and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Macon Sofkee Avondale Wellston Bonaire Kathleen
Tivola
Grovania Elko Unadilla Pinehurst Findlay
Vienna
Richwood Cordele Wenona
O Arabi
7 Marion
11 Sycamore 16 Inaha
22 Chula
25 Tifton 29 Eldorado 35 Lenox
39 Sparks
44 Adel
49 Cecil
52 Hahira
57 Mineola
60 Valdosta 65 Dasher 70 Oceana
75 Melrose 167
85 J ennings Fla 171
88 Avoca U 176
92 Jasper U 180
98 Genoa iC 193
105 White Springs u 200
112 Suwanee Valiev u 204
118 Lake City u 210
126 Hagen u 220
128 Lake Butler u 222
134 New River u 238
139 Hampton ti 248
144 Brooklyn 256
150 Etoniah u 264
157 161 Palatka u 285

66
MACON AND BIRMINGHAM BAILEOAD COMPANY
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the
rStandard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
OhFertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P Standard Tariff without1 percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles ClassL less ten per cent
On Lime and Icethe Standard Tariff with ten per cent added
Distance Table
ltfn4Mn J O Montpelier25 Woodbury 75
Lizella 20 Thomaston 57 LaGranse X
LOUISVILLE WADLEY R R
PASSENGERClass CFive Cents per Mile
FREIGHT
CottonClass J
LumberClass P a
Add twentyfive per cent to all other classes except C D and I
Distance Table f
Louisville Aldred
0 Moxley 3 Joiner
5 Bethany 61 Wadley
67
MACON NORTHERN
Formerly Covington Macon
PASSENGERClass AThree Cents per Mile FREIGHT
On Classes 1 2 34 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and ovr 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per centadded
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R witli ten per cent added for any distance On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent Lime and Ice the Standard Tariff with ten per cent added
Macon
Masseys Mill Van Buren
Roberts
Morton
Grays
Franks
Barron
Wayside
Round Oak
Distance Table
0 Hillsboro 33
4 Adgates 36
7 Minnta 42
10 Monticello 45
15 Machen 53
17 Marco 57
21 Godfrey 61
23 Little Indian Tank 66
24 Madison 72
27
Florence 82
Florence Tank 83
Farmington 80
Gould 92
Watkinsville 95
Sidney 98
Whitehall 101
Athens105
N E Depot lOff
MIDVILLE SWAINSBORO RED BLUFF R R
Formerly IttidTille Swaiasboro and 3Ht Vernon
PASSENGERClass B Four Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke for 50 miles and under Class L for 100 miles and over miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Midville
Summertown
Wiggins
Modoc
10 Swainsboro 15
20
MACON DUBLIN SAVANNAH R R 00
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 45 6 A B E G H K L M N O and B For 40 miles tod under the Standard Tariff with fifty per cent added for 70 miles and oer 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty pet cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P te Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 5 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Macon
Swift Creek Dry Branch Pikes Peak Fitzpatrick
Distance Table
0 Solomon
4 Jeffersonville
9 Gallimore
12 Hughes
15 Allentown
17 Montrose
23 Elsie
27 Moore
31 Dutolin 33
37
42
48
54
69
MIDDLE GEORGIA ATLANTIC RAILROAD CO
PASSENGERClass BFour Cents per Mile
EREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R for forty miles and under the Standard Tariff with fifty per cent added for seventy miles and over forty miles the Standard Tariff with forty per cent added for one hundred miles and over seventy miles the Standard Tariff with thirty per cent added over one hundred miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For fifty miles and under Class L for one hundred miles and over fifty miles Class L less five per cent over one hundred miles Class L less ten per cent
On Lim and Ice the Standard Tariff with ten per cent added
Eatonton 0
Willard
Aiken ton 15
Distance Table
Machen
Shady Dale
Brough ton ville
18 Newborn 30
19 Carmel Junction 31
20 Covington 45
Gordon 0
Whiting 9
Midway 15
EATONTON BRANCH
Milledgeville 17
Merri wether 25
Dennis 30
Walkers Crossing 34
Eatonton 38
70
MARIETTA NORTH GEORGIA R R
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 34 5 6 A B E G H K L M N O P B the Standard Tariff with twentyfive per cent added
On Classes C D F and J the Standard Tariff without percentage
On Lumber and all articles embraced in Lumber Class P without percentage NoteNo percentages are allowed on Marble
Distance Table
Marietta O
Kerrs 4
Blackwells 6
Hoys9
Woodstock 12
Little Riyer 15
Lebanon 16
Holly Springs 18
Canton 25
Browns 27
Mabel 30
Ball Ground 37
Nelsons 42
Tate 45
Jasper 50
Talking Rock 56
Charles 64
Ellijav
White Path 76
Cherry Log 79
Blue Ridge 86
Mineral Bluff 90
State Line 99
KinsevSjNC106
Murphy JY C
mttTEN AND SOUTHERN RAILROAD COMPANY
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 12 3 4 5 6 A BE G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Millen South Millen Emmalane
Butts
Thiift
Simsville
Distance Table
0 JohnsonsWarehouse
1 Garfield
5 Longview
8 Hoods Crossing
11 Cowarts
12
14 Summit 21
15 Overstreet 23
17 Durdenville 25
18 Canoochee 28
19 Stillmore 32
71
OCONEE WESTERN R R CO
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E H and K Commissioners Standard Tariff with fifty per cent added
On Classes G L M N O and R Commissioners Standard Tariff with twenty per cent added
On Classes C D F J and P Commsssioners Standard Tariff
On Rosin Class K less twenty per cent
Distance Table
Dublin 0 Alcorns 16 Cypress 34
Hutchings 5 Chester 19 Hawkinsville 40
Spring Haven 10 Yonkers 23 Station 47
Dexter 13 Empire 28 Grovania 53
ROME R R
PASSENGERClass AThree Cents per Mile
FREIGHT
To all Classes apply Standard Tariff
Distance Table
RomeiO Bass 10 WooleyU 18
Freeman 5 Eves 12 Kingston 20
Dykes 7 Murchison 16
ROME DECATUR RAILROAD CO
See Eiiat Temi Va Ga E It Tariff
72
SANDERSYILLE TENNILLE R R
PASSENGERClass CFive Cents per Mile
FREIGHT
LumberClass P
CottonClass J
Add twentyfive per cent to all other Classes except C D and F
Distance Table
Tennille O Sandersville 3
SAVANNAH AMEBICUS MONTGOMEBY B E
Formerly Americas Preston Lumpkin
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Lyons 0 Copeland 61 Cobb 107
Appleton 3 Abbeville 65 Bagley 108
Vidalia 5 Wishart 70 DeSoto Ill
Mt Vernon 17 Rochelle 76 Leslie 113
Glenwood 22 Pitts 79 ParkerS
Verbena 24 Seville 83 Huntington 117
Alamo 29 Williford 85 Gatewood 120
Erick 33 Penia 89 Americus 125
Helena 39 Cordele 94 Plains 136
Oswald 44 Lees Mill 97 Preston 146
Milan 50 Coney 100 Richland 154
Horton 54 Clegg 102 Lumpkin 163
Rhine 58 Johnsons 105 Louvale 173
73
ALBANY FLORIDA NORTHERN RY
Division of S A II R R
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N 0 and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Class C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Albany O
Philemma 14
Oakfield 17
Distance Table
Warwick 22
Taylors 27
Wilkersons 34
Cordele 35
74
SAVANNAH TYBEE R R
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 1J 3 4 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent oyer 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Savannah 0 Palmetto8 Ocean House 18
LePageville 2 Estill16 Hotel Tybee 19
Debtford 3 Light House 16 Chatham 20
Bartow 4 Fusbers Point 17
SMITHONIA DUNLAP E E
Formerly Winterville and Pleasant Hill R R
PASSENGERClass CFive Cents per Mile
FREIGHT
LumberClass P
CottonClass J
To all other Classes except C D and F apply the Commissioners Standard Tariff with twentyfive per cent added
Distance Table
Winterville 0 Pleasant Hill 7
75
SYLYANIA E E
PASSENGERClass B Four Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A E H add fifty per cent to Commissioners Standard Tariff
On Classes B C D F G J K L M N O P R add twentyfive per cent to Commissioners Standard Tariff
Distance Table
Rocky Ford CRR O Zeagler 9 Waters 13
Williamson 5 Blackville 11 Sylvania 15
Woodcliff 7
TALBOTTON E B
PASSENGERClass CFive Cents per Mile
FREIGHT
LumberClass P
CottonClass J
Add twentyfive per cent to all other Classes except C D and F
Distance Table
BostickS W R R O Talbotton 7

UNION POINT WHITE PLAINS E E
PASSENGERClass AThree Cents per Mile
FREIGHT
Apply Commissioners Standard Tariff to allClasses
Distance Table
UnionPoint 0 Caldwell 5 Jarrellp 12
Junction 2 Siloam 7 White Plains14
76
WADLEY AND MT VERNON RAILROAD COMPANY
PASSENGER Class BFour Cents per Mile
FREIGHT
On Classes 1 2 3 4r 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty percent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Distance Table
Wsiilley O Hods 17 Adrian 27
Pinetucky 6 Ethel 22 Ricksville 29
Kite 15 Odomville 25
WESTERN ATLANTIC R R
PASSENGERClass AThree Cents per Mile FREIGHT
Apply Standard Tariff to all Classes
Distance Table
Atlanta O Allatoona 40 Calhoun 78
Bolton Bartow Iron Works 42 Resaca 84
Gilmore 10 Stegalls 43 Tilton 91
11 CartArm lie 48 Dalton lOO
Mclvors 12 Rogers 51 Mont Lily 104
Smyrna 15 Cass 53 Tunnel Hill 107
Marietta ao Kingston 59 Ringgold 115
Elizabeth 22 Cement 60 Gravsville 121
Big Shanty 29 Halls 64 Chickamauga Tenn 127
Acworth 35 Adairsville 69 Cincinnati Jc 13a
Ruby 37 McDaniels 75 Chattanooga 138
77
WAYCROSS AIRLINE R R CO
PASSENGERClass BFour Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
WRIGHTSVILLE TENNILLE RAILROAD 00
PASSENGERClass AThree Cents per Mile
FREIGHT
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Class C D F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 miles Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Tennille O
Peacocks Cut 5
Harrison 9
Donovan 13
Distance Table
Wriglitsville 16
Meadows Crossing 20
Lovett 23
Donalson 25
Bruton 27
Condor 32
Dublin 35
79
CLASSIFICATION
Agricultural Implements C L not less than 24000 pounds owners to load and unload
Agricultural Implements
L C L as Follows
Cleaners Cotton Seed
Condensers and Feeders Cotton Gin
CradlesiGrain set up3
Cradles Grain K D in bundles or boxed
Crushers Corn or Cob
Cultivators K D paeked
Cultivators set up 3
Cutters Ensilage Straw and
Hay set up
Cutters Ensilage Straw and Hay K Dand packed
Distributers Guano set up
Distributers Guano K D
Drills Grain set up
Drills Grain K D packed
Dusters Bran set up3
Dusters Bran K D packed
Elevators Hay
Evaporators Fruit
Evapbrators Sugar
Fans Wheat 3
Feeders and Condensers Cotton Gin
Forks Hay andManure
FurnacesEvaporator
Gins Cotton
Harrows and Harrow Frames
Harrow teeth packed
Hoes in bundles
Hoes without handles in barrels or casks
Horse Powers K D
Horse Powers Railroad or
Endless Chain
Hullers Cotton Seed Clover Incubators KD and packed
Knives Haypacked
Machines Hemp
Machines Smut
Machines NO S See Machines Middlings Purifiers3
cr
2 T 1
1
T 1
H
2
li 2 T 1 2 1
n
D 1 Tfi
1
2
3
4
3
4 2
4
n
D 1 2 1 3
T 1
0 R 1 C R
Mills Buhr stone Portable Mills Cane Corn Hominy and 3
6 Sorghum 3
Mills Fan 3 T 1
Mills Fan K D
Mills with Trains Sugar 3 T 1
1 Mills N 0 S Mowing and Reaping Machines 2
3 Binders and Harvesters
D 1 whether combined or separ
ate K D L C L 2
2 and partly boxed C L
20000 pounds 4
2 Mowing Reaping Machines
D 1 Binders and Harvesters whether combined or sep
1 arate set up if
Mowers Lawn Planters Corn and Cotton K i
1 D in bundles or boxes Planters Corn and Cotton set 2
1 up Plow Handles and other Wood n
D 1 in shape for Implements
boxed crated or bundled Plow Irons and Mold Boards 4
1 over 20 pounds each 4
1 i Plow Plates Points Wings
D 1 Castings and Steel same as Bar Iron
3 Plows Gang and Sulky 3 T 1
Plows set upN OS 1
Plows N O S K D 4
3 Presses Hay and Cotton set up D 1
4 Presses Hay and Cotton K D 4
Presses N O S 2
Rakes Hand in bundles 3
Rakes Horseset up D 1
Rakes Horse K D 1
3 Rollers Field and Road 3
Rollers Sugar 3
Scrapers Road and Pond 3
i Scythes in bundles 1
Scythes in boxes 2
Scythe Snaths 1
2 Separators 1
Shellers Corn 1
Shovels and Spades in bundles 3
D 1 Spreaders Manure set up n
O R
4
1
1
D 1
D 1 2
80
TARIFFS RULES AND CLASSIFICATION
G R
Spreaders Manure KD boxed 2
Sulky Plows3 T 1
Threshers and Separators 1
Trains Sugar3 T 1
Wheelbarrows Iron 3
Wheelbarrows Railroad 1
Wheelbarrows Wood set up D 1 Wheelbarrows Wood K D and packed or bundled 3
Accoutrements Military
Acids N 0 S
Acids Carbolic
Acids Dry
Acids Muriate and Sulphuric in carboys boxed L C L Acids Muriatic and Sulphuric
in carboys boxed C L
Acid Sulphuric in iron casks Acid Sulphuric in tank cars
Alcohol same as Liquor
Ale and Beer in wood estimated weights bbl 350 lbs half bbl 180 lbs quarter bbl 100 lbs eighth bbl 50
lbs L C L
Ale and Beer in wood estimated weights as above C L Ale Beer and Mineral bbls half bbls or kegs empty Estimated weight bbls 100 lbs bbl 50 lbskegs 30lbs Ale Beer and Porter in glass packed L C L securely wired and sealed or locked Ale Beer and Porter in glass packed C L securely wired
and sealed or locked
Ale Beer and Porter boxes returned with empty bottles Ale Ginger in glass packed securely wired and sealed or
locked L C L
Ale Ginger in glass packed securely wired and sealed or
locked C L
Almanacs and Trade Circulars
prepaid
Alum in barrels or casks
Alum N O S
Ammonia Sulphate of L C L Ammonia Sulphate of C L
Ammonia Waters
Ammonia Water Casks Returned empty
Ammunition N O S
Anchors
Antimony Crude
Antimony Metal
Anvils
D
D 1
O R Apples Green in barrels or boxes L C L C R
D 1 Apples Green in barrels or
D 1 boxes C L
Apples dried 4
1 Apple Butter 4
Argols in boxes bbls or casks Arsenic crude in kegs boxes 4
or barrels Asbestos in boxes kegs bags or bales L C L Asbestos in barrels or casks L 3
2
C L 6
Asbestos in bbls or casks CL L
4 Asbestos Cement L C L 4
Asbestos Cement C L L
Asbestos Ore L C L 4
2 Asbestos Ore C L L
Asbestos Packing in rolls or
4 cases L C L 3
6 Asbestos Packing CL Asbestos Roofing in rolls or 6
cases L C L 4
Asbestos Roofing C L Ashes and Meal Cotton Seed See Cotton Seed L
Ashes Wood B
4 Aspbaltum packed 5
Axes 5
E Axles and Wheels Car 6
Axles Carriage and Wagon of 6
Axle Grease B 6
Babbitt Metal 4
4 Bacon See Meats
Baggage Army Baggage Personal Effects in 1
E Trunks 1
Bagging in rolls N O S B
E Bagging1 N O S in bales Bagging Oil Press 1
Bags Burlap 6
Bags Cotton for Flour 6
Bags Gunny 6
Bags Paper 6
E Bags Traveling 1
Baking Povders 3
Bale Rope 5
Baling Twine 3
Band and Hat Boxes packed D 1
Barilla 3
Barilla Bark and Cob Mills Bark Ground in bags or bbls 4
N O S 5
Bark Tan in sack 5
Bark Tan C L 24000 lbs P
Barley any quantity D
Barley Pearl 3
Barrel and Box Material C L P
Barrel and Box MaterialLCL 6
HMHMNMMi
THE RAILROAD COMMISSION OF GEORGIA
Barrels half Barrels and Kegs empty except Ale and Beer 10 miles and under 8 cents 20 miles and oyer 10 miles 9 cents 40 miles and over 20 miles 10 cents 60 miles and over 40 miles 11 cents 70 miles and over 60 miles 12 cents For distance over 70
miles R
Barrels empty excepting ale and beer in car loads of
15000 pounds p
Barrels half Barrels and Kegs emptyAle and Beer estimated weights barrel 100 lbs half barrel 50 lbs keg30 lbs E Barrels Lime or Flour estimated weight 25 lbs 6
Barrels Paper in nests packed 2
Barrels Paper not nested4 T 1
Barytes L CL 6
Barytes C L p
Base Balls and Bats l
Baskets N O S D 1
Baskets Fruit C L not less than 20000 lbs to be charged
for R
Baskets in nests l
Bath Boilers 1
Bath Tubs Boxed i
Bath Tubs Unboxed D
Bath Tubs in nests 2
Bath Tubs folding wrapped or crated 4
Batting Cotton N O S 5
Beans in boxes 2
Beans in barrels or sacks D
Bed Cord 3
Bed Springs Woven and Wire 1
Beef Canned packed 4
Beef Fresh r
Beef Smoked in boxes or bids 4 Beef and Pork Salted in bar
rels estimated weight 300 lbs B Beef and Pork Salted in quarter and bbls actual weight B Beer and Ale in wood estimated weights bbl 350 lbs i bbl 180 lbs quarter bbl 100 lbs eighth bbl50lbs LCL 2 Beer and Ale in wood estimat
ed weights as above C L 4
Beer Ale and Minerals bbls half bbls or kegs empty
See Barrels r
Beer Ale and Porter in glass packed L C L securely wired and sealed or locked 2
Beer Ale and Porter in glass
O R
packed C L securely wired and sealed or locked 4
Beer Ale and Porter Boxes returned with empty bottles 4
Beer Ale an Ginger in glass packed securely wired and
sealed or locked L C L 2
Beer Ale and Ginger in glass packed securely wired and
sealed or locked C L 4
Bees in Hives D 1
Bee Smokers boxed 1
Beeswax 4
Beets in barrels 3
Bellows 1
Bells Bell Metal or Brassj 1
Bells Cast Iron 2
Bells Sheet Iron packed 3
Belting Leather 2
Belting Rubber 3
Berries Dried 4
Berries Green prepaid l
Billiard Tables and Billiard Table Beds boxed D 1
Binders See Machines
Binders Boards in Cases 2
Binders Boards in Bundles 5
Bird Cages boxed 3 T 1
Bitters in glass boxed or in
baskets N O S2 Tl
Bitters in wood N O S 1
Bitters Liquors Whisky Do ihestic Brandies and Domestic Wines in wood owners risk of leakage value limited to 75c per gallon and so endorsed on bill lading
Bitters Liquors and Whisky
in wood N 6 S 2
Bitters Liquors and Whisky in boxes or baskets 1
Blacking Shoe and Stove except in glass packed 4
Blacking Shoe or Stove in
glass packed
Black Lead in kegs or barrels
Blankets
Bleaching Salts
Blinds Doors andFrames C L Blinds Doors and Frames L C L
4
E
Blocks Pulley
Blocks Shuttle rough
Bluing
Blue Stone
Boats Row and Pleasure
Bobbins packed
Boilers Bath and Range
Boilers Engine or any part of Engines or Machinery C L 4 not less than 24000 lbs to be
charged for See Rule 14 4
81 O R
E
4
E
1
6
1
1
o
H
3
2
5
coiortiopq co co 1110 00 i1
82
TARIFFS RULES AND CLASSIFICATION
T cTR o R
Boiler Flues Copper and Brass
boxed
Boilers Sectional same as Boilers but not to be taken as
Castings 2
Boilers Steam 30 feet and over
See Rule 14 1
Boilers Steam under 30 feet
See Rule 14 g
Boilers Felting g
Bolts in Kegsf of g
Bolts in other packages 2
Boneblack 3
Bones and Bone Dust
See Rule 12 K
Bonnets same as Dry Goods
Book Cases Ironjra 5
Books 4
Boots and Shoes 1
Borax packed 4
Bottle Covers g
Bows and Shafts L C L 4
Bows and Shafts C L 20000
lbs to be charged for 5
Box and Barrel Stuff C L P
Box and Barrel Stuff L C L 6
See Barrel Material
Boxes Ale Beer and Porter returned with empty bottles 4 E Boxes Fruit and BasketsOL not less than 20000 lbs to be
charged for R
Boxes Fruit L C L 1
Boxes Cigar empty packed D 1
BoxesCrackerempty returned 1
Boxes empty including Egg
Crates L C L 1
Boxes empty including Egg Crates C L 24000 lbs to be
charged for A
Boxes empty N O S 1
Boxes Match wooden 2
Boxes Paper in nests packed 1
Boxes Paper not nested4 T 1
Boxes Folding K D packed 2
Boxes Postoffice Letter 2
Boxes Tobacco empty 1
Boxes Vehicles Iron boxed 4
BoxesVehiclesIron in barrels 6
Brackets Insulator 6
Brackets Wood N O finished and boxed 3
Brackets Wood in white made
of pine or other wood 3
Brandy in glass boxes or baskets N O SI5
Brandy in wood N O S
Brandy Liquors Whisky Domestic Brandies and Domestic Wines in wood owners risk of leakage value limited
C R O
to 75c per gallon and so endorsed on bill lading
Brandy Liquors Whisky in
wood N O S
Brandy Liquors Whisky in
boxes or baskets
Bran L C L
Bran C L 25000 lbs
Brass NO S in boxes barrels
or casks
Brass Bedsteads packed
Brass Bearings in boxes barrels or casks
Brass Flues
Brass Scrap loose
Brass Scrap packed
Brass Valves Boxed
Brass Vessels in boxes barrels
or casks
Bread
Brick Common and Fire See
Rule 12 C L 30000 lbs
Brick Common and Fire L C
L
Brick Bath
Brick Machines
Brimstone in boxes L C L Brimstone in barrels L C L Brimstone C L for manufacture of Fertilizers
Bristles
Britannia Ware
Broom Corn pressed in Bales
L C L
Broom Corn pressed in Bales
C L
Broom Corn and Broom Handles CL240001bs charged
for mixed
Brooms any quantity
KvnchPfi
Buckets N 6 S same as
Wooden Ware
Buckets Coal
Buckets Well
Buckwheat Flour
Buffalo Robes
Buggies See Carriages
Bungs
Burial Cases N O S
Burial Cases in Nests
Burial Cases K D
Burlaps
Burning Fluid
Burr Blocks Finished
Burr Blocks Rough
Butter in cans
Butter in kegs and firkins
Butter in buckets pails and
tubs
Butter Apple and other Fruits in wood
THE RAILROAD COMMISSION OF GEORGIA
Butterine and Oleomargarine
in cans
Butter and Oleomargarine in kegs and firkins
C K
O R
5
M
5
M
5
6 li 1 4
4
4
1
Cabbages packed 3
Cabbages loose C L 3
Cabinet Ware See Furniture
Cages Bird boxed 3 T 1
Cages Bird K D nested and
packed d 1
Cake Nitre L C L
Cake Nitre C L
Cake Oil See Cotton Seed
Cake Salt L C L
Cake Salt C L
Calcicake
Calicoes
Camphine
Camphor
Candles boxed
Candy See Confectionery
Canned Beef packed
Canned Goods N 0 S
Cannon
Cans empty N O S 3T 1
Cans empty racked or boxed l
Cans Tobacco empty 1
Caps and Hats 1
Caps Percussion 1
Capstans 3
Carboys empty d 1
Card Clothing packed 1
Cards Cotton and Woolen
Hand packed j
Cards Cotton and Woolen 1
Cards Playing 1
Cards Show Boxed 2
Carpeting well covered 1
Carpets Hemp and Rag 2
Carpet Lining 2
Carriages See Vehicles
Cars Logging SeeLoggingCars Carsstandard gauge on
wheels passenger coaches 20 cts per mile
box or stock 10 cts p m flat or coal 7 cts p m
Cars Horse3 T 1
Cars Hand Lever and Crank
Railroad K D 2
Cartridges Metallic 1
Cases and Crates Egg L C L 1
Cases and Crates Egg C L
24000 lbs to be charged for A
Cases Show 4 T 1 3T1
Casks Iron Ammonia Water
Naphtha etc returned ety 6
Gsssift g
Castings Iron See Iron
C R
Castings Plaster HI
Cast or Pom ace
Catsup in wood
Catsup in glass boxed
Cattle Hogs Sheep etc C L
without percentage
Cattle Hogs SheepetcLCL
Rule 20 without perctage
Caustic Soda in Iron Casks
Cement in barrels C L
Cement in barrels L C L
Cement Glue packed
Chain Cotton Woolen and
Hempen
Chains Iron loose
Chains Iron Cable
Chains Iron in casks barrels
boxes or kegs
Chairs See Furniture
Chalk
Chalk Crayons
Chalks Prepared
Charcoal in bbls or casks l
Charcoal in barrels or casks C L not less than 24000 lbs
to be charged for
Checks Rule 1 without percentagejj
Cheese
Cheese Safes or Covers boxed
Chestnuts prepaid
Chests Commissary
Chests Ice
Chicory
Chimogene same as Oil Coal
China Ware
Chloride of Lime in bbls or
casks
Chloride of Lime in barrels or
casks N O S
Chocolate
Chromos same as Paintings
Chufas L C L
Chufas C L
Churns
Cider and Vinegar in barrels
or kegs
Cider in glass packed
Cider Mills and Presses
Cigar Lighters
Cigars boxed and strapped or
corded and sealed
Cigars not packed as above
not taken
Cigar Boxes empty
Citron
Clay in boxes barrels or casks
L C L
Clay C L See Rule 12
25000 lbs
Clay Burnishing packed
1
6
4 1
5
B
2
4
1
1
HI
2
B
P
5
M lj CO a 05 O CH M 4 Ol Ol OlMtC t5 W t105 fcO CO t0
84
TARIFFS RULES AND CLASSIFICATION
Clay Fire L C L
Clay Fire C L See Rule 12
25000 lbs
Clay German
Cleaners
Clocks boxed
Clock Weights packed
Clothes Lines
Clothes Pins
Clothes Wringers
Clothing
Clothing Card
Clothing Rubber
Clover and Grass Seed C L Clover and Grass Seed L C L
Clover Hullers
Coal and Coke L C L in
boxes barrels or bags
Coal and Coke C L See note at the end of Classification
Coal Buckets
Coal Oil See Oil
Coal Tar in bbls L C L
Coal Tar 0 L Rule 12
Cocoa
Cocoa Matting
Cocoanuts packed or sacked
L C L
Cocoanuts packed or sacked
C L
Cocoa Oil
Codfish See Fish
Coffee Extract or Essence of
Coffee Green single sacks
Coffee Green double sacks Coffee Ground or Roasted in
sacks
Coffee Grnd in boxes or bbls Coffee Roasted in boxes or
barrels
Coffee Mills
Coffins N 0 S
Coffins in nests
Coffins K D
Coffins Metallic
Coke in boxes barrels or
casks L C L
Coke in boxes barrels or casks C L See note at end
of Classification See coal
Collars Horse See Saddlery
Collars Paper packed
Cologne
Commissary hests and Stores
Compounds Washing
Compounds Polishing
Condenser
Confectionery Candy value limited to 6 cents per lb and so specified on Bill of Lading Confectionery Candy value limited to 20 cts per lb and
O R u R o
so specified or Bii of Lading 3
Confectionery N G S 1
Coolers and Inters W ater bxd 1
Copal 2
1 Copperas in barrels or casks 5
Copperas N O S 4
Copper and Brass in boxes
barrels or casks 3
Copper and BrassScrappackd 5
Copper and Brass Scrap loose 4
Copper and Brass V essels in
boxes barrels or casks 2
Copper BottomsCopper Plates
Sheets Bolts Wire and Rods 3
Copper Flues 2
LJ 1 Copper Ingots Pigs and Matts 4
Copper Ore C L 25000 lbs P
J Copper Ore L C L 6
Copper Stills worm crated 1
J Copying Presses 2
L Cordage 3
Cork 1
3 Corn Starch 3
Corn D
1 Corn Flour L C L 4
2 Corn Flour C L not less than
20000 C
5 Corn Seed in boxes 2
Corn and Cob Crushers 3
6 Corn Meal C
2 Corsets 1
Cotton in bales J
2 Cotton Baskets Pat combina
4 tion of cloth woodknocked
6 down and packed together 6
Cotton Batting in lots of 100
3 bales of 50 pounds each 6
5 Cotton Batting N 0 S 5
Cotton Duck 1
5 Cotton Flour Sack Material
2 known as print cloth in
1 bales uncovered 1
1 2 Cotton Linters or Regins J
3 Cotton Seed L C L same as
2 Fertilizers L C L
Cotton Seed valuable for
A planting less than 2000 lbs 3
Cotton Seed valuable for
planting L C L over 2000
L lbs 6
Cotton Seed and Cotton Seed
1 Hulls in carload lots of not
1 less than 20000 lbs per Rule
l 1 G
4 Cotton Seed Meal Ashes and
3 Oil Cake L C L K
2 3 Cotton Seed Meal Ashes and
Oil Cake C L M
Cotton Seed Mills 2
4 5 Cotton Seed Oil any quantity
Rule 1 Si
Cotton Softener Liqd in bbls 4

THE RAILROAD COMMISSION OF GEORGIA
O E
Cotton Waste in bales sacks
crates or hhds Rule 1 R
Covers and Safes3 T 1
Covers Bottle Paper Straw or Wooden packed or pressed
in bales 1 3
Covers Wooden 1
Cracklings 4
Crackers 5
Cradles Grain set up3 T 1
Cradles Grain K D in bundles or boxes 1
Cranberries 3
Crates and Cases Egg L C L 1
Crates and Cases Egg C L
24000 lbs to be charged for A
Creameries3 t 1
Cream Tarter in boxes or kegs 2
Cream Tarter in barrels or
hogsheads m
Crockery same as Earthenware
Croquet Sets in boxes 2
Cross Arms 0
Crow Bars 5
Crucibles 4
Crushers 3
Crystals Washing 5
Cultivators K D packed 1
Cultivators set up3 T 1
Currants 2
Cutch 4
Cutlery 4
Cutters set up4
Cutters K D packed 3
O E
D 1 2
D 1
2 D 1 3
D
Dates 2
Deer boxed3T 1
Deer Skius pressed in bales 2
Deer Tongue in bbls or boxes 1
Deer Tongues in bales 3
Demijohns See Glass
Denims Rule 1without prctge 6
Desiccated Meats Vegetables 4
Detergent 4
Disinfectants in glass packed 1
Disinfectants N 0 S in bbls 4
Distributers set up 41 4
Distributers K D See Agricultural Implements 2
Domestics Denims Sheetings Shirtings Tickings Cotton Jeans Checks Cotton Rope Thread Yarns and other factory products Rule 1
without percentage
Doors Iron 4
Doors and Frames L C L 3 4
Doors and Frames C L B
Drawers and Shirts Unlaundried entirely of Cotton without percentage and per
G E
Rule 10
Drills Grain set up L
Drills Grain packed 2
Drugs and Medicines N O S 1
Drums3 T 1
Dry Goods JSL O S 1
Dry Goodi in boxes or bales 1 Dry Goods in trunks crated
or strapped 1
Dry Goods in trunks corded
or wrapped l
Dry Goods in trunks not
corded or wrapped D1
Duck Cotton 4
Dusters set up3 T1
Dusters K D packed 2
Dye Liquid or Wood Liquor
in barrels 3
Dye Stuff in boxes or barrels 1 Dye Woods in boxes or bbls 2
Dye Woods in stick 4
E
Earthenware Jugware or
Stoneware loose 1
Farthware Jugware or Stoneware in boxes bbls or casks 2
Earthware Jugware or Stoneware in crates or hogsheads 4
Earthware Jugware or Stoneware loose C L 20000 lbs 4
Common Jugware C L O
Egg Cases and Crates L C L 1
Egg Cases and Crates C L
24000 lbs charged for A
Eggs packed 1
Electric Light Carbonspacked
L C L 2
Electric Light Carbons packed
C L 3
Elevators l
Emery value 4 cents per lb 3
Emery N O S 2
Engines Boilers or any part of Engines or Machinery C L not less than 24000 lbs to be charged for See Rule 14 4
Engines Caloric FirePortable and Stationary See Rule 14 2
Epsom Salts C L R
Equipage Military Camp
Garrison and Horse 1
Essences See Extract
Evaporators Fruit 1
Evaporators Sugar See Agricultural Implements D1
Excelsior made from Georgia pine pressed in bals LCL 4
Excelsior made from Georgia pine C Lminimum weight
10000 lbs 6
Exhibitors boxed or crated3 T 1
86
TARIFFS RULES AND CLASSIFICATION
Exhibitors woven or crated
Explosives L C L
Explosives C L 5000 lbs or
over
Extinguishers Fire hand
glass or grenade packed
Extinguishers Fire on wheels Extract Bark for tanning in
wood
Extract Bark for tanning in
glass packed
Extract of Indigo in barrels
Extract of Logwood
Extract of Logwood Dry C L Extract of Malt in glass
packed same as Ale
Extract or Essence of Coffee Extract and Essences N 0 S
C R D 1 D 1
1
O R 1
14
D 1
1
li
5
2
3
2 4
4
2
1
F
Facing Iron and Coal in bhls 4 Factory sweepings and cotton waste in sacks bales crates
or hhds Rule 1 R
Fans in boxes D 1
Fans Fly boxed 3
Fans Palm Leaf pressed 1
Fans Wheat 3T1
Farina 2
Faucets boxed 2
Feathers D 1
Feeders 2
Felloes L C L 4
Felloes C L 20000 lbs to be
charged for 5
Felt Roofing 5
Felting 2
Fence Wire and Wood combination i 5
Fencing 3
Fenders Iron Plow T
Fertilizer C L per Rule l
without percentage M
Fertilizer L C L without
percentage per Rule 1 K
Fibre Palmetto and Pine
pressed in bales 6
Figs in drums 1
Figs in casks or boxes 2
Figures not Iron packed3 T 1
Filters boxed 1
Finding Shoe 1
Firearms 1
Firecrackers and Fireworks
packed so marked 1
Fire Extinguishers hand
packed 14
Fire Extinguishers on wheels D 1
Fish N O S in cans boxed 4
Fish Pickled or Saltedin bbls
half barrels kegs or kits 6
Fish Dry Salted etc packed 5
Fish Dry Salted in bundles 2
D 1 3
5
D 1 1
14
o
r7
O
Fish Fresh B
Fish Sardines and other Small Fish canned in pickle or oil
packed 2
Fish Smoked m boxes 2
Fishing Rods D 1
Fittings Iron Pipe in boxes 2
Fittings Iron Pipe in kegs
casks or barrels 6
Fittings Iron Pipein bundles
wired D 1
Fixtures Gras packed 2
Fixtures Grate packed 2
Fixtures Grate loose 14
Fixtures Tobacco 4
Flax pressed in bales 3
Flax Seed 4
Flour in barrels estimated weight 200 pounds F
Flour in sacks C
Flour Buckwheat 6
Flour Corn L C L 4
Flour Corn C L not less than 20000 lbs to be charged for C
Flour Sack Material 6
Flour Selfraising in packages C
Flues Copper and Brassboxed 2
Flues Iron 4
FluorSpar L C L 6
FluorSpar G L M
Fly Fans boxed 3
Fodder See Hay
Foil Tin in boxes 2
Food Preservatives packed 3
Forges Portable 3
Forks 3
Fountains Soda fully boxed 3 T 1 Fountains Soda not taken unless fully boxed
Fowls dressed B
Fowls live in coop C L
Fowls live in coops L C L 1
Frames Bedwrapped or crated 2
Frames Door and Window L
C L 3
FramesDoor and WindowCL B
Frames for Pictures Mirrors Looking Glasses boxed or
crated 14
Frames loose or in bundles3 T 1
Frames Mounted with Mirrors
or Looking Glasses when shipped separately from
other Furniture3T1
Freezers Ice Cream 1
Fruit in cans boxed N O S 4
Fruit in Glass packed 1
Fruit Berries Dried 4
Fruit Berries green prepaid
Fruit Boxes and Basket LCL 1
Fruit Boxes and Basket C L not less than 20000 lbs to be charged for R
R
3
1
1
N
2
3
4
1
D 1
D 1
3
1
THE RAILROAD COMMISSION OF GEORGIA
87
Fruit Dates 2
Fruit Dried Currants 2
Fruit Dried N 0 S 3
Fruit Dried Apples and
Peaches 4
Fruit Green N 0 S prepaid
or guaranteedI
Fruit Apples Peaches not dried and other green fruit in barrels or boxes L C L Fruit Apples Peaches not dried and other green fruit
in barrels or boxes C L
Furnaces Evaporators
Furs N O S Skins and Peltries See Skins
Furs in bags3 T 1
Furs in boxes bundles and
trunks strapped D1
Fuse D1
Furniture Classification
Furniture when in car loadsas follows not less than minimum weight to be charged for excess in proportion viz
Bedsteads manufactured of Pine Poplar or other common woodsfinished or in the white minimum weight
15000 pounds
Bedsteads manufactured of Walnut Mahogany Rosewood Chestnut or other hard woods minimum
weight 15000 pounds 2
Furniture all articles of Furniture N O S when manufactured of Pine Poplar or other common woods minimum
weight 15000 pounds 3
Furniture all articles of Furniture N O S when manufactured of Walnut Mahogany Rosewood Chestnut or other hard woods minimum
weight 15000 pounds 2
Furniture when in less than car loads and when manufactured of Pine Poplar or other common woods as follows
Beds Folding wrapped or
crated i
Bed Springs woven and wire 1
Bedsteads wrapped or crated 2
Bureaus wrapped or crated 2
Bureau Glass Framesin bndls 1
Chairs Cane Split and Wood Seat set up
O K Chairs Cane Split and Wood O K O K
3 Seat packed in pairs Chair Stuff K D in bundles 2
or boxes 3 4
6 Cots set up 1 2
Cots K D or folded 2 3
3 Cribs K D or folded 2 3
Desks wrapped or crated Furniture N O S set up 1 2
B wrapped or crated Furniture N O S K D n 1
boxed crated or wrapped 2 3
O Hall Stands wrapped or crated 2 3
Lounge Frames set up If 1
Lounge Frames backs taken off 1 2
Safes Kitchen set up 1
Safes Kitchen K D 1 O
School Desks and Seats set up 2 3
School Desks and Seats K D Settees same as chairs 3 4
Tables wrapped or crated 1
Tables K i flat Table Legs Slides Leaves and 2 3
Supports Wardrobes set up wrapped or 2 3
crated Wardrobes K D wrapped or if 1
crated 2 O
4 Washstands wrapped or crated Furniture when in less than car loads and when manufactured of Walnut MahoganyRosewood and Chestnut or other hard woods as follows viz Beds Folding wrapped or 2 3
crated 1 2
3 Bedsteads wrapped or crated 1 2
Bookcases wrapped or crated if 1
Bureaus wrapped or crated Bureau Glass Frames in bun 1 2
dies 1 2
4 Chairs Camp and Folding Seat Chairs K D in bundles or 1 1
boxes Chairs N O S set up 3 4
wrapped or crated If 1
Chairs Opera Iron packed Chairs Rattan and Willow Chairs Cane Split and Wood If 1
3 If 1
Seat set up Chair Stock K D in bundles 1
or boxes 2 3
Cots set up If 1
Cots K D or folded 2 3
2 Cribs K D or folded 1 2
3 Desks wrapped or crated Furniture N O S set up 1 2
3 2 wrapped or crated Furniture N O S K D D 1 If
boxed crated or wrapped 1 2
1 Hall Stands wrapped or crated 1 3
88
TARIFFS RULES AND CLASSIFICATION
CR
Hat Racks K D or folded 1
Hat Racks wrapped or crated 14
Lounges upholstered backs
taken off 14
Lounges Willow or Rattan 14
Lounge Frames set up 14
Lounge Frames backs taken off 1
Marble for Furniture boxed
or crated 1
Mattresses Hair 1
Mattresses Excelsior Straw
Shuck or Cotton 3
Mattresses Wire 1
Mattresses 2
Parlor Frames 14
Refrigerators 2
School Desks and Seats set up 1
School Desks and Seats K D 2
Settees same as Chairs
Sideboards wrapped or crated 14
Sofas and Teteatetes wrapped
or crated 14
Spring Beds set up 14
Spring Beds folded 1
Spring Beds K D packed 2
Tables set up wrapped or
crated D 1
Tables K D Flat 1
Table Legs Slides Leaves and
Supports 2
Wardrobes setup wrapped or
crated D 1
Wardrobes K D wrapped or
crated 1
Washstandswrapped orcrated 1
c
Gambia 4
Game See Poultry
Gasoline See Oil
Gauges Steam 1
Gelatine 1
Generators Gas 3
Ginger Ground in boxes 2
Ginger in bags 3
Gins 2
Ginseng 1
Glass Stained or Signs3 T 1
Glass Bottles and Tumblers
common packed 2
Glass Carboys empty D 1
Glass Chimneys 2
Glass Demijohns empty not packed4 T 1
Glass Demijohns filled not packed or boxed not taken Glass Demijohns filled boxed GlassDemijohns epty packed D 1 Glass Floor Lights rough and
heavy 5
Glass Fruit Jars common packed any quantity 4
o R 2 1
1
1
1
2
1
3
2
3
1
1
3
14
2
3
14
2
2
3
4
4
3
4
3
3
14
5
C R OR
Glass Insulators packed 4
Glass Lanterns packed 1
Glass Oil Cans with metal
jackets packed 1
Glass Plate 7xl2feet or under D 1
Glass Plate over 7x12 feet3 T 1 D 1
Glass Roofing and Skylight
not Window Glass 2
Glass Stained or Signs3 T 1 D 1
Glass Vault Lights rough and
heavy 5
Glassware fine cut or engraved D 1 1
Glassware N 0 S 2 3
Glass Window 14x16 inches
and under 4
Glass Window over 14x16
inches and not over 32x44 in 2
Glass Window over 32x44
inches D 1
Glucose in half bbls bbls or
hhds Rule 11 R
Glue 3
Glue Scrap 5
Glycerine in cans boxed or in
barrels 1
Glycerine in iron tanks or csks 3
Glycerine Nitro plainly labeled L C L 4 T 1
Glycerine Nitro plainly labeled C L3 T 1
Grain D
Granite See Stone
Granite Roofing packed 6
Grapes in bundles boxes or
crates L C L B
Grapes C L O
Grate Bars L C L of 6
Grate Bars C L M
Grate Baskets packed 2
Grate Baskets loose 1
Grate Fixtures packed 2
Grate Fixtures loose 14
Grates completely packed 2
Grates completely loose 14
Grave Stones packed and prepaid D 1
Grease Axle 6
Grease Car in barrels 6
Grenades packed 14
Grindstones 6
Grits Corn in barrels F
Grits Wheat in barrels 5
Grits in boxes 2
Groceries N 0 S 2
Guano L C L K
Guano C L M
Gum Camphor 1
Gum Copal Kowrie and Shells 2
Gums N 2
Gunny Bags 6
THE RAILROAD COMMISSION OF GEORGIA
89
C R
Gunpowder L C L D 1
Gunpowder CL5000 or over 1
Guns Rifles 1
Gypsum Land Plaster Fertilizer L C L K
Gypsum Land Plaster Fertilizer C L M
Gums Chewing 1
Hair in sacks l
Hair Cattle for plastering
pressed in bales 6
Hair Curled pressed in bales
and Hair Rope 2
Hair Goods manufactured
packed in boxes D 1
Hames in bundle or packed 3
Hammocks and Fixtures li
Hams B
Handles N O S boxed or
crated 5
Handles Broom boxed or
crated L C L 4
Handles Broom C L not less than 24000 pounds to be
charged for o
Handles Broom and Brooms Corn C L mixed same as
above
Handles Plow boxed crated
or bundled
Hangers
Hardware boxed N O S
Harness
Harness in bundles
Harrows
Hats arid Caps same as Dry
Goods
Haversacks
Hay Fodder and Straw pressed in bales C L or over minimum weight 20000 lbs to car load all excess to be charged for at proportionate
rates D
Hay Fodder and Straw pressed in bales L C L R
Heading L C L 6
Heading C L p
Head Lights boxed D 1
O R
Hearses KD boxed or crated
Heaters Steam packed 4
Heaters Steam not packed 2
Hemp in bales 3
Herbs value not over 10c prepaid 4
Herbs value over 10A prepaid 3
Hessians in original bales 0
Hides Dry loose
Hides Dry in bales 3
e R
Hides Dry in bales comprsd 4
Hides Greeni1 4
Hides Green salted 5
Hinges and Hooks in barrels
or casks 3
Hinges and Hooks in boxes 2 Hives Bee empty set up 1
Hives Bee K D crated 6
Hobby Horses entirely boxed
or crated D 1
Hobby Horses unboxed4 T1
Hoes in bundles 3
Hoes without handles in barrels or casks 4
Hods Coal l
Hollow Ware loose L C L 1
Hollow Ware loose shipped separately from Stoves CL not less than 15000 pounds
to be charged for 3
Hollow Ware packed 3
Hominy except in boxes C
Hominy in boxes 2
Honey in glass or tin boxed 1
Honey in comb boxed 1
Honey in barrels or kegs 1
Honey Extractors crated 1
Honey Section Boxes and Frames in crates or boxes 3
Hoofs and Horns
Hoop Ironf of 6
Hoop Poles B
Hoop Skirts D1
Hoops Barrel wooden same
as Box Stuff
Hoops Truss Coopers 1
Hops baled 2
Hops in boxes 1
Horns
Horse and Mule Shoes in kegs 6
Horse Powers K D 2
Horse PowersRailroad or Endless Chain lj
Hose Carriages See Vehicles
Hose Leather 2
Hose Rubber 3
Hospital Stores 1
Household Goods and old eg Furniture packed value over 5 per 100 poundsand full value expressed in bill H of lading said valuation ii S only to apply in cases of
Dgtotal loss D 1
Household Goods and old S Furniture packed value limited to 5 per 100 lbs
J and so expressed in bill of b lading said valuation only ri to apply in case of total
g loss L C L 1
pq Household Goods and Old
o R
l
IT 1
4
K
K
90
TARIFFS RULES AND CLASSIFICATION
O R
f Furniture well packed value not expressed in bill
off lading LC L 1
Household Goods and old Furniture well packed C
L 20000 pounds to be charged for value limited to 5 per 100 pounds said valuation only to apply in
ts case of total loss
Household Goods and old J Furniturewith Live Stock
C1 one attendant to have pasg sage free on same trains as 73 car C L value limited to 5 per 100 pounds said valuation only to apply in g case of total loss D 1 5
EXPLANATIONS
31All Bundles of Bedding
ft Trunks of Clothing House hold Goods or similar articles not Furniture will 2 not he received for transportation unless packed
7 chests of similar articles must he strapped or secure2 ly nailed This does not p apply to CL of Household Goods
2Bills of Lading and WayBills must designate character and number of packages
3These instructions apply to old and secondhand Furniture Clothing Bedding etc not to new ar1 tides
Hubs and Felloes L C L 4
Hubs and Felloes C L 20000
lbs charged for 5
Hullers If 1
Husks and Shucks in bales
See Rule 12 D
Hydrants and Fire Plugs 5
I
Ice L C L in casks prepaid B
Ice C L L
Images and Figures Bronze or Metal packed not Iron Statuary3 T 1
Incubators K D and packed D 1
Indigo 1
Indigo Extract in barrels 3
Infusorial Earth 3
Ink in wood 4
Ink Printing in wood 4
Ink Writing Fluid in glass or stone boxed 3
D 1 4
Insulators packed
Iron Bedsteads
Iron Castings in boxes
Iron Bar BandBoilerand Jail Plate Car Wheels and Axles Wagon and Carriage Axles
Iron Pipe of
Iron Wagon and Carriage Skeins and Boxes packed in kegs barrels or casksof
Iron Wagon Skeins loose
Iron Nails and Spikes Bolts Nuts Rivets and Washers
in kegs of
Iron Plow Plates Points Wings Castings and Steel
wired or packedof
Iron Bolts Nuts Rivets and Washers in other packages Iron Bridge Pig Scrap Railroad Spikes Chairs Frogs Fish Plates and Fish Plate
Bolts L C L f of
Iron Bridge Pig Scrap Railroad Spikes Chairs Frogs Fish Plates and Fish Plate Bolts C L See Rules 13 20 I Iron Castings not Machinery unpacked each piece under
200 pounds
Iron Castings heavy not Machinery unpacked each 200 pounds or over See Rule 14 Iron Castings not Machinery or Sewing Machines in kegs
or casks
Iron Crow Bars and Forgings
Iron Flues
Iron Fronts Girders and
Beams for buildings
Iron Sheet and Galvanized in rolls or bundles wired or
crated
Iron Sheet Galvanized bxd
Iron Hoop of
Iron Mantels Grate Baskets Fronts Fenders and Frames
packed
Iron Mantels Grate Baskets Fronts Fenders and Frames
not packed
Iron Grate Bars L L of
Iron Grate Bars C L 1
Iron Nail Rods packed
Iron Nail Rods not packed
Iron Ore and Limestone for Furnaces C L 25000 lbs
Class P less 40 per pent
Iron Picks and Mattocks in
bundles
Iron Picks Mattocks packed
Iron Plow Fenders
Iron Railing and Fencing
CO Ci Oi CO to Ci 4 Or 03 Ci tO Ci Ci hP Ci Ci tO
THE RAILROAD COMMISSION OF GEORGIA
eR JR
Jron Retorts 6
Iron Roofing in rolls or bundles wired or crated 6
Iron Roofing boxed 5 fof 6
Jron Roofing N 0 S 3
Iron Russia in rolls or bundles wired or crated 3 5
Irons Sad in barrels 5
Irons Sad boxed 2
Iron Scrap Sheet in rolls or bundles wired or crated f of 6
Jron N 0 S boxed or crated 1 2
Iron Shutters and Doors 4
Jron Sponge purifyng matel 3
Iron Statuary Chairs Lawn Ornaments boxed or crated 1 2
Iron Jacks 6
Jron Urns 3 5
Jron Vault and Prison Work 4
Iron Wedges and Sledges in barrels 5
Iron Wedges and Sledges loose 3
Iron Work Galvanized 2 4
Jsinglass 3 T 1
Jvory 1
Ivory Black 4
J Jack Screws and Wagon Jacks 3
Japan Ware i
Japonica 4
Jars Glass packed common 4 5
Jeans Cotton Rule 1 without percentage 6
Jeans Cotton and Wool mixed 5
Jeans Cotton and Wool mixed made into pants in bales 3 4
Jeans Pants Cotton 6
Jellies in glass packed 1
Jellies in cans boxed 4
Jellies in wood N 0 S 3
Jugs See Earthenware Junk and Jute 6
Jute Butts 6
Jute Waste or Tailings 5
K Kainit L C L K
Kainit C L M
Kalsomine same as paint Kegs empty N 0 S same as barrels Kegs empty N 0 S in crates 3
Kegs Ale and Beer empty estimated weight 30 lbs E
Kettles Large Iron 2 4
Kerosene See Coal Oil Kindlings 6
Knapsacks 1
Kowrie 2
L Ladders not over 30 feet long 1
v xv
Ladders over 30 feet long D 1
Ladders Step 2
Lampblack in casks barrels
or boxes 3
Lamps and Lamp Goods pked 2
Land Plaster L C L
Land Plaster C L
Lanterns
Lard
Lasts Shoe
Laths actual weight CL
Lead bar or sheets in boxes
Lead in casks or pigs
Lead Black in kegs or bbls Lead Pipe in rolls or reels
Lead Pipe in casks
Lead White same as Paints
Leather loose N 0 S
Leather in rolls or boxes
Leather Scrap in bales
Leaves powdered in boxes qr
barrels
Lemons and Oranges
Lentils in bags boxes or bbls
Letter Boxes PostOffice
Licorice in sticks roots or mats
Licorice in mass boxed
Lightning Rods in boxes
Lightning Rods in bundles
Lightning Rod Fixtures pked
Lemon or Lime Juice in bbls Lemon or Lime Juice in glass
packed 1
Lime in sacks casks or barrels C L L
Lime in sacks casks or barrels L C L B
Lime Chloride of in barrels
or casks 6
Lime Chloride of N 0 S 4
Lime Liquid prepared for whitewashing canned and packed 5
Limestone for Furnaces C L 25000 lbs Class P less 40
per cent
Limestone ground same as
Lime
Linseed 4
Liquors in glass boxes or
basketsN O S
Liquors in wood N O S 1
Liquors Whisky Domestic Brandies Domestic Wines in wood owners risk of
leakage value limited to 75c per gallon and so endorsed
on bill of lading
Liquors Whisky in wood N
O S 2
Liquors Whisky in boxes or
baskets 1
Lithographic Stone 1
itOfcOCOtOCOcoM CO II OiCnOSCnd05lii1
92
TARIFFS RULES AND CLASSIFICATION
C R
Live Stck Horses and Mules
L C L 1
Live Stock Horses and Mules
C L 2
Live Stock Cattle Sheep etc
L C L See Rule governing
Livestock 2
Live Stock Cattle Sheep etc
CL J 3
Locomotives and Tenders standard gauge on their own wheels 35 cents per mile
Locomotive Head Lights bxd D 1
Locomotive Tires 6
Logging Cars K D or set up
C L 24000 lbs charged for Logging Cars smaller parts
boxedi
Logging Cars set up L C L
Logs for saw mills P
Logsfor chair timber not over 4J feet long C L 24000 lbs
P less 20 per cent
Logwood 2
Logwood C L dry 4
Looking Glasses same as Mirs
Looms See Machinery
Lumber Dressed or Rough L
C L B
Lumber Dressed or Rough C
L 24000 lbs See Rule 12 P Lye Concentrated 5
M
Machinery
Boilers Engines or any part of Engine or Machinery C L not less than 24000 lbs to be charged for See Rule 14 4
Brick Machines See Rule 14 4
Cotton Presses set up D 1
Cotton Presses K D 4
Cotton and Woolen except
Looms set up D 1
Cotton and Woolen except
Looms crated li
Cotton and Woolen except Looms K D and boxed 1
Hoisting K D See Rule 14 4
Looms3 T 1
Machinery CL 24000 lbs to be charged for See Rule 14 4
Machinery N O S L C L
See Rule 14 2
Machinists Tools Planers Lathes Drill Presses etc 2
Printing Presses K D boxed
or crated 3
Printing Presses K D not
boxed 1
Printing Presses set up DU
o R 2 N
4
N
6
5
4
5
5
1
2
5
3
3
2
1
Saw Mills unboxed in parts
Saw Mills boxed in parts
Shaftings Hangers Pulleysetc
Shingle Machines
Stamp Mill Machinery boxed
L C L
Stamp Mill Machinery boxed
C L
Stamp Mill Machinery loose L C L
C R o
O R
4
4 5
2
o
6
4
Stamp Mill Machinery loose
CL 5
Stamp Mill Castings L C L 6
Stamp Mill Castings C L M
Steam Gauges 1
Steam Heaters packed 4
Steam Heaters not packed 2
Tobacco Screws and Fixtures 4
Water Wheels Turbine See
Rule 14 3
Wood Working Lathes Planing Machinery Boring and Mortising Machines set up
See Rule 14 1
Wood Working Lathes Planing Machinery Boring and Mortising Machines etc packed K D See Rule 14 3
Machines Brick 4
Machines Hemp 1
Machines Meat Cutters 2
Machines Mowing and Reaping Binders and Harvesters whether combined or separate K D L C L 2
and partly boxed C L
20000 pounds 4
Machines Mowing and Reaping Binders and Harvesters whether combined or separate set up 1U
Machines Sewing unboxed 3 T 1
Machines Sewing or parts set
up crated or boxed
Machines Sewing or parts K
D boxed or crated 3
Machines Shingle 2
Machines Smut 3
Machines Washing 2
Macaroni 1
Mackerel See Fish
Madder 3
Malt D
Malt inboxes 1
Malt Extract same as Ale
Manganese Crude
Manganese Ground packed
Manilla
Mantels Iron packed
Mantels Iron not packed
Mantels Slate packed
Maps bpxed 1

4
9
4

1
1
bOH bOCOOl
THE RAILROAD COMMISSION OF GEORGIA
93
C R
Marble and Granite Bases and
Shafts for Monuments unlettered 3
Marble and Granite same as
stone
Marble and Granite Gravestones and Monuments
packed and prepaid D 1
Marl same as Lime
Marble Dust C L in barrels L
Marble Dust L C L in barrels B
Marbles in casks or boxes 4
Marble Tiles 4
Matches in wood or paper
packed in cases alone marked matches
Match Splints packed incases
L 0 L 4
Match Splints packed in cases
C L 6
Material for Flour Sacks uncovered 6
Mats and Rugs N 0 S 1
MatsGrass Hemp Hair Steel
Wire Rubber and Cocoa 3
Mats Oil 1
Matting 2
Mattocks and Picks in bundles 3 Mattocks and Picks packed 5
Mattresses N 0 S 1
Mattresses Hair 1
Mattresses Straw Cotton
Shuck and Excelsior 3
Mattresses Wire or Woven 1
Meal and Ashes Cotton Seed
L CL K
Meal and Ashes Cotton Seed
C L1 M
Meal Corn C
Meal Oat in barrels 6
Meal Oat in boxes 2
Measures l
Meat B
Meat Bacon B
Meat Fresh Beef Sausage Poultry dressed Fish B
Shipments of articles enumerated under head of Meat in quantities less than 10000 pounds must be in bags bales boxes or crates
Meat Cutters 2
Meats Desiccated See Desiccated
Medicines and Drugs N 0 S 1
Medicines Patent L C L 1
Medicines Patent C L l
Melodeons boxed i
Melodeons not boxed not taken
OR
5
2
3
3
1
J R
Melons freight guaranteed C
L 24000 lbs Rule 17 O
Melons L C L 4
MerryGo Rounds L C L 1
MerryGoRounds C L 4
Meters Gas boxed 1
Meters Gas not boxed not
taken
Meters Water boxed 3
Meters Water not boxed not
taken
Mica 3 T 1
Milk Condensed boxed 4
Millet D
Millet Seed in sacks B
Millinery Goods 1
Millo Maize in bags or sacks 6 Mills Barilla Bark and Cob 4
Mills Coffee and Paint set up 2
Mills Cotton Seed 2
Mills Flour roller 2
Mills N O S 2
Mill Stones finished 4
Mill Stones rough 5
Mill Stuff Rule 12 L C L C
Mill Stuff C L 25000 lbs P
Mince Meat 4
Mineral Waters in wood 5
Mineral Waters in glass or
stone packed 3
Mining Cars and Wagons same
as Logging Cars
Mirrors 3 feet or under
packed3 T 1
Mirrors over 3 feet not exceeding 7x12 packed3 T 1
Mirrors over 7x12 packed4 T 1
Molasses cansboxed or in kegs 4
Molasses or syrup in half barrels barrels or hogsheads R
Monuments and Gravestones metal packedvalue not over
30000 prepaid D 1
Monuments and Gravestones
value over 30000 S
Monuments and Gravestones
packed and prepaid D 1
Mops 1
Moss in sacks 1
Moss pressed in bales 4
Motes Cotton A
Moulders Dust or Sand 5
Mouldings boxed 2
Mouldings in bundles 1
Mouldings common for building purposes 4
Mouldings N O S D 1
Mouse Traps 1
Mowers See Agricultural Imp
Mucilage packed 2
Musical Instruments N O S D 1 Mustard Ground in boxes 2
O R P
4
2
1
D 1
2
2
3
94
TARIFFS RULES AND t CLASSIFICATION
J K
Mustard prepared in glass
packed 2
Mustard prepared in kegs or
barrels 3
Mustard Seed 6
o K
N
Nails Brass and Copper well
packed in boxes or kegs 3
Nails for Horse or Mule Shoes
inboxes 5
Nails and Spikes Iron in bags 3
Nails and SpikesIron in bxes 5 Nails and Spikes Iron in kgsf of 6
Naphtha in iron casks 6
Naphtha Casks returned epty 6
Nitre Cake L C L 5
Nitre Cake C L M
Notions 1
Nutmegs 2
Nuts Chestnuts prepaid 5
Nuts Pecans in barrels LCL 3
Nuts Pecans in barrels C L 5
Nuts Cocoa packed or sacked
L C L 5
Nuts Cocoa C L 6
Nuts Edible in bags N 0 S 1
Nuts Edible in barrels or
casks N O S 2
Nuts Peanuts andChufas LC
L 5
Nuts Peanuts and Chufas CL 6
o
Oakum 4
Oats D
Oil Cake L C L K
OilCake C L M
Oil Cloth 16 feet long or over
boxed 1
Oil Cloth less than 16 feet long
boxed 2
Oil Cloth baled 1
Oil Cloth not boxed or baled not in shipping order
Olives in glass packed 1
Olives in barrels or casks 4
Onions in barrels 3
Onion Sets 3
Oranges and Lemons 4
Ordnance Stores N 0 S 1
Ores Iron L C L 6
Ores Iron and Limestone for Furnaces C L 25000 lbs
Class P less 40 per cent
Ores samples or specimens
must be prepaid 6
Organs not boxed not taken I
Oysters in cans or kegs 4
Oysters shell in barrels
Oysters shell in bulk C L Oysters in glass packed 1
1
6
1
5
K
2
Oil Castor in glass packed
Oil Castor in bbls
Oil Coal or its products Kerosene Lubricating the product of Coal Oil Pine in
bbls L C L
Oil Coal or its products Kerosene Lubricating the product of Coal Oil Pine in
bbls C L
Oil Coal or its products Kerosene Lubricating the product of Coal Oil Pine in cans Oil Coal or its products Kerosene Lubricating the product of Coal Oil Pine in
cans boxed L C L
Oil Coal or its products Kerosene Lubricating the product of Coal Oil Pine in
cans boxed C L
Oil Coal or its products Kerosene Lubricating the product of Coal Oil Pine in
tank cars
Oil Coal or its products Kerosene Lubricating the product of Coal Oil Pine in tank cars or barrels must always be charged at actual
weight
Oil Cocoa in original packages
Oil Cocoa in barrels
Oil Palm Seed crude L C L Class Kwith 20 per cnt added Oil Cotton Seed any quantity Rule 1 without percentage
Oil Kerosene See Coal Oil
Oil Lard and Linseed
Oil Lubricating the product of Coal Oil same as Coal Oil
Oil Pine same as Coal Oil
Oil Sassafras in glass or cans
boxed
Oils in glass or cans packed except Coal Oil and Sassafras
Oil
Oils in jars not packed not
lrpn
Oils N as in bbls
Oleomargarine in cans
Oleomargarine in Kegs and
Firkins
Oleomargarine in Buckets Pails and Tubs
J K 1 3 O K f
3 4
3 6
D 1 I
1
2 4
3 Tl D 1 1 2
3 4
1 3
2 3D1 3
P
Packing Asbestos in cases Packing Asbestosjin rolls PackingHemp
Cq sfl
THE RAILROAD COMMISSION OF GEORGIA
96
C R
Packing Metallic 2
Packing Rubber 3
Paintings and Pictures well bxd value of each box not
to exceed 200 D 1
Paintings and Pictures over
200 in value 3T1
Paints bulk in barrels or
casks dry L C L 6
Paints bulk in bbls or casks
dry C L L
Paints bulk in barrels or
casks in liquid 5
Paints bulk in kegs liquid 5
Paints in pails or cans packed 3
Paints in pails or cans unpacked 1
Paints Metallic same as Paints Paneling and Wainscoting wood finished N O S in boxes or bbls O R of chafing or breakage 3
Paneling and Wainscoting
wood in white 4
Pants Jeans Cotton 6
Paper Bags 6
Paper Barrels in nests packed 2
Paper Barrels not nested4 T 1
Paper Binders Board in cases 2
Paper Binders Board in bundles 5
Paper Bottle Covers packed
or pressed in bales 3
Paper Boxes in nests packed 1
Paper Boxes not nested4 T 1
Paper Cans crated4T1
Paper Card 1
Paper Collars packed 1
Paper Hangings in bundles 1
Paper Hangings boxed 2
Paper Medicated or Closet 3
Paper Pasteboard 4
Paper Printing Wrapping or
Roofing b
Paper the same as above in
boxes 2
Paper in rolls for manufacture
of bags B
Paper Pulp R
Paper Roofing B
Paper Sand and Flint 3
Paper Stock in sacks barrels bales crates or hogsheads
Rule R
Paper Straw Boards 5
Paper Wall any quantity in
bundles l
Paper Wall any quantity in
boxes 2
Paper Ware N O S l
Paper Writing Book or Blotting in boxes 2
O R
Dl
G R
Paris White same as paint
Paste in barrels 6
Peaches in boxes barrels or
bags green L C L
Peaches in boxes barrels or
bags green C L
Peaches dried 4
Peach Stones packed 6
Pearline 4
Peanuts L C L 5
Peanuts C L 3
Pearl Ash 5
Peas inboxes 2
Peas in bags or barrels D
Pegs Shoe in bags l
Pegs Shoe in barrels or boxes 2
Peltries See Skins
Pencils Slate 3
Pepper and Spices in bags 3
Pepper and Spices N O S
ground in boxes 2
Pepper Sauce in glass packed 1
Perfumery 1
Petroleum See Coal Oii
Phosphate Rock C L 24
000 lbs p
Photographic Material 1
Pianos Organs and Melodeons
boxed li
Pianos Organs and Melodeons
unboxed not taken
Pickers Cotton Raw Hide 2
Pickles in glass packed 1
Pickles in barrels or casks 4
Pickles in cans boxed 4
Picks and Mattocks in bundles 3
Picks and Mattocks packed 5
Picture Backing in Packages 4
Picture Frames unboxed 3 T 1
Picture Frames boxed
Pictures See Paintings
Pigs Feet and Tripe 6
Pigs Feet Pickled in barrels
or kegs 4
Pigs Feet in glass packed 1
Pine Apples in cans boxed 4 Pine Apples in glass packed 1 Pine Straw loose C L 20000
C R Class P less 20 per ct
Pins in cases 1
Pins Clothes boxed 2
Pis Insultors 6
Pipe Copper Brass or Metal
n o si 1
Pipe Copper Brass or Metal
N O S boxed 3
Pipe and Tile Drain or Roofing L C L 5
Pipe and Tile Drain or Roof
ing C L 25000 pounds R
Pipe Earthen not Drain LCL 1
Pipe Earthen not Drain CL 3
o R
D L L

96 TARIFFS RULES AND CLASSIFICATION
c
R
R
Pipe Fittings in boxes 2
Pipe Fittings in kegs casks or
barrels 6
Pipe Fittings in bundles wired D1
Pipe Ironf of 6
Pipe Lead in rolls or reels 4
Pipe Lead in casks 5
Pipe Organs K D boxed
same as Pianos
Pipe Sheet Iron Spiral
Pipe Stove D 1
Pipe Tin boxed 2
Pipe Wood L C L 3
Pipe Wood C L 4
Pipes Tobacco in boxes 1
Pitch any quantity same as Rosin class K less 20 per ct Planters K D in bundles or
boxes 2
Planters set up
Plaster Calcined 5
PI a ster Castings D 1
Plaster Land L C L K
Plaster Land C L M
Plaster of Paris 5
Plated or White Ware 1
Plates Paper and Wood L CL 3
Plates Paper and Wood C L
not less than 24000 lbs 6
Plows Gang and Sulky3T 1
Plows set up N O S 1
Plows K D N 0 S 4
Plow Material See Agrl Imp
Plumbago 5
Plumbers Material N O S
packed 4
Poles Tent 2
Poles and Posts P
Polishing Powders and Compounds 3
Polish Stove and Shoe packed 4 Polish Stove and Shoe in glass
packed 3
Porcelain Ware 1
Pork and Beef B
Porter same as Ale
Potash N O H 5
Potash Ball package 5
Potash German Muriate of and Sulphate of L C L 5
Potash German Muriate of
and Sulphate of C L K
Potatoes in bbls or sacks 6
Potatoes C L 6
Poultry dressed B
Poultry live C L 1
Poultry live L C L 1
Powder Baking and Yeast 3
Powder Bleaching 4
Powder Gun and other Explosives L C L D 1
Powder Gun and other Explo
4
5
3
1
2
D 1 2
2
R
D
N
2
sives C L 5000 lbs or
over
Powdered Leaves in boxes or
barrels
Powders and Washing Compounds etc
Powders Cattle Horse or Condition
Powders Polishing Compounds etc
Powers Horse K D
Powers Railroad or Endless
Chain
Preserves in glass packed
Preserves in cans boxed
Preserves in wood N O S
Presses Cider
Presses Copying
Presses Printing K D boxed
or crated
Presses Printing KD not
boxed
Presses Printing set up
Presses N O S
Printed Matter in sheets
boxed prepaid
Prints
Prunes in boxes or kegs
Prunes in casks
Pulley Blocks
Pulleys
Pulp Paper or Wood Rule 1
Pumice Stone
Pumps and Pump Material
wooden L C L
Pumps and Pump Material
wooden C L
Pumps Hand
Pumps Steam and Power
Pumps Steam and Power K
D packed
Putty
Pyrites L C L prepaid in
boxes or barrels
Pyrites C L 24000 lbs
o
Quartermasters Store
Quicksilver in iron flasks
R
Radiators not packed
Radiators packed
Rags in sacks barrels bales
crates or hhds Rule 1
Railing
Raisins not strapped
Raisins strapped
Rakes Hand in bundles
Rakes Horse set up
Rakes Horse K D
Range Boilers
u R
o K
D
1
i
MMUbCH1 OS W 65H1 Ml1 hjW CN OS bSH1 05 OsWlfcOMtO HH1 M 05 tO rf 05 MM
THE BAILROAD COMMISSION OF GEORGIA
97
C R
Rattan l
Rat Traps 1
Reapers See Agricultural Imp
Red Lead Same as Paints
Reeds 2
Reflectors packed D1
Refrgerators wrapd or crated 2 Refrgerators thoroughly and completely taken apart and
packed in sections 2
Refrigerator Material thoroughly knocked down 3
ReGins or Cotton Linten J
Retorts Clay 1
Retorts Copper 2
Retorts Iron 6
Retorts Soda Water 4
Rice rough D
Rice clean in bbls or casks C
Rice clean in boxes or kegs 3
Rivets of 6
Rollers Field 3
Rollers Printers 1
Rollers Sugar 3
Roofing Composition 4
Roofing Felt in bundles or
rolls 5
Roofing Glass 2
Roofing Granite packed 5
Roofing Iron See Iron Roofing
Roofing Slate L C L 6
Roofing Slate C L See Rule
12 25000 lbs P
Roofing Tile L C L 5
Roofing Tile C L 25000 lbs R
Roofing Tin in rolls 5
Root Angelica in barrels or
boxes 1
Roots and Herbs value not
over 10c per pound 4
Roots and Herbs value over
10c per pound 3
Rope N O S 3
Rope Bed Cord 3
Rope Clothes Line 3
Rope Old o
Rope Cotton Rule 1 without
percentage 6
Rope Hemp or Jute 5
Rope Wire 4
Rosin any quantity Class K
less 20 per cent
Rubber Belting 3
Rubber Car Springs loose 4
Rubber Car Springs boxed 5
Rubber Clothing and Rubber
Goods N O S 1
Rubber Hose 3
Rubber Packing 3
Rubber old scrap 5
Rugs N O S 1
Rugs Grass HempHair Steel
7
Wire Rubber and Cocoa 3
Rugs Oil 1
Rustic Work not boxed 3T 1
Rustic Work crated 1
Rustic Work entirely boxed 2 Rye D
S
Sacks See Bags
Saddlery 2
Saddlery Horse Collars 2
Saddlery Harness boxed 2
Saddlery Harness in bundles 1
Saddles not boxed 1
Saddles boxed 2
Saddle Trees not boxed 1
Saddle Trees boxed 2
Sadirons packed in barrels 5
Sadirons packed in boxes 2
Safes Iron each weighing
3000 pounds or less See
Rule 14 4
Safes Iron each weighing over
3000 lbs and not over 6000
lbs See Rule 14 3
Safes Iron each weighing over
6000 lbs and not over 10000
lbs See Rule 14 2
Safes Iron each weighing dVer
10000 lbs Special Contract
See Rule 14
Safes Meat and Pantry set up 1
Safes Meat and Pantry K D
packed 2
Safes or Covers Cheese boxed 3 T 1 Sago in bags boxes or barrels 3
Sails 1
St Johns Bread in bbls or
boxes 4
Paleratus 4
Sal Soda 0
Salt in sacks L C L B
Salt in sacks C L O
Salt Cake L C L K
Salt Cake C L L m
Salt Table 4
Salts Bleaching in barrels or
casks 0
Salts Bleaching N O S 4
Salts Epsom in casks or bbls 5
Salts Epsom C L R
Salts Epsom N O S 4
Saltpetre L C L 5
Saltpetre C L M
Samp 2
Sand C L N O S See Rule
12 30000 lbsP less 20 per ct
Sand L C L in barrels B
Sand or Dust Moulding 5
O K
3
5
6
R
O R 1
1
98
TARIFFS RULES AND CLASSIFICATION
Sapolio
Saratoga Chips
Sardines See Fish
Sash Doors and Blinds C L Sash Doors and Blinds LCL
Sash Glazed L C L
Sash Glazed C L
Sash Weights
Sauce Pepper in glasspacked
Sauces N 0 S
Sauer Kraut in barrels
Sausage
Saw Logs
Saw Mills unboxed in parts
Saw Mills boxed in parts
Saws Circular packed
Saws Drag
Saws Drag with Horse Power
Saws N O S packed
Scales and Scale Beams set up
wrapped
Scales and Scale Beams K D
wrapped
Scales Scale Bems KDbxd
Scrapers
Screens
Scythe Stones
Scythes in bundles
Scythes in boxes
Sea Grass pressed in bales
Seed Corn in boxes
Seed Flax
Seed Garden
Seed Garden returned over same line by which originally forwarded
Seed Grass and Clover
SeedC L
Seed Linseed
Seed Millet
Seed Mustard
Seed N O S
Separators
Shadines See Fish
Shafting
Shafts L C L
Shafts C L 20000 lbs
charged for
Sheathing Metallic boxed or crated or in bundles wired Sheetings Rule 1 withdut percentage
Shellac
Shellers
Shells Sea LC L prepaid Shells Sea C L prepaid
Shingles L C L
Shingles actual weight C L Shingles Metallic boxed
Ship Stuff L 0 L
Ship Stuff C L 25000 lbs
O R 0 R O R
4 Shirting Rule lwitht prctge 6
5 Shirts 1 Shirts and Drawers unlaun
B dried entirelycotton without
3 4 percentage 6
1 4 Shoe Findings 4
5 6 Shoe Lasts 3
K Shoe Pegs in bags 1
1 2 Shoe Pegs in bbls or boxes 2
1 Shoe Polish packed 4
4 Shoe Polish in glass packed 3
B Shoes and Boots 1
P Shoes Horse and Mule in kegs H
2 3 Shooks and Heading L C L 0
4 Shooks and Heading C L P
H Shorts See Rule 12 D
2 Shot in bags or boxes
5 Shot in kegs or double sacks 5
1 Shovels in bundles 3 Show Cards See Signs
1 2 Show Cases 4 T 1 Show Cases entirely boxed D 1
3 4 Shrubbery See Trees
4 6 Shucks in balesrough Rule 12 D
Q 0 1 4 Shucks prepared baled shipped from factory or fur
3 niture warehouse 4
1 2 Shuttle Blocks rough 3 Sieves Tin nested packed in
4 boxes
2 4 Sieves Wire packed 3 I 1 Signs Card Metallic or Wood
2 boxed Signs Glass 3 T 1 Signs Trade boxed freight to
4 be prepaid or guaranteed 2
3 Sizing for factories L C L 4
4 Sizing for factories C L 5
4 Skewers wooden 4
B 6 Skins Deer pressed in bales 2 Skins Fur and Peltries value
2 1 limited to 25c per lb in bags D 1 Skins Fur and Peltries value limited to 25c per lb
4 5 pressed in bales 1
4 Skins Fur and Peltries NOS D 1 Skins Sheep Dry baled 1
5 Skins Sheep Green in bundles 2 Skins Sheep Salted in bundles 3
3 Slate Mantels packed 2 Slate Pencil 3
6 2 Slate Roofing L C L 6 Slate Roofing C L Rule 12
1 2 25000 lbs F
D 1 K 1 Slates School boxed 3 Slats B
B Sledges in barrels 5
P 4 c Sledges loose 3 Slush Soap Stock or similar material for manufacturing
P soap in barrels 6
o R

D 1
L
THE RAILROAD COMMISSION OF GEORGIA
o R
Smoke Stacks See Rule 14 1
Snaths l
Snuff in casks bbls or boxes 2
Snuff in jars packed 2
Snuff in jars not packed D 1
Soap Castile and Fancy 2
Soap Common in boxes 6
Soap SoftenerLiquid in bbls 4
Soap Stock R
Soapstone Crude C L See
Rule 2 25000 lbs P
Soapstone packed 2
Soda in kegs boxesand drums 5
Soda Ash L C L K
Soda Ash C L M
Soda Caustic in iron casks or
drums 6
Soda Fountains3 T 1
Soda Fountain Retorts 4
Soda Nitrate and Sulphate of
L C L 6
Soda Nitrate of C L M
Soda Sal 6
Soda Silicate of 6
Solder 5
Sorghum in half bbls barrels
or hogsheads Rule 1 R
Sorghum Mills 3
Spades in bundles 3
Spelter in slabs or casks 5
Spices ground in boxes 2
Spices in bags 3
Spikesof 6
Spokes and Shafts L C L 4
Spokes and Shafts C L 20000 lbs charged for 5
Sponge D 1
Spreaders set up i
Spreaders K D boxed2
Springs Bed Woven Wire 1
Springs Car N O S 6
Springs Car Rubber loose 4
Springs Car Rubber boxed 5
Springs Iron Bed in barrels 3
Springs Vehicle See Vehicles
Starch Corn 3
Starch except Corn Starch L
C L 4
Starch C L not less than
20000 pounds 0
Stationery 1 o
Statues 3 m 1
Staves p
Steam Gauge 1
Steam Heaters packed 4
Steam Heaters not packed 2
Steel not packeda of 6
Steel packed 2
Steel wired or strapped 5
Steel Bars each 200 lbs and
over g
Steelyards K D and packed 2
o R
2
R
4
1
1
1
3
Steelyards unboxed
Stereotype1 Plates boxed for newspapers from manufacturer C Rr
Stereotype Plates old boxed returned to manufacturer
Stereotype Plates N O S
Stills Worm crated
Stone Blocks rough L C L Stone Blocks slabs or dressed
and protected L C L
Stone or Marblecrushed foundation rough paving blocks rough undressed rubble Class P less 20 per cent C
L 30000 lbs Rule 12
Stone Curbing C L class P
less 20 per cent
Stone Slabs rough and protected otherwise owners risk C L class P less 20
per cent
Stone Blocks dressed and protected otherwise owners
risk C L class P
Stone Slabs dressed and protected otherwiss owners
risk C L class P
A carload of Stone or Marble N O S embraces 25000 lbs Stoneware same as Earthenware
Stools Piano
Stove Boards boxed or crated
Stove Pipe
Stove Pipes seams not closed
nested wired or crated
Stoves Gas and Oil boxed
Stoves Stove Plates and Stove Furniture and Hollow Ware including the necessary pipe
L C L
Stoves Stove Plates and Stove Furniture and Hollow Ware C L not less than 24000 lbs
Straw See Hay Rule 12
Straw Boards
Straw Goods
Straw or Wooden Bottle Covers
pressed in bales
Sugar in bags
Sugar in boxes strapped
Sugar in boxes not strapped Sugar in bbls and hogsheads
Sugar Cane prepaid
Sugar Grape
Sulphates L C L
Sulphates Ash and Soda C L
Sulphur inboxes L C L
Sulphur in barrels L C L Sulphur for manufacture of Fertilizers C L
c R 1
2
5 2 1
6
3
1
3
D 1
1
1
1
3
5

M
1
3
M

100
TARIFFS RULES AND CLASSIFICATION
o R 4
Sumac ground
Sumac leaf C L estimated
weight 20000 pounds 5
Sweepings and Motes Cotton A Sweepings Factory and cotton waste in sacks barrelsbales
crates or hhds Rule j R
Syrups in barrels half barrels
or hogsheads
Syrups in cans boxed or in
kegs
Syrups in glass boxed
Syrup cane in glass packed
Tables Billiard boxed D1
Tacks Iron
Tacks Tin in kegs or barrels
Talc
6 6
6
Tallow in barrels B
5 2 P
B
Tallow N O S
Tamarinds in boxes or kegs Tanbark C L 24000 pounds
Tanks N O S3 T 1
Tanks Cotton Seed Oil etc
Iron B 1
Tanks Wood set up D 1
Tanks Wood K D packed Tapioca in boxes bbls or bags Tar Pitch in bbls same as Rosins class K less 20 per
cent
Tar Coal in barrels L C L
Tar Coal C L See Rule 12
Tea
Telegraph Cross Arms
Telegraph Brackets in bags Telegraph Brackets in boxes
Telegraph Brackets C L
Telephones boxed3 T 1
Tents Tent Polesand Pins 2
TerraCotta in packages 3
TerraCottaArchitectural CL TerraCotta Architectural packed in casks tiercesetc
L C L 3
Terra Japonica 4
Thread Rule 1 without percentage
Threshers
Tickings Rule 1 without percentage
Ties Cotton and Hay Rule 1
Tile Drain and Roofing L C L Tile Drain and Roofing C L
25000 lbs
Tile Fire for Lining etc 4
Tile Floor and Marble 4
Tin Block and Pig 5
Tin Foil in boxes 2
Tin Plate in boxes or rolls 4
R
D 1
4
6
R
5
6
O R
Tin Roofing in Rolls
Tin Scrap in rolls or bundles
wired or crated
Tinners Trimmings N O S 2
Tinware and Tin Stamped
Ware boxed 4
Tires Locomotive 6
Tires Wagon of 6
Tobacco Box Material L C L A
Tobacco Box Material C L Tobacco cases boxes empty Tobacco Cut in boxes bbls
or bales
Tobacco Leaf in cases
Tobacco Plug in boxes or kegs Tobacco Screws and Fixtures
Tobacco Smoking
Tobacco Stems prized
Tobacco Stems not prized
Tobacco Unmanufactured not
prized
Tobacco Unmanufactd prized 2
Tongues Pickled in barrels or
kegsX 4
Tongues Smoked 3
TonquaBeansin boxes or bbls 1
Tools Edge2
Tools Mechanic boxed 2
Toothpicks 2
Towr in bales 2
Tow7 in bales compressed 3
Toys boxed D 1
Train Sugarj3 T 1
Traps Fly D 1
Traps Mouse and Rat 1
Traveling Bags 1
Trees and Shrubbery baled or boxed L C L prepaid or
guaranteed
Trees and Shrubbery baled or boxed C L prepaid or guaranteed
Tripe
Tripe Pickled in barrels or
kegs 4
Tripoli 4
Trucks Warehouse 1
Trunks single Is
Trunks nested or filled with merchdise crated or strapd 1
Trunks empty or filled with merchdise corded or wrapd 1
Trunks filled with merchandise not corded or wrapped D 1
Trunks N O S D 1
Trunks Sample D 1
Trunks filled with persona effects corded or wrapped3 T 1
Tubs N O S J
Tubs Bath boxed 1
Tubs Bath unboxed D 1
Tubs Bath in nests 2
D 1
THE RAILROAD COMMISSION OF GEORGIA
Tubs Bath folding wrapped
or crated i
Tumblers packed 2
Turbine and Water Wheel
Rule 141 3
Turnips in barrels or sacks 6
Turpentine Spirits in packages less than a barrel 3
Turpentine Spirits in barrels R
Twine 3
Type boxed 2
Type Writers boxed3 T 1
u
Umbrellas boxed l
Urns Iron 3
V
Vehicles and Materials for Vehicles as Follows
In all items under heading of Vehicles the term Wagons is intended only to apply to rough cheap farm wagons with or without spring and is not intended for buggies or varnished pleasure or business wagons which articles and articles of like character take same classes as Buggies Trotting Wagons etc
Carriages Buggies Gigs Sulkies and Trotting Wagons C
L boxed or well crated charged at not less than
15000 pounds excess weight
in proportion 3
Carriages Buggies Gigs Sulkies and Trotting Wagons
C L loose charged at not less than 24000 pounds excess weight in proportion 3
Carriages Buggies Gigs Sulkies and Trotting Wagons set up LC L actual weight4 T 1 Carriages Buggies or Trotting Wagons L C L K D boxed or well crated value not to exceed 15 per 100 lbs in case of total lossfor which
carrier is liable D 1
Carriages Buggies or Trotting Wagons L C L K D boxed or well crated value over 15 per 100 lbs in case of total loss for which carrier
is liable D 1
Gigs and Sulkies knocked down boxed or well crated
L O L 3 t 1 I
O R
2
4
4 R
5
D 1
5
4
4
3T1
1
1J D 1
Carriage and Buggy Shafts and Poles fully wrapped shipped separate from vehicles D 1 Carriages Childrens KD in
boxes bundles or crates 1
Carriages Childrens set up
unboxed3 T 1
Carriages Childrens set up
boxed D 1
Cars Railroad See Cars S
Cars Railroad Hand Lever or
Crank 1
Cars Street single actual
weight D
Cars Street and omnibuses two or more on a car not less than 20000 pounds charged
for5
Hearses K D boxed or crated 11
Road Village or Pleasure Carts
See Buggies
Stage Coaches Omnibuses and
Hearses actual weight4 T 1
Vehicle Materials Iron Boxes
Skeins and Springs loose 3
Vehicle Materials Iron Boxes Skeins and Springs boxed 4
Vehicle Materials Iron Boxes or Skeins and Springs in
barrels or casks 6
Vehicle Materials WoodHubs Spokes Shafts BowsFelloes Singletrees Wheels Bodies unfinished etc etc L C L 4
Vehicle Materials the same C
L 20000 pounds charged for 5
Velocipedes K D crated 1
Velocipedes Bicycles or Tricycles set up securely boxed li
Velocipedes Bicycles or Tricycles set up crated3 T 1
Velocipedes Bicycles or Tricycles K D boxed l
Velocipedes set up not boxed
or crated not taken
Velocipedes Railroad 1
Wagons and Carts C L charged at not less than
24000 pounds 4
Wagons and Carts Farm or Lumber set up act weight D 1 Wagons and Carts Farm or Lumber taken apart and
thoroughly knocked down in any quantity act weight 6 Wagons Childrens same as
Childrens Carriages
Wagons Street Sprinklers D 1
Wagon PartsWoodunpainted K D and packed in crates or
bundles g
Wagon Tires See Tires
101 O R
1
1
3T1
H
i
102 TARIFFS RULES AND CLASSIFICATION
c R
OR
Valves Brass boxed 3
Varnish in barrels or kegs 2
Varnish in cans boxed 2
Varnish in cans not boxed 1
Vaseline in cans packed 2
Vaseline in glass packed 1
Vault Lights rough and heavy 5
Vegetables Desiccated 4
Vegetables in cans 4
Vegetables N O S prepaid or
guaranteed 3
Veneering boxed 1
Veneering not boxed D1
Vermicelli 1
Vinegar in bbls or kegs B
Vinegar Shavings or Chips in
bags
Vises Iron 4
Vitriol Blue in barrels 5
w
Wadding D 1
Wagon Jacks 3
Wainscoting and Paneling
wood finished N 0 S in boxes or bbls O R of chafing or breakage 3
Wainscoting and Paneling
wood in white 4
Washers in kegs of 6
Washers in other packages 2
Waste Cotton in bales sacks
crates or hhds R
Waste Jute or Tailings 5
Water Ammonia in iron
casks 5
Water Ammonia in glass
packed 3
Water Coolers and Filters bxd 1
Waters Aerated such as
Moxie in wood 5
Waters Aerated such as Moxie in glass or stone packed 3
Waters Mineral in wood 5
Waters Mineral in glass or
stone packed 3
Wax 4
Wax Comb Foundation bxd 2
Wax Extractors crated 1
Wax Paraffine 1
Wedges in barrels 5
Wedges loose 3
Well Curbing 2
Whalebone 1
Wheat D
Wheat Cracked in barrels 5
Wheat Cracked in boxes 2
Wheelbarrows See Agrl Imp Wheels and Axles Car 6
4
6
4
4
4
C R
O R
Wheels and Vehicles See
Vehicles
Wheels Water Rule 14 3
Whips 1
Whisky See Liquors
AVhite Lead and Zinc Paints 5
Whiting N O S 5
Whiting in boxes 3
Whiting in bbls C L L
Willow Reeds in bales 2
Willow Ware D 1
Willow Ware Baskets in nests 1
Window Shades 1
Window Shade Cloth 1
Window Frames L C L 3
Window Frames C L B
Wind Mills K D in bundles 3
Wine See Liquors
Wines High same as Liquors
Wire Barbed 5
Wire Binding 3
Wire Cloth Js
Wire Fence 3
Wire Goods boxed N O S 3
Wire Mattresses 1
Wire Rope 4
Wire Sieves boxed or crated 2
Wire Screens 1
Wire Telegraph 4
Wire N O S 3
Wire Work Racks Stands Vases Signs and Figures
boxed or crated 3T 1
Wire Work Woven Table
Toilet and Household Articles boxed or crated D 1
Wood Green C L of 8 cords to be billed by cordRule 12 P Wood Dry C L of 9 cords to be billed by cord Rule 12 P
Wood Ashes B
Wooden Butter Dishes packed
L C L 3
Wooden Butter Dishes C L
not less than 24000 lbs 6
Wooden Covers 1
Wooden Bottle Covers 3
Wooden Ware N 0 S 1
Wooden Ware does not include
Willow Ware which is D 1
Wood Liquor in barrels 3
Wood Plates L C L 3
Wood Plates C L not less
than 24000 lbs 6
Woolen and Cotton Goods mixed without percentage 5
Wood Screws in casks or bxs 2
Wool washed in bags not
pressed 2
Wool unwashed in bags not pressed 4
4
4
THE RAILROAD COMMISSION OF GEORGIA 103
C R O R C R 0 R
Wool washed in bags pressed Yarns N 0 S 3
in hales 3 Yeast in Wood 3
Wool unwashed in hags Yeast Cakes in boxes 3
pressed in hales 6 Yeast Powders 3
Woolen Goods without perctge 4 Yokes 1
Wool Mineral in bags 1
Wringers Clothes packed 2 z
Wringers Clothes not packed D 1
Zinc 5
Y Zinc Oxide 5
Zinc Paints See Paints
Yarn Cotton Rule 1 without Zinc in sheets or rolls 4
percentage 6
L N TRAMMELL Chm
ALLEN FORT Commissioners
VIRGIL POWERS I
A C BRISCOE Secy
NOTE
Coal RatesAll percentages now allowed Railroad Companies in this State on Coai and Coke in carload quantities are withdrawn and the said companies excepting the Western and Atlantic and Georgia Railroad Companies are allowed to charge for the transportation of Coal and Coke in carload quantities as follows
For fifty miles and under Class L
For one hundred miles and over fifty miles Class L less 5 per cent
Over one hundred miles Class L less 10 per cent
The Western and Atlantic and the Georgia Railroad Companies are allowed to charge for the trans portation of Coal and Coke in carload quantities as follows
For fifty miles and under Class L less 10 per cent
For distances over fifty miles Class L less 15 per cent

105
CIRCULAR
The following have been issued since last report
Railroad Commission of Georgia
Atlanta Ga November 29 1892
L N Trammell Chairman5
Virgil Powers I Commissioners
Allen Fort J
A C Briscoe Secretary
CIRCULAR No 223
From and after the 6th day of December 1892 the Millen and Southern Railroad Company will be allowed to charge as maximum rates for the transportation of freight and passengers as follows
On Classes 1 2 3 4 5 6 A B E G H K L M O and R the Commissioners Standard Tariff with fifty per cent added
On Classes C D F J and P the Commissioners Standard Tariff
On Rosin Class K less 20 per cent
Passenger Class B 4 cents per mile
Change in Classification
The follwing change has been made in the Commissioners Classification
Turnips in Barrels or Sacks C R 6th Class
Turnips in Barrels or Sacks O R Class R
By order of the JBoard
A C Briscoe L n TRAMMELL
Sectary Chairman
106
Railroait Commission of Georgia
Atlanta Ga December 21 1892
L N Trammell Chairman Virgil Powers
Allen Fort
Commissioners
A C Briscoe Secretary
CIRCULAR No 224
Amending Freight Rule No 2
Rule No 27 of the Rules Governing the Transportation of Freight has been amended so as to read as follows
All agents at depot stations within incorporate towns and cities in this State shall receive all freights offered for shipment and deliver all freights applied for from the first of April to the first of October between the hours of 7 oclock A m and 6 oclock p m and from October the first to April the first between the hours of 7 oclock a m and 5 oclock p M provided that in cities having a population of over ten thousand people the hours shall be from 7 oclock A m to 6 oclock p m with the exception of an intermission of one hour from 12 m to 1 oclock p m on each day of the week Sundays excepted Nothing in this Rule shall be construed to prevent the agents from receiving or delivering freight earlier than 7 oclock a m or later than 6 oclock p m if they so desire
This Circular to take effect at onee
By order of the Board
Rule 27
A C Briscoe
Secretary
L N TRAMMELL
Chairman
107
Railroad Commission of Georgia
Atlanta Ga March 2 1893
X N Trammell ChairmanA
Virgil Powers v Commissioners
Allen Fort J
A C Briscoe Secretary
CIRCULAR No 225
Change in Classification
The following changes have been made in the Commissioners Standard Classification taking effect March 10 1893
Cotton Jeans PantsC R Class 6
Soap Stock S iC R Clsas R
Wire Sieves boxed or crated LC R Class 2
By order of the Board
A C Briscoe L N TRAMMELL
Secretary Chairman
108
Railroad Commission of Georgia
Atlanta Ga March 29 1893
L N Trammell ChairmanA
Virgil Powers V Commissioners
Allen Fort J
A C Briscoe Secretary
CIRCULAR No 226
Tariff Middle Georgia Atlantic Railroad Co
On and after the 15th day of April 1893 the Middle Georgia Atlantic Railroad Company will be allowed to charge for the transportation of freight and passengers as follows
PassengersClass B 4 cents per mile
FreightOn Classes 1 2 3 4 5 6 A B E G H K L M N O and R add 40 per cent to the Commissioners Standard Tariff To Classes C D F J and P apply Commissioners Standard Tariff
Rosin Class K less 20 per cent
By order of the Board
A C Briscoe L N TRAMMELL
Secretary Chairman
109
Railroad Commission of Georgia
Atlanta Ga June 7 1893
L N Trammell Chairman
Virgil Powers V Commissioners
Allen Fort j
A C Briscoe Secretary
CIRCULAR No 227
Tariff of Oconee Weslerii Railroad Co
From ancl after the first day of July 1893 the Ocouee Western Railroad Company will be allowed to charge as maximum rates for the transportation of passengers and freight as follows
PassengerClass B 4 cents per mile
FreightOn Classes 1 2 3 4 5 6 A B E H and K Commissioners Standard Tariff with 50 per cent added
On Classes G L M N O and R Commissioners Standard Tariff with 20 per cent added
On Classes C D F J and P Commissioners Standard Tariff
On Rosin Class K less 20 per cent
By order of the Board
A C Briscoe L N TRAMMELL
Secretary Chairman
110
Railkoad Commission of Georgia
Atlanta Ga July 7 1893
L N Trammell Chairman
Virgil Powers
Allen Fort
A C Briscoe Secretary
CIRCULAR No 228
Amendment to Freight Tariffs
1 On and after July 20th 1893 the Roads composing the Central Railroad System the East Tennessee Virginia Georgia Railway System the Atlanta Florida Railroad and the East and West Railroad Company of Alabama will be allowed to charge for the transportation of freight no more than as follows
On Classes T 2 3 4 5 6 A E G H L N O the Standard Tariff with twentyfive per cent added
On B K M R the Standard Tariff with Ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less Twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice Class L with ten per cent added
2 On and after the 20th day of July 1893 the Savannah Americus and Montgomery Railway Company the Albany Florida Northern Railway Company the Georgia Southern Florida Railroad Company the Macon Birmingham Railroad Company the Columbus Southern Railway Company the Georgia Midland Gulf Railroad Company the Macon Northern Railroad Company the Abbeville Way cross Railroad Company the Augusta Southern Railroad Company the Blue Ridge Atlantic Railroad Company the Boston Albany Railroad Company the City Suburban Railroad Company the Darien Short Line Railroad Company the Midville Swainesboro Red Bluff Railroad Company the Macon Dublin Savannah Railway Company the Millen Southern Railway Company the Savannah Tybee Railroad Company the Wadley
pug
Ill
Mt Vernon Railroad Company the Wrightsville Tennille Railroad Company the Waycross Ain Line Railroad Company will be allowed to charge for the transportation of freight no more than as follows
On Classes 1 2 3 4 5 6 A B E G H K L M O and R For 40 miles and under the Standard Tariff with fifty per cent added for 70 miles and over 40 miles the Standard Tariff with forty per cent added for 100 miles and over 70 miles the Standard Tariff with thirty per cent added over 100 miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
On Turpentine Class R with ten per cent added for any distance
On Class C X F J and P the Standard Tariff without percentage
On Coal and Coke For 50 miles and under Class L for 100 mitesand over 50 miles Class L less five per cent over 1Q0 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
Chattanooga Southern Railway
3 On and after the 20th day of July 1893 the Chattanooga Southern Railway Company will be allowed to charge for the transportation of freight no more than as follows
On Classes 1 2 3 4 5 6 A B E G H K L M N O and R theCommissioners Standard Tariff with forty per cent added
On Classes C I F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
Yluricttii North CSeorgia Rsi i Iway
4 On and after July 20 1893 the Marietta North Georgia Railway Company will be allowed to charge for the transportation of freight nomore than as follows
n Classes h 2 3 4 5 6 A B E G H K L M N O P R the Standard Tariff with twentyfive per cent added
On Classes C I F and J the Standard Tariff without percentage
112
0n Lumber and all articles embraced in Lumber Class P without percentage
NoteNo percentages are allowed on marble
5 On and after the 20th day of July 1893 the roads composing the Plant System in Georgia will be allowed to charge for the transportation of freight no more than as follows
On Classes 1 2 3 4 5 6 A E G H L N O the Standard Tariff with twenty per cent added
On Classes B K M R the Standard Tariff with ten per cent added
On Classes C D F J and P the Standard Tariff without percentage
On Rosin Class K less twenty per cent
On Coal and Coke For 50 miles and under Class L for 100 miles and over 50 Class L less five per cent over 100 miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added
6 On and after July 20 1893 the Elberton Air Line Railroad the Hartwell Railroad the Lawrenceville Railroad and Roswell Railroad may be operated as separate and distinct roads and not subject to the operation of Freight Rule No 1
Amending Passenger Role No 6
7 Rule No 6 of the Rules Governing the Transportation of Passengers is hereby amended so as to read as follows
No more than Standard Passenger Tariff shall be charged passengers from flag stations or other stations where tickets are not kept on sale
All circulars and parts of circulars in conflict herewith are hereby repealed
By order of the Board
A C Briscoe L N TRAMMELL
Secretary Chairman
113
Office of Railroad Commission of Georgia
Atlanta Ga September 1 1893
L N Trammell Chairman
Virgil Powers Commissioners
Allen Fort
A C Briscoe Secretary
CIRCULAR No 229
Change in Classification
1 The following changes are hereby made in the Commissioners Classifications
Stove Pipes seams not closed nested wired or crated C R First Class O R Third Class Effective at once
2 Freight Tariff of Middle Georgia Atlantic the Milledgeville Eatonton and the Augusta Knoxville Railroad Companies
On and after the 8th day of September 1893 the Middle Georgia Atlantic Railway Company the Milledgeville Eatonton Railway Company and the Augusta Knoxville Railway Company will be allowed to charge for the transportation of freight no more than the following as maximum rates
Freight On classes 1 2 3 4 5 6 A B E G H K L M N O and R for forty miles and under the Standard Tariff with fifty per cent added for seventy miles and over forty miles the Standard Tariff with forty per cent added for one hundred miles and over seventy miles the Standard Tariff with thirty per cent added over one hundred miles the Standard Tariff with twenty per cent added
On Fertilizers L C L Class K with ten per cent added for any distance
On Fertilizers C L Class M with ten per cent added for any distance
On Rosin Class K less twenty per cent
0n Turpentine Class R with ten per cent added for any distance
On classes C D F J and P the Standard Tariff without percentage
On Coal and Coke For fifty miles and under Class L for one hundred miles and over fifty miles Class L less five per cent
Over one hundred miles Class L less ten per cent
On Lime and Ice the Standard Tariff with ten per cent added 8
114
3 Passenger Tariff Waycross AirLine Railway Company r On and aftergthe 8th day of September 1893 the Waycross AirLine Railway Company will be allowed to charge for the transportation of passengers per Class B 4 cents per mile
By order of theBoard
L N Trammell Chairman
A C Briscoe Secretary
Office of the Railroad Commission of Georgia
Atlanta Ga September 8 1893
L N Trammell Chairman 1
Virgil Powers V Commissioners
Allen Fort J
A C Briscoe Secretary
CIRCULAR No 230
Estimated Weights To he Substituted for Rule IVo 0
Lumber coal lime and stone and all other articles for which estimated weights are given in the classification except live stock ale and beer and empty ale and beer packages in less than carload lots will be taken at actual weights when the weights can be ascertained by a sworn weigher who shall balance the scales immediately before weighing and see that the car k entirely free from all bearing of other car or cars except where lumber laps from one car to another and shall keep a record of the road to which the car belongs its number marked weight and the gross weight of the car as loaded and shall attach to the bill of lading a certificate of his acts and doings and sign the same as a sworn weigher but when the weights cannot be so ascertained will be charged for at the following estimated weights
Per 1000 feet
White pine and poplar thoroughly seasoned 3000 pounds
White pine and poplar green 4 000
Yellow pine black walnut ash seasoned 4 000
Yellow pine black walnut ash green 4 5qq
Yellow pine boards two inches and less seasoned and undressed g 3500
Yellow pine boards two inches and less dressed and seasoned Li 3000
Oak hickory elm seasoned 4 000
Oak hickory elm green 6000
Flooring and ceiling matched and dressed li inches 2500
116
Bevelled weather boards dressed 1500 pounds
Hooppoles staves and heading dry carloads to depth of
50 inchesu 5w24000
Hooppoles staves heading green carload to depth of 43
inches 24000
Shingles dry per 1000 450
Shingles green per 1000 500
Laths dry per 1000j 475
Laths green per 1000
Tanbark dry per cord 2000
Tanbark green per cord2600
Fence posts and rails and telegraph poles per cord 3500
Clay per cubic yard 3000 u
Sand per cubic yard 3000
Gravel per cubic yard 3200
Stone undressed per cubic foot 160
Lime per bushel 80
Coal per bushel7 80
Coke per bushel 40 li
Portland cement per barrel 400
Other cementsr 300 u
weighers certificate
1 f sworn weigher for the Railroad at
do certify on oath that I this day of weighed car
Noif of the Railroad loaded with that the
gross weight waspounds that the marked weight of the car was
pounds that said car while being weighed was disconnected except where lumber laps and free from all bearing of other cars that the scales were balanced immediately before weighing said car and to the best of my knowledge the weights are correct
Signed
Weigher for
At
Railroad
117
Rule No 33
The railroads in this State within thirty days from September 15 1893 shall cause to be weighed by a sworn weigher all lumber and coal cars belonging to them and have the weights marked upon said cars and the numbers date and weights reported to this office
By order of the Board
A C Briscoe L N TRAMMELL
Secretary Chairman
118
Railroad Commission of Georgia
Atlanta Ga September 26 1893
L V Trammell Chairman 1
Virgil Powers Commissioners
Allen Fort j
A C Briscoe Secretary
CIRCULAR Vo 231
From and after the 20th day of October 1893 the following changes in the Commissioners Classification will be in effect
Stereotype Plates boxed for newspapers from manufacturers C R 2d class
Stereotype Plates old boxed returned to manufacturer C R 5th class Stereotype Plates V O S C R 2d class
Cotton Seed valuable for planting less than 2000 lbs C R 3d class Cotton Seed valuable for planting L C L over 2000 lbs C R 6th class
MerryGoRounds L C L C R 1st class
MerryGoRounds C L C R 4th class
Amending Rule Mo SO
Rule Vo 20 of the Rules Governing the Transportation of Freight as published in Circular Vo 230 is hereby amended by adding after the words Bill of Lading the words or waybill
By order of the Board
A C Briscoe L V TRAMMELL
Secretary Chairman
m
EXTRACTS FROM THE
CONSTITUTION of the STATE OF GEORGIA
BELATIUG TO ZBATHHeO DS
Together with the Law Creating a Railroad Commission
CONSTITUTION
ARTICLE IVSection II
Paragraph I The power and authority of regulating railroad freight and passenger tariffs preventing unjust discriminations and requiring reasonable and just rates of freight and passenger tariffs are hereby conferred upon the General Assembly whose duty it shall be to pass laws from time to time to regulate freight and passenger tariffs to prohibit unj ust discriminations on the various railroads of this State and prohibit said roads from charging other than just and reasonable rates and eniorce the same by adequate penalties
Par III The General Assembly shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same nor pass any other general or special law for the benefit of said corporation except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution and every amendment of any charter of any corporation in this State or any special law for its benefit accepted thereby shall operate as a novation of said charter and shall bring the same under the provisions of this Constitution Provided That this section shall not extend to any amendment for the purpose of allowing any existing road to take stock in or aid in the building of any branch road
Par IV The General Assembly of this State shall have no power to authorize any corporation to buy shares or stock in any other corporation in this State or elsewhere or to make any contract or agreement whatever with any such corporation which may have the effect or be intended to have the effect to defeat or lessen competition in their respective businesses or to encourage monoply and all such contracts and agreements hall be illegal and void
Par V No railroad company shall give or pay any rebate or bonus in the nature thereof directly or indirectly or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage and any such payments shall be illegal and void and these prohibitions shall be enforced by suitable penalties
Par VI No provisions of this article shall be deemed held or taken to impair the obligation of any contract heretofore made by the State of Georgia
Par VII The General Assembly shall enforce the provisions of this article by appropriate legislation
Power to regulate rates and fares
Corporations subject to the provisions of this constitution
Corporations not authorized to buy shares tending to defeat competition
No secret
rebate
allowed
Not intended to impair contracts
Appropriate legislation re quired
120
The following is the law under which the Railroad Commission was created being Act No 269 Part 1 Title 12 of the Acts and Resolutions of the General Assembly of the State of Georgia 18781879
AN ACT
To provide for the regulation of railroad freight and passenger tariffs in this State to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights and to prohibit railroad companies corporations and lessees in this State from charging other than just and reasonable rates and to punish the same and prescribe a mode of procedure and rules of evidence in relation thereto and to appoint Commissioners and to prescribe their powers and duties in relation to the same
Whereas It is made the duty of the General Assembly in article 4 paragraph 2 and section 1 of the Constitution to pass laws from time to time to regulate freight and passenger tariffs to prohibit unjust discrimination on the various railroads of this State and to prohibit railroads from charging other than just and reasonable rates and enforce the same by adequate penalties therefore
sioners8 Section I Be it enacted by the General Assembly of Georgia That there shall be three appoint Commissioners appointed by the Governor with the advice and consent of the Senate ancfsaaryto carry out the provisions of this Act of whom one shall be of experience in the law and one of experience in the railway business After the expiration of the terms of theoffice of the Commissioners first appointed the term of office of successors shall be six years but at the first appointment one Commissioner shall be appointed for two years one for four years and one for six years The salary of each Commissioner shall be twentyfive hundred dollars to be paid from the Treasury of the State Any Commissioner may be suspended from office by order of the Governor who shall report the facti of such suspension and the reasons therefor to the next General Assembly and if at majority of each branch of the General Assembly declare that said Commissioner shall be removed from office his term of office shall expire The Governor shall have thesame power to fill vacancies in the office of Commissioner as to fill other vacancies and if for any reason said Commissioners are not appointed during the present session of the General Assembly the Governor shall appoint them thereafter and report to the next Senate but the time until then shall not be counted as part of the term of office of said Commissioners respectively as herein provided Said Commissioners shall take an oath of office to be framed by the Governor and shall not jointly or severally or in any way be the holders of any railroad stock or bonds or be the agent or employee of any railroad company or have any interest in any way in any railroad and shall so continue duringthe term of office and in case any Commissioner becomes disqualified in any way heshall at once remove the disqualifications or resign and on failure so to do he must besuspended from office by the Governor and dealt with as hereinafter provided In any case of suspension the Governor may fill the vacancy until the suspended Commissioner is restored or removed
Location of Sec II That said Commissioners shall be furnished with an office necessary furniture
OlfiC GDI 1
ployment and stationery and may employ a Secretary or Clerk at a salary of fifteen hundred dolretary ex lars at ttie exPense of the State The office of said Commissioners shall be kept in Atpenses etc lanta and all sums of money authorized to be paid by this Act out of the State Treasury shall be paid only on the order of the Governor Provided That the total sum to be
121
expended by said Commissioners for office rent furniture and stationery shall m no case exceed the sum of eight hundred 800 dollars or so much thereof as may be necessary per annum
Sec III That from and after the passage of this Act if any railroad corporation rail0 organized or doing business in this State under any Act of incorporation or general law roads forof this State now in force or which may hereafter be enacted or any railroad corpora bldden tion organized or which may hereafter be organized under the laws of any other State and doing business in this State shall charge collect demand or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description or for the use and transportation of any railroad car upon its track or any of its branches thereof or upon any railroad within this State which it has the right license or permission to use operate or control the same shall be deemed guilty of extortion and upon conviction thereof shall be dealt with as hereinafter provided
Sec IY That if any railroad corporation as aforesaid shall make any unjust discrimi Unjust disnation in its rates or charges of toll or compensation for the transportation of passengers tion foror freights of any description or for the use and transportation of any railroad car upon blddenits said road or upon any of the branches thereof or upon any railroads connected therewith which it has the right license or permission to operate control or use within this State the same shall be deemed guilty of having violated the provisions of this Act and upon conviction thereof shall be dealt with as hereinafter provided
Sec V That the Commissioners appointed as hereinbefore provided shall as proDuty of vided in the next section of this Act make reasonable and just rates of freight and sioners passenger tariffs to be observed by all railroad companies doing business in this State on the railroads thereof shall make reasonable and just rules and regulations to be observed by all railroad companies doing business in this State as to charges at any and all points for the necessary handling and delivering of freights shall make such just and reasonable rales and regulations as may be necessary for preventing unjust discriminations in the transportations of freight and passengers on the railroads in this State shall have the power to make just and reasonable joint rates for all connecting railroads doing business in this State as to all traffic or business passing from one of said roads to another and to require the location of such depots and the establishment of such freight and passenger buildings as the condition of the road the safety of freight and the public comfort may require Provided however That before applying joint rates to roads that are not under the management and control of one and the same company the Commissioners shall give thirty days notice to said roads of the joint rate contemplated and of its division between said roads and give hearing to roads desiring to object to the same shall make reasonable and just rates of charges for use of railroad cars carrying any and all kinds of freight and passengers on said railroad no matter by whom owned or carried and shall make juat and reasonable rules and regulations to be observed by said railroad companies on said railroads to prevent the giving or paying of any rebate or bonus directly or indirectly and from misleading or deceiving the public in any manner as to the real rates charged for freight and passengers Provided That nothing in this Act contained shall be taken as in any manner abridging or controlling the rates for freight charged by any railroad company in this State for carrying freight which comes from or goes beyond the boundaries of the State and on which freight less than local rates on any railroad carrying the same are charged by such railroad but said railroad
122
companies shall possess the same power and right to charge such rates for carrying such freights as they possessed before the passage of this Act and said Commissioners shall have full power by rules and regulations to designate and fix the difference in rates of freight and passenger transportation to be allowed for longer and shorter distances on the same or different railroads and to ascertain what shall be the limits of longer and shorter distances
Commis Sec YI That the said Railroad Commissioners are hereby authorized and required shall make to make for each of the railroad corporations doing business in this State as soon as rateul ubPraccae a schedule f Just and reasonable rates of charges for the transportation of Hsh same passengers and freights and cars on each of said railroads and said schedule shall in e c suits brought against any such railroad corporations wherein is involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars or unjust discrimination in relation thereto be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads and said Commissioners shall from time to time and as often as circumstances may require change and revise said schedules When any schedule shall have been made or revised as aforesaid it shall be the duty of said Commissioners to cause publication thereof to be made for one time in some public newspaper published in the cities of Atlanta Augusta Albany Savannah Macon Rome Athens Americus and Columbus in this State at a rate not to exceed fifty cents per square of usual advertising space when lessthan a column is occupied or more than twelve dollars per column when as much space as a column or more is occupied by inserting said schedule or change of any schedule so that said newspaper shall not charge for such advertising any rate in excess of that allowed for county legal advertising and after the same shall be so published it shall be the duty of all such railroad companies to post at all their respective stations in a conspicuous place a copy of said schedule for the protection of the people Provided That the schedule thus prepared and published as aforesaid for all the railroad companies now organized under the laws of this State or that may be organized at the time of said publication Provided That when any rate or change is made by the Commissioners that affects only one road or roads in a particular locality the insertion need only be made in the paper published in one of the cities named nearest where the change is made Act 27th September 1883 Provided That the schedules thus prepared shall not be taken as evidence as herein provided until schedules shall have been prepared and published as aforesaid for all the railroad companies now organized under the laws of this State or that may be organized at the time of said publication All such schedules purporting to be printed and published as aforesaid shall be received and held in all such suits as prima facie the schedules of said Commissioners without further proof than the production of the schedules desired to be used as evidence with a certificate of the Railroad Commission that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named and that the same has been duly published as required by law
Jurisdic gEC yn That it shall be the duty of said Commissioners to investigate the books power of and papers of all the railroad companies doing business in this State to ascertain if the rules and regulations aforesaid have been complied with and to make personal visitation of railroad offices stations and other places of business for the purpose ot examination and to make rules and regulations concerning such examination which rules and regulations shall be observed and obeyed as other rules and regulations aforesaid said
123
Commissioners shall also have full power and authority to examine all agents and employees of said railroad companies and other persons under oath or otherwise in order to procure the necessary information to make just and reasonable rates of freight and passenger tariffs and to ascertain if such rules and regulations are observed or violated and to make necessary and proper rules and regulations concerning such examinations and which rules and regulations herein provided for shall be obeyed and enforced as all other rules and regulations provided for in this Act
Sec VIII That all contracts and agreements between railroad companies doing business in this State as to rates of freight and passenger tariffs shall be submitted to said siouers Commissioners for inspection and correction that it may be seen whether or not they tractsbearea violation of law or of the provisions of the Constitution or of this Act or of ihetweJ railrules and regulations of said Commissioners and all arrangements and agreements whatever as to the division of earnings of any kind by competing railroad companies doing business in this State shall be submitted to said Commissioners for inspection
and approval in so far as they affect rules and regulations made by said Commissioners to secure to all persons doing business with said companies just and reasonable rates of freight and passenger tariffs and said Commissioners may make such rules and regulations as to such contracts and agreements as may then be deemed necessary and proper and any such agreement not approved by such Commissioners or by virtue of which ratesshall be charged exceeding the rates fixed for freight and passengers shall be deemed held and taken to be violations of article 4 section 1 paragraph 4 of the Constitutionand shall be illegal and void
Sec IX That if any railroad company doing business in this State by its agents or penalty for employees shall be guilty of a violation of the rules and regulations provided and prescribed by said Commissioners and if after due notice of such violation given to the principal officer thereof ample and full recompense for the wrong or injury done thereby to any person or corporation as may be directed by the Commissioners shall not be made within thirty days from the time of such notice such company shall incur a penalty for each offence of not less than one thousand dollars nor more than five thousand dollars to be fixed by the presiding judge An action for the recovery of such penalty shall lie in any county in the State where such violation has occurred or wrong has been perpetrated and shall be in the name of the State of Georgia The Commissioners shall institute such action through the AttorneyGeneral or SolicitorGeneral whose fees shall be the same as now provided by law
Sec X That if any railroad company doing business in this State shall in violation Io3ries reof any rule or regulation provided by the Commissioners aforesaid inflict any wrong from violaor injury on any person such person shall have a right of action and recovery for such eSoi wrong or injury in the county where the same was done in any court having jurisdiction thereof and the damages to be recovered shall be the same as in actions between individuals except that in cases of willful violation of law such railroad companies shall be liable to exemplary damages Provided That all suits under this Act shall be brought within twelve months after the commission of the alleged wrong or injury
Sec XI That in all cases under the provision of this Act the rules of evidence shall Rules of be the same as in civil actions except as hereinbefore otherwise provided All fines evidence recovered under the provisions of this Act shall be paid into the State Treasury to be used for such purposes as the General Assembly may provide The remedies hereby given the persons injured shall be regarded as cumulative to the remedies now given by
124
Meaning of terms
Duplicate
freight
receipts
Reports of Commissioners
Power of Commissioners over witnesses
Railroad officers to report to Commissioners
law against railroad corporations and this Act shall not he construed as repealing any statute giving such remedies
Sec XII That the terms railroad corporation or railroad company contained in this Act shall be deemed and taken to mean all corporations companies or individ nals now owning or operating or which may hereafter own or operate any railroad in whole or in part in this State and the provisions of this Act shall apply to all persons firms and companies and to all associations of persons whether incorporated or otherwise that shall do business as common carriers upon any of the lines of railroad in this State street railways excepted the same as to railroad corporations hereinbefore mentioned
Sec XIII That all railroad companies in this State shall on demand issue duplicate freight receipts to shippers in which shall be stated the class or classes of freight shipped the freight charges over the road giving the receipt and so far as practicable shall state the freight charges over other roads that carry such freight When the consignee presents the railroad receipt to the agent of the railroad that delivers such freight such agent shall deliver the article shipped upon payment of the rate charged for the class of freights mentioned in the receipt If any railroad company shall violate this provision of the statute such railroad company shall incur a penalty to befixed and collected as provided in section nine of this Act
Sec XIV That it shall he the duty of the Commissioners herein provided for to make to the Governor annual reports of the transactions of their office and to recommend from time to time such legislation as they may deem advisable under the provisions of this Act
Sec XY That said railroad Commissioners in making any examination for the purpose of obtaining information pursuant to this Act shall have power to issue subpoenas for the attendance of witnesses by such rules as they may prescribe And said witnesses shall receive for such attendance two dollars per day and five cents per mile traveled by the nearest practicable route in going to and returning from the place of meeting of said Commissioners to be ordered paid by the Governor upon presentation of subpoenas sworn to by the witnesses as to the number of days served and miles traveled before the Clerk of said Commissioners who is hereby authorized to administer oaths In case any person shall willfully fail or refuse to obey such subpoena it shall be the duty of the Judge of the Superior Court of any county upon application of said Commissioners to issue an attachment for such witness and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners and said court shall have power to punish for contempt as in other cases of refusal to obey the process and order of such court
Sec XYI That every officer agent or employee of any railroad company who shall willfully neglect or refuse to make and furnish any report required by the Commissioners as necessary to the purpose of this Act or who shall willfully and unlawfully hinder delay or obstruct said Commissioners in the discharge of the duties hereby imposed upon them shall forfeit and pay a sum of not less than one hundred nor more than five thousand dollars for each offence to be recovered in an action of debt in the name of the State
Sec XVII That all laws militating against this Act are hereby repealed
Approved October 14 1879
125
y
2iT ACT
To enlarge the powers of the Railroad Commission of Georgia to prescribe for them additional duties and for other purposes
Section 1 Be it enacted by the General Assembly of the State of Georgia That from and Duty to inafter the passage of this Act it shall be the duty of the Railroad Commission of the through6 State of Georgia to investigate thoroughly all through freight rates from points out raesof Georgia to points in Georgia both those now fixed and those that rhay hereafter be fixed
Sec 2 Be it further enacted That whenever the Railroad Commission of Georgia Shall call finds that a through rate charged into or out of Georgia is in their opinion excessive ofilroad or unreasonable or discriminating in its nature it shall be the duty of the Railroad officialsto Commission to call the attention of the railroad officials in Georgia to the fact and to nations urge upon them the propriety of changing such rate or rates
Sec 3 Be it further enacted That whenever such rates are not changed according to Shall apthe suggestion of the Railroad Commission it shall be the duty of the Commission to Estate1 present the facts whenever it can legally be done to the Interstate Commerce Commis Commission and appeal to it for relief S10n
Sec 4 Be it further enacted That in all work devolving upon the Railroad Commis Attorney sion prescribed by this Act they shall receive upon application the services of the required to AttorneyGeneral of this State and he shall also represent them whenever called upon commis to do so before the Interstate Commerce Commission sions
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
Approved December 18 1890
126
POWER TO BRING SUIT
ACT
To amend Section 719f of the Code of Georgia of 1882 and for other purposes
Penalty for violation of rules Amending section IX of original act
Power to institute suit without notice
Section 1 Be it enacted by the General Assembly of the State jof Georgia and it is hereby enacted by the same That section 719i of the Code of Georgia of 1882 be and the same is amended by adding thereto the following
The Commissioners shall have the power in their discretion to institute suit without notice for any violation of any of said rules or regulations whenever in their opinion the circumstances authorize it of which they shall be the sole judges and after the institution of said suit there shall be no settlement of the same without the consent o the said Commissioners so that said section when amended shall read as follows If any railroad company doing business in this State by its agents or employees shall be guilty of a violation of the rules and regulations provided and prescribed by said Commissioners and if after due notice of such violation given to the principal officer thereof ample and full recompense for the wrong or injury done thereby to any person or corporation as may be directed by said Commissioners shall not be made within thirty daysfrom the time of such notice such company shall incur a penalty for each offence of not less than one thousand dollars nor more than five thousand dollars to be fixed by thepresiding judge An action for the recovery of such penalty shall be in any county in the State where such violation has occurred or wrong has been perpetrated and shall be in the name of the State of Georgia The Commissioners shall institute such action through the AttorneyGeneral or SolicitorGeneral or such other attorney at law of this State as the said Commissioners may appoint whose fees shall be the same asnow provided by law
The Commissioners shall have the power in their discretion to institute suit withoutnotice for any violation of said rules and regulations whenever in their opinion the circumstances authorize it of which they shall be the sole judges and after the institution of said suit there shall be no settlement of the same without the consent of the Commissioners
Sec 2 Be it enacted That all laws or parts of laws in conflict herewith are herebyrepealed
Approved October 161891
AMENDING TITLE OF ACT
AIfcT ACT
To amend an Act entitled an Act to provide for the regulation of raVroads freight and passenger tariffs in this State to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights and to prohibit Railroad Companies corporations and lessees in this State from charging other than just and reasonable rates and to punish the same and to prescribe a mode of procedure and rules of evidence in relation thereto and to appoint Commissioners and to prescribe their powers and duties in relation tothe same approved October 14 1879
Section 1 Be it enacted by the General Assembly of this State and it is hereby enacted1
by the authority of the same That the caption of the above recited Act be and the same Caption of is hereby amended as follows towit 79f 0efc
After the word tariffs in the second line add the following words And the loca amended
tion and building of passenger and freight depots so that the whole caption of said By insert
Act will read as follows 15s iancl
the loca
An Act to provide for the regulation of railroad freight and passenger tariffs and the tion and location and building of passenger and freight depots in this State to prevent unjust pasinfer discrimination in the rates charged for transportation of passenges and freights and to ep0tgelht prohibit railroad companies corporations and lessees in this State from charging other than just and reasonable rates and to punish the same and to prescribe a mode of procedure and rules of evidence in relation thereto and to appoint Commissioners
And to prescribe their powers and duties in relation to the same
Sec 2 Be it further enacted That all laws in conflict with the foregoing be and the same are hereby repealed
Approved August 31 1891
INSPECTION OF RAILROAD TRACKS
ACT
To give the Railroad Commission of Georgia authority upon complaint made to inspect the railroads of any railroad or any pari of any railroad in this State and if found in an unsafe or dangerous condition to require the same put and kept in such condition as will render travel over the same safe and expeditious to provide a penalty for failing to obey the orders of the said Commission and for othe purposes
Section 1 Be it enacted by the General Assembly of the State of Georgia That from and inspection after the passage of this Act the Railroad Commission of this State is hereby empowered and required upon complaint made to inspect for themselves or through an agent the required railroads or any railroad or any part of any railroad in this State and if the same is found tion un1 in an unsafe or dangerous condition to require the same put and kept in such condition pnd5 as will render travel over the same safe and expeditious Provided That reasonable time kept in safe be given the railroad authorities in which to accomplish the work or repairs that may Reason a be required or ordered Provided That this Act shall not limit or affect the liability of e 1to
railroads in cases of damage to person or property Not to af
fect liabil
Sec 2 Be it further enacted That any railroad failing or refusing to obey the orders damages of said Commission within the time allowed for said work shall be liable to a penalty Penaty for of not more than five thousand dollars to be recovered by asuit brought in the name of not obeythe State in which suit the AttorneyGeneral or SolicitorGeneral shall represent the 1Dg order St ite and his fees shall be the same as now provided by law Suits shall be brought in the county where the wrong or violation occurs
Sec 3 Be it further enacted That all laws and parts of laws in conflict with this Act be and the same are hereby repealed
Approved October 17 1891
128
STORAGE CHARGES
Commission to fix charges for storage And when such charges shall begin Power to vary rates
Provisions of other acts as to Railroad Commission applicable to them
AIT ACT
To require the Railroad Commission to fix rates of storage to be charged by Railroad Companies in this State to prescribe regulations for charging the same and to prescribe how suit shall be brought for overcharges and to fix the measure of recovery and far other purposes
Section 1 Be it enacted by the General Assembly of Georgia That from and after the passage of this Act power is hereby conferred on the Railroad Commission of Georgia and they are required to fix and prescribe a schedule of maximum rates and charges for storage of freight made and charged by Railroad Companies doing business in this State and to fix at what time after the reception of freight at place of destination such charges for storage shall begin with power to vary the same according to the value and character of the freight stored the nature of the place of destination and residence of consignee and such other facts as in their judgment should be considered in fixing the same
Sec 2 Be it further enacted That all the provisions of the Act creating said Railroad Commission and Acts amendatory thereof prescribing the procedure of said Commission in fixing freight and passenger tariffs and hearing complaints of carriers and shippers and of altering and amending said tariffs shall apply to the subject of fixing and amending rates and charges for storage as aforesaid
Sec 3 Be it further enacted That no Railroad Company shall make or retain directly or indirectly any charge for storage of freight greater than that fixed by the Commission for each particular storage nor shall they discriminate directly or indirectly by means ot rebate or any other device in such charges between persons
Sec 4 Be it further enacted That if any Railroad Company shall violate the provisions of this Act either by exceeding the rates of storage prescribed of by discriminating as aforesaid the person or persons so paying such overcharge or subjected to such discrimination shall have the right to sue for the same in any court of this State having jurisdiction of the claim and shall have all the remedies and be entitled to recoverthe same penalties and measure of damages as is prescribed in the case of overcharge of freight rates upon making like demand as is prescribed in such case and after like failure to pay the same
Sec 5 Be it enacted That all laws and parts of laws in conflict with this Act be and the same are hereby repealed
Approved October 17 1891
129
TO REGULATE EXPRESS AND TELEGRAPH COMPANIES
AItT AST
To extend the powers of the Railroad Commissioners so as to give them power and authority to regulate charges by Express Companies for transportation to regulate charges of Telegraph Companies for the transmission of messages by telegraph or charges by persons engaged in the several businesses named herein to apply the powers given to said Commissioners by law over Railroad Companies to all companies or persons owning controlling or operating a line or lines of Express and Telegraph and make the penalties prescribed against railroads for violating Commissioners rules apply to the companies and persons herein named whose line or lines is or are wholly or in part in this Stale and for other purposes
Section 1 Beit enacted by the General Assembly of the State of Georgia That from and andTrf after the passage of this Act all companies or persons owning controlling or operating graph6 e or that may hereafter own control or operate a line or lines of Express or Telegraph to be S whose line or lines is or are in whole or in part in this State shall be under the control oftheCoof the Railroad Commissioners of this State who shall have full power to regulate the missionprices to be charged by any company or person or persons owning controlling or operat tion ofUla ing any line or lines of Express and Telegraph for any service preformed by such com
pany person or persons j and all the powers given to said Commissioners over railroads over railin this State and all the penalties prescribed against Railroad Companies or persons penlitfe1 operating railroads by existing laws embraced in sections of the Code of 1882 from asainsfc Section 719a to Section 719p both inclusive are hereby declared to be of force force as against corporations companies or a person or persons owning controlling or operating tfelstml a line or lines of Express and Telegraph doing business in this State whose line or lines teleTaPh is or are wholly or in part in this State so far as said provisions of the Code can be companiesmade applicable to any corporation company person or persons owning controlling or applicable operating a line or lines of Express and Telegraph The said Commissioners shall also have power and authority to require said companies to locate agencies at Railroad enctesf Stations
Sec 2 Be it further enacted by the authority aforesaid That the powers of the Cornmis Regulation sioners to regulate charges by corporations companies and persons herein referred to onChasS6S shall apply only to charges by express for transportation from one point to another in transportathis State and messages sent by telegraph from one point to another in this State messages
Sec 3 Be it further enacted That all laws and parts of laws in conflict with this Act Sfcale be and the same are hereby repealed
Approved Oct 21 1891
9
130
The following extracts from the laws of the State on the subject of transportation of passengers and freight by Railroad Companies are here inserted as relating to matters of general interest
A
Liability of Railroad companies are common carriers and liable as such Code of Georgia Section
Railroad
Companies 2Uoo
as carriers B
Time Of A common carrier is bound to receive all goods and passengers offered that he is able responsi anj accustomed to carry upon compliance with such reasonable regulations as he may
mitY adopt for his own safety and the benefit of the public Code Section 2070
C
Whatpas Carriers of passengers may refuse to admit or may eject from their conveyances all sengers pers0ns refusing to comply with reasonable regulations or guilty of improper conduct
refused or of bad dissolute doubtful or suspicious characters So they may refuse to convey
persons seeking to interfere with their own business or interest Code Section 2082
D
Carrier of A carrier of passengers is bound to extraordinary diligence on behalf of himself and passen hisaffpiits to protect the lives and persons of his passengers But he is not liable for
g6rS injuries to the person after having used such diligence Code Section 2067
E
For ba The carrier of passengers is responsible only for baggage placed in his custody yet a gage passenger cannot relieve himself from liability for freight by assuming to take care of his own baggage Code Section 2071
F
On bag It is the duty of the railroad company to cause their conductors agents or employees
gage to be provided with checks so as to check all trunks or separate baggage of passengers from station to station on their roads when required And it is the duty of the conductor of every passenger train to cause upon application to him all trunks and baggage to be checked from any station to any point of destination on their road or any road running under the control of the company of which he is conductor The carrier of passengers hasa lien on the baggage not only for its freight but for the passengers fare Code Section 2079
G
Lmit as to A carrier of passengers may limit the value of the baggage to be takenJor the fare paid value of jn cage 0f ioss however and though no extra freight has been demanded or paid the
baggage responsible for the value of the baggage lost provided the same be only such
articles as a traveler for business or pleasure would carry for his or her own use Code Section 2081
H
Water and Railroad companies shall keep in each passenger car or in any car in which passengers railroad are transported an adequate supply of good pure drinking water at all hours during the day or night and lights during the night for the use of passengers Any conductor
131
or ag mt of said roads being requested by any passenger to furnish a sufficient supply of water to the passengers in each car and light at night and shall pass any depot or station without so doing shall be liable to be indicted in any county through which the road runs and upon conviction shall be punished as prescribed in Section 4310 of the Code
Code Section 4585
I
All common carries of passengers for hire in this State shall furnish like and equal Equal acacco nmodations to all persons without distinction of race color or previous condition commodaCode Section 45 86 turns to all
J
The conductors of all trains carrying passengers in this State are invested with all the Poiice of powers duties and responsibilities of police officers while on duty on their trains They railroads may eject all persons gambling or guilty of disorderly conduct or using profane or vulgar language and may command the assistance of the employees of the company and ot the passengers on the train to assist in the removal of such offending person or persons Code Section 4586a
K
Whenever any passenger train on any railroad in this State shall be more than onehalf Posting
hour behind its schedule time when it passes a depot at which there is a telegraph time of deoperator and during the hours when such operator is required to be on duty it shall be trainl the duty of such railroad company to keep posted at every succeeding telegraph station along its line the time such train is behind its schedule Provided That such bulletin shall not be required to be posted at any station until onehalf hour before the regular schedule time at which such train is to arrive at the station at which such bulletin is required kept Acts 18845 p 119
L
The carrier is bound to extraordinary diligence In cases of loss the presumption is carriers against him and no excuse avails him unless it was occasioned by the act of God or the bound to public enemies of the State Code Section 2066 naryX
gence
M
A common carrier cannot limit his legal liability by any notice given either by publi Effect of cation or by entry on receipts given or tickets sold He may make an express contract fotv e to and will then be governed thereby Code Section 2068
N
A common carrier is bound not only for the safe transportation and delivery of goods Bound to but also that the same be done without unreasonable delay Code Section 2078 deliver
j y wuvu wiu without un
reasonable
O delay
The responsibHity of the carrier commences with the delivery of the goods either to Time of rehimself or his agent or at the place where he is accustomed or agrees to receive them sPnsibi1
It ceases with their delivery at destination according to the direction of the person send ing or according to the custom of the trade Code Section 2070
132
Carrier has Hen on goods
Fraud on carrier
Freight lists how made out
Receipts of carrier
Duplicate
freight
receipts
Liability of railroads where there are several
Roads required to deliver to and receive cars from connecting roads
P
The carrier has a lien on the goods for the freight and may retain possession until it is paid unless this right is waived by special contract or actual delivery This lien exists only when the carrier has complied with his contract as to transportation He can recover pro rata for the actual distance transported when the consignee voluntarily receives the goods at an intermediate point Code Section 2077
Q
The carrier may require the nature and value of the goods delivered to him to be made known and any fraudulent acts sayings or concealment by his customers will release him from liability Code Section 2080
R
All freight bills or freight lists charged against or to be collected out of any person for whom a railroad shall carry freight in this State shall contain the items of freight charged in said bills or freight lists by some certain and specific description before they shall be collectible Code Section 2078
S
Whenever any party shall deliver any freight to any railroad steamboat or express company in this State for transportation it shall be the duty of the company on demand to furnish the party so delivering a good and valid receipt for the same which receipt shall specify the shipping mark or marks and numbers thereon and the weight of such article whenever the value can be estimated by weight and where the value cannot be thus estimated the receipt shall give a general description of such article and shah specify as nearly as practicable the quantity or value thereof and also the place of destination A violation of this law constitutes a misdemeanor Code Section 4604
T
All railroad companies in this State shall on demand issue duplicate freight receipts to shippers in which shall be stated the class or classes of freight shipped the freight charges over the road giving the receipt and so far as practicable shall state the freight charges over other roads that carry such freight When the consignee presents the railroad receipt to the agent of the road that delivers such freight such agent shall deliver the article shipped on payment of the rate charged for the class of freights mentioned in the receipts Code Section 719m
U
Where there are several connecting railroads under different companies and the goods are intended to be transported over more than one railroad each company shall be responsible only to its own terminus and until delivered to the connecting road the lastcompany which has received the goods as in good order shall be responsible to the consignee for any damage open or concealed done to the goods and such companies shall settle among themselves the question of ultimate liability Code Section 2084
y
Railroads are required to switch off and deliver to any connecting road of the same gauge all cars consigned to points on or beyond such connecting road Code Section 719q They are also required at the terminus or any intermediate point to receive from the connecting road of the same gauge when offered all cars consigned to any point on the road to which the same is offered and transport said cars to their destina tion with reasonable diligence Acts 18823 p 145
m
w
When any railroad company shall cause to be weighed cars loaded with freight to be shipped and charged for by the carload such weighing shall be done by a sworn weigher such as is provided under the laws of this State for the weighing of cotton rice and other products When cars are weighed singly they shall be uncoupled at both ends and weighed one at a time
When lumber or other like article of freight which from its length laps over from one car to another shall he transported the company may cause two or three of such cars so loaded to be weighed together after being uncoupled from other cars and the aggregate weight shall be averaged Provided In such cases the shipper shall not pay less freight than the amount of freight due on full car loads Acts 18823 p 127
X
No railroad corporation organized or doing business in this State shall make any unjust discrimination in its rates or charges of toll for the transportation of passengers or freight of any description or for the use and transportation of any railroad car on its aid road or upon any of the branches thereof or upon any railroads connected therewith which it has license to operate control or use Code Section 719d Nor shall any railroad company discriminate in its rates or tariffs of freight in favor of any line or route connected with it as against any other line or route nor when a part of its own line is sought to be run in connection with any other route shall such company discriminate against such connecting line or in favor of the balance of its own line but shall have the same rates for all and shall afford the usual and like customary facilities for interchange of freight to patrons of each and all lines alike Code Section 719a
The Proviso to the first section of the Interstate Commerce Law reads as follows Provided however Thatthe provisions of this Act shall not apply to the transportation of passengers or property or to the receiving delivering storing or handling of property wholly within one State and not shipped to or from a foreign country from or to any State or Territory as aforesaid
Weighing by sworn weigher
When iumt eretclaps from one car to another
Unjust diS crimination prohibited
AFFSIXTDIX A
RTJLES
Tariffs and Classification
GOVERNING
EXPRESS COMPANIES
ADOPTED BY THE RAILROAD COMMISSION OF GEORGIA
0s Qmended to ctober 15 1893
APPLYING BETWEEN POINTS WITHIN THE STATE OP GEORGIA
TARIFF A
Merchandise Rates Per Hundred and Graduated Rates for Packages Weighing Less
than One Hundred Pounds
As Fixed by the Railroad Commission of Georgia
m o S5 3 a 03 H T3 rj CO H CIS O cc su S Per 100 lbs RATES PER 100 Pounds SisT 30 40 50 60 70 80 90 100 105 115 120 130 135 140
CO H MILES 20 40 60 80 100 130 160 180 200 250 300 350 400 450
Miles Cents Packages Less than 100 Lb3
1 to 20 30 Over 0 not over 5 25 25 25 25 25 25 25 25 25 25 25 25 25 25
21 to 40 40 Over 5 not over 10 25 25 25 25 25 30 30 30 30 30 35 35 40 45
41 to 60 50 Over 10 not over 20 25 25 25 25 30 30 30 30 35 35 40 45 45 50
61 to 80 60 Over 20 not over 30 25 25 25 30 30 35 35 40 45 50 50 50 55 55
81 to 100 70 Over 30 not over 40 25 25 30 35 40 45 45 50 50 60 65 65 70 75
101 to 130 80 Over 40 not over 50 25 30 35 40 45 50 55 60 65 70 75 80 85 90
181 to 160 90 Over 50 not over 60 25 30 35 45 55 60 65 70 75 85 95 100 105 110
161 to 180 1 00 Over 60 not over 70 25 35 45 50 60 70 75 80 95 100 110 120 130 130
181 to 200 1 05 Over 70 not over 80 30 40 50 60 70 75 90 100 105 115 120 130 135 140
201 to 250 1 15 Over 80 not over 90 30 40 50 60 70 80 90 100 105 115 120 130 135 140
251 to 300 1 20 Over 90 not over 100 30 40 50 60 70 80 90 100 105 115 120 130 135 140
Packages weighing five pounds and under shall not be charged more than 25 cents by one company for any distance within this State but when such packages are handled by two or more companies each company may charge 25 cents less 20 per cent
TARIEVE1 J3
GOVERNING PERISHABLES ETC
Rates Per Hundred Pounds and Graduated Rates for Packages Weighing Less thaii One
Hundred Pounds
As Fixed by the Railroad Commission of Georgia
MILES Rates per RATES PER 100 POUNDS Jggg 30 30 35 i 40 45 50 55 60 65 70 75 80 85 90
100 lbs
MILES ter 20 40 60 80 100 130 160 180 200 250 300 350 400 450
Cents Packages Less than 100 Lbs
1 to 450 Over 0 not over 5 25 25 25 25 25 25 25 25 25 25 25 25 25 25
1 to 20 30 Over 5 not over 10 25 25 25 25 25 25 25 30 30 30 35 40 45 45
21 to 40 30 Over 10 not over 20 25 25 25 25 25 25 30 30 35 35 40 45 45 45
41 to 60 35 Over 20 not over 30 25 23 25 25 25 30 30 35 35 40 45 50 55 55
61 to 80 40 Over 30 not over 40 25 25 25 25 30 30 35 40 40 45 50 55 60 65
SI to 100 45 Over 40 not over 50 25 25 25 30 30 35 40 40 45 50 55 60 65 70
101 to 130 50 Over 50 not over 60 25 25 30 30 35 40 40 45 50 55 60 65 70 75
181 to 160 55 Over 60 not over 70 25 30 30 35 40 45 45 50 55 60 65 70 75 80
161 to 180 60 Over 70 not over 80 30 30 35 40 45 45 50 55 60 65 70 75 80 85
181 to 200 65 Over 80 not over 90 30 30 35 40 45 50 55 60 65 70 75 80 85 90
201 to 250 70 Over 90 not over 100 30 30 35 40 45 50 55 60 65 70 75 80 85 90
distance within this State but when such packages are handled by two or more 25 cents less 20 per cent
than 25 cents by companies each
one company for any company may charge
oo
A
138
TARIFF E
Governing the following perishables when carried by ExpressCompanies
DRESSED POULTRY FRESH FISH FRESH MEAT AND SAUSAGES
Rates per One Hundred Pounds and Graduated Rates for Packages weighing less than One Hundred Pounds on above articles
As fixed by the Railroad Commission of Georgia
KATES PER 100
POUNDS 25 25 25 27 30 35 40 43 45 50 54 58 60 63
Rates
Distance iOOlba
MILES m 20 40 60 80 100 130 160 180 200 250 300 50 400 450
Miles Cents Packages Less Than
100 Lbs
1 to 460 Over 0 not over 5 25 25 25 25 25 25 25 25 25 25 25 25 25 25
1 to 20 25 Over 5 not over 10 25 25 25 25 25 25 25 25 25 27 2S 30 33 35
21 to 40 25 Over 10 not over 20 25 25 25 25 25 25 25 25 27 28 30 35 35
41 to 60 25 Over 20 not over 30 25 25 25 25 25 25 25 27 28 30 33 35 38 40
61 to 80 27 Over 30 not over 40 25 25 25 25 25 25 28 30 30 35 38 40 43 45
81 to 100 30 Over 40 not over 50 25 25 25 25 25 28 30 33 35 38 40 45 45 50
101 to 130 35 Over 50 not over 60 25 25 25 25 30 30 33 5 38 40 45 45 50 55
131 to 160 40 Over 60 not over 70 25 25 25 27 30 33 35 40 40 45 45 50 55 60
161 to 180 45 Over 70 not over 80 25 25 25 27 30 35 40 43 45 50 50 58 60 63
181 to 200 45 Over 80 not over 90 25 25 25 27 30 35 40 43 45 50 50 58 60 63
201 to 250 50 Over 90 not over 100 25 25 25 27 30 35 40 43 45 50 54 58 to 63
139
RULES
RULE 1
The above tariffs are maximum rates and will apply to all Express Companies doing business within the State of Georgia and will be governed by the rules and regulations of the said Express Companies as far as said rules are applicable to the business done within the State of Georgia and are not in conflict with the rules adopted by the Commission governing Express Companies
RULE 2
All charges on freights weighing more than five pounds and passing over two or more railroads under the same management and control by lease ownership or otherwise shall be based on continuous mileage but when said shipments pass over two or more roads not under the same management and control by lease ownership or otherwise 30 per cent may be added to the Express Standard Tariff based on continuous mileage When said shipments are handled by two or more express companies each company may charge its local less ten per cent
Packages weighing five pounds and under shall not be charged more than 25 cents by one company for any distance within this State but when such packages are handled by two or more companies each company may charge 25 cents less 20 per cent
RULE 3
The Express Companies are directed to have published and posted at all their offices in the State of Georgia the said classifications rates and rules with such explanations as are necessary for a full understanding of the same
RULE 4
Graduated rates apply to matter weighing less than one hundred pounds
RULE 5
Two or more packages weighing each 10 pounds or over forwarded by one shipper at the same time to one consignee may be charged for on the aggregate weight as above Packages weighing less than 10 pounds each shipped as in the foregoing section may be aggregated provided they are estimated and charged for as weighing 10 pounds each Actual weight only must be entered on the waybill If articles of different classes are aggregated the charge may be made at the rate applying to the highest class
RULE 6
Valuation ChargesWhen the value of any merchandise shipment C O D or otherwise exceeds5000 the following additional charge may be made on value Charge for value whether insured or not When merchandise rate is 100 or less per 100 pounds 5 cents for each 100 value or fraction thereof When merchandise rate exceeds 100 and not more than 300 per 100 pounds 10 cents for each 10000 value or fraction thereof These rates apply only to packages or shipments of merchandise jewelry and valuable papers
140
RULE 7
If C 0 D matter is refused or cannot be delivered the shipper must be immediatly notified and if not disposed of within thirty days after such notice it maybe returned subject to charge both ways
RULE 8
Gunpowder Dynamite Kerosene Benzine Naphtha Gasoline Matches and all other explosive or dangerous inflammable oils acids or materials must not be received for transportation
RULE 9
Fancy Poultry Pet Stock or Dogs that have paid double merchandise rates to Fairs and Exhibitions may be returned free if accompanied by a certificate from the Secretary that they are being returned to the original owner
RULE 10
No Express office where Express business is done in this State shall be discontinued or abolished without first obtaining the consent of the Commission upon application duly filed by said company wherein shall be stated the reasons therefor
RULE 11
When ice is used for preservation of shipments of commodities in Tariff E including oysters in shell deduct Twentyfive per cent 25 from the gross weight
741
CLASSIFICATION OF PERISHABLES GENERAL SPECIALS ETC
Carried at Less than Merchandise Rates and as Prescribed in
Tariff B
Ale
Apples
Asparagus
Bananas
Beans
Beef Fat
Beer
Beer Tonic
Berries
Butter
Cabbage
Calves dressed
Cantaloupe in crates or bbls Carrots
Celery
Cheese
Cherries
Chestnuts
Cider
Clams
Cocoanuts
Crabs
Crab Meat raw Not including deviled or cooked crabs
Crackers
Cucumbers
Eggs
Egg Plants
Fish Roe
Fish salted or dry
Frogs live
Fruit
Furs coarse
Game
Grapes
Greens
Green Corn
Hides green
Honey in comb strained well packed
Ice Cream
Lard
Lemons
Lettuce gross weight Lobsters
Mineral Water
Okra
Oleo Butter and Oil Oranges
Oysters in shell
Oysters canned
See Scale of weights Parsnips
Peaches
Pears
Peas
Pine Apples
Plums
Pomegranates
Pop
Potatoes
Radishes
Rabbits dead
Skins undressed of any kind Soda Water
Squashes in crates Strained Honey
Sugar Cane
Vegetables green Tomatoes
Terrapins
Trees and Shrubs for planting when boxed or baled prepaid or guaranteed Turtles in barrels
Turtles live
Turnips
Yeast compressed
EXPLANATION OF ABOVE TABLESTo find rate per one hundred pounds
edMtepce for forty miles or any distance between 21 and 40 on the left side of the labble of Merchandise Rates and the column on the right under the head of cents gives the correct rate40 cents
To find the rate on packages less than 100 pounds Look under the head of packages less than 100 pounds and find the weight of package on which rate is wanted and yur Anger along to the right until you get under the number of miles wanted at the top ot the table and where the two cross you will find the rate For examplewanted the rate on a package weighing between 41 and 50 pounds for 60 miles Find weight of package over 40 and not over 50 pounds under head of packages less than PouMs and run your finger to the right until it comes to the column under the 60 miles and it will give the rate wanted35 cents
Extra RateChargesOn matter subject to half rate as one and onehalf or double rate find graduated rate according to tariff and then add onehalf or double it as reExAMpLEIf apaekege weighs 26 pounds rated at double rate and the rate
doublphi0nrf on 3 per 100 Punds the charge for 20 or 25 pounds is 50 cents ciou pie this100is the proper amount
142
CLASSIFICATION OF MERCHANDISE EXPLANATORY NOTES
A means that the article is governed by Tariff A
A means that the article is governed by onehalf of Tariff A
Double A means that the article is governed by two times Tariff A
3 times A means that the article is governed by three times Tariff A
4 times A means that the article is governed by four times Tariff A
8 times A means that the article is governed by eight times Tariff A
Scale of Weights for Oysters Packed in Cans
In order to secure uniformity in weights and charges on shipments of Oysters packed in cans the following scale of weights must be strictly adhered to in all cases Delivering as well as Receiving Offices will see that no deviation is made from it
WAYBILL
WAYBILL
6 Cans packed in Ice 25 lbs
12 4 44 40
16 50
18 60
20 65
24 U 80
30 t 90
36 f 105
44 120
50 4 44 135
56 4 44 150
72 4 4 4 4 195
12 Cans without Ice 30 lbs
18 t 45
24 ft 60
27 65
O 1 CO 1 70
36 85
45 4L 105
54 130
66 155
82 195
To arrive at the proper weight of Boxes or Oases when number of Cans packed differs from the number of Cans given above add two and onehalf pounds for each Can in excess to the next lowest number given on the list and charge at the hundred
pound rate
Shippers must mark the exact number of cans contained in each case
the following special rates are to be used only on the
CONDITIONS NAMED BELOW WITHIN THE STATE
SECTION AAdvertising Matter consisting of Printed Engraved or Photographed Advertisements on paper or cardboard not under glass and Almanacs Signs or Cards without glass in frames or racks may be charged at the Merchandise rate per one hundred pounds for actual weight charges to be prepaid or guaranteed and no charge to be less than 25 cents
NoteThe rates on advertising matter given herein will be applied only on matter distributed gratuitously for advertising purposes and must not be applied on any package containing articles that are sold to the consignee Any article of merchandise packed with advertising matter will subject the shipment to the regular graduate at merchandise rate
SECTION BThe following matter may be charged for at the Merchandise rate per one hundred pounds for actual weight charges to be prepaid or guaranteed
Auxiliary Newspapers Patent insides and other appliances used in place thereof including Reading Matter Plates minimum twentyfive cents
Packages of clothing shipped to or by laundries minimumtwentyfive cents
Catalogues and Prices Current with prices extended to and from dealers and their traveling salesmen value limited to 1000 minimum twentyfive cents
143
Samples of Soap from manufacturers when given away for advertising purposes minimum twentyfive cents
Sample Cans of Cooked Corn from packing houses minimum twentyfive cents Sample Cans of Meat from packing houses minimum twentyfive cents
NoteWhen graduated or other rates quoted in this card are less than these they should be applied When shipments are ordered returned these rates apply
tax following special rates are to reused only on the conditions NAMED BELOW ON BUSINESS WITHIN THE STATE
SECTION CRates on Printed Matter and Seeds and Bulbs prepaid to railroad points only within the State for manufacturers publishers and dealers
The following articles may be carried at ten cents for each one and onehalf pounds or less and for single packages exceeding one and onehalf pounds one cent for each additional two ounces or fraction thereof unless the graduate rate is less
Almanacs
Blanks printed bound or in sheets
Blotters and Blotting Pads Books printed bound or unbound tBulbs
Blank Books
Blank Cards
Blank Envelopes
Card Boards
Calendars
Cards printed
Catalogues
Circulars
Chromos
Chromo Lithographs Cuttings
Engravings
Envelopes address printed Flexible or Paper Patterns Hand Bills
Heliotype Work
Insurance Policies blank Labels
Litho Views of Cities mounted on cloth with rollers
Letter Papers
Lithographs
Magazines
Maps
Ornamented paper Pamphlets
Paper for Cash Registers printed in rolls or sheets
Periodicals
Photographs not framed Plants
Posters
Prospectuses
Proof Sheets
Publications
Roots
Samples of Merchandise including Grain Cloth Medicine and Sample Cards Scions
tSeeds
Sheet Music
Show Cards unmounted Stereoscopic Views
Any of the above mentioned articles which represent advertising may be taken under Section A when it gives a lower rate
tPackages of Bulbs or Seed exceeding 40 ounces in weight 4 cents per package less than rate of onehalf cent per ounce unless regular graduate is less
Printed Matter Rates apply solely to articles enumerated and only when shipped by manufacturers publishers or dealers The value of each package must be limited to Ten Dollars be prepaid and have the nature or the contents written stamped or printed thereon and be so packed that the description may be readily verified by examination
SECTION D Especial care and judgment must be exercised in the use of the following special rates offering them only to manufacturers and dealers to secure large and continuous shipments
Packages of Merchandise not including Jewelry Grocers Samples and Electrotype and Stereotype Plates for advertising cuts value not exceeding 10 may be forwarded at a rate of one cent per ounce
144
Crab soft shell Empties may be returned free 0 R between all points
Sample Cans or Jars securely packed of cooked or preserved fruits vegetables or fish when shipped by manufacturers only pound rates This applies between all points
Samples of Wall Papers sent to dealers
charge pound rates
Onion SetsCharge merchandise rates except that they may also be taken under the head of Rates on Printed Matter Seeds and Bulbs See Section C
Vegetables under head of General Special only covers GreenVegetables used for food
Strawberry and Other Live Plants should be classed as plants see Classification Card and charged lor at merchandise or double merchandise rates as indicated Only trees and shrubs are enumerated under head of General Specials not nursery stock or shipments from nurseries
Packages of Almanacs for city delivery received by freight for distribution may be charged for at 25 cents each
Stencil Plates and Shipping Cards to be used on packages to be returned by express when shipped by commission merchants to their customers may be charged at advertising matter rates as fixed by Section A
Ice Cream at actual gross weight with an allowance of 20 per cent for ice at regular merchandise rates unless there are authorized specials to the contrary
Safety Bicychs not knocked down and boxed or crated charge double merchandise rates same as Ordinary Bicycles
Burlaps which have been used for covering shipments of silk from silk mills may be returned free
Airtight J ersey Butter Jars six in crate to be returned empty when shipped full by express may be returned between all points at 15 cents each
Fish Roe may be classed same as Fresh Fish
Sulkies Knocked Down not Boxed or CratedCharge three times merchandise rateminimum charges 300
Harvesters Knocked DowrnCharge single merchandise rate They should not be classed as Bulky Agricultural Implements on which double merchandise rate is charged as provided in Classification
Shell Clams in Bulk should be waybilled at the estimated weight for Oysters that is 10 pounds to the gallon
Empty Paper Boxes Charge double merchandise rate
Shipment of Posters to Traveling Shows should be taken at graduated merchandise rates and not at the rates given under Section A of Classification Card
RAILROAD COMMISSION OF GEORGIA
145
GENERAL CLASSIFICATION
ExplanationsSpecial rules under each heading apply to all articles enumerated thereunder A stands for single A Rate J A for Onehalf A Rate l A for Once and One half A Rate D A for Doubl A Rate 3 t A for Three Times A Rate Etc Special for Special Rates or Scales of Special Rates In the absence of Special Rates on Special Rate matter use Single Merchandise Rates 0 R for Owners Risk 0 R B for Owners Risk of Breakage K D for Knocked Down Minimum for minimum charge on a single shipmenti e no single charge lessthan the one specified
All articles not enumerated below or not analogous to those enumerated are to be charged for at A Rates
A
Acids dangerous refuse see Rule 8
Advertising Matter see Section
A
Agricultural Implements bulky D A Plows ordinary stirring and
breaking A
Ale B
Almanacs see Section A page
and Section C
Animals and Birds LiveRe ceive them only at 0 R of injury death or escape taking a Release as provided for Live Stock Feed and utensils must be provided by shippers They must be boxed or caged Enter the number of animals in each box or cage on waybill Charges may be
prepaid or guaranteed
Aliigatorsrlive i D A
Cats
Deer
Dogs in boxes at actual wgt or securely chained at 100
lbs each
Ferrets
Guinea Pigs
Opossums
Pet animals
RabbitsJ
Antlers D A
Apples B
Asparagus B
B
Bananas B
Beans b
Beef Fat b
Beer b
Berries B
Butter B
Beer Tonic see Scale of Rates
Bees in stands O R 1 A
Benzine refuse see Rule 8
BicyclesOrdinarysee Vehicles
BicyclesRailroad taken apart see Vehicles
BicyclesSafetyK D and crated see Vehicles
BicyclesSafetynot K D and boxed D A
Bicycle Wheels see Vehicles
BirdsLiveReceive them only at O R of injury death or escape taking a Release as provided for Live Stock Feed and utensils must be provided by shippers Charges must be prepaid or guaranteed Enter the number in each crate on the waybill D A
Blanks printed bound or in sheets see Section C
Blotters and Blotting Pads see Section C
Boats Metallic Folding se
curely packed D A
Boats Row and Canoes including paddles and equipment minimum 200 4 t A
Shells and all Racing Crafts including Outriggers minimum 400 8 t A
Books printed bound or unbound see Section C page
Book Cases same as Furniture
Bread pound rates minimum 25 cents A
Buggies see Vehicles
Burial Cases A
Burros see Live Stock
Bulbs see Section C
146
RULES TARIFFS AND CLASSIFICATIONS
C
Cabbage
Calves dressed
Cantaloupes in crates or bbls
Carrots
Celery
Cheese
Cherries
Chestnuts
Cider
Clams
Cocoanuts
Crabs
Crab meat raw not including deviled or cooked crabs
Crackers
Cucumbers
Calendars see Section G
Calves see Live Stock
Calves dressed see Perishables etc
Cameras Photograph securely
boxed
CamerasPhotograph in light
carrying cases
Canoe see Boats
Cards printed see Section C Carriages see Vehicles CastingsFragile receive only
at O R B
Catalogues see Section C Catalogues and prices current with prices extended to or from dealers and their traveling salesmen value limited to 1000 Section B
Cats see Animals
Chairs see Furniture Children
Chromos see Pictures also Section C
Chromo Lithographs see Section C
Chronometers see Instruments
Cigar Boxes empty
Circulars see Section C Clothing packages of to or from Laundries see Section B Colts See Live Stock
Corn cooked sample cans of see Section B
Cows see Live Stock
Crabs deviled or cooked
Crayon Portraits see Pictures Cuttings see Section C
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
A D A
1 i A
A
A
1
Deer see Animals
DesksSchool see Furniture DesksOffice same as Furniture Dogs see Animals
Doll Carriages and Doll Chairs
of small value A
Dressed Poultry F
Dress Forms D A
Dynamite refuse see Rule 8
E
Eggs 4
EggPlants
Emery Wheels
Empties 0 R returned by the company that carried them when full Unless otherwise provided for they must be called for and delivered by owners and charges must be prepaid Empties not enumerated are to be charged for in accordance with size and weight of analogous empties
When carried by two or more companies between common points charges to be divided equally delivering company to have the odd cent Empties that have not been shipped full by express charge merchandise rates
Bags and sacks for news companies may be transported free or Tariff B rates
Beer Empties may be transported free or Tariff B rates
Berry Stands or Crates10c Each
Bread Baskets or Boxes 5c Each
Butter Tubs and all butter empties except refrigerators 5c Each
Butter Refrigerators15c Each
Cans in boxes or kegs and oil
cans in jackets 10c Each
Cans for Alcohol Fish Oils and Varnishes They may be delivered to regular patrons 15c Each
Clothing Baskets for clothing
houses and merchant tailors 25c Each
Coops 10c Each
Crates and Kennels pet animal or dog minimum 50c A
Demijohns in boxes or kegs 10c Each
Egg Cases 5c Each
Fruit Empties 10c Each
RAILROAD COMMISSION OF GEORGIA
147
Gas Cylinders minimum 15c A
Homing Pigeon Baskets minimum 50c each for each company carrying A
Ice Cream Freezers minimum 15 cents A
Ice Cream Freezers empty may by agreement with owner be returned subject to charges on delivery at rates fixed in classification A
Jars 5c Each
Jugs in boxes or kegs10c Each
Kumyss Boxes25c Each
Liquor Kegs 10c Each
Meat boxes may be returned subject to charges on delivery by agreement with owners 25c Each
Milk Cans may be transported
free or Tariff B rates
Mineral Water Cases may be transported free or Tariff B
rates
Oyster Empties may be transported free or tariff B rates Oyster Empties new sent to be filled and returned by express may be transported
free or Tariff B rates
Tubs or Pails 5c Each
Other New Oyster Empties 10c Each Poney Refrigerators for fruit25c Each Soda Fountains minimum 15c JA
Engravings see Pictures also Section C
Envelopes address printed see Section C
Explosives refuse see Rule 8
Fresh meats
Frogs live
Furs coarse
FishLive When carried by more than one Company rates on Packages each 7 pounds or less do not apply
Fruit
Furniture 0 R B
Boxed or crated
Not boxed or crated D
Burlapped except chairsfrom
manufacturers only
Chairs boxed or crated
Chairs not boxed or crated and not otherwise specified D
Chairs Barber burlapped
boxed or crated
Chairs Dentists boxed or crated not exceeding 75 in
value
Chairs Dentists boxed or crated exceeding 7500 in
value D
Chairs Iron Frame or Folding Opera
Letter File Cases boxed or
crated
Piano Stools boxed or crated
Piano Stools not boxed or
crated D
School Desks
FursCoarse including undressed skins
FursDressed
1
F
Feathers closely compressed
and baled
Feathers not closely compressed
and baled
Ferrets see Animals
Fire Arms O R
Guns or Rifles trussed or boxed or taken apart and packed in sole leather or
canvas cases
When not so packed
Pistols or Revolvers securely
packed
Fire Brick
FishSalted or Dry
FishFresh
Fish Roe
A D A
A 3 t A
A
A
B E B
Game
Gasoline refuse see Rule 8
Ginger Ale
Glass must be boxed or crated
O R B
Ground
Mirrorsr
Stained f
Show CasesJ
Plate
Signs
Window
Goats see live stock
Grapes
Greens
Green Cornj
Guinea Pigs see Animals
Guns see Firearms
Gunpowder refuse see Rule 10
D
WWW j W fW g p tdtt W W H
148
RULES TARIFFS AND CLASSIFICATIONS
If
jr
Harvesters K D
Hand BagsOld
Hand Bills see Section C Heliotype Work see Section C
HidesGreen
HobbyHorses
Hogs see Live Stock
Honey O R refuse unless
properly packed
Honey in comb and strained
well packed
Horses see Live Stock
I
Ice Cream
Inflammables refuse see Rule 8 Instruments 0 R
Musical Instruments encased in wooden boxes in addition
to their own cases
Musical Instruments not boxed not otherwise specified
Pianosboxed minimum500 for each Company carrying Pianos not boxed minimum 500 for each company carrying
Organs boxed
Organs not boxed for music
dealers
Organs not boxed for other
than music dealers
Surveyors Instruments except Tripods must be refused unless boxed Surveyors Instruments enclosed in a single box Or
case
Surveyors Instruments strapped so that they cannot move in their own box or case and covered with one or more additional boxes with proper packing between
Chronometers must be refused unless boxed
Thermometers must be refused unless boxqd or securely packed Value not
exceeding 500 each
Value exceeding 500 each
Tripods
Insurance Policies blank see Section C
B
D A
A
Jarsairtight butter
Jewelry sealed or unsealed rates in Section D do not apply Graduated rates
K
Kerosene refuse see Rule 8
I
B
B
A
3 t A A
1 A A
A
1 A
3t A
A 3 t A
A D A A
Labels see Section C
Lard
Laundries packages of clothing shipped to or by see Section B
Lemons
Lettuce gross weight
Lobsters
Letter File Cases see Furniture Lithographed Views of Cities mounted on cloth with rollers see Section C Lithographic Stones O R must
be boxed or crated
Liquids in glass demijohns or earthenware O R Refuse when enclosed in paper or paper boxes or otherwise improperly packed
Lithographs see Pictures also Section C
Live Stock Receive only at O R of death injury or escape Shipper must be required to sign a contract on the form furnished by the company releasing the Express as well as all transportation companies whose line may be used from any and all liabilities for loss or damage Feed and utensils must be provided by shippers Charges must be prepaid or guaranteed Horses may not be taken unless authorized by Superintendents
Burros crated
Burros not crated not exceeding 500 lbs in weight and 100 in value minimum 5 for each company carrying
Calves crated
Colts see Ponies
Cows not crated estimate single animal at 1000 lbs
A
B
D
i i
D A

RAILROAD COMMISSION OF GEORGIA
149
Cows crated A
a
Horses estimate single animals at 1000 lbs minimum 25 for each company carrying in absence of an agreement to divide the through rate 3 t A
Horses car loads of 10 horses estimate at 10000 lbs and 1000 lbs more for each additional horse A
Ponies or Golts not exceeding 500 lbs in weight and 100 in value minimum 1000 for each company carrying in absence of an agreement to divide the through rate
When not crated 1 J A
When crated A
A Pony Colt or Horse
weighing over 500 lbs net
will be classified same as a
Horse A
Sheep crated A
Lobsters see Perishables
Iff
Magazines see Section C
Maps see Secton C
Marble and Slate manufactured must be boxed or crated O R A
Matches refuse see Rule 8
Mattresses A
Meat sample cans of from packing houses see Section B
MeatFresh or cured B
Men refuse see Rule 8
Mineral Water B
Mirrors see Glass
nr
Naphtha refuse see Rule 10
Negatives see Photographic Dry Plates
Newspapers charge according to local agreements
Newspapers auxiliary see Section B
O
Okra b
Oars crated A
Oars not crated D A
Oleo Butter b
Oleo Oil
Oil explosives or inflammables refuse see Rule 10
Opera Ghairs see Furniture Opossums see Animals
Organs not boxed for other than
music dealers
Oranges
Oysters in shell
Oysters canned see scale of weights
I
Paintings see Pictures Pamphlets see Section C
Paper for Gash Register see Section C
Parsnips
Peaches
Peas
Pears
Pine Apples
Plums
Pomegranates
Pop
Potatoes
Poultry dressed
Patent Insides see Section B
Peanut Roasters
Periodicals see Section C Photographs not framed see Section C
Photographic Dry Plates and
Negatives O R B
Pianos not boxed minimum 500 for each company carrying
Piano Stools see Furniture Pictures O R must be securely crated or boxed and marked Pictures Oil Paintings etc Shippers must invariably declare value and it must be entered on the receipt
Chromos When the de
rw dared value
Crayon Portraits Engravings Lithographs Machines or Sten cil Paintings
Oil Paintings
Pictures
Water Colors
of the ship ment is 50 1 or less f When the de J dared value of the ship fment ex ceeds 5000 J Pigeons Quails or BirdsLive in coops for market or shooting tournaments O R of injury death or escape
B
1
A
A 1 i A
A
D A
m ft pq pq pq pq pq pqpq pq pq
150
RULES TARIEFS AND CLASSIFICATIONS
Coops and contents must not
weigh over 150 lbs A
PigeonsLi ve shipped by Homing Pigeon Clubs O R of injury death or escape in heavy flattopped baskets with insufficient food and water for the trip Minimum 50 cents per basket for each company carrying The same charge to be made on the basket full or empty A
Pistols see Firearms
PlantsLive boxed or crated so that they can be loaded with other freight without
damage prepaid or guaranteed A
Plants when not boxed or
crated prepaid or guaranteed D A
Plants also see Section C
Plows ordinary stirring and
breaking A
Ponies see Live Stock
Pop see Scale of Rates
Posters see Section C
Poultry dressed F
PoultryLive 0 R of injury death or escape Food and utensils must be provided by shippers Coops and contents must not weigh over 150 lbs
Poultry for market A
Poultry other than for market released same as Live Stock charges may be prepaid or guaranteed enter the number of fowls in each coop on the waybill D A
Prices Current see Section B
Produce
Prospectuses see Section C
Proof sheets see Section C
Publications see Section C
S
SausageFresh or cured B
School Desks see Furniture
Scions see Section C
Seeds see Section C
Sewing Machines racked or
boxedL A
Sewing Machines not racked or
boxed O R 1 J A
Sheep see Live Stock
Sheet Music see Section C
Show Cards unmounted see Section C
Show Cases see Glass
Shrubs
Signs see Glass also Section A
SkinsDressed
SkinsUndressed
Slate see Marble
Sleighs see Vehicles
Soap samples of given away for advertising purposes see Section B
Soda Founts charged
Soda Water
Squashes in crates
Strained Honey
Sugar Cane
Statuary O R must be boxed
or crated D
Stencil Plates and Shipping Cards to be used on packages to be returned by Express when shipped by commission merchants to their customers may be charged at advertising matter rate Section A
Stereoscopic Views see Section
C
Sulkies see Vehicles
Surveyors Instruments see Instruments
X
Quail see pigeons
R
RabbitsDead see Perishables
etc
RabbitsLive see Animals
Radishes
Reading Matter Plates see Section B
Revolvers see Firearms
Rifles see Fire arms
Roots see Section C
B
B
Terrapin live
Tricycles see Vehicles
Tripods see Instruments Thermometers see Instruments
Tomatoes
Trees and Shrubs for planting boxed or Jbaled prepaid or
guaranteed
Turtles in bbls
TurtlesLive
Turnips
Typewriting Machines securely boxed
A
pq 4 pq pq pq PQ 5 pq pq pqpqpqpq
RAILROAD COMMISSION OF GEORGIA
151
Typewriting Machines when in their cases only or not secure
ly boxed O R D A
V
Valises old
VegetablesGreen B
Vehicles
Bicycles ordinary D A
Bicycles railroad taken apart A
Bicycles safety K D and boxed or crated A
Bicycle Wheels same as the machine to which they belong except that the small wheel of the Ordinary Bicycle may be taken at merchandise rate when boxed or crated
Buggies K D and boxed or
crated minimum 300 for
each company carrying 1 J A
Buggies not K D and boxed or crated minimum 300 for each company carrying 3 t A
Childrens Carriages D A
Carriages K D and boxed or crated 1 i A
Carriages not K D and boxed or crated 3 t A
Carriages or Buggy Poles with single trees securely attached A
Cutters with Thills detached boxed or crated minimum
300 for each company carrying 1 i A
Sleighs K D and boxed or crated minimum 300 for each company carrying 1 i A
Sleighs not K D not boxed or crated minimum 300 for each company carrying 3 J A
Sleigh with Thills detached boxed or crated minimum
300 for each company carrying 1 A
Sulkies K D and boxed or crated minimum 150 for each company carrying 1 A
Sulkies not K D nor boxed or crated minimum 300 for each company carrying 3 t A
Tricycles K D and boxed or crated A
Tricycles not K D and boxed or crated D A
Velocipedes D A
VelocipedesChildrens A
XV
Watches see Jewelry
Y
Yeast Compressed B

EXPRESS CIRCULARS
ISSUED FROM TIME TO TIME
EXPRESS CIRCULAR No 1
Is embodied in Express Tariff Rules and Classification preceding
155
EXPRESS CIRCULAR No 2
Postponed enforcement of Circular No 1 until April 12th 1892
RAILROAD COMMISSION OF GEORGIA
L N Trammell Chairman
Virgil Powers Commissioners
Allen Fort
A C Briscoe Secretary
Atlanta March 30 1892 EXPRESS CIRCULAR No 3
Tariff B is amended so as to read as follows
TARIFF B
GOVERNING PERISHABLES ETC
Rates per one hundred pounds and Graduated Rates for Packages weighing less than
One Hundred Pounds
As fixed by the Railroad Commission of Georgia
MILES Rates per lOOlbs RATES PER 100 POUNDS fSSS 30 30 35 40 45 50 55 60 65 70 75 80 85 90
MILES 20 40 60 80 100 130 160 180 200 250 300 350 400 450
Cents Packages Less Than 100
Lbs
1 to 20 30 Over 0 not over 10 25 25 25 25 25 25 25 30 30 30 35 40 50
21 to 40 30 Over 10 not over 20 25 25 25 25 25 25 30 30 35 35 40 45 50 55
41 to 60 35 Over 20 no over 30 25 25 25 25 25 30 30 35 35 40 45 50 55 60
61 to 80 40 Over 30 not over 40 25 25 25 25 30 30 35 40 40 45 55 60 65
81 to 100 45 Over 40 not over 50 25 25 25 30 30 35 40 40 45 50 55 60 65 70
101 to 130 50 Over 50 not over 60 25 25 30 30 35 40 40 45 50 55 60 65 70 75
ll to 160 55 Over 60 not over 70 25 30 30 35 40 45 45 50 55 60 65 70 75 80
161 to 180 60 Over 70 not over 80 30 30 35 40 45 45 50 55 60 70 75 80 85
181 to 200 65 Over 80 not over 99 30 30 35 40 45 50 55 60 70 75 80 85 90
201 to 250 70 Over 90 not over 100 30 30 35 40 45 50 65 60 65 70 75 80 85 90
The following Rules have been amended so as to read as follows
RULE 5 Two or more packages weighing each 10 pounds or over forwarded by one shipper at the same time to one consignee may be charged for on the aggregate weight as above Packages weighing less than ten pounds each shipped as in the foregoing section may be aggregated provided they are estimated and charged for as weighing 10 pounds each Actual weight only must be entered on the waybill If articles of different classes are aggregated the charge may be made at the rate applving to the highest class
156
RULE 6Valuation ChargesWhen the value of any merchandise shipment C 0 D or otherwise exceeds 5000 the following additional charges may be made on value Charges for value whether insured or not When merchandise rate is L00 or less per 100 pounds 5 cents for each 100 value or fraction thereof When merchandise rate exceeds 100 and not more than 300 per 100 pounds 10 cents for each 100 value or fraction thereof These rates apply only to packages or shipments of merchandise jewelry and valuable papers r
RULE 8Stoves and other fragile castings Fire Brick and Emery Wheels may be received at owners risk only
RULE 10Gunpowder Dynamite Kerosene Benzine Naphtha Gasoline Matches and all other explosive or dangerous inflammable oils acids or materials must not be received for transportation
RULE 11Give a Receipt of the prescribed form for all matter received without regard to the distance to be carried Always ask shippers to declare the value and when given insert it in thefeceipt mark it on the pstckage and enter ainount on the waybill If shippers refuse to state value write or stamp on the receipt Value asked and not given When received at owners risk write or stamp on the face of receipt
At owners risk A11
RULE 12Require prepayment or guarantee of charges for and so waybill Old Valises Handbags Bundles of Blankets Seeds Cuttings Shrubbery Plants Samples Medicines and for all matter evidently not worth charges When matter is waybilled or transferred guaranteed the guarantee covers the charges of all companies carrying to original point of destination and is limited to 60 days
RULE 14 is abolished
The number of Rule 15 is changed to 14
The word must in last sentence under the head of Live Stock is changed to
1Yfl y lljjj
Aiso the word must under classification of Animals and Birds live after the word charges is changed to may
Also the word must under the head of Poultry is changed to quired to tG
Under the head of Empties the following changes are made
may be re
1
May he transported free or charged for at Tariff B rates
Bags and Sacks for news companies
Beer Empties
Milk Cans
Mineral Water Cases
Oyster Empties
Oyster Empties new sent to be filled and returned by Express J
Under head of Notes the following changes have been made
Sample Cans or Jars securely packed of cooked or preserved fruit vegetables or fish when shipped by manufacturers only pound rates This applies between all points
Samples of Wall Paper sent to dealers charge pound rates
Packages of Almanacs for city delivery received by freight for distribution may be charged for at 25 cents each
The last paragraph under Section D is amended so as to read as follows Packages of Merchandise not including Jewelry Grocers Samples and Electrotype and Sterotype Plates for advertising cuts value not exceeding 10 may be iorwarded at a rate of one cent per ounce
This circular to take effect Apfil 12th 1892
By order of the Board
A C BRISCOE L N TRAMMELL
Secretary Chairman
157
RILROAD COMMISSION OF GEORGIA
L N Trammell Chairman
Virgil Powers Commissioners
Allen Fort
A C Briscoe Secretary
Atlanta August 25 1892
EXPRESS CIRCULAR No 4
From and after the 15th day of September 1892 the following additional Tariff will take effect governing Express Companies doing business within the State of Georgia
TARIFF E
Governing the following perishables when carried by Express Companies
DRESSED POULTRY FRESH FISH FRESH MEATS AND SAUSAGES
Rates per One Hundred Pounds and Graduated Rates for Packages weighing less than One Hundred Pounds on above articles
As fixed by the Railroad Commission of Georgia
Rates per 100 lbs RATES PER 100 POUNDS 4ST 25 25 25 27 30 35 40 43 45 50 54 58 60 63
Distance MILES r 20 40 60 80 100 130 160 180 200 250 300 350 400 450
Miles Cents Packages Less Than 100 Lbs
0 to 5 25 Over 0 not over 5 25 25 25 25 25 25 25 25 25 25 25 25 25 25
1 to 20 25 Over 5 not over 10 25 25 25 25 25 25 25 25 25 27 28 30 33 35
21 to 40 25 Over 10 not over 2 i5 25 25 25 25 25 25 25 27 28 30 33 35 35
41 to 60 25 Over 20 not over 30 25 25 25 25 25 25 25 27 28 30 33 35 38 40
61 to 80 27 Over 30 not over 40 25 25 25 25 25 25 28 30 30 35 38 40 43
81 to 100 30 Over 40 not over 50 25 25 25 25 25 28 30 33 35 38 40 45 45 50
101 to 130 35 Over 50 not over 60 25 25 25 25 30 30 33 35 38 40 45 45 50 55
131 to 160 40 Over 60 not over 70 25 25 25 27 30 33 35 40 40 45 45 50 55 60
id to 180 45 Over 70 not over 80 25 25 25 27 30 35 40 43 45 50 54 58 60 63
181 to 200 45 Over 80 not over 0 25 25 25 27 30 35 40 43 45 50 54 58 60 63
201 to 250 50 Over 90 not over 100 25 25 25 27 30 35 40 43 45 50 54 58 0 63
NotePackages weighing five pounds and under shall not be charged more than 25 cents by one comany for any distance within this State but when such packages are handled by two or more companies each company may charge 25 cents less 20 per cent
158
The following amendments are made to the Rules Governing Express Companies in effect from and after September 15th 1892
The following in lieu of Rule No 2
All charges on freights weighing more than five pounds and passing over two or more railroads under the same management and control by lease ownership or otherwise shall be based on continuous mileage but when said shipments pass over two or more roads not under the same management and control by lease ownership or otherwise thirty per cent may be added to the Express Standard Tariff based on continuous mileage When said shipments are handled by two or more express companies each company may charge its local less ten per cent
Packages weighing five pounds and under shall not be charged more than twentyfive cents by one company for any distance within this State but when such packages are handled by two or more companies each company may charge twentyfive cents less twenty per cent
Rules Nos 7 8 11 and 12 are abolished and Rule No 9 is transposed and made Rule No 7 Rule No 10 is transposed and made Rule No 8 Rule No 13 is transposed and made Rule No 9 Rule No 14 is transposed and made Rule No 10
By order of the Board
The following Rule No 11 explanatory of Express Tariff E has been adopted
When ice is used for preservation of shipments of commodities in Tariff E including oysters in shell deduct twentyfive per cent 25 from the gross weight
This Circular to take effect at once
By order of the Board
RULE No 2
A C BRISCOE
Secretary
L N TRAMMELL
Chairman
RAILROAD COMMISSION OF GEORGIA
Atlanta Ga December 6 1892
L N Trammell Chairman Virgil Powers
Allem Fort
A C Briscoe Secretary
EXPRESS CIRCULAR No 5
RULE 11
A C BRISCOE
Secretar
L N TRAMMELL
Chairman
159
APPENDIX B
TELEGRAPH
Railroad Commission op Georgia
L STrammellChairman 1 AtlantaGa January 7 1892
Virgil Powers L Commissioners
Allen Fort J
A C Briscoe Secretary
TELEGRAPHIC CIRCULAR No 1
Tariff and Rules Governing Telegraph Companies
RULE NO 1
No Telegraph company shall charge or collect more than twentyfive cents for any message of ten words or less exclusive of date address and signature between any two points within the limits of this State on its lines nor more than two cents for each additional word on a day message nor more than one cent for each additional word on a night message and no additional charges shall be made for repeating a messagethat is telegraphing back to originating office for comparison
Rule No 1 to take effect from and after February 1st 1892
rule no 2
No telegraph office where messages are received and transmitted for the public shall1 be discontinued or abolished without first obtaining the consent of this Commission upon an application duly filed by the said company desiring such discontinuancewherein shall be stated the reasons therefor
Rule No 2 to take effect immediately
By order of the Board
A C BRISCOE
Secretary
L N TRAMMELL
Chairman
Railroad Commission op Georgia
L N Trammell Chairman 1 AtLANTA Ga March 15 1892
Virgil Powers v Commissioners
Allen Fort
A C Briscoe Secretary
TELEGRAPHIC CIRCULAR No 2
Tlie Darien Telegraph Co
Upon application of the Manager of the Darien Telegraph Company to be allowed an increase in the telegraph rates and upon showing made it is
ORDERED That said company be allowed to charge forty cents for ten words exclusive of dates address and signature and three cents for each additional word for day messages until otherwise ordered
By order of the Board
A C BRISCOE
Secretary
L N TRAMMELL
Chairman
160
APPENDIX C
CIRCUIT COURT OF THE UNITED STATES NORTHERN DISTRICT OF
GEORGIA
To the Judges of the Circuit Court of the United States for the Northern District of Georgia
The Richmond Danville Railroad Company a corporation duly chartered under the laws of the State of Virginia and being by virtue of such corporation a citizen of said State of Virginia brings this its bill against L N Trammell Virgil Powers and Allen Fort as Railroad Commissioners of the State of Georgia and constituting the Railroad Commission of said State who under the act of the General Assembly of said State approved October 14th 1879 providing for their appointment defining their powers and fixing the point at which they shall have their office for the transaction of the business of the State entrusted to them have their office in the city of Atlanta in said Northern District of Georgia and all of whom your orator avers to be citizens of said State of Georgia and said L N Trammell residing in the county of Whitfield in said Northern District thereof And thereupon your orator complains and says
Orator owns and operates a line of road which enters the State of Georgia at a station called Folsom in the northeastern section of the State and terminates at the city of Atlanta It operates under contract the Georgia Pacific Railway an Alabama corporation which commences at the city of Atlanta and passes into the State of Alabama near the station known as Tallapoosa in said State of Georgia Orator also operates the railroad of the Central Railroad Banking Company of Georgia the main stem of which commences at the city of Atlanta runs to the city of Macon and thence to the city of Savannah Running from such main stem of the Richmond Danville and the Central Railroad are various branch roads to some of which reference will be hereafter made
From the city of Atlanta going to the northwest is what is known as the Western Atlantic Railroad now operated by the Nashville Chattanooga St Louis Railway Company with which your orator is not connected From the city of Atlanta running west is the Atlanta West Point Railroad with the operation of which your orator has no connection Commencing in the city of Atlanta and running to the southeast is the Atlanta Florida Railroad with the operation of which your orator has no connection Commencing at the line of the State of Georgia near the city of Chattanooga running to Atlanta and thence on in a southeasterly direction to the city of Macon and thence on to Jesup and Brunswick is the East Tennessee Virginia Georgia Railway Company with the operation of which your orator has no connection Commencing at the city of Atlanta and running a little south of east to the city of Augusta
The Richmond Danville Railroad l Company vs
L N Trammell et al Railroad
Commisioners et al j
In Equity in the Circuit Court of the United States Northern District of Georgia
BILL OF COMPLAINT
161
is also the Georgia Railroad Banking Company of Georgia Orator has also leased a me of road known as the Northeastern Eailroad running to the city of Athens At Atanta Macon Athens Augusta Savannah and other points in the State of Georgia the lines of orator are connected either by direct contact or by intermediate belt lines with
the tracks of other railroad companies with the operation of which your orator has no connection
In the operation of its railroad lines and in the transportation of freight to pass over and to be delivered at points on its line orator is necessarily brought into contact with the lines of other railroads and it is of serious consequence to the proper direction of its business and to the realization of freight charges sufficient to pay expenses
0 operation interest on fixed charges and reasonable compensation to its stockholders that the rates prescribed for business transacted by it jointly with such other roads should be just and reasonable From the nature of the business done by orator it will be apparent that any fixed maximum joint rate which shall operate at every station upon its lines will have the effect to discriminate against one or more points and to
1 ender the charges at one or more of such points unreasonable and unjust
On September 4th 1890 the defendants issued Circular No 171 which prescribed what should be known as Eule No 30 in the following language
EAILEOAD COMMISSION OF GEOEGIA
L N Trammell Chairman Alex S Irvin l
Jas W Eobertson J
A C Briscoe
Commissioners
Secretary
Atlanta Ga September 4 1890
CIECULAE No 171
FREIGHT RULE NO 30 JOINT RTES
ponoTight6 adPted N0 30 f he Knta Governing the Trans
Eule No 30 On all shipments of freights not governed by Eule No 1 originating and terminating in this State which will pass over the whole or portions of two or more roads not under the same control the maximum rates charged on such shipments shall not be greater than the sum of the local rates on such freights less ten 10 Per cent or the diStance hauled over each road The total rate thof ascertained on fuch LThte om the point of shipment to the point of destination shall be divided in such proportions between the roads over which such freights pass so as to give each road interested
haffie6d Pment ltS rat6 lGSS teU 10 Per Cent f0r the distance such shipment is 11
162
Nothing in this rule shall be construed to prevent the total of any joint rate made under this rule from being divided in such proportions between the roads interested in the same as they may agree upon but a failure to so agree between the roads interested shall in no way affect the total joint rate to be charged and collected on or work delay in the transportation of such freights or be a subject of appeal to the Commission by the roads interested
This circular to take effect October 15th 1890
By order of the Board
L N Trammell Chairman
A C Briscoe Secretary
On January 8th 1892 the defendants prepared a notice and a few days thereafter towit about the 12th of the same month served the same upon the president or orator setting forth alleged violation of the rate prescribed in Circular No 171 aforesaid and containing this further notice
The numerous complaints against the Richmond Danville System and the roads operated by them indicate the clear purpose on the part of said roads to disregard our rule in reference to joint rates and we find ourselves therefore under the disagreeable necessity of employing the means which the law has prescribed to enforce obedience to the rules and regulations We trust your road will see the importance of complying with these rules at once thereby obviating the necessity of instituting a multitude of suits against the several roads operated by the Richmond Danville System and against that road
The Commission have waited patiently for weeks in the vain expectation that this would be done and no alternative seems now left but the above indicated
Please accept this as our formal notice preliminary to the institution of suitswhich will certainly be brought unless within thirty days there is a compliance with our Circulars Nos 171 and 200
It is true that orator has not applied the rule prescribed in said circular to the fixation of its rates on freight delivered to it by other railroads and on freight delivered by it to other railroads because orator charges that the operation of such rule will be to discriminate against various towns and cities upon its lines to deprive it of its property without due process of law and force it into a copartnership business with other roads without authority of law Orator further charges that the fixation of rates to be applied to freight transported over two or more roads is beyond the powers vested under the Constitution of the United States the Constitution of the State of Georgia and the laws passed thereunder in the defendants
Under the operation of Circular No 171 it is prescribed that upon freights passing from one connecting road to another between local stations on said roads the joint rates shall be made by deducting from the sum of the locals ten per cent which under the operation of said circular in the absence of any agreement between the railroads concerned would compel each railroad to charge for the business so hauled by it ten per cent less than its regular local rate For example The Western Atlantic Railroad Company is a separate and distinct corporation from orator Orator hasno interest in the said corporation or in the earnings derived bv it from its line of railroad nor is it in any way responsible for the discharge by sad Western Atlantic Railroad Company of its duties to the public In like manner the Western Atlantic Railroad Company has no interest in the line or business of orator The Western Atlantic
168
Railroad Company and yoor orator owe under the Constitution of this State the duty of charging to each person for the same service the same rate It is unjust and discrimination for either of them in the conduct of local noncompetitive business to charge a less sum to one shipper thanrto another for the carriage of the same class of goods between the same points The service rendered and the risk incurred for example by the Western Atlantic Railroad Company upon such local business is the same whether it delivers said goods shipped by a consignor from a local point on its line to a consignee in Atlanta or whether by direction of the consignor it delivers those goods to your orator to be carried to some local point on its line The delivery and transfer from one road to another at any junction point is less than if discharged into a freight depot and delivered by the shipper to the depot of another road and forwarded A very large proportion of local or through freight from one road to another is forwarded in same car and if transferred at all the cars are placed alongside of a transfer platform and trucked across from one car to another at much less cost to the roads than the delivery to and from their depot and reshipped through another roads depot Besides the roads are now and have been for years doing this very business between different railroads in their systems on continuous mileage and at much less rate than under this joint rate rule
Said rates are therefore not only a discrimination between shippers for the same service under similar conditions but they are unjust and unreasonable in that they compel said carriers to receive for the same service under like conditions a less compensation for the business as to them purely local than that fixed by the local tariff approved by the defendants
So far as the receiving carrier is concerned the said circular in like manner compels it to receive an unjust and unreasonable rate and one not sufficiently remunerative for the service It also compels him to charge discriminative rates between the same class of shippers for the same class of goods and for the same service For example If a carload of flour were tendered to your orator at Atlanta by a shipper to be carried to Jonesboro on the line of the Central Railroad the charge therefor would be the regular local tariff rate approved by the Commissioners On the other hand if a consignor at Dalton should through the Western Atlantic Railroad tender precisely the same carload of flour to your orator at Atlanta for shipment to Jonesboro orator would be compelled under said Circular No 171 to discriminate in favor of the Dalton shipper to the extent of ten per cent on the tariff rate while the service which it would have rendered would have been the same or greater and the cost of transportation and handling would have been the same or greater
Orator says that what is true in reference to the illustration used is true at every other city and town in Georgia where two railroads meet and its operation will have the effect to seriously impair if not destroy its local business upon which it largely relies for its support and maintenance Said circular is therefore in violation of the Constitution of the State of Georgia and operates as a discrimination against merchants and manufacturers and other shippers situated at said junction points and thus impairs the business of your orator as g common carrier to such an extent as to constitute a taking of the private property of orator without due process of law
Your orator further states that the local rate from Dalton to Atlanta over the Western and Atlantic Railroad and the local rate from Atlanta to Jonesboro over your orators line now in force have been and are now held by the defendants the said Commissioners to be just and reasonable have been approved by them and are now operated
164
by them as just and reasonable for the service rendered The rate from Dalton to Atlanta thus approved and sanctioned by the defendants as just and reasonable is based upon the service rendered by that railroad company and the same is true of the rate from Atlanta to Jonesboro No change is contemplated so far as your orator is informed and believes in this local rate The defendants now adhere to their previous decision that they are just and reasonable and ought not to be interfered with The service rendered by the Western and Atlantic Railroad and your orators lines in a shipment from Dalton to Jonesboro is greater and involves a greater expense than that rendered by both the roads in case of a local shipment from Dalton to Atlanta and a local shipment from Atlanta to Jonesboro In the case of a shipment from Dalton to Atlanta the carrier would deliver the goods in its depot and awrait the call of the consignee to deliver them In the case of a shipment from Atlanta to Jonesboro they would be delivered at your orators depot by the consignor and the only duty would be to forward and deliver at its depot in Jonesboro But in the case of a shipment from Dalton to Jonesboro at Atlanta in order to transfer these goods from the Western and Atlantic to your orators road the employment of expensive machinery agents and servants is indispensably necessary Engines engineers firemen switchmen flagmen yard masters and other costly and expensive appliances and agents both as to machinery and as to persons have to be called into requisition Under the operation of the order which your orator complains of the two roads are compelled to render this greater service in this more expensive work for ten per cent less compensation than the defendants have always held to be just and reasonable compensation fora smaller and less costly service Your orator charges that in this particular this order is harsh abitrary oppressive unjust and unreasonable
Orator further shows that said Circular No 171 prescribes a rule which in its operation would constitute an interference with interstate commerce It is clearly not within the province of defendants to regulate what rate orator should charge upon goods shipped for instance from Chattanooga in the State of Tennessee to Jonesboro in the State of Georgia and orator has heretofore charged and is now charging its local rate from Atlanta to Jonesboro therefor the same being added to the rate made by the Western and Atlantic Railroad from Chattanooga to Atlanta If orator is compelled on business originating on said line within the State of Georgia bound for Jonesboro or other local stations on its lines to charge ten per cent less than its local rates it would be an unjust and unreasonable discrimination against shippers outside of the State to insist upon its full local rate and would subject your orator to adverse interference by the Interstate Commerce Commission and to suits and recoveries for discriminations in the courts of the country
If orator to avoid such result should acquiesce and charge its local rate less ten per cent on goods shipped from Chattanooga via Atlanta to local stations upon its line the same would operate on all goods from the West coming into Georgia as a great discrimination against merchants manufacturers and others located at junction points in that Chattanooga merchants shippmg goods into Georgia being compelled in order to transport their goods as far as Atlanta on their way to their destination to pay rates no higher than the Atlanta merchant is liable to pay to transport his goods to Atlanta if he were thus enabled to send goods on to local stations beyond upon local rates ten per cent less than the rates allowed to Atlanta merchants he would have such an advantage over Atlanta merchants as to practically destroy their business and thus seriously impair if not destroy the revenue to orator from the successful and healthy business
165
which purely belongs to the merchants manufacturers and others in Atlanta What is true of the Atlanta merchant in the illustration given is equally applicable to the other cities and towns on the line of orators road in this State Such result would be extremely beneficial to lines of road lying west of the State of Georgia and to the merchants manufacturers and others who are principally tributary to such lines of road
The operation of said Circular No 171 would in a number of cases at local stations near a junction point cause the reduction of ten per cent to cut orators straight local rates over orators lines For illustration Orators firstclass rate from Augusta to Forsyth on its own line is seventyseven cents The rate from Augusta to Macon by the Georgia Railroad is fiftyfour cents the local rate from Macon to Forsyth twentytwo cents total seventysix cents less ten per cent makes sixtyeight cents or a cut on orators local rates of nine cents per 100 pounds which compels orator to unjustly discriminate against its own lines in favor of other lines
Orator shows by that reason of the effect both on its State and interstate business the losses which would result to it from the enforcement of Circular No 171 would be enormous At some junction points the rate prescribed would not more than pay the cost of handling and transporting the merchandise The straight rates without deduction already approved by defendants are exceedinglylow not affording income sufficient to pay the cost of handling and of transportation and of interest on fixed charges which should properly fall on the class of business affected thereby The operation of said circular would necessarily affect the entire local business of orator to local stations in the State of Georgia whether on business originating in or without the State The business of railroads in this State for the past year has been extremely depressed Orator has not earned a fair return upon the money which has been from time to time invested therein Any reduction from the full local rates on local business makes said rates unjust and unreasonable The expenses of orator have been increased within the last two years by reason of the county and municipal tax bills which have been passed which affect all of the property of orator in this State and a large part of the property of the Central Railroad and Banking Company in this State On account of the short cotton crop in the South and the low prices of eotton the volume of traffic not only upon orators road but also upon the railroads of the South as a whole has fallen off and orator cannot stand the loss of revenue which the enforcement of Circular No 171 would bring about
In answer to the charge that the Circular 171 discriminates against various towns and citing Atlanta and other towns The W A and Central did this of their own accord we are informed to meet the competition of the E T Va Ga Railroads continuous mileage rates through Atlanta on all wrestern business to McDonough Jackson etc they reduced their joint rates to Johnston and Hampton etc points opposite McDonough etc
Orator shows that all the legislation had by the State of Georgia establishing the Railroad Commission defining its powers and duties and prescribing penalties for the infraction of any of its rules or orders is upon section 2d paragraph article 4 of the Constitution of the State of Gergia in the following words towit
The power and authority of regulating railroad freights and passenger tariffs preventing unjust discrimination and requiring reasonable and just rates of freight and passenger tariffs are hereby conferred upon the General Assembly whose duty it shall be to pass laws from time to time to regulate freight and passenger tariffs and to pro
166
hibit such roads from charging other than just and reasonable rates and enforcing the same by adequate penalties
It was not the intention of the framers of the Constitution to authorize the General Assembly to fix tariffs and rates in advance of action by the railroads Its power was confined to the regulation of rates and tariffs to he fixed by the railroad companies themselves and which it was within their power to fix and to prohibit charges other than were just and reasonable for the services performed Where different railroads meet at j unction points it is in the power of neither to fix the tariff or rate which shall he charged by the other Each road can only fix the rate or tariff to be charged on its own line in the absence of an agreement between two roads as to goods passing over both Therefore it was not contemplated by the constitutional provision above set forth to authorize the Commission to establish a tariff or rate which it was in the power of neither road to itself establish The second road in the very nature of things is dependent upon the delivering road for all joint business done between them and as a general rule collects all the freight for the entire transportation To arbitrarily prescribe that it shall receive such freight for transportation at ten per cent less than the local rate approved by the defendants as reasonable and just between the points upon its own line necessarily makes such joint rates unreasonable and unjust so far as that line is concerned There may be reasons why ten per cent less than the local rate upon certain classes of business may be a reasonable and just charge for the receiving road resulting from competition at the receiving point or other causes which would not operate upon the receivng road To force it thus into a copartnership with another company by an arbitrary exercise of power upon terms not desirable to the second road would be unreasonable and unjust and beyond the power of the defendants under the provision of the State Constitution
Orator is the owner of its railroads franchises equipment and appurtenances and entitled to the possession and beneficial use thereof was authorized to establish rates for the transportation of freight and passengers subject only to the provision that such rates should be fair and reasonable that the establishing of such rates by the defendants against the will of the company was pro tanto the taking of its property and depriving it thereof without due process of law in violation of section 1 article 14 of the amendments to the Constitution of the United States and that the making of Circular No 171 of date of September 4th 1890 was pro t mto a taking and depriving orator of its property without due process of law in violation of said section 1 and therefore void and of no effect
The local rates as provided by the defendants now in force between points on the lines of railroads owned and operated by orator were reasonable and just in the opinion of said defendants or they would not be permitted to stand as such local rates In some particulars and as applicable to some classes of freight orator regards them as unreasonably low but has in good faith submitted to such modifications as have been prescribed from time to time by the defendants By an arbitrary decrease of such local rates ten per cent on joint business would render them unfair unreasonable and unjust
The local rates already established afford but fair and just compensation to orator for the services rendered and the arbitrary reduction thereof would be pro tanto a taking of its property without due process of law in violation of said section 1
Orator Appeared before the defendants and protested against any establishment of any maximum joint rates insisting that such rates could only be fixed by the railroad
167
companies interested After the fixation by the defendants of the joint rate complained of in this bill it applied for a rehearing earnestly insisting that it could demonstrate to them its unjustness and unfairness Defendants admitted that such rates might operate unreasonably unfairly and unjustly at given points but replied that before they could hear orator as to its operation at any point orator mupt first put the same in force in accordance with the directions in said circular In other words defendants insisted that whether legal or illegal in its operation at given points orator must first submit thereto by recognizing the authority of defendants to establish the same putting the same fully in force and that then defendants would hear what orator had to say Orator knows of no principle of law or equity which would require it to submit to a rate admittedly unjust unfair unreasonable and therefore illegal before being heard
The Act of the General Assembly approved September 161891 found in laws 189091 page 65 amending section 7191 of the Code of Georgia 1882 provides that the penalty for a violation of the rules and regulations provided and prescribed by defendants shall be not less than one thousand dollars nor more than five thousand dollars to be fixed by the presiding judge of the court where the action therefor may be brought It further provides that the defendants shall have the power in their discretion to institute suit without notice for any violation of said rules and regulations whenever in their opinion the circumstances authorize 1 it of which they shall be the sole judges but after institution of said suit there shall be no settlement of the same without the consent of the Commissioners
Under this authority defendants have served formal notice upon orator that if said Circular No 171 is not put in force on or before the 12th day of January 1892 and restitution made by orator to certain persons named suits will be immediately instituted by them in every county where the terms of such circular have been violated in this State and in behalf of every person and for every violation thereof seeking to recover the penalty of five thousand dollars in each case If permitted to institute this multitudinous litigation in different jurisdictions and for such large sums of money orator charges that multiplicity of suits will result and it be subject to expensive litigation in different jurisdictions whilst the whole controversy can be readily determined upon this bill Said suits will aggregate in amount more than one hundred thousand dollars The decrease in revenue to your orator by the enforcement of the provisions of Circular No 171 will amount to more than per
annum
The commencement and prosecution of the multiplicity of suits threatened and the decrease in the revenues of orator by the enforcement of the joint rate aforesaid will cause irreparable damage to orator and of a character not to be ascertained at law
Wherefore being remediless by reason of the strict rules of the common law orator comes into Court of Chancery where matters of this sort are properly cognizable and waiving answers under oath from each and every one of said defendants prays as follows
First That the maximum joint rate fixed by Circular No 171 issued by the defendants on the 4th day of September 1890 and to take effect October 15tb 1890 may be decreed to be unjust and unreasonable and void
Second That the defendants be enjoined from instituting the threatened suits for the penalties alleged to have been incurred by the failure on the part of orator to comply with Circular No 171 issued by such Commission
168
Third That orator have permission by proper amendment to make any other persons party defendant as may be necessary for the protection of its rights until the final determination of this case
Fourth That as a multiplicity of suits will be immediately instituted unless said defendants are restrained by action of this court orator prays that a temporary restraining order be issued prohibiting the institution by defendants or by any other person or persons of actions or suit against orator for penalties incurred by violations of and for damages resulting from violation of the provision of Circular No 171 until the further order of the court
Fifth That a permanent injunction issue forever prohibiting and enjoining said defendants or any other person or persons from instituting actions or suits or proceedings of any character against orator for penalties incurred by alleged violation of the provisions of Circular No 171 and for damages alleged to have been sustained by reason of violation thereof
Sixth That orator may have such other and further relief as the nature of its case may require
Seventh That writ of subpoena issue directed to L N Trammell Virgil Powers and Allen Fort as Railroad Commissioners of the State of Georgia and constituting the Railroad Commission of said State requiring them to be and appear on the first Monday in April next being the April rules day of this court then and there to stand tor perform and abide such decree as may be rendered in the premises
BARROW JACKSON Solicitors for Complainant
State of Geoegia
County of Fulton J
Personally appeared before me W M Netherland who being duly sworn deposes and says that he is the chief clerk of W H Green general manager of the Richmond and Danville Railroad system and in charge of the office of said general manager during his absence with the obligation upon him of discharging the duties of such general manager at the city of Atlanta that said general manager is now beyond the limits of the county of Fulton being temporarily absent from his office that John H Inman the president of said Richmond and Danville Railroad company resides in the city and State of New York and is now there that the facts stated in the above and foregoing bill so far as they relate to the act or deed of the Richmond and Danville Railroad Company are true to the best of his knowledge and belief and so far as they relate to the act or deed of any other person he believes them to be true
WM M NETHERLAND
Sworn to and subscribed before me this 11th day of February 1892
WM T NEWMAN TJ S Judge
Read and considered Let the bill be filed and the defendants be served with notice to show cause before this court on Saturday the 13th inst at 10 oclock a m why an injunction should not be granted as prayed for In the meantime let a temporary restraining order issue restraining the defendants from commencing the suits or actions for penalties threatenediin their communication to complaint of date January 8 1892 until the further order of the court Let the writ of subpoena issue and such other proceedings be had as are usual in equity WM T NEWMAN U S Judge
This February 11 1892
169
CIRCUIT COURT UNITED STATES NORTHERN DISTRICT OF GEORGIA
Richmond Danville Railroad Company j vs I
L N Trammell Virgil Powers and Al Bill in Equity in Said Court
Lem Fort Constituting Railroad Com j
mission of Georgia
DEMURRER OF DEFENDANTS
The defendants by protestation not confessing or acknowledging all or any of the matters and things in said bill to be true in such matter and form as the same are therein and thereby set forth and alleged do demur thereto and for cause of demurrer show that said complainants have not by their said bill made such a case as entitles them in a court of equity to any relief from or against defendants touching the matters contained in said bill or any of such matters
And for special cause of demurrer defendants say
First That complainants have full adequate and complete remedy at common law
a Because if Circular No 171 complained of is unauthorized by the Constitution and the laws it is a nullity and would be so held in the suit for penalties where this reason could be urged by way of defence
SecondThat the court has no jurisdiction of the matters set forth in complainants bill or to grant relief in the premises
a Because the multiplicity of the suits referred to as the ground for equitable relief are exclusively within the jurisdiction of the Superior Courts of the State who alone are empowered to fix the penalties prescribed by the act Since the court cannot therefore render a judgment fixing the penalties in the event Circular No 171 should be upheld as legal and valid then it cannot on that ground compel the hearing of all such suits in one bill The multiplicity of suits relied on as one of the principal causes of this action are not such suits as in contemplation of the law would give equitable jurisdiction to this court but that jurisdiction of the same is in the Superior Courts of the State of Georgia exclusively
m power of prescribing just and reasonable rates is a legislative and not a judi
cial question and the courts therefore have no jurisdiction over the subject especially on the presentation of the facts set out in complainants bill
c The acts complained of as set out in complainants bill are clearly within the jurisdiction of the Railroad Commissioners under the Constitution and laws of Georgia The circular complained of was within the discretion of he Railroad Commissioners who were authorized to make it The courts have no jurisdiction to control them in such matters nor to restrain them by injunction in the exercise of such discretion it not appearing from the allegations in complainants bill that there was any gross abuse of discretion or denial of constitutional rights of complainants
ThirdThat the allegations in complainants bill charge rates fixed by Circular No 171 to be harsh oppressive arbitrary and destructive of complainants property etc are too vague general and indefinite and being unsupported by necessary allegations to show wherein they would be deprived of their property without due process of law will not authorize the relief prayed for
170
FourthThat complainants bill is in effect a suit against the State of Georgia without her consent and is contrary to the eleventh amendment of the Constitution of the United States and that on this account therefore the court has not jurisdiction
a Because by the terms of the Commission Act the suits sought to be enjoined are required to be brought in the name of the State and the sums recovered are to be paid into the State treasury to be used for such purposes as the General Assembly may provide
b Because no relief is sought against the Railroad Commissioners but against the State who would be the plaintiff in the alleged threatened suits
FifthThat it appears from the claimantsbill that the Richmond Danville Railroad Company is operating the Georgia Pacific Railroad the railroad of the Central Railroad Banking Company the Chattanooga Rome 6c Columbus Railroad and other competing lines of railway which is contrary to the Constitution and laws of Georgia and Tthat so acting in contravention of the well settled policy of the State of Georgia declared in her Constitution and in defiance thereof are not entitled in a court of equity to the relief sought
SixthThat proper and necessary parties complainant do not join in said bill
a Because the Central Railroad Banking Company of Georgia a corporation created and existing under the laws of this State having corporate officers invested by law with the management and control of its railroad and leased lines charged with the duty of operating the same is not a party in said bill
Allen Fort
Wm A Little Solicitors for Defendants
We certify that in our opinion the foregoing demurrer is well founded in point of law
This June 7th 1892 Allen Fort
Wm A Little
Defendants Solicitors
State of Georgia Northern District
Personally appeared Allen Fort and made oath that he is one of the Railroad Ccmanission of Georgia and that the foregoing demurrer is not interposed for delay
Allen Fort
Sworn to before me this June 7th 1892
0 C Fuller
Clerk U S C
171
CIRCUIT COURT OF TELE UNITED 1 STATES NORTHERN DISTRICT OF
GEORGIA
Richmond Danville Railroad Company
VS
Xi N Trammell Virgil Powers and Allen Fort j Uquity in said Court
Constituting Railroad Commission of Georgia j
ANSWER OF THE DEFENDANTS THE RAILROAD COMMISSION OF
GEORGIA
The Railroad Commission of Georgia the defendants reserving to themselves all Rnd every manner of benefit by way of demurrer and exception and plea to the many wrongs errors uncertainties and imperfections in complainants bill of complaint and in answer thereto or to so much thereof as they are advised and believe it necessary for them to make answer unto answering say
They admit that L N Trammell Virgil Powers and Allen Fort are the duly appointed Railroad Commissioners of the State of Georgia and constitute the Railroad Commission of said State under act of the General Assembly of the State of Georgia approved October 14th 1879 and thatL N Trammell resides in the Northern District of said State of Georgia and that the office of said Railroad Commission is in the city of Atlanta in said district They admit that the Richmond Danville own and operate a line of railroad as charged in said bill known by that name and also said railroad operates under some pretended contract the Georgia Pacific Railway but they deny that said Richmond Danville Railroad have any legal power or authority to operate said mentioned road and they further deny that it is competent under the Constitution of the laws of Georgia for the said Richmond Danville Railroad to lease own or operate the said other road but say that the said railway could not legally and constitutionally pass under the control of said complainants and for this reason among others as hereinafter shown they insist that said complainant cannot justly claim the interposition of the court of equity in their behalf in the premises Defendants further say that at the time the bill of the complainants was filed the Central Railroad and all of its leased lines and branches were being run and operated by the complainants by virtue of an attempted lease by said last named company to the Georgia Pacific Railway Company the railroad of which last mentioned company the complainants operate as before under as claimed by them a contract of lease but since the filing of said bill the Circuit Court of the United States for the Southern District of Georgia being a court of competent jurisdiction has by proper order on proceedings filed to set aside the contract of lease by the Central to the Georigia Pacific taken possession by its Receivers of the system of Railroads of the Central Railroad Banking Company of Georgia and they are now being operated and run by the receivers of said court and the complainants have no control of nor connection with nor interest in the operation and management of any of the lines of the said Central Railroad Banking Company of Georgia They further aver that the suits threatened to be brought grew out of the violations of Circular No 171 by the Central Railroad Banking Company of Georgia and its leased lines and that the Richmond Danville Railroad Company having no legal authority to operate lease control or own said railroad and not now in fact in
172
possession of nor operating the same cannot lawfully be held in their name to havthe relief sought and are not therefore proper parties to this action if the facts stated should otherwise make a cause for equitable relief They admit that said Richmond Danville and the roads so operated by them make the connections with other roads not under their control as set out in complainants bill and that over said connecting lines Circular No 171 would be operative They admit that on the 4th of September 1890 Circular No 171 was adopted by the Railroad Commission of Georgia in the form and language as set out in complainants bill but they emphatically deny that the ratesprescribed by such circular are unjust and unreasonable or will cause unjust discrimination between persons or places or will work harm injury damage or injustice to said railroad but insist that the rates made operative by said rule are just and reasonableThey admit also that on the 8th of January 1892 they prepared a notice as partially set out in complainants bill They attach a full copy of said notice hereto marked Exhibit A with the usual leave of reference They admit also that said notice truly states the purpose and intention of respondents They also admit that complainants while operating the lines of the Central Railroad have failed and refused to obey said circular on the affixation of its rates on freight delivered to it by other railroads and on freight delivered by it to other railroads but they utterly deny that the operation of said rule was or will be to unjustly discriminate against various towns and cities upon the lines of said railway or that it would or will deprive complainants of its property without due process of law or that it would or will force it into the copartnership business with other roads On the contrary they aver the rates fixed in said circular to be reasonable and just and will prevent unjust discrimination as hereinafter more fully set forth
They insist that it is competent for the Railroad Commission of Georgiato adopt and enforce said circular that it is authorized by the Constitution of Georgia and by the express terms of the act of 1889 now part of the general law as well in their opinion by the Commission act of 1879
Respondents show that the question of fixing just and reasonable rates and providing proper rules and regulations for the prevention of unjust discrimination have ever received at their hands the most careful painstaking and conscientious considerationThey fully realize the great importance not only to the railroads of Georgia but to the people of the 18tate of doing even and exact justice in these matters They have proceeded cautiously in every step taken and are gratified to state that until the adoption of Circular No 171 there had been a general acquiescence in both the rules and the rates by all the railroads in the State since the constitutionality of the commission act has been settled They show that since the organization of the Commission the adoption and enforcements of its standard tariffs of rates railroad securities have advanced in value and railroad construction has been unprecedented in the history of the State Without going into facts and details so well known they feel authorized to say that the prosperity of these great public enterprises has been in no wise injured and damaged by reason of the just and reasonable rates allowed by this Commission but that their prosperity demonstrates the propriety of the rules and the rates
Respondents show further that in adopting a schedule of rates and in fixing the limits for longer and shorter distances as prescribed in the law under which Commission was organized they have adopted a scale which made due provision for the proportionately increased rates for shorter distances over the same roads and have prescribed a continuous mileage rate which proportionately decreased as the difference increased As
173
these schedules were adapted to each separate road it was found that where freights were to be shipped over the whole or portions of the two roads not under the same management and control that the sum of the two local rates were much higher than the rates on the same distances on one continuous haul and that the difference was out of proportion to the increased expenses of transferring said freights from one road to another This gave rise to complaints by shippers on account of the excessive rates and the Commission desiring to prevent extortion to secure just and reasonable rates early considered the propriety and importance of this question The first rule adopted and known as Rule 1 Governing the Transportation of Freight is as follows towit
All connecting railroads which are under the management and control by lease ownership or otherwise of one and the same company shall for the purpose of transportation in applying the standard of tariff rates be considered as constituting but one and the same road and the rates shall be computed as upon parts of one and the same road unless otherwise specified
It was a well known fact at the time of the adoption of this rule that the Central Railroad and Banking Company claimed in the bill to be leased by the complainant was the lessee of several connecting lines and that there was no practical difference in the handling and transferring of the freights from one divisional said lessees lines to another division and the transferring and handling of freights from any branch of the Central Railroad line over another connecting road over which it had no control Yet this rule was deemed just and wise and has for several years been in operation throughout the State and has been generally acquiesced in as just and reasonable And with aid rule in force well knowing its effect and application complainant entered into the alleged contract whereby it secured control of the Central Railroad and its leased lines and respondent submits that this acquiescence upon their part in the rule should estop bhem from disputing the justice and reasonableness of the rule when applied to other connecting lines over which they have no control Respondents say further that on the 11th day of April 1889 the Railroad Commission issued Circular No 138 in relation to joint rates as follows
joint rates rule no 29
Railroad companies under the same or different management or control in making joint rates for the transportation of local freights may charge no more nor less than Standard Tariff governed by existing percentages and computed on continuous mileage but application for joint rates in special cases accompanied with reasons therefor and a carefully prepared tariff of rates and distances will have proper consideration
In the report of the Railroad Commissioners July 1st 1889 occurs the following statement
The Commissioners will carefully consider special application for joint rates in all cases when it is supposed the application of this circular will produce hardship or injustice
This rule was in force until the passage of the Act of the Legislature approved the 2pth day of October 1889 wherein the Railroad Commissioners were expressly authorized to make just and reasonable joint rates for all connecting roads doing business in this State as to all traffic or business passing from one of said roads to another Prorided however that before applying joint rates to roads that were not under the management and control of one and the same company Commissioners shall give thirty
174
days notice to said railroads of the joint rates contemplated and of its division betweerr said roads and give hearing to the roads desiring to object to the same
Respondents show that after the passage of said act and in conformity therewith
towit on theday of that the several railroads in the State were
given due notice to appear before the Commission to discuss with them the subject of joint rates and to agree with them if possible as to what would be j ust and reasonable in this regard and in pursuance of this notice the traffic managers of the several roads interested appeared and were heard Among the most prominent present was Sol Haas Esq then and now General Traflic Manager of the Richmond Danville system The views of these persons were carefully considered They failing to agree among themselves as to a just basis the Commission on the 4th of September 1890 adopted Circular No 171 which they then believed and still believe to be a proper fair just and reasonable rule Prior to its adoption many of the railroads in this State had mutually agreed upon a joint rate on business passing from one road to another but there was nothing obligatory or fixed in such agreements and difficulties were continually arising as to the making of a division of such joint rates This caused unnecessary friction between the roads and unnecessary delays While several of the roads agreed on the traffic agreements at a much less joint rate than Rule No 30 prescribed thereby recognizing the justice and propriety of said rule still these mutual agreements were frequently broken or disregarded by one party io the contract on improper and insufficient grounds When for any cause these traffic arrangements were broken the application of the full local known in railroad parlance as an arbitrary was often prohibitory It is well known that the liberal rate for short local distances and for local distances generally allowed by the rules of the Commission are frequently used as the means of diverting traffic for breaking connections and for punishing connecting lines thereby causinggreat injury and damage to the public and are doing injustice to the shippers The rule in controversy was intended to prevent this injustice and this instability in rates and to secure fair reasonable and just rates for this service
Respondents would show that the sum of the locals less ten per cent is a greater rate than a continuous mileage rate over any given line for the same distance and that frequently there is practically no difference in the expense to the railroad companies that handle and transport such freights
Respondents deny as charged in said bill that the cost and expense to each of the carriers is the same on goods transported over parts of two roads that it would be if the goods had been delivered to the consignee at the junction point and an entirely differen car of goods had been tendered by said consignee to the next carrier for transmission to the local station upon the second carriers line
Respondents deny that there is a difference in the expense attending shipments over parts of two lines in this State that would make the sum of the two locals the just and the reasonable charge but they say that allowing for the difference where there is any for in many cases there is none practically that the rule adopted is a just and reasonable rule Indeed if the rate is not just and reasonable it is because the rate allowed is too large instead of being too small It would seem that to compute the rate on continuous mileage with ten per centum added for transfers would be a fairer and more equitable rule but the Commission anxious not to inflict any wrong upon the railroads have in their judgment not only been just and reasonable but liberal A few instances of practical application will tend to demonstrate this proposition It will be seen that the two locals less ten per cent for a given distance are in excess of the continuous mile
175
haul Take far instance the rate on first class freight from Marietta to Jonesboro Per 100 pounds first class the rate from Marietta to Atlanta twenty miles is twenty cents From Atlanta to Jonesboro twenty miles is twenty cents The sum is forty cents Less ten per cent would be thirtysix cents The rate for continuous mileage is twentyseven cents showing the clear difference of nine cents in favor of the railroads under joint rates On sixth class matter the rate would be ten cents from Atlanta to Jonesboro ten cents from Atlanta to Marietta making twenty cents Less ten per cent would leave eighteen cents Whereas the rate for continuous mileage would be twelve cents Take a lohger distance as from Jonesboro to Macon eighty miles and from Macon to a point on the East Tennessee Virginia Georgia Railroad a like distance The local rate would be thirtynine cents on each road making seventyeight cents total Less ten per cent would leave seventycents The continuous mileage haul would be sixtytwo cents And so instances might be multiplied indefinitely No complaint of injustice is made as to the haul for continuous mileage and if that be reasonable it must be conceded that the joint rate was also reasonable Respondents further deny that discrimination will result as to the shipments to the local stations but rather say that even this rule if it discriminates at all discriminates in favor of the railroads the rates being greater under the rule than they would be for a continuous mileage but as to interstate shipments this Commission has no jurisdiction
Respondents show that in actual practice the rates allowed to be charged in Circular No 171 are much greater than the railroads exact for a similar service where there is competition In such cases the railroads seek business and find it profitable At least it is to be so presumed or they would not desire to carry the freights The Central Railroal has frequently hauled goods from Atlanta via Griffin to Newnn a distance of seventythree miles notwithstanding that transfer was required at Griffin at the same rate or less than the Atlanta and West Point Railroad hauled the same freight to Newnan a distance of forty miles Also cotton shipped over the Georgia Midland via Griffin to Savannah at the same rate as cotton shipped directly over the Central road from Coumbus to Savannah These instances might be multiplied indefinitely and would all establish the proposition that the rates provided in Circular No 171 are fair reasonable and just
Respondents further deny th charges in complainants bill that it was not the intention of the framers of the Constitution to authorize the General Assembly to fix tariffs and rates in advance of the action by the railroads and that its power whs confined to the regulation of rates and tariffs to be fixed by the railroad companies themselves But respondents say that by the express terms of the act of the 14th of October 1879 the Railroad Commissioners were authorized and required to make for each of said railroads doing business in this State schedules of just and reasonable rates of charges for transportation of passengers freights and cars on each of said roads which it proceeded to do and this action of the Commission and this law have by the Supreme Court of the United States been held to be valid legal and constitutional Before the creation of the Commission it was competent for the railroad companies to fix their own schedule of rates It was the evils growing out of the abuse of this power and this privilege which had made the enactment of this law necessary the extortionate practices the unjust discriminations allowed became intolerable and the people commanded through the Constitution and enacted through the Legislature laws which would prevent these abuses by the railroad companies The Constitution of Georgia conferred upon the General Assembly the rate making power and the Commission was the constitutional
176
mode adopted by the Legislature to protect the railroads themselves to fix the rates subject only to the supervision of the Commissioners would be an abdication of the powers which the Constitution expressly enjoined upon the legislative department
While a railroad company is the owner of franchises equipment and appurtenances and entitled to the possession and beneficial use thereof they are affected with a public use It could never legally make any rates save those which are just and reasonble and that the Railroad Commission has been established for the purpose of determining what were just and reasonable rates And unless there was a standard maximum of rates fixed either directly by the Legislature or though its Commission extortion could not be defined Unless rules and regulations were made defining what discriminations were unjust there would be no mode of definitely determining what were unjust discriminations These offices were committed to the Railroad Commission who have ever undertaken to perform them with justice alike to the railroads and the people
Your respondents deny that Circular No 171 is harsh arbitrary oppressive unjust and unreasonable They deny that they admitted at any time or on any occasion that such rates would operate unreasonably unfairly and unjustly at a given point
They admit that when complainant had persistently refused to obey Circular No 171 and had openly violated it they refused to grant them a rehearing until they had made restitution of overcharges claimed by shippers for violation of this circular well knowing that this circular was a valid and binding circular was within their jurisdiction that it was just and reasonable and that it was the law of the land They did not and do not feel that the railroad companies had any right to be heard against the propriety of its adoption when they defied it Whilst the Commission were willing to give them a rehearing when they put themselves under operation of the law they could not with justice to the State permit them to violate the law until the penalties had become burdensome and then ask for its repeal Had said railroad company made restitution to those whom it had wronged by exacting overcharges they should have had a respectful hearing and they were so informed and had they offered good and sufficient reasons for a modification or change in the circular the Commission would have readily made whatever modification might have been just and reasonable They are not now aware of any reasons that could be urged or that could have been presented which would have justified and required a change in the rule If they were they would not await for any appeal for a rehearing to make a different rule It is provided in law that said Commissioners shall from time to time and as often as circumstances may require change and revise its circulars rules and regulations and the Commission have ever held itself ready to amend and revise its rules and regulations change and alter its schedules whenever it should appear just and reasonable to do so but they submit that this is not to be done upon application of those who violated the rules and regulations of the Commission under plea that they were unjust and unreasonable notwithstanding they are acquiesced in and observed and obeyed by all the other railroad companies doing business in the State of Georgia
They submit therefore that their conduct in this particular was in conformity with both precedent and principle
Respondents further say that Circular No 171 in no sense compels a partnership between two roads That it merely fixes maximum rates for shipments made over parts of two separate roads that it was competent for the Commission to make a schedule of rates separately for each of these roads for the distances embraced in the separate ship ments to local stations and that this rule by a percentage effectuates the same pur
177
pose that it provides for a deduction applicable to all of the roads engaged in the general shipment but does not in any sense compel copartnership between them
Finally respondents insist that the said Circular No 171 is clearly within the scope
LtnlThPW7 5 3U8t and reaSOnable that is valid and binding in law and
should be enforced by the courts when their assistance is invoked Allen Fort
Wm A Little Defts Sols
State of Georgia 1 Fulton County j
Personally appeared L N Trammell Virgil Powers and Allen Fort who being sworn say that what is contained in the foregoing answer so far as the same relates to their
f nf fed 18 tfue their own knowledge and so far as the same relates to the act and deed of others they believe the same to be true
Sign6d LNIWeix
Allen Fort
Virgil Powers
Sworn to and subscribed before me this 28th day of April 1892 Signed PC 5 T
Ben J Davis
12 N P Fulton County Ga
178
BRIEF OF ALLEN FORT
Richmond Danville Ralboad Company
vs f for the Northern District
The Railroad Commission op Georgia j of Georgia
This suit was born of JusticeBlatehfords opinion in the Minnesota case 134 U 8 Supreme Court Reports We think it may be safely affirmed that but for that case this suit would not have been instituted It presents grave and important questions and the decision is necessarily far reaching in its effect Realizing its magnitude we approach the question with diffidence as to our ability successfully to present the defendants view but with the utmost confidence in the points urged in the answer and the demurrer
The bill expressly assails Circular 171 which is known as the joint rate rule but we apprehend that the real point in the case is the right of the courts to review this and all other circulars issued by the Commission whenever the railroads shall see fit to go to court with their real or imaginary grievances or to state it more plainly to remit railway regulation to the courts instead of to the Commission Indeed the distinguished counsel for the complainants in a manly and open way planted himself firmly upon the proposition that the reasonableness of the rate is a judicial and not a legislative question and that therefore the courts have a right to review all rates and rules made by the Commission whenever they shall deem them unreasonable unjust or oppressive and he relies upon the Minnesota case in support of his proposition We shall maintain that this is not a true construction of the Minnesota case and that the question of regulating the rates of transportation is a legislative and not a judicial question
Before proceeding to discuss this great question we shall address ourselves to certain points in the demurrer equally important and controlling in which if we are right the bill of complainants must necessarily fail without regard to the determination of the former question and as this latter question comes first in logical order we shall first discuss it
It is urged in the demurrer that the complainants bill is in effect a suit against the State without her consent and is contrary to the 11th Amendment to the Constitution of the United States and on this account the court has not jurisdiction What constitutes a suit against the State has been frequently considered by the Supreme Court of the United States and a brief review of those cases we think will sustain the proposition which we have laid down We are aware in several cases towit t lie case of Smith vs Georgia Railroad Company Chicago vs Minnesota that this point was not made and sub silentio it is assumed that it was of no importance Not so in this case for we raise the distinct issue at the threshold and invoke the judgment of the court thereon Eleventh Amendment of the Constitution of the United States is in these words The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or
prosecuted against any one of the United States by the citizens of another State or by the citizens or subjects of any foreign State
I need not consume the valuable time of the court by reviewing the history of this important amendment Its almost unanimous adoption and the great principle which it asserts sufficiently demonstrates its importance It is one of the best securities that the State has of its sovereignty In the early adjudications of the Supreme Court of the United States the court announced that it would look only to the record to determine whether the State was a party See Osborne vs Bank of United States 9th Wheaton 739 16th Wallace 203 Subsequent adjudications hold this view as too narrow and cases against officers were held to be eases against the State although not named on the record See Louisiana vs Jumel 107 U S 711 Cunningham vs Macon c R R Co 109 Id 446 Haygood vs Southern 117 US 52 in re Ayres 123 U S 443 From these cases it will appear that the absence of the State as a party to the record does not take the case but of the operation of the 11th Amendment In the case of Ayres which is a most exhaustive review of the whole question it was held that in order to secure the manifest purpose of the constitutional exemption guaranteed by the 11th Amendment it should be interpreted not literally and too narrowly but with the breadth and largeness necessary for it to accomplish its purpose and must be held to cover not only suits brought against the State by name but also against officers agents and representatives where the State though not named is the real party against which the relief is asked and the judgment will operate Further if a bill in equity be brought against the officers and agents in a suit the nominal defendants having no personal interest in the subject matter in suit and defending only as representing the State and the relief prayed for is a decree that the defendants may be ordered to do and perform certain acts which when done will constitute a performance of an alleged contract with the State it is a suit against the State for the specific performance of the contract and is within the terms of the 11th Amendment of the Constitution although the State may not be named as the defendant and conversely a bill for an injunction against such officers and agents to restrain and enjoin them from acts which it is alleged they threatened to do in pursuance of the statutes of the State in its name and for its use but which if done would constitute a breach on the part of the State of an alleged contract between it and the complainants is in like manner a suit against the State within the meaning of that amendment although the State may not be named as a party defendant This bill complains of Circular 171 because they allege that the rates therein fixed are arbitrary unreasonable and oppressive and deprived them of their property without due process of law contrary to the 14th mendment An examination of the statute of 1879 organizing the Railroad Commission will show that wherever there is a violation of the rules and regulations of the Commission the railroads incur a penalty it is to be collected by a suit in the name of the State for the use of the State and the recovery in that case is to be placed in the common treasury and is to be expended as the Legislature may
S78 7Q 5S erga 8eCfcin 719i 5 als 719W see act of the Legislature
187879 page 129 sections 9 and 11 The purpose of the injunction sought is to en
jom the bringing of these suits for the penalty incurred by violating Circular 171 so that the case presented comes fully within the ruling of the court above cited and
soiZ trger an th Yirinia case of which is the leading case oi the
subject The relief prayed for would operate directly against the State by prevent
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ing the bringing of a suit in the name and for the use of the State and would be in direct contravention of the 11th Amendment It is no reply to say that the action of the Railroad Commissioners is without jurisdiction or ultra vires In that case complainants remedy would be against the individuals as such composing the Commission and not against these officers The exact question here presented has been decided by the Supreme Court of Florida in McQuirters case 24th Florida p 417 12th Am S Reports 220 under substantially similar circumstances to the present case In that case the Railroad Commissioners of Florida fixed passenger fares at three cents a mile The Pensacola and Atlantic R R Co alleged that this was unjust unreasonable and oppressive contrary to the 14th Amendment of the Constitution of the U S etc and brought a bill to enjoin the Commissioners from bringing suits for the recovery of the penalty as in this case The Florida Railway Commission law is substantially a copy of the Georgia law and the Florida Constitution has a clause substantially the same as our Constitution on the subject of extortion and unjust discrimination by the railroad companies The penalty for violating the rules and the remedy is the same so that this case is exactly in point to the one at bar The learned Chief Justice Rainey in a very able and elaborate opinion held that Where a statute provides that the Railroad Commissioners shall make and fix reasonable and just rates of freights and passenger tariffs to be observed by railroad companies doing business within the State and shall as soon as practicable furnish each company with a schedule of such charges a suit to enjoin such commissioners from enforcing such charges on the ground that they are unreasonable and unjust is not in itself a suit against the State but as the statute provides a penalty for the violation of such rates as fixed and directs such commissioners to sue in the name of the State to recover the penalty if the bill for an injunction also prays that they be enjoined from instituting such suit it becomes in effect an action against the State and cannot be maintained A careful examination of the very able decision of Chief Justice Rainey is asked of the court It is so lucid convincing and conclusive that argument can add nothing to its force So we insist that being a suit against the State in effect the bill cannot be maintained and should be dismissed The complainants remedy if they have any in the courts would be to defend the suits when brought on the ground set up in their bill
Passing from this question we come to consider whether or not Circular 171 is legislative To state the question more accurately whether or not the fixation of the rates by legislative authority is legislative or judicial and whether the courts have any jurisdiction over rates fixed by a railway commission This question involves the right of railway regulation by the State and at this late day it seems a work of supererogation to discuss the existence of this right It has been so often before the courts and so universally held that the Legislature has a right to pass laws to regulate the rates and charges of a railroad to fix maximum charges and to exercise control over this subject that I feel at a loss to know where to begin in the discussion
Railroads are common carriers They are affected with a public use The public have an interest in them and in the absence of contractual rights have complete control over the subject within those constitutional and legal limitations which environ all legislative of administrative acts We do not doubt that the complainants would have acquiesced in this view but for some expressions used in the Minnesota case 134 U S It becomes necessary therefore for us to inquire what is that case
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and What it determines The Legislature of Minnesota had passed an act which authorized a board of commissioners to fix a schedule of equal and reasonable rates without requiring them to give the railroads any notice whatever The railroads were permitted to make a schedule and the Railroad Commissioners were at liberty to revise the schedule without notice to the parties interested and to fix in its stead what they deemed equal and reasonable rates The Supreme Court of Minnesota held that the rates so fixed were binding upon the railroads and that the courts could not inquire into the reasonableness of the rates so fixed The Supreme Court held on appeal that such a statute so construed was unconstitutional That court held that the authority delegated to this Commission was not absolute but limited to a schedule reasonable to the railroads as well as to the public that under the statute itself any rate fixed by the Commission not thus reasonable were ultra vires and without jurisdiction and that to compel the railroads to adopt without a legal opportunity of being heard the rate so established would be to deprive them of property without due process of law The true rule of construction in such cases is that statutes must be judged not by what is done under them but what must be done under them Under the Minnesota act there was no legal provision for the railroads to be heard and the discretion of the Commission was limited by the act itself and as the railroads were cut off from all inquiry as to whether limitations so imposed had been exceeded or not the majority of the court thought the construction unconstitutional Whatever expressions are used in the opinion beyond this may be justly regarded as obiter dicta Viewed in this light the decision is reconcilable with the Munn case and others on this same subject It is a noticeable fact that in the Minnesota case the Granger cases were not referred to by Judge Blatchford so that we may safely assume that it was not the purpose of the court to overrule the decisions heretofore made on this subject Indeed the concurrent opinion of Judge Miller expressly disclaims that such is the purpose of the decision and reaffirms the doctrine of legislative control The Supreme Court have held in the Western Railway Company vs Illinois 118 U S 570 It is difficult to believe the court consciously
intended to overrule the former cases without any reference to it in the opinion Indeed in a recent case that of Budd vs the State of New York reported in 143 U S p Mr Justice Blatchford delivering the opinion of the court reaffirms
in a long and able opinion the Munn case and others for which it is regarded as authority He says m that opinion It is further contended that under the decisions of this court in Chicago etc vs Minnesota 134 U S 418 the fixing of elevator charges is a judicial question as to whether they are reasonable or not that the statute must permit and provide for a judicial settlement of the charges and that by the statute under consideration an arbitrary rate is fixed and all inquiry is precluded as to whether that rate is reasonable or not
r ihlS 18 f maPPrellension of the decision of this court in the case referred to n that case the Legislature of Minnesota had passed an act which established a railroad and warehouse commission and the Supreme Court of that State had interpreted the act as providing that the rates of charges for transportation of property by railroads recommended and published by the Commission should be final and conclusive as to what were equal and reasonable charges and that there could be no judicial inquiry as to the reasonableness of such rates A railrad company in answer to an application for mandamus contended that such rates in regardto it were unreasonable and as it was not allowed by the State court to put in testimony
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in support of its answer on the question of the reasonableness of such rates this court held that the statute was in conflict with the Constitution of the United States as depriving the company of its property without due process of laws That was a very different case from one under the statute of New York in question here for in this instance the rate of charges is fixed directly by the Legislature See Spencer vs Merchant 125 U S 345 356 What was said in the opinion of the court in 134 U S had reference only to the case then before the court and to charges fixed by a Commission appointed under an act of the Legislature under a Constitution of the State which provided that all railroad corporations being common carriers should be bound to carry on equal and reasonable terms and under a statute which provided that all charges made by a common carrier for the transportation of passengers or property should be equal and reasonable
What was said in the opinion in 134 U S as to the question of the reasonableness of the rate of charge being one for judicial investigation had no reference to a case where the rates are prescribed directly by the Legislature Not only was that the case in Munn vs Illinois but the doctrine was laid down by this court in Wabash etc Railway Co vs Illinois 118 U S 557 568 that it was the right of a State to establish limitations upon the power of railroad companies to fix the price at which they would carry passengers and freight and that the question was of the same character as tnat involved in fixing the charges to be made by persons engaged in the warehousing business So too in Dow vs Beidleman 125 U S 680 686 it was said that it was within the power of the Legislature to declare what should be a reasonable compensation for the services of persons exercising a public employment or to fix a maximum beyond which any charge made would be unreasonable
But in Dow vs Beidleman after citing Munn vs Illinois 94 U S 113 Chicago Burlington Quincy R R vs Iowa 94U S 155 161 162 Peik vs Chicago Northwestern Railway 94 U S 164178 Chicago Milwaukee St Paul Railroad vs Ackley 94 U S 179 Winona St Peter Railroad vs Blake 94 U S 180 Stone vs Wisconsin 94 U S 189 Ruggles vs Illinois 108 U S 526 Illinois Central Railroad vs Illinois 108 U S 541 Stone vs Farmers Loan Trust Co 116 U S 307 Stone vs Illinois Central Railroad 116 U S 347 j and Stone vs New Oileans Northwestern Railroad 116 U S 352 as recqgnizing the doctrine that the Legislature may itself fix a maximum beyond which any charge would be unreasonable in respect to services rendered in a public employment or for use of property in which the public has an interest subject to the proviso that such limitation or regulation is not without limit and is not a power to destroy or a power to compel the doing of the services without reward or take private property for public use without just compensation or without due process of law the court said that it had no means if it would under any circumstances have the power of determining that the rate fixed by the Legislature in that case was unreasonable and that it did not appear that there had been any such confiscation of property as amounted to a taking of it without due process of law or that there had been any denial of the equal protection of the laws
In the cases before us the records do not show that the charges fixed by the statute are unreasonable or that property has been taken without due process of law or that there has been any denial of the equal protection of the laws even if un
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der any circumstances we would determine that the maximum rate fixed by the Legislature was unreasonable
The learned judge seems to draw a distinction between the rate fixed directly by the Legislature and one fixed by a Commission It is true that he does not elaborate this thought and with the greatest respect for the learned judge we must insist that he has made a distinction without a difference Certain it is that the Granger cases are still the recognized law of the land and that the principles enunciated in those cases are neither annulled nor overruled but stand as the unshaken judgment of the Supreme Court of the United States We maintain that there is no difference between a rate directly prescribed by the Legislature and that prescribed by a Commission acting under the authority of the Legislature where such Commission does not exceed its authority that the rate so made by a Commission is the exact equivalent of maximum rates fixed by a statute
This brings us to the consideration of the Georgia act of 1879 the constitutionality of which the distinguished counsel for the complainant has brought in issue In the celebrated case of Tillie vs 8 F W Ry Co et al Woods Circuit Judge afterwards Supreme Justice decided the present act constitutional and settled the right of the Commission to prescribe reasonable rates He reviewed the whole subject most elaborately and thoroughly sustained the rules and regulations of the Commission and the act under which they were organized It was charged there as here that the rates prescribed were oppressive and unjust and deprived the company of their property without due process of law The case was thoroughly argued and well considered and so convincing was its reasoning so high its authority that it was acquiesced in by the railroad companies The court holds as follows My conclusion is that the act of the Legislature of Georgia of October 14th 1879 entitled An act to provide for the regulation of railroad freight and passenger tariffs in this State etc etc is not in violation of either the Constitutionof the United States or the State of Georgia that under the Constitution of Georgia power and authority is conferred on the Legislature to pass lasys to regulate freight and passenger tariffs on railroads to require reasonable and just rates and it is its duty to pass such laws that it may prescribe such laws either directly or through the intervention of the Commission and that the question whether the rates prescribed by the Legislature either directly or indirectly are just and reasonable is a question which under the Constitution the Legislature may determine for itself Objection was there made as here to that provision of the act which makes the rates prescribed by the Commission sufficient evidence of their reasonableness and justness The great judge said on this subject It is claimed that the law is unconstitutional because by declaring that the schedule of rates established by the Commissioners shall be held and taken in all the courts as sufficient evidence that the rates therein fixed are just and reasonable it deprives the railroad company of their constitutional right of trial by jury In this provision the Legislature has exercised the power exercised by all the Legislatures both Federal and State of prescribing the effect of evidence and it has done nothing more Even in criminal cases Congress has declared that certain facts proven should be evidence of guilt For instance in section 3082 U S Revised Statutes it is provided that whenever on indictment for smuggling the defendant is shown to be in possession of smuggled goods such possession should be deemed evidence sufficient to authorize a conviction unless the defendant should explain the possession
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to the satisfaction of the jury The statute books are full of such acts but it hasnever been considered that this impairs the right of trial by jury This decision isregarded by the courts as high authority The Georgia Railroad brought in question the constitutionality of the Railway Commission act before the Supreme Court of the State where all the grounds possible to be urged were presented against the validity of the law The Supreme Court of Georgia 70th Ga p after citing Tillies case as authority expressly held the act constitutional and sustained the validity of the rates fixed by the Railroad Commission Justice Crawford delivering the opinion said In concluding this opinion whilst we hold the act of October 14th 1879 constitutional and the orders of the Commission valid and binding yet we are not to be understood as holding that their powers are unlimited or beyond legal control by the proper authorities of the State on the contrary we hold that the powers which have been conferred upon them are to be exercised within legal and constitutional limitations and in such a way as not to invade the legal and constitutional rights of others Upon the appeal of this case to theSupreme Court of the United States the decision was unanimously affirmed sustaining the constitutionality of the law and the legal validity of the orders and regulations of the Commission The Supreme Court in afiirming the Georgia case said There have been differences of opinion among the justices of this court in some cases as to the circumstances or conditions under which some kinds of property or business may be properly held to be affected with a public use but none as to the doctrine that when such use exists the business become subject to legislative control In most every case which has been before this court where the power of the State to regulate rates has been under consideration the question discussed has not been the original power of the State over the subject but whether that power by stipulation amounting to contract had not been surrendered it is only upon that point that there have been difficulties In the Budd case the Georgia case is cited and approved as well as in other adjudications by that court Subsequent to the Budd case the case of Wellman vs 143 U S p
and also in the case of Gibbs vs 143 U S p the
power of legislative control is reaffirmed and it is distinctly stated that it was immaterial whether the Legislature by general statute or through a Commission prescribed just and reasonable rates that the extent of judicial interference was protection against unreasonable rates In the case of Gibbes the court used the following language
C C A R R Co vs Gibbes 142 U 8 393 That regulation may extend to all measures deemed essential not merely to secure the safety of passengers and freight but to promote the convenience of the public in the transaction of business with them and to prevent abuses by extortionate charges and unjust discrimination It may embrace a general supervision of the operation of their roads which may be exercised by direct legislation commanding or forbidding under severe penalties the doing or omission of particular acts or it may be exercised through commissioners specially appointed for that purpose The mode or manner of regulation is a matter of legislative discretion When exercised through commissioners their services are for the benefit of the railroad corporations as well as of the public
If then there be no valid difference between regulation by general statute and regulation through a commission the complainants have no right to the relief
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prayed for In the Budd case the doctrine of the Munn case 94 U S 121 is emphasized So it becomes interesting for us to see what that case is and how far it is authority in support of the proposition that the reasonableness of a rate is a question for the Legislature and not the courts The effect of that decision is to hold that in the absence of contractual rights to the contrary it is competent for the Legislature itself or by a board of commissioners to fix maximum charges and railroad corporations and the courts will be bound by such maxima See also Stone vs Farmers Loan and Trust Company 116 U S 337 Peek vs Cbicago 94 U S 178 R R Co vs Iowa 94 U S 161 P R R Co vs Miller 132 U S 75 R R Co vs Mfg 16 Wallace 318 Gibbons vs Ogden 9th Wheaton 203 P R R Co vs Merrill21 Wallace 471 W St P R R vs Blake 94 U S 180 Dow vs Beethem 125 U S 686 See also 15 Wallace 232 92 U S 260 102 U S 691 118U S 557 93 U S 103 114 U S 196
Speaking of legislative control in the Munn case the court says We know that this is a power which may be abused but that is no argument against its existence for protection against abuses by Legislatures the people must resort to the polls not tothe courts In Peiks case they say As to the claim that the courts must decide what is reasonable and not the Legislature This limit binds the courts as well as the people If it has been improperly fixed by the Legislature the people and not the courts must be appealed to for the change
Again Judge Woods in the Tillie case 4th Woods C C R pagesays speak
ing of the Georgia Railroad Commission The railroad company after testing the results of the schedule of rates fixed by the commissioners and finding it to be unjust aud unreasonable can apply to the commissioners for redress If redress isdenied them there they can apply to the Legislature for relief Believing the law under which the commissioners are appointed to be under the constitutional power of the Legislature the redress must come either from the commissioners or from the General Assembly It is not in the power of this court to give relief as remarked by Mr Justice Swain in Gilmon vs Philadelphia 3d Wallace 713 Many abuses may arise in the Legislatures of the States which are wholly beyond the reach of the government of the nation The safeguard and remedy are to be found in the virtue and intelligence of the people They can make and unmake constitutions and laws From that tribunal there is no appeal If a State exercises unwisely the powershere in question the evil consequences will fall chiefly on her own citizens They have more at stake than the citizens of any other State
The true rule of judicial interference in regard to rates fixed by a Railroad Commission is that the courts can interfere only to see that the rightof public control has been exercised within those constitutional and legal limitations which environ all legislative or administrative acts Regulation does not mean confiscation nor the right to authorize rates ruinous to the public nor can a railroad be compelled to carry without reward This rule is applicable alike to the general statute as well as rates fixed through a Commission In Alcott vs the Supervisors 16th Wallace 695 the Supreme Court speaking of railway regulation by the State says It bearsonly upon the mode of use of which the Legislature is the exclusive judge Also in the Railroad Co vs Maryland 21 Wallace 471 the same court says The unlimited right of the State to charge or to authorize others to charge toll freight or fare for transportation on its roads canals and railroads arises from the simple fact that they are its own works or constructed under its authority It gives them
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being It has the right to exact compensation for their use It has discretion as to the amount of that compensation That discretion is a legislative and sovereign discretion and in its very nature is unrestricted and uncontrolledthe security of the public against any abuse of this discretion resides in the responsibility to the pqblic of those who for the time being are officially invested with it In this respect it is like all other legislative power when not controlled by specific constitutional provisions and the courts cannot presume that it would be exercised detrimentally Sothatthe Supreme Court in its emphatic reaffirmance of the Munn case and the Granger cases and in the case of Budd vs New York affirms these principles which settle conclusively that legislative regulation of rates is an administrative and not a judicial question As we have seen there is no substantial difference between regulation by general law and regulation through a Commission Hence the act of commissioners within the scope of their authority is not subject to the control or review of the courts That the exercise of the administrative power is binding upon the courts let us examine the case of Johnson vs Towsley 13th Wallace 83 where it is announced by the Supreme Court when speaking of such matters that where there has been confided to a special tribunal the authority to hear and determine certain matters arising in the course of its duties the decision of that tribunal in the scope of its authority is conclusive upon all others All that is required is that a fair opportunity for a hearing be afforded to the parties interested Upon this principle commissioners of navigation are invested with quasi judicial duties and also the General Land Office also all commissioners to apportion the costs of providing public improvements and also the assessment of taxes While these officers act in a quasi judicial capacity they are really administrative They have not that distinctive feature of a court which is the power to enforce obedience to its orders by its own processes A railroad tariff is in effect a tax It is as much a tax as custom duties It is as general in its effect and as universally collected A railroad rate is a tax levied by consent of the Legislature and as we have seen can be fixed by the Legislature It is substantially an assessment of a tax on commerce allowed by the public for the benefit of the corporation to enable the railroads to discharge their duty to the public It must even at common law have been just and reasonable When we reflect that the revenues of the railroads are five times the customs duties collected some idea may be formed of the importance of this question Being in the nature of a tax the rules and practice which govern tax assessments are applicable also to railway regulation Tax assessors are confessedly administrative officers In making their assessments they act in a quasi judicial capacity but their action is binding upon the courts and the public alike The Supreme Court have frequently discussed the validity of tax assessments summary remedies for the collection of taxes and the same principles are applicable to this case both as regards the administrative character of the act and as showing due process of law in the acts complained of In the Kentucky Railroad tax cases 115 U S 334 in which in answer to the argument that the assessment of valuation by the railroad commissioners might prove oppressive it is said It is urged that there is no security that the final action of the Board of Railroad Commissioners in valuing and assessing railroad property may not be unequal unjust and oppressive and that either by error of judgment through caprice prejudice or even from an intention to oppress valuations may be made which are excessivebearing no reasonable relation to what is fair and just and fixed arbitrarily based neither upon
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actual evidence nor an honest estimate But the same suppositions may be indulged in in opposition to all contrary presumptions in reference to the final action of any tribunal appointed to determine the matter whether judicial or administrative Such possibilities are but the necessary imperfections of all human institutions and do not admit of remedy at least no revisory power to prevent or redress them enters into the judicial system for by supposition its administration is itself subject to the same imperfections See also 140 U S 316 to the same effect
The general doctrine is that wherever the whole community are interested that the right of exercising the prerogative of regulation is in the Legislature and it is not for the court to usurp these prerogatives It was said of the license tax cases 5th Wallace 469 The court can know nothing of public policy except from the Constitution and the laws and the course of administration and decision It has no legislative powers It cannot amend or modify any legislative acts It cannot examine questions as expedient or inexpedient as politic or impolitic Considerations of that sort must be addressed to the Legislature Questions of policy determined there are conclusive here Let us remember that while there are limitations upon the legislative power so also are there upon the power of the judiciary The life liberty and property of the subject would be exposed to arbitrary control if the judge should also be the legislator All the taxesfederal State and municipalare collected and assessed through administrative officers and the courts may not interfere with them when acting within the scope of their authority But it is said that Circular 11 is inoperative and void because being unreasonable oppressive and arbitrary it is obnoxious to the fourteenth amendment of the Constitution of the United States which declares that no person shall be deprived of life liberty or property without due process of law and should be guaranteed the equal piotection of the laws Under this somewhat elastic clause it is sought to bring this rule The learned counsel whilst apparently conceding the constitutionality of the Georgia Commission act the right of the commissioners to fix rates attacked rather what they have done than the power to do it The circular in question is really a rate rather than a rule and it is contended that this rate is so unreasonable that it deprives the complainants of their property without due process of law and is therefore inoperative The real purpose as we gather it of the bill is to assert the power of the court to review each particular rate whenever the railroad shall see fit to call it in question Before considering the entire impracticability of regulation by the court we will examine the question as to what constitutes due process of law This phrase since Magna Charta has been frequently the subject of judicial inquiry and seems still undetermined My learned friend after much research and argument has informed the court that due process meant the law of the land and conversely the law of the land meant due process of law Justice Miller tells us in his concurring opinion in the Minnesota case that the rates fixed by a Railroad Commission are the law of the land until they have been judicially determined to be oppressive and unreasonable My learned friend insists that by the law of the land is included the right of trial by jury as it was practiced at the time of the adoption of this amendment and he argues therefore that rates fixed by the Railroad Commission as a finality deprives him of his right to inquire into their reasonableness before a jury As we understand due process of law does not necessarily require a hearing in the courts of justice as to questions of fact determined by the executive or administrative tribunal acting under authority of law It has been defined in 111 U S
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701 to be one which following the forms of law is appropriate to the case and just to the parties affected Even eases of private property do not always demand judicial administration or necessarily imply a regular proceeding in a court of justice or after the manner of such courts See 96 U S 97 115 U S 331 113 U S 27 In the first case cited it is said speaking of tax assessments The officers in estimating the value act judicially The law in prescribing the time when such complaint shall be heard will be held to give all the notice required upon the proceedings by which the valuation is determined though it be followed if the tax be not paid by sale of the delinquents property is due process of law Also in 96 U S 97 it is said That whenever by the laws of a State or by State authority a tax assessment servitude or other burden is imposed upon property for the public use whether it be for the whole State or for some more limited portions of the community and those laws provide for a mode of confirming or contesting the charge thus imposed in the ordinary courts of justice with such notice to the person of such proceedings in regard to the property as is appropriate to the nature of the case the judgment in such proceedings cannot be said to deprive the owner of his property without due process of law In 113 U S 27 it was expressly decided that due process is not intended to interfere with the police power of the State Legislative regulation is the exercise of the police power of a State It has been repeatedly held by the Supreme Court of the United States that public officers constituting inferior quasi judicial tribunals such as courts of supervisors commissioners of roads appraisers of customs and the like in matters pertaining to their juris diction are not subject to judicial interference or restraint by injunction See U S 118 p 437 note Mississippi vs Johnson 4th Wallace 475 24 Houser 508 107 U S 426 13th Wallace 83 Where rights of the general public are involved summary remedies outside of the ordinary judicial forms may be adopted with this qualification that if great abuse or excesses follow the exercise of thispower the eourts may interfere In other words where the act of such officers so grossly abuses their discretion as will amount to fraud or corruption or where their acts if enforced would result manifestly in confiscation like legislative acts of a similar character the courts may stay their operation and prevent the great wrong that would flow from them The question of railway regulation through a Commission is the manifest intention of the Constitution as held by Judge Woods in the Tillie case For he says It is obvious that to require the duty of prescribing rates for the railroads of the State to be performed by the General Assembly consisting of a Senate with fortyfour members and a House of Representatives with one hundred and sevehtyfive and which meets in regular session only once in two years and then only for a period of forty days would result in the most illadvised and haphazard schedules and be productive of the greatest inconvenience and injustice in some cases to the railroad companies and in others to the people of the State It is impracticable for such a body to prescribe just and reasonable rates To insist that this duty must be performed by the General Assembly itself is to defeat the purpose of that clause of the Constitution under consideration The view taken by complainant would preclude the Legislature from the use of the necessary means and agencies to accomplish what it is required by the Constitution to do The Constitution of the United States gives to Congress the power to levy and collect taxes but this does not require Congress itself to assess the property of the taxpayer and collect the tax The Constitution of Georgia clothes the General Assem
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bly with the power of taxation over the whole State and requires taxes to be assessed upon all property ad valorem But this does not require the Legislature to investigate through its committees or otherwise and declare by an act the value of every piece of property in the State subject to taxation
Whilst it is conceded that in the absence of legislative regulation the courts could determine the reasonableness of a rate where complaint was made we do not think it could be candidly claimed that the courts could effectuate regulation To remit the question to the courts would be to abandon control There are so many elements that enter into the making up of rates so many and such variety of conditions and circumstances to be considered so many changes daily in point of competitions in the markets competitions in routes competitions in the commodity competition in trade differences in production all the various classifications the condition of this country cost of service and the thousand different matters that it would require the entire time of the court if it had the power to regulate these questions The wisdom of the several State Legislatures and of Congress have provided special tribunals for this subject and if these cannot accomplish effective control the courts cannot supply their places The right of legislative control has been thoroughly established Indeed it is not questioned The right being conceded the necessary means of effectually enforcing that right of securing complete control is necessarily implied To abandon control or to remit it to the courts where it would be so ineffectual as to amount to an abandonment would be a step backward in the greatest question of the age The magnitude of this great problem the enormous capital employed the magnificent income collected would put in the hands of the railways a power greater than the government possesses and would be a serious menace to the perpetuity of our free institutions The railroad problem as Judge Cooley has well said is the rate problem and unless the Legislature effectually regulates the rates the railroads may levy upon the people a tribute greater than they can bear Every railroad is necessarily a monopoly ten miles from the point of competition In all ages monopoly has been regarded as dangerous to the public interest and yet in many employments effected with a public use they seem to be unavoidable The only hope of justice to the public is in effective regulation and control We have seen that this is necessarily inefficient by general law that it is practically impossible in the courts so that the com mission idea hasbeen generally accepted as the true solution of this great question Let us trust to the justice and impartiality of those chosen to discharge these great functions and if they fail let us rely upon the virtue and intelligence of thepeople upon whom at last must depend our security for life liberty property and the pursuit of happiness Railroad commissioners are not wiser than other men they are not more virtuous but it is fair fo presume that they are equally just impartial and fair as others clothed with great responsibility To say that commissioners cannot be had who can be trusted to discharge faithfully their important duties would be to defeat the great principle upon which free government is founded As well say that the Governor the Supreme Court the inferior courts are unequal to the duties of their great offices as to say that the commissioners are incompetent for theirs The law of Georgia seeks to throw around the commissioners every safeguard for the protection of the public It provides that the Govr ernor may suspend from office any commissioner that he may think incompetent or corrupt and that a mere majority of the Legislature can remove him from office
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The sword of Damocles hangs over their heads as over the head of no other offieer in the State They are required to give notice especially in the matter of joint rates to the railroad companies to be effective They have uniformly and in good faith from the foundation of the Commission to the present time shown a disposition to be just and fair They have accorded a fair hearing to the railroads and if they have differed it has been an honest difference of judgment and no ground of suspicion or distrust has attached to their acts I can make the statement with freedom as it affects this case because all of these matters preceded my incumbency of the office I do not know that I can add any emphasis to the answer filed by the commissioners in this case as to the justness and propriety of the joint rate complained of The reasons for its adoption the history of its adoption and the grounds of its continuance are fully stated in that answer and I beg to refer to that as a part of my argument upon that question Whilst we concede that the courts can be appealed to where the effect of the rate would be to confiscate the property of the railroad to deny them the right of earning some reward for the service rendered still we submit that there is nothing in this case which upon the plaintiffs own showing can justify judicial interference The joint rate made is greater than the continuous milaege rate it is greater than that voluntarily accepted by railroads for similar service It is in no sense compulsory partnership but it is a fixing of rates for each road upon shipments over two or more roads and seems to be the fairest solution of the question that could have been devised The act of the Railroad Commissioners in this matter is a discretionary act It is expressly within the purview of the statute authorizing and requiring joint rates to be made As we understand it the constitutionality of this act is not in question The gravaman of the complaint is the act of the commissioners The Legislature manifestly intended by requiring this duty upon the part of the commissioners that there should be a reduction in the rate as theretofore practiced The sum of the locals was the rate and the Legislature intended that this rate should be reduced The Commission made the smallest reduction possible under a reasonable construction of the statute So that whilst recognizing the right of the court to save the railroads from confiscation we insist that the act should on its face be of such a character as to shock the moral sense and to be manifest and patent to every one as unjust It was not expected that the courts in mere matters of discretion could review the administrative acts of the Commission Indeed it has been frequently held by the courts that such acts were not reviewable by the courts and it is so declared in Code sec 3199 that mandamus does not lie to a public officer who has an absolute discretion to act or not unless there is a gross abuse of such discretion
In McQuirters case 12th American State Reports 230 These are questions excluded from our consideration by the fact that the law refuses authority to enjoin the discretionary action of executive officers It does not matter if the exercise of the discretion works an injustice or wrong In many of the reported cases the inhibition was held to apply though the officer was legally wrong as to the conclusion reached as to the rights of the parties whose case was brought into his discretion and we do not see that it makes any difference whether those rights were founded on mere legal protection or on constitutional protection The simple test is whether the decision of the officer is one his discretion authorizes him to make and if it is the court is powerless to control him Where this discretion exists

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mandamus will not lie to direct the manner of its use nor will injunction step in to control or intercept its use Nor will injunction lie against public officers in the exercise of their discretion when they have acted within their discretion It is to be wisely and judiciously exercised in dealing with the many delicate questions involved in the solution of the rate problem That great jurist Judge Cooley who has devoted much time to the subject in a very able report says that the question of the reasonableness of rates is an administrative and not a judicial question He says such questions will commonly arise collaterally but the manner in which they are presented is immaterial if in point of fact they are judicial questions no decision upon them by an administrative tribunal can be conclusive When however the question passed upon by the commissioner is really administrative it seems equally plain that the conclusion would be a finality even though their enforcement may require judicial aid See 4th Annual Report of Interstate Commerce Commission pages 1314 In a final determination of the reasonableness of rates many considerations must enter cost of service mileage nature and number of gradients cost of construction operating expenses amount and regularity of traffic to and fro gross and net receipts value of railroad property and of freight hauled management whether economical or extravagant eompetition future as well as present prospects trouble expense and risk these are some of the elements which enter into the making of a rate the loss of trade the necessities of business the lessons of experience the interest of the producer the shipper the railway and the public have all to be consulted and at last the conclusion reached may be at fault They must be entirely satisfactory to the tribunal forming them for in the nature of things there can be no mathematical certainty here The best that can be hoped for is the exercise of a wise discretion based on the application of a sound principle to an almost infinite variety of facts and conditions leading to the best practicable results possible under all the circumstances The rule supposed to be applied by railways is to make the rate all that the traffic will bear under the operations of such a rule Undue burdens may be imposed upon some traffic while other traffic may be carried too cheaply Indeed the greatest evil of rates fixed by railway officials when unrestrained by law arises from the fact that to meet competitive rates upon through traffic rates are made so low as to create an apparent necessity for onerous charges at noncompeting points The fact that such charges prevent producers from making fair profits diminish and even destroy the traffic does not always suffice to remove the temptation to reach after immediate results To avert this evil Germany and Holland have adopted the mileage rule while in many of the States and in other foreign countries the long and short haul rule is relied upon Whatever may be thought of this it is certain that the rates should not be so much out of proportion to distance and that in the future there must be a scaling down of rates at noncompetitive points even though at the point of competition rates have to be advanced It is believed that this could be done in many cases without violation of the salutary laws which require that rates should be accommodated to the circumstances of the traffic
I beg leave to call the attention of the Court to a very able paper by Judge W B Flemming one of the Railroad Commissioners of Kentucky on the subject of Just and Reasonable Rates I have found it invaluable in the preparation of this brief and I commend with approval the following quotation from his admirable paper
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While rates must be elastic and accommodate themselves to the traffic rather than force traffic to accommodate itself to them this must be done with reasonable regard and relation to the cost of production and the value of transportation service to producer and shipper Some degree of favoritism may seem to be necessary but the extent to which it may be lawfully carried is to be determined upon the principle referred to and by the special circumstances of particular cases Railroads are entitled to fair and just consideration They have rights that must and will be respected They are great promoters of civilization and have helped to enrich and make properous our great country They are officered by some of our ablest men and in the United States have built near fifty per cent of the entire railroad mileage of the world and furnish the best models of railroad enterprise under the sun Whoever is entrusted with their control should accord to the private capital involved opportunity for generous return and if such an one should so far forget his duty as intentionally to deal unjustly he would forfeit the esteem of all just men The fact that the people insist that the matter of rates is legislative and administrative rather than of a judicial nature is not to be regarded as a mark of hostility to railroad corporations The question is simply one of public policy The purpose is effectual control j the object to shift to apt tribunals the responsibility of securing justice to all the interests involved and not the deprivation of reasonable allowance by arbitrary enactment or official act
By remanding the question to the legislative or administrative department of government it is not pretended that the problem of what is reasonable is solved or determined The problem still remains to be finally solved upon such just principles as will be fair alike to the railroads and the public It should be borne in mind that our State and federal governments are a trinity three heads in one each separate and distinct each sovereign and independent The functions of one may not be usurped by the other They are all alike responsible to the people In this government they are the kings They can make and unmake laws they can change the form of our government Our Constitutions and laws are in their last analysis but the authoritative expressions of popular will Let us not in this day of civilization and progress turn backward in our march by conferring on any one department absolute and depotic powers but let us preserve intact the great principles upon which our free government is founded and aceord to each department of governmant that independence and power which our forefathers had conferred upon them By so doing we can enjoy for ourselves and transmit to posterity the blessings of our free institutions ALLEN FORT
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BRIEF OF W A LITTLE ATTORNEYGENERAL
Richmond Danville Railroad Company ln Equity
rr p vs f United States Circuit Court
The Georgia Railroad Commission Northern District of Georgia
The bill in this case alleges that the action of the defendants in fixing maximum joint rates of freight to be observed by all railroads in the State of Georgia as set out in Rule No 30 and promulgated in Circular No 171 by the defendants is a violation of the Constitution of the State of Georgia and is obnoxious to section 1 article 14 of the Amendments to the Constitution of the United States
In order that the points of objection may be clearly set forth reference is here had to the Constitution of the State of Georgia the acts passed in pursuance thereof and the action of the defendants thereunder which are stated in the following
SUMMARY OF THE CASE
Paragraph 1 section 2 article 4 of the Constitution of Georgia is in the following words 4
The power and authority of regulating railroad freight and passenger tariffs preventing unjust discrimination and requiring reasonable and just rates of freight and passenger tariffs are hereby conferred upon the General Assembly whose duty it shall be lo pass laws from time to time to regulate freight and passenger tariffs to prohibit unjust discriminations on the various railroads in this State and to prohibit said roads from charging other than just and reasonable rates and to enforce the same by adequate penalties H
The Legislature of Georgia to carry into effect this clause of the Constitution passed an act providing for the appointment by the Governor of three Commissioners conferring upon them certain powers and duties providing certain salaries locating a permanent office at the capitol providing a methodTor issuing subpoenas to witnesses to be heard in investigations made by them of compelling the attendance of said witnesses and of their pay and expressly confining the jurisdiction of said Commission to the operation of railroads in the State of Georgia
Code of Georgia 719a etsequiter
By the provisions of the act the Commissioners were required to make reasonable and just rates of freight to be observed by all railroad companies doing business in the State of Georgia on the railroads thereof to make reasonable and just rubs and regulations to be observed by all railroad companies doing business in Georgia for the necessary handling and delivery of freight to make such just and reasonable rules and regulations as may be necessary for preventing unjust discrimination in the transportation of reight on the railroads in this State and to make for each railroad corporation doin business in this State a schedule of just and reasonable rates of charges for the transport Nation of freight and cars on each of said railroads
Code of Georgia sections 719e and f
chedle should be published in certain newspapers in the towns and cities of the State and should be delivered to the railroad companies and by them posted at all their stations for the protection of the people and the schedules in suits brought
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against any railroad corporation in which is involved charges for the tmnsporfcation freight shall in all courts be deemed and taken as sufficient evidence that the lates which are fixed are just and reasonable rates for the transportatian of freight and that rheCoamWo should as often as circumstances required change and revse sad
schedules
It tote provided in said act that if any railroad company doing businessin this State by its agents or employees shall be guilty of a violation of the lules and rc0 tionsprovided and prescribed by said Commissioners after due noiiceetc such company should incur a Laity for each offence where restitution Was not made of not less than one thousand dollars nor more than five thousand dollars to he fixed by the presid SI dthat an action for the recovery of such penalty should he ip liny county oHhe State where the violation occurred and should be instituted by the IWlroiu
Commissioners in the name of the State of Georgia by the AttorneyGeneral of the
State or the SolicitorGeneral of the circuit where such 0 j8
The General Assembly of Georgia by an act approved October 29 1889 express y auihorised aTd directed the Railroad Commission to make maximum joint rates of freight for railroads d nng business in this State not under the same control or manage ment On September 4 1890 the Georgia Railroad Commission issuedCircular No 11 givhig nhceof the1adoption of Freight Rule No 30
ments of freight originating and terminating in this State which shall pass ove t
Xiror portions of two roads not under the same control the maximum rate to he
charged on said shipments should not be more than the sum of the two local rates of sue freights for the distance hauled over each road less tea per cent giving to each road t on tbat shipment for the distance hauled less ten per cent ai d
providing that the companies might if they desired divide the total of such joint rates fn any proportion that they might agree not to affect the tota this
Thl complainant refused to obey the rule and put suqh rates in operation upon this line On January 81892 the Commission gave notice to complainant t unless stt rule was obeyed lud such rates put in operation at once suits as provided by the act
W Complain anTen fileitsdl1 to enjoin the Georgia
tuting such suits and relied upon the following propositions of law to sustain the appi
CtirnstfThrt thSegature of Georgia had no power under the authority of the Constitution of the State to delegate to the Commission the right to establish rates charged for the transportation of freight on railroads within the State of Georg a
af That under the constitutional provision only legislative action was contemplate l Second That the acts of the General Assembly tocarry into effect this provision of he
Constitution of Georgia are obnoxious to the Constitution of the mte a
nrohibits a State from depriving any person of property without due P and from denying any person within its jurisdiction the equal protection cif law
a For theyreason that whether a given rate for transportation as fixed by the Com
missionisJustin reasonabie is a judicial question to he
Z For tbe reason that the provision of the act which makes the schedule sufficient evincein allTurts in this late makes the findings of the Commission conclusive
upon the courts
ThirdThat this is not a suit against the State
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In reply to the propositions submitted the following
BRIEF
is submitted
FirstIn construing the terms of the constitutional provision as affecting the regulation of charges for transportation of freight and passengers on railroads it will be observed that the power and authority is conferred on the General Assembly
1stTo regulate railroad freights and passenger tariffs
2dTo prevent unjust discrimination
3dTo require reasonable and just rates
Then it was made the duty of the General Assembly to pass laws
1stTo regulate freight and passenger tariffs
2dTo prohibit unjust discrimination
3dTo prohibit railroads from charging other than just and reasonable rates and enforce the same by penalties
Constitution of Georgia Code 5094
If there could be a question under this broad grant of power whether in passing laws
to regulate transportation of freights prevent unjust discrimination require reasonable and just rates the General Assembly were authorized in the passage of a public law imposing the duty on railroad companies to observe these constitutional requirements to create a Commission to fix a schedule of such rates as would be just reasonable and not discriminating an application of the familiar and necessary rule that when a grant of power is made to accomplish a certain purpose all the power necessary to accomplish that end is included in that grant would seem to put an end to further inquiry
But if there had ever been a doubt of the authority of the General Assembly under the Constitution to create a Railroad Commission for the purposes named in the several actsit is not now an open questionit was aflirmatively ruled in case of Tilly vs R R Commissioners Woods Circuit Court R vol 4 page 427
The object of the Georgia Constitutional provision conferring power upon the Legislature to regulate railroad freights was to give proper protection to the
citizens against unjust rates and to prevent unjust discrimination It was not
expected that the Legislature should do more than to pass laws to accomplish the ends in view Nor were they required to enter into the details of settling freights and tariffs over all the railroads in the State The Railroad Commissioners are officers appointed to carry into execution the laws passed by the Legislature and are constitutional officers
Georgia R R vs Railroad Commissioners 70th Ga p 694 and this ruling was expressly affirmed by the Supreme Court of the United States in the same case in 128th U S S C R p 380 The question is there absolutely settled and on the authority of the above will be so considered in the further discussion of this case
The second point urged by the complainant is
That the acts of the General Assembly to carry into effect this provision of the Con stitution of Georgia are obnoxious to the Constitution of the United States which prohibits a State from depriving any person of property without due process of law and from denying any person within its jurisdiction the equal protection of the law
Complainant insists that due process of law means the law of the land the general law the law which hears before it condemns which proceeds upon enquiry and
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renders judgment after trial that every citizen shall have life liberty property and immunities under the protection of the general mles which govern society
It is conceded that these general principles are sound correct and of force and we are to see whether when applied to the question at issue they or any one of them are violated when legislative control is exercised over corporations affected with a public interest
The act of incorporation under which the complainant exercises the right of operating a railroad was given by the publicnot for the interest of the road or its stockholders but for the benefit of the public
The same act of incorporation authorizes the complainant to take the property of individuals over which to construct its railroad by paying for it Why It is the law of the land that the citizen shall be protected in his private property but the same law of the land compels him to yield it for public purposes It cannot be taken at all or private purposeswhen taken for public purposes it is not without due process of ilaw because it is the law of the land so to take it
The State only can take it but the complainant being authorized to construct a high way for the public the State delegates to it a part of its sovereignty to do so It does and it is held not to be obnoxious to this clause of the Constitution on the ground that it is for the benefit of the general public therefore the complainants property its railroad the transportation of freight by it is affected with a public use
From a very early day this has been the law Lord Hale in his treatise de portibu maris said A man for his own private advantage may in a port set up a wharf and
may take what rates he and his customers may agree for wharfage for he doth no more than is lawful for any man to do viz make the mostof his own but if the king or a subject have a public wharf either because it is the only wharf licensed by the queen
or because there is no other wharf in that port there cannot be taken arbitrary or excessive charges but must be reasonable and moderate because the wharf is affected with a public interest and ceases to be juris privaii only
In the reign of George III in the case of Allnutt vs Inglis Treasurer Easts Keports vol 12 p 527 Lord Ellenborough held that certain warehouses were not juris privati because the Legislature had said that the goods should only be warehoused there that where private property is by consent of the owner invested with a public interest or privilege for the benefit of the public the owner can no longer deal with it as private property only but must hold it subject to the rights of the public and must receive the goods into the warehouse for a reasonable hire and reward
These principles so early established became firmly fixed in the common law and the right of regulation of private property affected with a public use by the Legislature is as much a law of the land as the prohibition against taking private property without due process of law and is in no way antagonistic to that principle
a Due process of law in the fourteenth amendment to the Constitution of the United States does not necessarily mean by a judicial proceeding
95 U S p 37
The right to regulate the tolls of ferries bridges the business of hackmen the price of bread etc have all been adjudicated to be a right incident to government and not affected by the provision of due process of law for the property business or calling is not private but affected by a public use
In the case of Munn vs Illinois 94 U S p 114 in interpreting a statute of the State of Illinois which declared that elevators and storehouses where grain or other property is
197
stored for compensation were puhlic warehouses and by the Constitution it was made the duty of the General Assembly to pass laws to protect purchasers and shippers of grain there stored the Legislature passed an act fixing a maximum charge for storing and handling grain by such warehouses and the right of the Legislature to fix the charge was resisted as taking private property wi hout due process of law The act of the Legislature was sustained and it wa3 clearly ruled that the Legislature had the right to fix a maximum charge for the business and that the right to limit by the Legislature charges for services rendered in the public employment was no new principle but onlygave effect to an old one
Again in 118th U S Reports p 557 in the cas of W St L P R R Co vs 111 it was rule 1 that the transportation of goods which was begun and ended within the limits of the State is subject to regulation by the State and the statute is valid
In 125 U S Reports p 6S0 in the case of Low vs Beidelman it was ruled that the statute fixing a maximum fare for the transportation of passengers pn a railroad was not taxing property without due process of law and was not obnoxious to the Fourteenth Amendment
in the case of Georgia Railroad vs Smith before referred to it was also ruled that transportation of freight and passengers was public use of property and that such business was subject to legislative control And in 116 U S Reports p 307 it was also ruled that the State had a right to limit the amount of charges by railroad companies for the transportation of persons and property
Ip tho case of Budd rsPeople of New York Supreme Court of the United States decided February 29 1892 the whole question of the regulation of property affected by a public use being controlled by the State and the right of the Legislature to fix a charge for such work was reviewed previous authorities cited and clearly and explicitly affirmed and the court adhered to their ruling in the case of Munn vs Illinois
I he principle cannot now be avoided nor is it a matter of any further contet that the right exists in the Legislature to regulate the business of property which is affected with a public use and to prescribe charges beyond which the public will not be compelled to pay
It is however urged by the complainant that even if this principle be true and if the Legislature has the right to fix a maxmum charge for the transportation of freight by the railroad companies this right exists in the Legislature and it cannot be delegated to a Commission
In the case in the 128th U S Reports of the G R R vs Railroad Commissoners it will be remembered that the decision of the Supreme Court of Georgia holding thecreation of the Commission necessary to accomplish the end of regulating such transportation was expressly affirmed
The question was also fairly met and adjudicated in the case of Tilly Woods Circuit Report 4th vol p 427 and in the case of C C AR R vs GibbiS Treasurer decided January 4th 1892 it was ruled that railroad corporations were affected wdth a public use that they assumed by the acceptance of their charters the obligation to transport freight for reasonable rates and they are subject to legislative regulation and that the mode or manner of regulation is a matter of legislative discretion and this was held in a case where the regulation was made through a Commission
We think therefore that the two propositions first that the business of transportation carried on by railroads is subject to legislative control and second that such con
198
trol may be exercised either directly by the Legislature in fixing maximum rates or through a Commission created for that purpose and that these regulations are not obnoxious to the Fourteenth Amendment of the Constitution of the United States are clearly established
It is further claimed however by the complainant that the acts of the General Assembly are unconstitutional because it is provided that the findings of the Commission are made by the acts conclusive upon the courts and that the question of whether a rate is reasonable and just is a judicial question and that they have the right to have the same passed upon by the court as other questions of fact are decided
In reference to this proposition of law it might be remarked that if the contention is right then there was no necessity for the constitutional provision nor for the acts of the Legislature because the Legislature under the common law had a right to regulate the business that it was a duty under the common law which the railroads owed to the public that their charges should only be reasonable hence under the common law it was a question of fact and could be decided by the judicial tribunal as any other question
It might be further remarked that if the question of the reasonableness and justice of a rate is question to be decided by the court this would abrogate or if not abrogate qualify the right of the Legislature to regulate such charges It would in the latter case be regulated not by the Legislature but by the j udiciary
To maintain the proposition that the complainant is entitled to adjudicate the question whether a rate fixed by the Commission is reasonable and just and that the same is a judicial question the case of the C M St P Railroad Company vs State of Minnesota 134 U S Reports p 970 is confidently relied upon
An examination of that case and the statute upon which the ruling was made becomes necessary especially in view of the fact that there is no other case or ruling which intimates that such a construction should be given the question and that all of the interpretations heretofore made and several since made can be safely relied on as expressing the judicial mind denying this right to the complainant
A reference to the statute of Minnesota construing which the decision was made discloses the following provisions pertinent to the question under consideration By that statute the railroads subject to it in the State of Minnesota were required to fix rates for the transportation of freight which should be equal and reasonable and to furnish the Commission copies of such schedules Should the Commission determine in any case that the rates so fixed were not equal and reasonable then the Commission should fix equal and reasonable rates and cause the same to be published and the railroad company could thereafter only legally charge the rates so established by the Commission Should the company refuse to abide such rates then the State through its AttorneyGeneral should apply to the courts to compel the company to observe such equal and reasonable rates fixed by the Commission
The C M St Paul R R Company under the provisions of this statute fixed a rate on the transportation of milk to certain cities which it deemed equal and reasonable On complaint the Commission found that the rate fixed by the company was not equal and reasonable and fixed a rate which it claimed was equal and reasonable and notified the company and published the same The company refused to observe the rate fixed by the Commission
Thereupon the Commission directed the AttorneyGeneral in the terms of the statute
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to apply to the Supreme Court of Minnesota for a mandamus to compel the company to observe the rate fixed by the Commission On the return of the writ the company claimed that the rate which it had fixed was equal and reasonable and that fixed by the Commission was not equal and reasonable and tendered evidence to show that fact
The Supreme Court of Minnesota held that the court could not go into the question of whether the rate fixed by the Commission was equal and reasonable but that the same was conclusive and refused to entertain the question as a judicial question and issued the writ of mandamus
A writ of error followed to review the decision of the Supreme Coqrtof Minnesota the company contending that that decision deprived it of its property without due process of law and refused it the equal protection of the law
The court held that the issue of the writ of mandamus violated the Constitution of the United States and the question of the reasonableness of the rate charged for transportation by a railroad company involving as it does the element of reasonableness both as regards thecompany and as regards the public is eminently a question for judicial investigation requiring due process of law for its determination and that assuming the interpretation given to the statute by the Minnesota court to be correct in that case the company was deprived of its property without due process of law
A careful examination of this case will disclose the fact that the rulings made were on the construction of this particular statute It quotes 116th U S 307 in the following language From what has thus been said it is not to be inferred that this power to limit the regulation is itself without a limit This power to regulate is not a power to destroy and limit is not the equivalent of confiscation Under pretense of regulating fares and freights the State cannot require a railroad corporation to carry persons or property without reward neither can it do that which in law amounts to a taking of private property for public use without just compensation or without due process of law
It further says that by the construction given to the Minnesota statute the railroad company is forbidden to establish rates that are not equal and reasonable and there is no power in the courts to stay the hands of the Commission if it chooses to establish rates that are unequal and unreasonable that this interpretation of the statute makes it unconstitutional because it deprives the company of its right to a judicial investigation under the forms of law and substitutes as an absolute finality the action of the Railroad Commission which in view of the powers conceded to it by the State court cannot he regarded as a court of justice
By reference to the case of Georgia Railroad in 70th Ga heretofore referred to it will he found that Cranford judge in holding the right of the Georgia Commission to make rates binding upon railroads uses the following language It may not be out of place in concluding this opinion to say that while we hold the act of October 141879 constitutional and the orders of the Commissioners valid and binding we are not to be understood as holding that their powers are unlimited or beyond regulation and control by the proper authorities of the State on the contrary we hold that the powers which should be conferred upon them are to be exercised within legal and constitutional limits and in such way as not to invade the legal and constitutional rights of others
As has been stated the ruling in this last case was expressly affirmed by the Supreme Court of the United States Here it is held that the rates made by the Commission are valid and binding upon the railroads that the power of the Commission was to adopt rules and regulations to carry into effect a law which the Legislature had passed that
200
this power was constitutional that it was not intended for the Legislature to make the rates but that the Constitution intended for the Commission to make the rates and that when so made they would be valid under the Constitution and binding upon the railroads Hence when the State court said that the powers of the Commission were not unlimited nor beyond legal control it did not mean that the rates fixed were subject tojudicial investigation but did mean as quoted in the Minnesota case that the power to regulate was not to destroy and a limit by the Commission of the rates was not to be construed as the right to confiscate Therefore if the Commission undertook to compel the railroads to transport freight without reward or at such a rate as would shock the moral sense and amount to confiscation then the courts would interfere not however to fix what was a reasonable and just rate not to regulate the discretion of the Commis sion but to declare that the property of the company could not be destroyed nor confiscated under the guise of law
The court would have this right in regard to the act of the Legislature not because it had power to fix alter or modify any rate made by legislative enactment but because eve i the Legislature by an enactment could not destroy or confiscate the property of a person or corporation That this is absolutely what the court meant in the Minnesota case is readily deducible byreference to the opinion of Mr Justice Miller who concurred in the judgment of that case In his concurring opinion he lays down certain propositions and says that the State has the legislative power to establish the rates of compensation for carriage by common carriers within the State that this power can be exercised through a Commission created by the Legislature but that neither the Legislature nor the Commissionjactingunder its authority can establish arbitrarily without regard to justice and right a tariff of rates so unreasonable as to practically destroy the value of property engaged in the carrying business nor so exorbitant as to be in utter disregard of the rights of the public but that in either of these classes of cases there is an ultimate remedy in the courtsand I beg to emphasize what he says that remedy is forfor relief against such oppressive legislation The relief therefore afforded by this decision made in part by Justice Miller does not extend to legislation by which rates aro fixed either by the Legislature itself or by a Commission created by the Legislature but having just declared that the legislation was legal and constitutional in itself the relief is applied to what he says such legislation cannot do that is destroy and confiscate
But more than this this judgment was dissented from entirely by Mr Justice Bradley Mr Justice Gray and Mr Justice Lamar The dissenting judges did not give the effect to the opinion of the majority of the court wThich the majority gave on the contrary the dissenting justices gave to the opinion of the majority the same construction that the complainant gives to the opinion in this case Judge Bradley says that theopinion cf the majority in this case practically overrules Munn vs Illinois and other cases decided because in that and the othercases the principle was ruled that the regulation andfsettlement of the affairs of railroad was a legislative prerogative and not a judicial one
Butin the case of Budd decided February 29 1892 where the court held that the Legislature can fix a maximum rate beyond which any charge would be unreasonable and intimates that underno circumstances could it be determined by a court that themaximum rate fixed by the Legisature was unreasonable they refer to the opinion rendered in the Minnesota case and to the dissenting opinion of Mr Justice Bradley wherehe said that the Minnesota case overruled Munn vs Illinois and say that the
201
opinion in Minnesota did not refer to Munn vs Illinois but that the two cases are clearly distinguishable How are the cases distinguishable As to that in the Minnesota case they adopt the opinion of the Minnesota court construing the statute and held that the railroad had a right to a judicial investigation and so say I There the State was the complainant there the State through its Commission called the railroad into court declaring that the rate fixed by the Commission was equal and reasonable and that the rate which theState allowed the railroad company in the first place to fix was not equal and reasonable There the company was primarily entitled to fix the rates secondly if such rates were in the opinion of the Commission unequal and unreasonable the CommiSion had the right to fix it Both fixed it Both declared its particular rate equal and reasonable The Commission brought the railroad into the court alleging that only the rate fixed by it was equal The Commission sought the judiciary and interposed its power and then denied the right of investigation The court construed the denial of the right under these circumstances to be violative of the Federal Constitution
That this is a proper interpretation of the Minnesota case we refer to the later case of Budd vs People of New York There the State of New York by legislative enactment fixed a maximum charge for the handling of grain in elevators Budd the owner alleged that that legislative act was violative of the Fourteenth Amendment and offered the Minnesota case as conclusive The court denied the application of the principle in Minnesota and held that the Legislature had the right to fix this maximum rate and that the court could not determine that a maximum rate fixed by the Legislature was unreasonable
We have already seen that in the case of 128th U S where the Georgia court held that the Legislature had the right to establish a Commission to fix rates the Supreme Court held that to be a correct decision consequently we have in that case and in the Budd case the ruling of the Supreme Court to the effect that the Legislature has the right itself to fix maximum rates which shall be binding and it has the right also to create a Commission to fix maximum rates which shall also be binding
To demonstrate farther that the Minnesota case was not meant to rule as a general proposition that what was reasonable and just rates fixed by the discretion of a Commission was a judicial question for the court reference is had to still another case decided January 4 1892 O C A R R vs Gibbes There referring to the case in 128th U S the court say The legislative regulation of railroads may extend to all measures deemed essential not only to safety the convenience of the public but to prevent abuses and unjust discrimination It may embrace a general supervision of the operation of the roads which may be exercised by direct legislation commanding or forbidding under severe penalties the doing or omission of particular acts or it may be exercised through commissioners specially appointed for that purpose
The principle is recognized in a still later caseNew York vs Squire opinion delivered May 2d in this year where complaint was made that the supervision of the manner in which an incorporated electric company should place its underground wires and works was changed from the Commissioner of Public Works to the Board of Subway Commissioners The court replied that not a right of the electric company was violated and that the expressly reserved power of the State or municipality to regulate the use of streets and highways was simply transferred from one public functionary to another
If the decisions in all the other cases to which we have referred be the law then the Minnesota case cannot affect this case The latter case founded on the peculiar statute
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of that State finds no elements of similarity in our statute In the Minnesota statute the rates were required primarily to be fixed by the roads which should be equal and just iff the Georgia statute the railroad companies are forbidden fixing rates In Minnesota if the rate fixed was equal and reasonable it was not affected by the Commission and never came under its jurisdiction In Georgia all railroads are placed primarily by legislative action under the rule of the Commission as to rates In the Minnesota statute the Commission were referred to the courts to enforce by mandamus the rates fixed by it to compel performance In the Georgia statute a railroad might forever disregard the rate but it would do so under a penalty in dollars In Minnesota the duties of the Commission were supervisory which necessarily raised a question as to which was the reasonable rate In Georgia the Legislature assumes the right absolutely to regulate railroads because they are affected with public use and in so regulating establishes through the Commission a positive rate beyond which the company c moot go One is permissible the other mandatory If the right to regulate exists and the regulation is mandatory and does not destroy the property nor confiscate it no question can be raised but as was said by Mr Justice B adley in the Minnesota case the company must go for relief either to the Commission or to the peeple
THIS IS A SUIT AGAINST THE STATE
As a last point the defendant submits that neither this court nor any other can entertain jurisdiction of the complainants bill for the reason that this proceeding is a suit against the Sate by a foreign corporation and by the eleventh amendment to the Constitution of the United States no court can entertain jurisdiction
An analysis of the bill will demonstrate that the constitutionality of the act creating the Railroad Commission is only incidenta ly attacked The right of the Commission to make maximum joint rates is the first point of the attack The second and most vigorous is that the question of whether a rate fixed by the Commission is reasonable and just is a judicial question and the complainant comes to this court sets out in its bill the rate wherein it is unreasonable and asks the court to hear evidence as a judicial question
It must be admitted by complainant that if it is entitled to a hearing in this court that in proceedings hereafter taken by the Commission to enforce the penalties for the violation of the statute it can also urge the same objections The question then would be from its position and it is the question made here are the rates fixed reasonable and just It does not seek by the present bill to attack the impositions of the penaltit s except on the ground that it is not subject because the rate charged by it is reasonable and just It seeks to enjoin the suit for the penalties not on the ground of unconstitutionality of the act which imposes them but to avoid a multiplicity of actions
The penalties if recovered are for violation of the State law Actions to recover them are to be prosecuted in the name of the State When recovered the amount is to be paid into the State treasury and used for the benefit of the State This would certainly make the State a party without any question in the suit to recover a penalty and the question here is shall those suits be enjoined
A State can only act through an officer or agent By the act of the General Assembly the officers appointed to act in bringing suit to enforce the penalties are the Railroad Commissioners The injunction sought is to restrain the Commissioners that is the State from instituting the suits Has this court jurisdiction On this point I refer to two cases decided by the Supreme Court of the United States Cunningham vs The
203
Macon and Birmingham R R Co et al 109 U S p 446 and Johnson Haygood et al vs Williams 117 U S p 52 where all previous cases are referred to and distinguished and the ruling is made that
Where the State is not only the real party to the controversy but the real party against which relief is sought the nominal parties being its agents and officers without any personal interest in the subjectmatter the suit is substantially within the prohibition of the eleventh amendment William A Little
AttorneyGeneral
204
OPINION
IN THE UNITED STATES COURT NORTHERN DISTRICT OF GEORGIA
Richmond Danville Railroad Company
vs I In Equity
L N Trammell Virgil Powers and Allen Fort
Railroad Commissioners of Georgia j
This is a bill brought by the Richmond Danville Railroad Company a Virginia corporation against L N Trammell and others as members constituting the Railroad Commission of the State of Georgia under an act of the General Assembly approved October 14th 1879
The purpose of the bill is to enjoin the defendants from instituting against complainant a large number of proceedings in the various counties of this district to enforce and collect penalties for alleged violations by complainant of a certain rule established by said Commission The rule relates to joint rates of freight to be collected by roads under the same control and this rule is claimed by the railroad corporation to be unreasonable and unjust The whole scheme of legislation in Georgia in reference to the powers and duties of the Railroad Commission is that the Commission shall fix reasonable and just rates of freight and passenger tariff The provision on this subject embo lied in the Constitution of 1877 sec 2 par 1 article 4 is as follows
The power and authority of regulating railroad freight and passenger tariffs preventing unjust discrimination and requiring reasonable and just rates of freight and passenger tariffs are hereby conferred upon the General Assembly whose duty it shall be to pass laws from time to time to regulate freight and passenger tariffs to prohibit unjust discriminations on the various failroads in this State and prohibit said railroads from charging other than just and reasonable rates and enforce the same by adequate penalties
The act of the Legislature of October 14thc1879 Acts 1879 p 125 to carry into effect this constitutional provision provides for the establishment of a Railroad Commission and gave to it authority to make for each of the railroad corporations doing business in this State as soon as practicable a schedule of just and reasonable rates of charges for transportation of passengers and freight and cars on each of said railroads
The act of the Legislature of October 29th 1889 Acts 1889 p 181 gives the Commission power to make just and reasonable rates for all connecting railroads doingbusiness in this State as to all traffic or business passing from one of said roads to another It will be perceived therefore that as stated the powers of the Commission are to establish reasonable and just rates for the railroad companies of the State
The contentions of the complainant are
First That the order or rule of the Railroad Commission in refrence to joint rates isunreasonable and unjust
Second That by the terms of the act of the Legislature of 1879 establishing the Railroad Commission and fixing its powers and duties and prescribing modes of procedure etc it wTill not have an opportunity in the suits which the Railroad Commission proposes ta institute to enforce the penalties against it to show this fact the provision of the act
205
being that the schedule of rates established by the Commission shall in suits brought against any such railroad corporation for the transportation of any passenger or freight cars or unjust discrimination in relation thereto be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads
Third That the effect of this last provision being to deprive it of the right of showing that the rate fixed is not reasonable and just the rate fixed by the Commission being itself evidence of its reasonableness that the collection of these penalties without giving an opportunity to be heard will be depriving it of its property without due process of law and in so far as it is deprived of the same right of defence in the courts that other litigants would have under the same circumstances it is denied the equal protection of the laws
The contentions of the defendant are
First That this is in effect a suit against the State and therefore cannot be maintained
Secondly That the rates fixed are just and reasonable taking issue squarely with the complainant as to that
Thirdly That although they do not deny the effect of the provisions of the act of 1879 making the rates of the Commission sufficient evidence etc will be as claimed by the complainants still that it is not thereby deprived of any constitutional rights
It is proper first to dispose of the question raised that this in effect is a proceeding against the State Without going into a discussion of the decisions on this subject or seeking to apply them to the facts of this case I call attention to the decision of Circuit Judge McCormick in the recent case of Mercantile Trust Company el al vs Keagan and others constituting the Railroad Commission of Texas not 3 et reported but of which I have a newspaper copy before me Precisely the same question was raised there that is presented here except it is not shown whether there as here suits for penalties proceed in the name of the State Suits in equity were brought to restrain the Railroad Commission of the State from enforcing certain rates of freight and passenger traffic established by it and from enforcing penalties and it was contended by the Railroad Commission that the proceedings were in effect against the State Judge McCormick says As to the contention that these are suits a gainst the State it seems elear to me that the latest decisions of the Supreme Court settle that question against the defendants
In Pennoyer vs McConnoughy 140 U S p 1 the construction and application of the Eleventh Amendment is fully discussed the earlier decisions reviewed their doctrine extracted their line clearly marked between those cases against the State officers which are suits against the State in the sense of that amendment and those which ar not and these cases come plainly within the latter class
As suggested to the counsel at the hearing he cannot reason against the authority of the Supreme Court nor give an additional weight by our indorsement or agreement
Whereas in the case last cited that court has construed the earlier cases and announced the rule the limit of our office is to arrive at the right in cases on trial by that rule and it appears to me not to admit of the question that on the authority of that case these are not suits against the State within the meaning of the Eleventh Amendment
While it is perhaps unnecessary in the view taken of the case to decide the question here still I would be disposed in this case to adopt the views of the Circuit Judge in
206
the Texas case as quoted above if a determination of the question was deemed necessary the parties here are at issue as to whether or not the joint rate complained of isreasonable and just That it is unreasonable and unjust is asserted on the one hand and denied on the other If the rate is not reasonable and just will the railroad company have an opportunity to show this before the penalties are enforced against it under the peculiar provisions of the Act of 1879 making the schedule sufficient evidence of its reasonableness The case which is mainly relied upon here of course by the complainant is the case of the Chicago Railway Company vs Minnesota 134 U S 418 The language of the Supreme Court in that case so far as is necessary to quote here is as follows
The construction put upon the statute by the Supreme Court of Minnesota must be accepted by this court for the purpose of the present case as conclusive and not to be reexamined here as to its propriety or accuracy The Supreme Court authoritatively declares that it is the expressed intention of the Legislature of Minnesota by the statute that the rates recommended and published by the Commission if it proceeds in the matter pointed out by the act are not simply advisory nor merely prima facie equal and reasonable but final and conclusive as to what are reasonable charges that the law neither contemplates nor allows an issue to be made or inquiry to be had as to their equality or reasonableness In fact that under the statutes the rates published by the Commission are the ones that are lawful therefore in contemplation of law the only ones that are equal and reasonable and that in the proceedings fora mandamus under the statute there is no fact to traverse except the violation of the law in not complying with the recommendation of the Commission In other words although the railroad company is forbidden to establish rates that are not equal and reasonable there is no power in the courts to stay the hands of the Commission if it chooses to establish rates that are unequal and unreasonable
This being the construction of the statute by which we are bound in considering the present case we are of the opinion that so construed it conflietswith the Constitution of the United States in the particulars complained of by the railroad company It deprives the company of its right to a judicial investigation by due process of law under the forms and with the machinery provided by the wisdom of successive ages for the investigation judicially of the truth of the matter in controversy and substitutes therefor as an absolute finality the action of the Railroad Commmission which in view of the powers conceded to it by the State court and cannot be regarded as clothed with judicial functions or possessing machinery of a court of justice
And later in the opinion is the following
The question of the reasonableness of a rate of charge for transportation by a railroad company involving as it does the element of reasonableness both as regards the company and as regards the public is eminently a question for judicial investigation requiring due process of law for its determination If the company is deprived of the power of charging reasonable rates for the use of its property and such deprivation takes place in the absence of an investigation by judicial machinery it is deprived of the lawful use of its property and thus in substance and effect of the property itself without due process of law and in violation of the Constitution of the United States and in so far as it is thus deprived while other persons are permitted to receive reasonable profits upon their invested capital the company is deprived of the equal protection of the laws
The effect of this decision by a majority of the Supreme Court of the United States is
207
that the question of the reasonableness of a rate fixed by a railroad commission is one for judicial determination Counsel for defendant here contend that this decision should be restricted to the case made by the Minnesota statute and the peculiar facts existing there The principle announced is too clear and the rule laid down is too broad to be thus restricted It is claimed that the decision in Budd vs New York 143 U S 517 by its reaffirmance of the Munn case 94 U S 113 is in effect a departure from the Minnesota case The language of the Supreme Court in the Budd case in reference to the decision in the Minnesota case is as follows
It is further contended that under the decision of tiais court in Chicago etc Railway Company vs Minnesota 134 TJ S 418 the fixing of elevator charges is a judicial question as to whether they are reasonable or not that the statute must permit and provide for a judicial settlement of the charges and that by the statute under consideration an arbitrary rate is fixed and all inquiry is precluded as to whether that rate is reasonable or not
But this is a misapprehension of the decision of this court in the case referred to In that case the Legislature of Minnesota had passed an act which established railroad and warehouse commission and the Supreme Court of that State had interpreted the act as providing that the rates and charges for the transportation of property by railroad recommended and published by the Commission should be final and conclusive as to what were equal and reasonable charges and there could be no judicial inquiry as to the reasonableness of such rates A railroad company in answer to an application for a mandamus contended that such rates in regard to it were unreasonable and as it was not allowed by the State court to put in testimony in support of its answer on the question of the reasonableness of such rates this court held that the statute was in conflict with the Constitution of the United States as depriving the company of its property without due process of law and depriving it of the equal protection of the laws That was a very different case from the one under the statute of New York in question here for in this instance the rate of charges fixed were directed by the Legislature See Spencers Merchant 125 US 345 356 What was said inopinion of the court in 134 U S had reference only to the case then before the court and to charges fixed by a Commission appointed under an act of the Legislature under a Constitution of the State which provides that all corporations being common carriers should be bound to carry on equal and reasonable terms and under a statute which provides that all charges made by a common carrier for the transportation of passengers or property should be equal and reasonable
What was said in the opinion in 134 U S as to the question of the reasonableness of the rate of charge being one for judicial investigation had no reference to a case where the rates were prescribed directly by the Legislature
There is nothing in this language to justify the argument that the Supreme Court intended any departure from the rule announced in the Minnesota case namely that where a railroad commission had authority to fi just and reasonable rates the question of their reasonableness is one for judicial investigation So it seems clear that the rule laid down in the Minnesota case is the proper rule to be applied to this case and when correctly applied should control it
Now under the act of the Legislature of Georgia if these proceedings to institute penalties are instituted will the railroad company be allowed a judicial investigation by ordinary and proper judicial procedure as to the reasonableness of the rate in question
208
It will be seen that the whole case for complainants rests on the assumption that the term sufficient evidence as used in the act of 1879 is in its practical effect the same as conclusive evidence that is that the introduction of the schedule of rates fixed by the Commission would be of itself sufficient evidence of its reasonableness and would establish it as a fact in the case
1 have had some difficulty as to the meaning of the term sufficient evidence The definition of sufficient evidence in the Code of Georgia sec 3743 is that which is satisfactory for the purpose
The definition of sufficient evidence in 1st Greenleaf on Evidence is By satisfactory evidence which is sometimes called sufficient evidence is intended that amount of proof which ordinarily satisfies the unprejudiced mind beyond reasonable doubt The circumstances which will amount to this degree of proof can never be previously defined the only legal test of which they are susceptible is their sufficiency to satisfy the mind and conscience of a common man and so to convince him that he would venture to act upon that conviction in matters of the highest concern and importance to his own interest This definition is more favorable to complainant than any that counsel produced or the court has found In the case of Tillie vs Railroad Commissioners 4th Woods 448which was a suit to enjoin the CommissionersJudge Woods refers to this term sufficient evidence as used in the act of 1879 in the following language In this provision the Legislature has exercised the power exercised by all Legislatures both Federal and State of prescribing the effect of evidence and it has done nothing more Even in criminal cases Congress has declared that certain facts proven shall be evidence of guilt For instance in section 3082 of the United States Revised Statutes it is provided that whenever on an indictment for smuggling the defendant is shown to be in the possession of smuggled goods such possession shall be deemed evidence sufficient to authorize a conviction unless the defendant shall explain the possession to the satisfaciion of the jury The statute books are full of such acts but it has never been considered that this impairs the right of trial by jury
There is no decision of the Supreme Court of the State so far as I am informed construing this provision of the act in question In the case of the Georgia Railroad et ah vs Smith et al 70th Ga 694 in which the constitutionality of the Railroad Commission Act of Georgia was drawn in question there is no discussion whatever of this term sufficient evidence and so far as it appears the question was not raised in that case This last mentioned case was taken to the Supreme Court of the United States Ga R R vs Railroad Commissioners 128 U S 174 and the decision of the Supreme Court of the State which was favorable to the Railroad Commission was af firmed and there still appears no reference to this particular language so that the case of Tillie vs Commission supra is the only judicial construction of this term as used in the Georgia Commission Act
In the case of Kelly vs Jackson 6 Pet 622 the Supreme Court of the United States denied prima facie evidence to be such as in the judgment of law sufficient to establish the fact and if not rebutted remains sufficient for the purpose To the same effectsee United States vs Wiggins 14th Pet 3467 Lilienthals Tobacco vs United States 97th U S 268
Sufficient evidence in a statute means prima facie or more Repalje Lawrence Law Directory citing Wilberforce Statute Law 139140 In the Century Dictionary lately published sufficient evidence is defined to be such evidence as in amount is adequate to justify the court or jury in adopting the conclusion in support of which it is ad
209
duced The definition of sufficient evidence as given in the Code of Georgia however ought to be taken in the construction of a Georgia statute
If it was the intention of the Legislature that the schedule of rates fixed bv the Commission should be final and conclusive on the subject of reasonableness in suits brought against any railroad involving charges for the transportation of freight it is difficult to see why they did not use the term conclusive evidence instead of the term sufficient evidence
In the Minnesota case the Supreme Court held that the Minnesota statute was in conflict with the Constitution of the United States as depriving the railroad company of its property without due process of law and depriving it of the equal protection of the laws because the Minnesota statute as construed by the Supreme Court of the Stata which construction was final provided that the rates of charges for the transportation of property by railroads recommended and published by the Commission should be final and conclusive as to what were equal and reasonable charges and that there could be no judicial inquiry as to the reasonableness of such rates
In the case of the Georgia Railroad vs Smith supra the Supreme Court of the State uses this language in the opinion Whilst we hold the act of October 14th 1879 constitutional and the orders of the Commission valid and binding yet we are not to be understood as holding that their powers are unlimited or beyond the legal control bv the proper authorities of the State On the contrary we hold that the powers which have been conferred upon them are to be exercised within legal and constitutional limitations and in such way as not to invade the legal and constitutional rights of others The meaning of the foregoing language clearly is that this law shall not be construed by the courts in such a way as to deprive any person of the corporation of legal and constitutional rights
The Supreme Court of the United States declares in the Minnesota case that itis a constitutional right of a railroad company when sued for violation of rates of transportation as fixed by a railroad commission to have a hearing and offer evidence as to the reasonableness of such rates The Supreme Court of Georgia says that powers of the Railroad Commission must be exercised within legal and constitutional limitations It is evident therefore that if any other construction can be given the term sufficient evidence than that it is conclusive evidence the courts of the State will adopt that construction which will not deprive the complainant of any other railroad company of its constitutional right to a hearing and this court is not sufficiently convinced that the State courts will be compelled to rule against the railroad companies as to the right to offer evidence to justify it in granting the injunction here prayed for on this assumption Certainly the courts of the State will if it can be done give the term in question a construction consistent with its constitutionality and which will allow the railroad company a full hearing as to the reasonableness of the rate fixed by the Commission It is not intended by this decision or anything said in the foregoing opinion to hold that in a proper case a railroad company would not have a right to bring suit against the Railroad Commission to restrain it from enforcing rates clearly unreasonable and unjust and which m the language of the Supreme Court amounted to confiscation In tne sixth proposition stated by Mr Justice Miller in his concurring opinion in the Minnesota case he uses the following language That the proper if not the only
mode of judicial relief against the tariff of rates established by the Legislature or by its commission is by a bill in chancery asserting its unreasonable character and its conflict 14
210
with the Constitution of the United States and asking a decree of coU fb g corporation from exacting such fare as excessive or establishing its right to collect the rates as being within the limits of a just compensation for the services rendered
To the same effect is the recent decision of Circuit Judge McCormick in the case of the Mercantile Trust Co vs Reagan and others constituting the Railroad Commission of Texas recently decided and hereinbefore alluded to It will be understood of course that the Railroad Commission will be a useless piece of machinery if within reasonable bmls it could not fix rates but when it goes beyond this and its action becomes confiscation then a proper case would be made for the application of the rule clearly established by the foregoing decision A
The unreasonableness of the rate in question here is as stoutly denied as it is ted and the court could not be expected and indeed it has not been requested to hold the joint rate complained of here unreasonable or unjustthe inquiry here being restricted to the constitutionality of the act of the Legislature for the reasons above set forth This court not being satisfied that it will be necessary for the State courts m suits that inavbe instituted for penalties to hold the rate fixed by the Commission conclusive evidence on the trial cannot grant the injunction as prayed for and it must be denied Circuit Judge Pardee who has had the bill answer and briefs of the counsel in this case and who has kindly given the case consideration at my request authorizes me state his concurrence in this decision Tins November89 g Judge
Signed
In Equity in the Circuit Court of the United States Northern District of Georgia
The Richmond Danville Railroad Company vs
L N Trammell et al Railroad
Commissioners et al J
After hearing argument and considering questions made by the bill and evidence submi W in the above stated case it is ordered that the injunction applied for be refused for the reasons stated in written opinion heretofore filed
It is further ordered that the temporary restraining order heretofore granted be continued f r thirty davs from this date and that if an appeal be entered by complainant within that time the same be continued until the United States Circuit Court of p
peals
In open court this November 9th 1892
Wm T Newman
The Richmond Danville Railroad
Company t
vs In Eimty
L N Trammell et al
Railroad Commissioners et al J
By consent of the counsel to the above stated case it is ordered that the temporary restraining order heretofore granted be continued from this until and inclusive
8th of January 1893
In open court this December 8th 1892
Wm T Newman
U S Judge
21
APPENDIX D
TRAM ROAD OF BEWICK LUMBER COMPANY
OPINION OF THE COMMISSION
Atlanta Ga June 7 1893
In the Matter of the Bewick Lumber Company The question having been submitted by parties interested as to whether or not the Tram road of the Bewick Lumber Company from Hazlehurst into the forestsome fifteen or twenty miles is a common carrier we have called on Stillwell Millen Company for full particulars as to the operation of said road It appears from the evidence submitted that this Tram road is constructed from Hazlehurst to some point varying in distance from fifteen to twenty miles for the purpose of transporting logs to the companys mills It has no fixed terminus except Hazlehurst and is changed to reach points most convenient to their lumber They have no regular station they keep no agents and only stop along the line of its road as suits their convenience expressly refusing to assume responsibilities as a common carrier It does not seek business as a common carrier nor hold itself out to the world as such and expressly declines to take the responsibility of a common carrier or to be recognizd as such and this fact is known to the public in the neighborhood of said road and is expressly stated as to all shipments made They have not constantly and continuously for any period of time or any distance sought and handled freights but reserved the right to discontinue altogether the accommodations given to individuals and the public who are made acquainted with this fact The Tram road is private property and is not operated under a charter The road was built for the convenience of Stillwell Millen Co to enable them to transport logs from their timber to their mills The road was built with reference to the exigency of the mill business and not with reference to the public or the business of a common carrier The equipment is not more than is necessary for their own private business The haul for a compensation has been for accommodation only and at such times only as it suited their convenience to do so with the expressed understanding that they decline to be regarded as a common carrier and they represent that if they are to be regarded as a common carrier they would not continue the business The Tram road is liable to be moved as snon as the timber it penetrates is exhausted
The question is Is this Tram road a common carrier under the aforesaid facts and subject to the jurisdiction of the Commission It is undoubtedly true that the Railroad Commission have authority over common carriers operating railroads whether the same are chartered or not whether operated by corporations companies or individuals provided said railroad shall do business as a common carrier The Code defines a common carrier as one who pursues the business constantly and continuously for any period of time or any distance of transportation A person or corporation cannot be regarded as a common carrier even jf such party transport goods for compensa
212
tion unless they have agreed to be bound as such either expressly or implied See 42 Ga 528 2d Ga 529 In Woods Brown on common carriers page No 40 it is said that one distinctive t st for determining whether or not a person is a common carrier and probably the decisive one is whether he has consented to be bound as such This consent may be implied from the act and conduct of the carrier or it may be expressed See 14th Ky Reports 698 In the Kentucky case it was held that one cannot become bound by such contract unless he has consented to he bound in that character or has so acted as to justify the belief that he intended to be so hound Without actual consent or conduct from which it may be presumed no one can be ome liable as a common carrier any more than upon any other contract
Applying these rules to the facts aforesaid we are of the opinion that the Tram road of the Bewick Lumber Company is not such a common carrier under these facts as would subject it to the regulation of the Railroad Commission
Should it appear at any time that this Tram road has become a common carrier then it would be competent and requisite that the Commission should regulate their rates For the present we decline to assume control over the Bewick Lumber Companys Tram road
By order of the Board
L N Trammell Chairman
213
APPENDIX E
State of Georgia j
vs L Application to Remand to the State Court
United States Express Coapany J
BRIEF OF J M TERRELL COUNSEL FOR THE PLAINTIFF
Suit was brought by and in the name of the State of Georgia against the United States Express Company in Floyd Superior Court to recover a penalty under an Act of the General Assembly of the State of Georgia approved October 21st 1891 extending the powers of the Railroad Commission to Express and Telegraph Companies See Georgia Laws of 189091 page 151 After this suit was filed the defendant petitioned the Superior Court of Floyd county Georgia for an order removing the same to the Circuit Court of the United States for the Northern District of Georgia on the ground of diverse citizenship that is to say because the defenddant was a citizen of the State of New York Upon this petition the Superior Court of Floyd county granted an order of removal The State of Georgia is not only the nominal party plaintiff in this case but it is the real plaintiff There is no statute which authorizes the removal of a suit between a State and citizens of another State on the ground of citizenship for a State cannot in the nature of things be a citizen of any State38 Fed Rep page 161 In the case of Stone vs South Carolina 117 U S Rep page 430 it was held that a suit between a State on the one side and citizens on the other could not be removed on the ground of citizenship In delivering the opinion in this case Chief Justice Waite said It is not pretended that the suit was one arising under the Constitution or the lawsof the United States and it certainly is not one between citizens of different States The State of South Carolina is the sole plaintiff and the defendants are citizensone of South Carolina and the other of New York The cause of action is joint and only one of the defendants petitions for removal There is no statute which authorizes the remo al of a suit between a State and citizens on the ground of citizenship for a State cannot in the nature of things be a citizen of any State In the case at bar the State of Georgia is the sole plaintiff and the defendant claims to be a citizen of the State of New York It is not pretended that the suit is one arising under the Constitution or laws of the United States but the pleadings show that it is a suit arising under the statutes of the State of Georgia for the collection of a penalty incurred by the defendant for its failure to comply with the requirements of the law of the State of Georgia This being the case this suit should never have been removed from Floyd Superior Court to the Circuit Court but having been removed when brought to the knowledge of the Circuit Court that the same had been erroneously removed it should be remanded as prayed for by plaintiff
See also 18 Fed Rep 836
The Act of Congress provides only for the removal of suits of a civil nature at law or in equity This is not a civil suit It is one solely for the purposeof enforcing the laws of the State of Georgia by the collection of a penalty for a failure to
214
comply with such laws See Section 719i of the Code of Georgia An action is civil when it lies to enforce a private right or redress a private wrong It is criminal when instituted on behalf of a sovereign or commonwealth in order to vindicate the law by punishment of a public offence Repalje and Liwrence Law Die page 21 Burrel defines penalty as A punishment imposed by statute as the consequence of the commission of a certain specific offence a pecuniary punishment or sum of money imposed by statute to be paid as a punishment for the commission of a certain act Burr Law Die 286 He defines a penal action to be an action upon a penal statute an action for the recovery of a penalty given by statute It was held in the case of the State of Iowa vs Chicago Railroad Company 37 Fed Rep page 497 that a suit to recover a penalty alleged to have been incurred under an act of the Legislature of Iowa regulating railroad corporations was an action of a Criminal nature and not removable under the act of Congress In the case of Furgerson Shore Inspector vs Ross 38 Fed Rep page 161 it was held that a suit by plaintiff against the defendant to recover a penalty imposed by the laws of the State of New York for depositing prohibited materials in the waters of the bay and harbor of New York was in its nature pena1 and was not a suit of a civil nature at law or in equity and therefore not removable In the case of the State of Texas vs Day Land and Cattle Company 41 Fed Rep page 228 it was held that a suit to recover a penalty for violating certain laws of the State of Texas relative to public lands was essentially a criminal action and as such was not subject to the removal of the court In the case of Railroad Commissioners of Iowa vs Chicago Railway Company 45 Fed Rep page 82 it was held that a suit by the Commissioners to compel a railway company to obey the regulations of the Commissioners could not be removed to the Federal Courts even though the parties were citizens of different States since such a suit being in effect an attempt by the State to execute its laws The State of Wisconsin in the courts of that State obtained a judgment against the Pelican Insurance Company a corporation of the State of Louisiana for a pecuniary penalty fora violation of the insurance laws of Wisconsin Suit was then brought upon that judgment in the Supreme Court of the United States against the Pelican insurance Company and it was held see 127 U S Rep page 265 that as such a suit was for the purpose of collecting a pecuniary penalty and in its nature criminal the Supreme Court of the United States did not have jurisdiction of the same As in line with the above decisions I refer to 111 U S Rep page 460
116 U S Rep page 436
116 U S Rep page 616
This case should be remanded First Because a suit in which the State is party plaintiff or defendant cannot be removed on the ground of diverse citizenship under the laws of the United States authorizing the removal of a case from a State to a Federal Court
Second Because diverse citizenship does not exist when a State is party plaintiff or defendant
Third Because the United States Courts have no jurisdiction of suits to recover penalties incurred for a violation of State laws J M TERRELL
Counsel for the Plaintiff
Expense Account from Oct 1 1892 to Oct 1 1893
Porter S 480 00
Stamps V I
Stationery i 35 95
Telephone i 64 0
Towel Supply 4 H 0
ice m im 1 SI 395
Express charges Pi
Books Maps Etc 41 15
T elegrams S fe H 23
Incidentals 85
728 38
INDEX
Act Establishing Commission 120
Act Concerning Interstate Rates 125
Act Concerning Power to Bring Suit 126
Act Concerning Inspection of Railroads 127
Act Amending Title of Commission Act 126
Act Concerning Storage Charges 128
Act Concerning Express and Telegraph Companies 129
Bewick Lumber CompanyDecision 211
Circulars Nos 223 to 231 inclusive 105118
Classification r 79103
Code Extracts from 130133
Constitution Extracts from 119
Depots Location of 33
Extress Tariffs 136138
Express Rules 139
Express Classification 141151
Express Circulars 15315
Freight Rules 2633
Freight Tariff 3839
General Rules 22
Interstate Law Extracts from 133
LiveStock Rules 3334
Office Expenses 215
Passenger Rules 2325
Passenger Tariff 21
Relation of Railroad Companies to Freight Tariff 4178
Report to the Governor 317
Richmond and Danville Railroad vs Railroad CommissionInjunction 160210
Storage and Demurrage Rules 35
Telegraph Rules etc 159
United States Express CompanyBrief ok Hon J M
Terrell 213
owiriQOBio
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