THE LIBRARY OF THE UNIVERSITY OF GEORGIA Gift of Georgia Railroad Commision pp THIRTYSEVENTH ANNUAL REPORT OF THE RAILROAD COMMISSION of GEORGIA OP GEORGIA I PRINTED BY KOTE ft DAVIES CO ATLANTA H WRNER HILL Chairman GEORGE HILLYER Vice Chairman O R STEVENS CHAS MURPHEY CANDLER JOSEPH F GRAY Commissioners GEO F MONTGOMERY Rate Expert CAMPBELL WALLACE Secretary JAMES K HINES Special Attorney i l REPORT OFFICE OF THE RAILROAD COMMISSION OF GEORGIA Atlanta April 1st 1910 To His Excellency Joseph M Brown Governor Sib Since our last annual report the Commission has heard and decided many important questions some of which will be found contained under their own proper headings elsewhere in this report A resume of the work of the Commission for the past year has been so admirably expressed by Commissioner Candler in a recent address that we hereby incorporate a portion of his remarks in this report N The Commission as enlarged by the Act of 1907 is now charged with the tremendously important duty of supervising and regulating all of the relations of every public service corporation in the State with the people whom they serve and to a considerable degree with the people whom they employ and the investors who buy their stock and bond issues Few have a full knowledge of the vast responsibilities and never completed duties imposed by law upon the five members of the Railroad Commission of Georgia or of the requirements made upon their time and abilities or the amount of labor and research demanded in their honest efforts to fairly and intelligently decide the important issues constantly brought to their consideration The mere vastness of the financial interests involved and the disastrous results that may follow from an error of judgment however carefully and conscientiously rendered is a constant weight of apprehension upon an honest mind and heart only appreciated by those who have felt the responsibility There are 227 public service corporations doing business in this State under the jurisdiction of the Commission with a total capitalization of 122811878000 Of these 79 are steam railroads 57 street railroads gas electric and water companies 64 telephone and telegraph and 27 compress companies These corporations serve nearly three million Georgians in every known way that modern civilization demands The gross charges collected of the people for these services approximate 5000000000 per annum It is absurd to expect that uch varied and important services can be rendered without friction or difference between servant and the served either as to the sufficiency or efficiency of the service or the fair value thereof It is difficult to realize today how even in the beginnings of public service enterprises we lived as long as we did without actual disorders without some intermediary or arbitrator between the conflicting interests of two such classes and with the development and growth of public demands and services today it is impossible 4 to conceive that there can be those among served or servants who still doubt the wisdom of disinterested supervision or reasonable regulation by impartial governmental authority As demonstrating the need of a forum where small and large differences alike can be speedily and inexpensively settled upon the complaint of corporation or individual of a bureau where authoritative information tending to and actually resulting in preventing acute differences from arising may be had without delay or fee and as showing the uses made of the Commission we point you to the fact that during the year ending December 31st last in response to inquiries and communications addressed to the Commission and in disposing of the same there have been sent from the office 19431 letters and communications The office of the Commission has without the necessity of formal hearing or order during the past year received and disposed of 3000 complaints and inquiries It has formally handled and given hearings in and disposed of by orders 653 complaints and petitions Of these 67 related to passenger train service 10 to passenger tariffs 68 to freight service 94 to freight rates 194 to claims and complaints as to overcharges and demurrage ranging from a few cents to hundreds of dollars 53 to depots and stations 9 to side and spur tracks 15 to street car service and fares 10 to gas and electric light service and charges two of these involving all of the lighting and power service and charges of two cities directly and indirectly affecting the interests of 50000 people 27 to express service and rates 25 to telegraph and telephone service and rates 22 to stock and bond issues aggregating 17230100000 and 60 to miscellaneous subjects not included in the foregoing This enumeration and classification however really gives a very inadequate idea of the character diversity or importance of the services rendered the people by the Commission The railroads of this State handled in 1909 approximately twelve million passengers They have about 1500 freight and passenger stations in the State there are about 2250 separate articles embraced in the Commissions official freight classification and about 4500 in the Southern classification by the railroads so that it can be readily seen how many opportunities there are and in how many directions for difference and complaint in railroad transporta tion alone There are approximately 65000 telephone stations in the State used regularly by possibly 350000 individuals there are approximately 100000 electric light and gas consumers in the State The street railroads of the State hauled during 1909 approximately fiftymillion passengers There is not one of all this multitude of patrons of public service corporations who is immune from the possibility or probability of trouble annoyance or service unsatisfactory for one reason or another and not one however humble he or she may be who has not the right to come before the Commission without lawyer or brief but with a simple statement of facts and have the sovereign State through its commissioned agents give patient and impartial hearing to his or her complaint The doors of the Commission are closed to no one They are open to all 5 every working day in the year and a formal vacation by the entire Commission is never considered Hundreds of claims varying in amounts but aggregating several thousand dollars individually frequently too small to justify the employment of attorneys are investigated and adjustments secured or the lack of merit ih them shown to complainants Often important principles legal or technical are involved where settlement means precedents which become useful guides for the future These services are valuable to the carrier as well as the shipper and in numerous instances avoid the necessity of investigation or explanation on the part of the carrier Freight congestions especially in the cotton season frequently occur and during the past winter suggestions from the Commission in several instances have afforded immediate relief Telephone subscribers street car patrons gas and electric light consumers in fact patrons of every line of public service have learned the value of intervention by the Commission in even small matters and constantly call for its exercise The corporations themselves are not infrequently in dispute with each other and one or the other calls on the Commission so that in fact and to an extent wholly unrealized by even well informed citizens the Commission has become the great clearing house for complaints where differences are impartially arbitrated causes for litigation removed rights preserved and the performance of duties enforced During nearly every month of the year the Commission through committees and individual members and by employed inspectors has had numerous actual inspections made of tracks equipments plants depots cars side and spur tracks in order that it might be kept informed of the physical condition of the utilities under its jurisdiction or be the better enabled to decide upon disputed questions in individual cases It has required received examined and filed during the year from steam railroad companies 312 weekly reports of operations 576 monthly reports 220 special reports as to capitalization etc and 204 annual reports from all service corporations The Commisison during the year has received examined and filed about 7500 rates and tariffs and has sent out 500 copies of its general orders 1200 rate circulars 3000 of its annual reports including all the railroad laws of the State and the rates classifications rules and regulations of the Commission 2568 State railroad maps and 1714 blank sheet reports There has not been during the year a single appeal to the courts from any order decision or promulgation of the Commission nor has the Commission had to go into the courts for the enforcement of penalties for disobedience to or failure to observe any order or rule in a single instance It is upon this record that the relations be I tween the public service corporations of this State and the public are friendlier and closer today than for years as the result of fair laws and their firm but J honest and conservative administration But even with such conditions ex lsting we do not believe we have reached perfection or ideal conditions either1 in the enactment or administration y s e 5 1 6 Rate adjustments are not yet complete nor altogether equitable or satisfactory especially as to some commodities Discriminations particularly as to communities still exist but these we believe with the continued growth of enlightened public opinion will at no distant date be removed In the interest of the public and the public service corporation additional legislation might be profitably considered t RECOMMENDATIONS Possibly this Commission would feel some diffidence in volunteering recommendations such as below set forth but it will be observed that in the original act of 1879 by which this Commission was created it is provided that it shall be the duty of the Commission To recommend from time to time such legislation as they may deem advisable It has been suggested that this provision being the first historically of its kind has been copied or found its way into the act creating Railroad Commissions of other States and in fact is found in almost the identical words in the act of Congress subsequently enacted creating the Interstate Commerce Commission It has been found highly useful and is everywhere acted upon and sanctioned in practice Where defects exist in the law as must necessarily be the case in developing a system like this experience on the part of the body charged with administration of the law would be the first to discover such defects and it was in a wise intent for the public good that the framers of the act of 1879 inserted such a provision At all events it will be observed that these recommendations are made and submitted under the imperative behests of the statutes and we beg leave to add are the result of the earnest convictions of the utility and wisdom of the same REQUIRING RAILROADS TO ISSUE THROUGH BILLS OF LADING ETC Public convenience comfort and the proper facilities in the transportation and handling of freight and passengers demand that some progress be made along the line of issuing through bills of lading and the issuing of coupon passenger tickets and checking baggage through to destination Our courts have decided that under the law as it stands at present railroads can not be required to issue through bills of lading The Commission therefore recommends that such legislation be enacted aswill confer upon the Commission the authority to require through bills of lading and the issuance of coupon passenger tickets and the checking of baggage through to destination in such cases where the ends of justice and public convenience requires It to be done REQUIRING ONE RAILROAD TO ACCEPT SHIPMENTS FROM ANOTHER Authority should be given the Commission to require one railroad to accept shipments of freight from another railroad where routing instructions are given It frequently happens that a shipper desires his freight to go by a certain route on account of terminal facilities of the last carrier and for other 7 reason But some carriers refuse to render or accept shipments where hy so doing it deprives them of the long haul But in declining to follow routing instructions the shipper is deprived hy the carrier of the terminal facilities at destination when by reason of those facilities the shippers commodity commands a more remunerative price It seems therefore that the carrier having those superior facilities should be required to accept freight and place same at destination at such points as will be more advantageous to the shipper A shipment of melons for instance originating on some road having no adequate terminal facilities at the point of destination is declined by the initial line to be turned over to a connecting road having such facilities at destination because the initial road will lose the long haul The cars arrive at destination and are placed a mile or two miles further from the desired point for unloading than would be the case if the connecting road having proper terminal facilities had received and delivered the ear at destination The shipper is very much injured by this refusal The Commission should have authority to exercise its reasonable discretion in requiring such service in a given case where the circumstances justify its exercise MISQUOTING RATES We also recommend that the Commission be given authority to make rules against the practice of misquoting rates It frequently happens that a rate is quoted to a shipper and the shipper acting on the faith of that quotation makes the shipment only to be informed when the freight reaches destination that the raie was quoted lower than it really was and the carrier demands and collects a higher rate The Commission should be given the discretion if it should appear that it was intentionally misquoted to fix a penalty by rule or otherwise for habitually misquoting rates OVERCHARGES AND LOSSES IN FREIGHT The Commission recommends additional legislation on the subject of overcharges and losses in freight Under the peculiar wording of the Act of 1907 with reference to this subject it is extremely difficult if not impossible to formulate a rule that would stand the tests of the courts That Act declares that it the Commission shall have authority to fix penalties for neglect on the part of Railroad Companies to adjust overcharges and losses or failure to decline to do so if deemed unjust in a reasonable time We recommend that this language be repealed and the following or similar language be substituted therefor It the Commission shall have authority to order all railroad companies and other corporations under the jurisdiction of the Commission to pay all just claims for overcharges and losses and to fix penalties by rule or order or both for failure to pay when so required TRACK INSPECTION Nothing in connection with the transportation question is of more importance to the traveling or shipping public than Safety Surely the lives and property of the citizens of the State should he safeguarded as much as possible This is of vital importance and while the Commission has authority to inquire into the adequacy security and accommodation of the service the Legislature has as yet provided no fund put of which it could by a thorough system of inspections insure the safety of roadbed equipment and service of the various roads doing business in this State It is true the Commission has from time to time had inspections made in certain instances out of the contingent fund allowed the Commission But this fund is totally inadequate for the needs of the situation The inspections already made have been thorough and have added much to the safety and security of the traveling public With the limited fund on hand the inspector of the Commission has been able to go over but a few of the many lines in Georgia but on foot he has walked each track inspected and noted each bolt bar or tie broken or misplaced and the authorities informed by the Commission with detailed information as to the insecurity of roadbed rolling stock etc if such existed and they were ordered to place same in safe condition within a reasonable time In every instance to date the roads have cheerfully cooperated with the Commission in endeavoring to have such defects as existed remedied The result has been an incalculable benefit to the public in the way of safety and service and few if any wrecks have occurred on the roads inspected This work could be extended with great profit to the public if the Legislature would only provide a permanent fund for an inspector not only of railroad tracks bridges trestles and equipment but also of electric light and gas light plants Experts are often needed by the Commission in passing upon complaints as to this branch of the public service It is hoped therefore the Legislature will provide an adequate sum for these much needed purposes STOCK AND BOND ISSUES In some instances where the Commission acting under power conferred by the Act of August 22nd 1907 has authorized an issue of stocks or bonds by petitioning company or companies and they after obtaining approval therefor have not exercised this important authority or acted under it in any way caused doubtless by failure in negotiations change or death of parties or other intervening events The Special Counsel Judge Hines has expressed the opinion that power of revocation for such nonuser does not exist under the present law It would seem that according to the declared policy of the State such a high corporate power as to issue stocks and bonds and thereby increase capitalization ought not to slumber and be allowed to run on indefinitely and possibly for years without any report or supervision of the same by the State Circumstances and conditions will nearly always change as the years go by and what 9 may be expedient and wise in any given case today may become very unwise and inexpedient in even the near future In order to remove all doubt on the subject we recommend that by appropriate amendment to existing law discretionary power be conferred on the Commission for revoking after hearing had the authority to issue stocks or bonds either or both where there has been heretofore or may be hereafter no exercise or bonafide part exercise of such power by the petitioning company or corporations within two years from date of the order or permission of this Commission authorizing the same POWER PLANTS The Act of 1907 enlarges and extends The Powers and Duties previously conferred by law on the Railroad Commission so as to include street railways and other public service companies therein severally mentioned and enumerated as set out in Section 5 of that Act concluding with the words Electric Light and Power Plants FURNISHING SERVICE TO THE PUBLIC It has been found that under the wording of said section at least one such power plant is exempted from jurisdiction of the Commission by reason of th fact that it does not furnish power or service directly to the public but sells all its power to another party or company which latter furnishes the same to the public There may be other cases where the same conditions exist and it would seem that as long as the language or wording of the statute remains as above quoted it is possible for every power plant to escape supervision in the same waythat is by itself furnishing nothing to the public but selling its entire product to an intervening company as in the instance above quoted These power companies are of great and growing importance they are calling for large stock and bond issues they have in some instances the power of eminent domain and in many ways they affect the public welfare and safety There should be no doubt touching supervision over them by the State We recommend that the law be so amended as that all electric light and power plants having the power of eminent domain whether owned or operated by an individual company or corporation other than municipal and whether their power or product be furnished to one or many persons or parties be placed under the jurisidiction authority and control of the Commission in the same manner and to the same extent as other public service companies or parties enumerated in the law APPEALS The Act of 1890 provides that whenever the Railroad Commission of Georgia upon investigating any Through Rate into or out of this State finds that such rate is excessive or unreasonable or discriminaatory in its nature it shall be the duty of this Commission to carry the same by appeal before the Interstate Commerce Commission It is doubtful whether the word Rate in said act refers to freight rates alone or whether the same includes also passenger rates or fares There are other matters over which by reason of the same occurring in 10 interstate commerce this Commission has no jurisdiction or direct remedial authority It would seem obvious that wherever any citizen or community of this State suffers a wrong of the kind last named he or they ought to have relief by an appeal made through this Commission and in the name of the State taking the matters in question before the Interstate Commerce Commission just the same as where the wrong done consisted in the existence of an unjust or unreasonable Rate We recommend that the existing law he so amended as that the remedy by appeal to the Interstate Commerce Commission shall exist not only as to any question of rate both freight and passenger but in all matters in which the Interstate Commerce Commission has jurisdiction and further that the making of such appeals in each particular instance be left to the discretion and best judgement of this Commission both as to the ground of appeal and as to whether importance of the questions at issue will justify the labor and expense of such appeal Respectfully submitted H Waener Hill Chairman George Hillteb ViceChrmn O B Stevens Chas Murphey Candles Joseph P Gray Commissioners Geo F Montgomery Rate Expert r i Campbell Wallace Secretary 11 STOCK AND BOND ISSUES Elsewhere in this report will he found the rules prescribed by the Commission governing the application for authority to issue stock and bonds Upon receipt of an application for approval of stocks and bonds the Commission issues a preliminary order prescribing notice which the applicant shall cause to be inserted in newspapers published in the cities serving the territory through which or at which the petitioning company will be engaged in business and setting petition down for formal hearing Notice of the date fixedby the Commission for the hearing is given all parties likely to be interested and full oportunity given them to present whatever facts they might desire theCommission to consider At the hearing the proper officials of the petitioning company are sworn and examination made by the Commission as to the details of the purposes and necessities of the proposed issues Investigation of all necessary books papers and other documents and other examinations are made as are necessary to furnish full information in the premises In every case where the desired issues are approved or whatever part thereof is approved the Commission in its order approving same requires the Company to report in detail within ninety days from date of order what disposition has been made of the stock and bonds allowed and if no disposition is made within that time such report is required every ninety days thereafter until disposition is made CLAIMS By reference to the statement of formal complaints petitions etc appearing elsewhere in this report it will be noted that the Commission is called upon to handle claims of every description In many instances claimants have complained that their claims have been pending with the company complained against for months and not infrequently for one and two years and some times longer and that notwithstanding their repeated efforts to secure proper disposition the railway companies still refuse to dispose of them Oftentimes the Commission handles such claims and upon taking them up with the railwaycompanies at interest satisfactory settlement is secured within a few days This is accounted for by reason of the fact that the Commission thoroughly considers the papers and points out to the company complained against whatever rights claimants have if their rights are plain the Commission presents them to the defendant company and points out plainly wherein and to what extent correction should be made if the contentions of the claimants are not well founded they are so advised and usually withdraw the claims Less trouble is incurred in the satisfactory disposition of claims for overcharge than probably any other class of claims and this Is due in a largemeasure to the fact that the extent of the liability of the defendant company is more easily ascertained in fact is fixed as there can be only one correct rate and the only requirement in such cases is to ascertain what the correct rateis covering the shipment out of which claim accrued When such claims are 12 filed with the Commission the papers are thoroughly examined the correct rate determined and the amount of the overcharge if any ascertained and a full statement of all of the facts in the case plainly pointed out to the company against which claim is filed In cases of overcharge claims against railroad companies unless there is a difference between shippers and the railroad company as to the proper classification of the article shipped the corect rate is easily applied Where the proper charges are brought into question by reason of difference of opinion as to what class the goods shipped should be rated if the shipment is intrastate or local to the state of Georgia and therefore within its control the Commission specifies the proper classification or rating and notifies the railroad company as to the basis upon which claim should be settled If the claim grows out of an interstate shipment the Commission handles same with the railroad company in an informal way advising it as to its opinion in the matter and requesting disposition accordingly If the railroad companies refuse to carry out its suggestions in such cases the Commission informs claimants of its inability to further serve them but always informing them of its readiness to assist them in prosecuting their claim before the Interstate Commerce Commission if that Commission has jurisdiction in the matter and if not in serving them in any other way that claimants might suggest Claims for loss are handled in the same manner that is notwithstanding a lack of authority to require such claims paid the Commission always makes a thorough investigation of this class of claims and takes the same up with the campanies complained against furnishing them with the result of its investigation and urging the companies to give preferred attention to same The same is true as to claims for damage but this class of claims is probably the most difficult to satisfactorily handle Some of the difficulties incurred in handling such claims grow out of the differences between the claimant and the defendant company as to the extent of damage sustained the claims oftentimes are made account of concealed damage or damage which was not detected until the goods were unpacked and after delivery was made and the defendant company held receipt for delivery in good order Many claims for damage are filed for goods lost or broken in transit which were shipped under a released valuation claimants contending for full value of goods lost or damaged In such cases the railroads decline to admit of liability beyond the value specified in the billlading while the shippers contend that the damage complained of and for which claim was made was the result of carelessness and negligence on the part of the defendant company and for which shippers could not be required to give release In addition to these questions there also arises from time to time differences as to the extent of damage due to the value of the goods at the time same were purchased and at the time they reached or should have reached destination claimants contending that the damage not only extended to the specific invoice value of the goods but also prevented them from obtaining the benefit of an increased market price etc Thus it will be seen that claims of this character are not always brought to a satisfactory conclusion but the Commission has nevertheless been instrumental in a large I 13 number of cases in bringing about settlements of damage claims which were satisfactory to all parties concerned Claims for penalty demurrage When claims of this character are filed the same are carefully reviewed in this office and a detailed statement made as to the application of the rule in question If the claims are filed account delay in transportation the Commission estimates the time which the railroad company was allowed within which to complete the transportation and serves the defendant company with a notice to show cause why the amount due shippers under its rules should not be paid And if the claim is filed account delay in giving notice of arrival delay in placing delay in forwarding delay in furnishing cars or under some other rule the correct amount of penalty due if any is found to be due is determined by the Commission and the matter taken up with the company complained against See briefs of files under the subject of penalty demurrage claims reference to which can be had under the Subject Index Various reasons are given by the railroad companies why they should not be required to pay different claims filed by shippers under the reciprocal demurrage rules of the Commission In some cases the railroads decline to admit of liability because shippers sustained no actual money damage by reason of the delay that the movement out of which claim accrued took place at a time when the yards of the railroad company were congested or during a strike of its employees or that an accident to the car in transit rendered necessary certain repairs before car could be forwarded or that the railroad company alleged to be at fault exercised all reasonable diligence in transportation of the shipment and delivered same as soon as practicable nre The Commission has never recognized any of these reasons as sufficient to relieve the railroad companies of the penalties incurred by reason of failure to comply with its rules and with few exceptions each case of course being handled on its own merits has received as a sufficient excuse for delays only occasions which caused delays that were beyond the control of th transportation companies Claims for refund of demurrage charges which claimants contend were improperly collected under the rules of the Commission are more easily disposed of as in such cases like claims for overcharge the Commission interprets its rule and applies same to the case in question and the railroad companies in nearly all instances promptly dispose of claims in line with the ruling of the Commission DEPOTS AND SIDE TRACKS Petitions for depots and sidetracks receive the same method of handling by the Commission While in these cases no special form of petition is required by the Commission it is desired always that same show all necessities for the facilities desired Each case of course stands upon its own merits and the conditions peculiar to each Some of the conditions concerning which the 14 Commission in every case desires information and which are investigated by It are as relates to petitions for depots the amount of business both freight and passenger done at the station where the facilities are desired the number of business firms manufactories stores and other business enterprises the population of the immediate community to be served including as well the surrounding country number of schools churches etc As relates to petitions for sidetracks so much of the above information as will tend to show the necessities for sidetrack facilities Upon receipt of such petitions the Commission serves copy upon the railway company at interest calling upon it to show cause if any it can why the petition should be granted as in this way cases are often satisfactorily disposed of without the necessity of petitioners being put to the expense of coming to Atlanta to attend a formal hearing before the Commission If the defendant company in its response declines to admit the reasonableness of petitioners request and to provide the desired facilities or if said company within a reasonable time fails to make response the petition is set down for formal hearing and all parties at Interest so notified If at the hearing no satisfactory agreement is reached and the petitioners and railroad company are disagreed as to the main points of contention the Commission requests the Committee of the Board on Depots and Sidetracks to visit the point at which facilities are desired for the purpose of making a personal inspection of the necessities therefor If upon consideration of the evidence and arguments submitted at the hearing and upon consideration of the report of the Committee of the Board when such report is made the Commission is of the opinion that the petition should be granted an order is issued in case of depots requiring the defendant company to file blue print of plans for such improvements as will meet the demands of the traveling and shipping public at the point at interest the usual time allowed by the Commission for filing blue prints being 15 days from date of the order If upon receipt of the blue print the Commission upon consideration thereof is of the opinion that the same contemplates adequate and comfortable accommodations blue print is approved and the railroad company ordered to construct depot in accordance therewith The usual time within which depots shall be constructed and opened for the use of the public being ninety days from the date of the order In case of sidetracks where the Commission is of the opinion after due investigation that the track should be constructed an order is issued requiring that same be put in upon the usual terms upon which the railroad company at interest constructs and maintains sidetracks the time allowed for the construction of sidetracks depending upon the conditions surrounding each case ns to the length of the track to be constructed amount of work necessary in grading and other conditions peculiar to each case As will be seen by reference to the statement of formal complaints and petitions filed with the Commission since its last annual report or since March 1st 1909 the Commission has been called upon to consider a large number of petitions for sidetracks and depots RATE OR TARIFF DEPARTMENT Effective March 1st 1908 the Commission appointed a rate expert as provided for by the Act of 1907 Since that date in addition to the work heretofore kept up the Commission has been endeavoring to complete a file of tariffs and while its tariff file is not yet as complete as will soon be the Commission is now prepared to furnish shippers all necessary information relative to rates and rules governing shipinents not only between points in Georgia but as to shipments moving into and out of the State Prior to the filling of this new position it was impracticable to keep up even an incomplete file of tariffs as no one in the office of the Commission familiar with this line of work had time to devote to it We consider this branch of the Commissions work one of the most important in all of its duties To be able to furnish the citizens of this State with information as to rates both between points in Georgia and from and to interstate points promptly upon request therefor and to give such inquirers reliable informationsuch as they can act upon with assurance of correctnessis one of the most important services that can be rendered to the shipping and traveling public especially so since the question of transportation charges has come to be such an important item in the conduct of every business So as has been stated it is the desire and the purpose of the Commission to spare no time and work in building up this department of the office to that point where it will be of great demand and prove an invaluable convenience and assistance to the shippers of this State The office has always been called upon for information as to current rates classifications rules etc but since the creation of this new office inquiries of this kind have very largely increased The duties of the Rate Expert however are by no means confined to the questions of rate quotations and furnishing information upon request but he is required to serve the Commission not only in matters of rates classifications and the like but in any other matters wherein his services may be required by the Commission He is required to attend all hearings involving rates either of railroads or other corporations subject to the control of the Commission and to furnish assistanc upon the consideration and determination of any and all questions coming before the Commission where his services are required When it is considered that every railroad company is required to publish and post at each of its agencies a schedule of rates applying therefrom and that fifty odd railway companies in Georgia without reference to the great number engaged in interstate business not operating in Georgia but which handle Georgia business and in which Georgia shippers are interested are daily making changes in their tariffs by issuing supplements thereto an idea can be had as to the importance and necessity if a tariff file is to be kept up to date of having a man in charge of this work Since the powers of the Interstate Commerce Commission have been increased by Congress and that Commission has promulgated rules covering every feature of interstate transportation it is absolutely necessary for the 16 Commission to have some one in the office familiar with rates and rate matters to keep up with such questions if the shippers of Georgia are to have access to accurate and full information of the kind and able to secure same promptly whenever desired The Commission from time to time has occasion upon its own initiative to investigate rates to and from particular localities and when complaints Involving rates either of railroad companies or other corporations subject to the jurisdiction of the Commission are received a detailed statement of all the facts in each case is desired by the Commission and same could not he had without the services of some one familiar with that kind of work i UOO IIOQ 1800 V eoq 300 TOO eoo oo 400 SO o 200 too r 0 rff j g Jv Li EIM6EUA8TH J lMAHifrrrA jlLr 1 IT MoRctW I iffij T STONiMf V 1041 1 1 V 111 tot I J J ftas A I ir f 11 fit In it m A il 1 uVAN9fJ IV5175 9 i I Covimuto t lSot Autovy V KIIS3Sigi2 w tf VSSTAmNT I SI588 We steppa Atlantic R RVc e nt RALof G a R V M CHATTANOOGA roSAVANNAH thus Atlanta WestPoi nt RRnwGeorgiaRR WEST PONTto AUGUSTA Atlantic Coast Line RailRoad CMTTAHOO CHEEMVERtoSAVAUNAH 5AMIHZ HORIZONTAL LZ40 TEET VERTICAL Union Pr t6 u 1 1 1 T i 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 I 1 1 1 cS b 1 A 4 es THomioX VTgV r1 v aK 010 8ANinr A 49 WO V U I I I I SCALE 1 INCH 48 if Atade under direction of the Rairoad Commission of Georgia b sAC CIVIL CNCINBt AHcmta 1308 ir K L V 1 1 1 t 5 V ft i r i 1 1 i 1 1 1 1 1 11 1 11 1 1 11 11 11 f 1 1 10SAa ss I a i 7V r V sy r A o V 5 it 1 v Y r A TV w 0i oosify u MS Aio y 4 4CS jf b i7Vr A e 5 2 Jf fi fi If 7 5 5 2 fi Si M 1 VT fThs map illustrates the splendid system ot interior navigation of the United States OPINIONS of SPECIAL ATTORNEY MEANING OF WORD ISSUE AS CONTAINED IN EIGHTH SECTION ACT APPROVED AUGUST 22 1907 Railroad Commission of Georgia Office of Special attorney to Commission Atlanta James K Hines Special Attorney October 18 1907 Railroad Commission of Georgia Atlanta Ga Gentlemen Your letter of tbe 5th instant requesting me to furnish you with an opinion relative to what is meant by the word issue as contained in the eighth section of the CandlerOverstreet Act came duly to hand This section provides that It shall be unlawful for any of said companies or corporations to issue stocks bonds notes or other evidences of debt payable more than twelve months after the date thereof except upon the approval of said Railroad Commission The term issue means the first delivery of the instrument complete in form to a person who takes it as holder The ordinary and common accepted meaning of to issue is to send forward to put into circulation to emit as to issue bank notes bonds etc 4 Words Phrases Judicially Defined p 3778 Folks vs Yost 54 Mo App 5559 State vs Pierce 35 Pac Rep 19 22 55 Kansas 521 Germania Savings Bank vs Village of Suspension Bridge 21 N Y Supp 93100 73 Hun 590 Brownell vs Town of Greenwich 22 N E 27 114 N Y 518 4 L R A 685 It means disposed of for value Potter vs Lanehard Fla 33 So 251259260 In contemplation of law bonds pledged by a corporation are just as much issued as when they are sold Atlantic T Co vs Woodbridge Coal Irri Co 79 Fed Rep 842847 Wm Firth Co vs S Car L T Co 122 Fed Rep 569 574 59 C C A 73 Pfister vs Milwaukee Elec Ry Co 53 N W 27 28 83 Wis 86 Nat Foundry Pipe Co vs Ocento W Co 52 Fed Rep 2936 Mowry vs Farmers L T Co 76 Fed Rep 38 48 22 C C A 52 20 In my opinion to issue bonds and stocks is to sell them or pledge them The issuing of bonds and stocks takes place when the maker first delivers them to a purchaser or pledgee for value There could be no doubt that the Commission has full authority and power to pass upon bonds and stocks which have not thus been issued prior to the passage of the CandlerOverstreet Act In cases arising prior to the passage of that Act the Commission has still the power and authority to investigate the issuing of these bonds If the bonds had been sold or contracted to be sold in other words if there was a complete contract of sale although the bonds had not been executed and delivered prior to the passage of this Act the Railroad Commission could not put a stop to the delivery of such bonds In other words if the maker had made a contract for their sale which a court of equity would compel the specific performance of then the Railroad Commission would be powerless to stop the transaction But in cases of this kind the Railroad Commission still has the power to look into any transaction for issuing of bonds to determine whether any such contract of sale has been made which would be binding between the parties and which a court of equity would decree to be specifically performed In transactions prior to the passage of the CandlerOverstreet Act the Commission would still have the power and authority to interdict the delivery and disposition of any bonds or stocks which were not issued for a valuable consideration or which were fraudulently issued In other words the Commission could interdict the delivery of bonds or stocks which represent only water and nothir g of real value I believe the above covers and possibly more than covers the opinion asked for in your letter Yours truly James K Hines Attorney for Railroad Commission DAMAGE RESULTING TO SHIPPER BY REASON DELAYED TRANSPORTATION Railroad Commission oe Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney r i October 24 1907 Railroad Commission of Georgia Atlanta Ga Gentlemen In re T H Tabor I have your letter of the 2d instant enclosing letter of Mr T H Tabor and asking me to furnish you with whatever authorities covering the points raised that I can give 1 Where the carrier fails to deliver goods within a reasonable time ordina 21 rily the measure of damages is the difference between the market value at the time and place they should have been delivered and the time of actual delivery Code Sec 3319 75 Ga 745 81 Ga 602 85 Ga 497 2 Where the carrier is notified either expressly by nature of the article or by actual notice of any special circumstances which make delay or loss of particular moment to the consignee the carrier is liable to respond in damages for all injuries which he might reasonably have foreseen would have occurred but unless such notice is given he is not liable further than is indicated above 2 A E Ency L p 907 Note 7 I C It R vs Cobb 64 111 128 V M R R vsRagsdale 46 Miss 458 Gee vs L Y R R Co 6 H M 211 T W N W R R Co vs Lockhart 71 111 627 King vs Woodibridge 34 Yt 565 C P Q R R Co vs Hale 83 111 360 S T W Ry Co vs Pritchard 77 Ga 412 3 Mr Tabor will have to use all reasonable efforts to make these books bring all he can He could sell at auction if that were the best way to make them bring the most or he could sell at private sale He can not abandon the books and leave them subject to the order of the railroad 4 If the railroad will not settle with him his only redress will be to bring suit against the company in the courts I return herein the letter of Mr Tabor Yours truly James K Hines Attorney for Railroad Commission FLAG STATIONS SHIPMENTS TO Railroad Commission op Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 24 1907 Railroad Commission of Georgia Atlanta Ga Gentlemen In re rights of shippers of freight to flag stations Your letters of the 7th and 22d instants in which you propound the following question came duly to hand Hlas the railroad the right to put off prepaid freight at the flag station in the rain and not pay damage that occurs to the stuff when it is raining at the time it is being put off The facts you give are meager Ordinarily it is the duty of the railroad company to carry freight to its destination notify the shipper and store the same safely until it is delivered to the consignee If the railroad undertakes to ship freight to a flag station and it is not known to the shipper that the company has no agent or warehouse at such station to receive 22 it the railroad company would be liable for any damages resulting from discharging and leaving the freight in the rain The railroad companies may be excused from a strict compliance with these legal requirements as to the manner and other circumstances of delivery by an established and known usage of their own with reference to which the contract of carriage must be supposed to have been entered in as where goods are sent to a way or flag station at which it was known to the shipper the road had no warehouse but had been in the habit of putting off the goods upon the platform for consignees who were expected to be there present to receive them or to come for them immediately upon their arrival If the shipper knew that the railroad company had no agent or warehouse at the flag station and that shippers were to be there to receive their goods then the railroad company would have the right to discharge such goods at such station and the company would be protected from liability for any damages for such goods by reason of their being put off in the rain 2 Mathews Dickson Hutcheson on Carriers Sec 710 McMasters vs Railroad 69 Pa St 374 Pindell vs R R Company 34 Mo App 675 57 Cal 462 66 Ala 167 58 Ala 95 66 Ala 167 89 Ala 534 The usage and custom of the railroad company in delivering freight at flag stations if universal and general or if known to the shipper will control on the subject of whether the shipper will be entitled to damages or not Yours truly James K Hines Attorney for Railroad Commission BOND ISSUES BY GEORGIA CORPORATIONS OWNING PROPERTY OUTSIDE THE STATE OF GEORGIA Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney October 26 1907 Railboad Commission of Geobgia Atlanta Ga Gentlemen Your favor of the 19th instant enclosingletter from J H Merrill Esq in reference to issuing of bonds on a railroad partly built In Georgia and partly built in Florida came duly to hand In my opinion you have jurisdiction and supervision over the issuing of these bonds The company being a Georgia company it is subject to all the laws affecting Georgia corporations I think you have power to regulate the entire issue of bonds which this company desires to make and under the Act 23 of August 22 1907 increasing your powers it seems to me it would be your duty to do so I return herein the letter of Mr Merrill Yours truly James K Hines Attorney for Railroad Commission WHEN INTERSTATE SHIPMENTS BECOME SUBJECT TO JURISDICTION OF THIS COMMISSION Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 4 1907 Railroad Commission of Georgia Atlanta Ga Gentlemen You ask my opinion on this question When does a shipment of goods in carload lots from another State into this State cease to be interstate commerce and become subject tothe rules and orders of the Commission When the goods reach their destination in this State and are delivered to the consignee or the delivering carrier for a new consideration such as a switching charge after the goods reach their destination undertakes to take them from one point at destination and place them at another place they cease to be interstate commerce and become subject to the orders and rules of the Railroad Commission of Georgia Rhodes vs Iowa 170 U S 412 McNeill vs So Ry Co 202 U S 543 Gulf C St F Ry Co vs Texas 204 U S 403 If switching was a part of the initial contract of carriage and the switching charge was a part of the charges of transportation embraced in said contract the shipment would still be interstate commerce and would not cease to be such until delivery to the consignee but when the goods reach destination and the delivering carrier then undertakes to switch the cars for a switching charge which is additional to the charges for transportation to destination the goods cease to be subject to the protection of the interstate clause of the Constitution of the United States James K Hines Attorney for Railroad Commission 24 REQUEST OF SHIPPER FOR INFORMATION AS TO WHERE TO BRING SUIT Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 21 1907 Railroad Commission of Georgia i Atlanta Ga Gentlemen Your letter of the 16th instant enclosing letter from Mr J C Kelly came duly to hand It seems to me that this matter ought to be determined by Mr Kellys attorney and not by you The matter of advising litigants as to what jurisdiction in which to sue does not properly fall within the duties of the Railroad Commission of Georgia As you request that I let you hear from me with full information concerning this inquiry I will give you my views The nature of Mr Kellys claim is not stated otherwise than being designated as a penalty claim Assuming that it is a claim falling either under section 1 or 2 of the Steed Act Georgia Laws 1905 p 120 where should an action for the recovery of such claim be brought Unless the right to sue elsewhere is specially given vby statute suits against railroad companies in this State should be brought in the counties of their principal offices C of Ga R R Co vs State 104 Ga 835 McCall vs C of Ga Ry 120 Ga 602 Actions for injuries to person or property shall be brought in the county where the cause of action originated and suits upon contracts shall be brought in the county where the contract is made or is to be performed Code Section 2334 Mr Kellys claim does not come within either one of these classes but l think it may fall within another provision of law If any railroad company doing business in this State shall in violation of any rule or regulation provided by the Railroad Commission inflict any wrong or injury on any person such person shall have right of action and recover for such wrong or injury in the county where the same was done in any court having jurisdiction Code Sec 2197 121 Ga 54 This is a remedial statute and should be construed liberally Giving it such construction it seems to me that Glascock superior court may have jurisdiction of the claim of Mr Kelly against the railroad company However this matter is not free from doubt and section 2197 of the Code will have to be judicially construed before all doubt is removed Suit will lie In Richmond county Yours truly James K Hines Attorney for Railroad Commission 25 AUTHORITY OF COMMISSION TO EXAMINE BOOKS OF OCEAN STEAMSHIP COMPANY Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 21 1907 Railroad Commission of Georgia Atlanta Ga Gentlemen Your letter of the 18th instant asking my opinion upon your power to examine the books and records of the Ocean Steamship Company and the New England and Savannah Steamship Company came duly to hand My information is that the Ocean Steamship Company and the New England Savannah Steamship Company are engaged in interstate commerce exclusively Assuming this to be true I do not believe that you have the power to examine or require the production of the books of these companies Under existing laws you have no supervision over common carriers engaged exclusively in interstate commerce By section 6 of the Act of August 22 1907 enlarging your powers you are authorized to examine all books contracts records and documents of any person or corporation subject to their your supervision and compel the production thereof As you have no supervision over these two companies you have no power to examine their books contracts records and documents and can not compel the production thereof Yours truly James K Hines Attorney for Railroad Commission WHAT CONSTITUTES PERSONAE BAGGAGE Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney January 5 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I have copy of your letter of the 25th ult to Mr G C Stephens with the note thereto attached asking my opinion upon the question raised by Mr Stephens in his letter to you of the 18th ult Is a saddle baggage That depends very much upon whether the judge Vr juror who is to decide this question is a horseman A horseback rider acting as judge or juror would 26 hold that a saddle is baggage What would be baggage for one person strange as it may seem is not baggage for another person What is sauce for the goose is not always sauce for the gander It has been held that one pistol is baggage and that two pistols are not baggage It has been held that fishing tackle is baggage the judge delivering this opinion doubtless being a fisherman It has been held that cloth not manufactured into clothing but intended to be so manufactured for the use of a traveler is baggage It has been held that bicycles are not baggage It has been held that a pointer or setter dog is not baggage Our Supreme Court has given as clear a definition of what is baggage as I have been able to find It is as follows By baggage is understood certain articles of necessity or personal convenience as are usually carried by passengers for their personal use What articles are usually carried by passengers is a question to be left to the jury under the direction of the court upon the consideration of the condition in life of the traveler his habits vocation and tastes the length of his journey and whether he travels alone or with his family and of the usage of the time and place and of the circumstances of each cause Dibble vs Brown 12 Ga 217 If a saddle falls within the above distinction it is baggage If it does not it is not baggage Are saddles usually carried by passengers for their personal use or convenience Not being a horseman to any great extent I am inclined to hold that a saddle is not such an article as is usually carried by a passenger for his personal use or convenience and that it is not baggage in the sense of our law I return herein the letter of Mr Stephens See also opinion dated May 18 1908 Yours truly James K Hines Attorney for Railroad Commission PENALTY DEMURRAGE CLAIM GROWING OUT OF AN INTERSTATE SHIPMENT Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney March 11 1908 Railboad Commission of Geobgia Atlanta Ga Gentlemen W E Dunn Lumber Company vs Central of Georgia Railway Co I received your letter of February 8th in reference to the claim of plaintiff for demurrage against the Central of Georgia Railway Company In order to 27 get the exact facts I have taken this matter up with the W E Dunn Lumber Company On December 7 1907 Boland Brothers shipped by the Central of Georgia Railway Company from Dozier Alabama a carload of lumber to the W E Dunn Lumber Company Atlanta Ga The lumber was originally loaded in car Central of Georgia No 11020 and eh route it was transferred to car Central of Georgia No 3568 This car of lumber arrived in Atlanta December 19 1907 and the Dunn Lumber Company paid the freight at the same time giving the orders for the car to be delivered to the Phenix Planing Mill The Central of Georgia Railway Company placed car Central of Georgia No 3568 on the proper sidetrack for delivery to the Phenix Planing Mill In notifying the W E Dunn Lumber Company the railroad company gave notice of the arrival of Central of Georgia car No 11020 and did not give notice of the arrival of car Central of Georgia No 3568 By reason of this mistake the Phenix Planing Mill the consignee of the W E Dunn Lumber Company did not get this carload of lumber until January 2 1908 I am of the opinion that when this car of lumber although originally an interstate shipment reached Atlanta and the consignee paid the freight giving an order for its delivery at the proper sidetrack to the Phenix Planing Mill it ceased to be an interstate shipment became an intrastate shipment and was subject to the jurisdiction of this Commission Rule one of storage rules requires the delivering line within twentyfour hours after arrival of freight at destination to give to consignee thereof legal notice of such arrival For failure to give such legal notice of arrival the railroad company at fault shall pay to the consignee so offended the sum of one dollar a day on carload shipments for each day during which the terms of this rule are not complied with As the railway company in this case gave notice of the arrival of a different car from that in which this lumber was shipped it amounted to no notice and it seems to me that the railroad company is liable under this rule to a penalty The failure of the railroad company to comply with this rule subjects it to a suit for penalty Yours truly James K Hines Attorney for Railroad Commission I 8 FKEE TELEPHONE SERVICE TO MUNICIPALITIES Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney April 14 1908 Railboad Commission of Geobgia Atlanta Ga Gentlemen Your letter of the 30th ultimo enclosing letter from Hon J L Hand of the 27th ultimo touching the business license fee for telephone companies in the town of Pelham came duly to hand My providential absence from the city has prevented an earlier reply General Order No 10 prohibits all free telephone service but provides that the Commission will upon application and propet showing made authorize free service for public purposes according to the facts and lawfulness of the same in each particular instance The ordinance copied in the letter of Mr Hand imposes a business tax upon each telephone exchange doing business in the town of Pelham and owning and controlling less than two hundred miles of line of 2500 and it has this provision And also free municipal telephone service within the corporate limits including four free telephones located first in the office of the mayor second in the office of the clerk third in the office of the chairman of the Water and Light Commission fourth at the water and light plant Taking the literal sense of this ordinance it provides for free municipal telephone service within the corporate limits of Pelham for everybody including the four phones specially named Of course this would be a violation of general order No 10 This ordinance provides an occupation tax of 2500 upon telephone companies and also requires four free phones It will hardly do to say that this service is a part of the business license fee of the telephone companies for it does not say so Besides the town of Pelham can hardly collect its business license fees in services This ordinance expressly provides for free municipal telephone service within the corporate limits of Pelham If we accept the face value of this language such service is prohibited by general order No 10 Often however the word free is used and it does not mean without consideration It is often used when there is an exchange of services Tax ordinances are strictly construed and as the town of Pelham has no authority to collect its taxes in services except its street taxes a construction will not be put upon this ordinance which makes this telephone service a part of the business tax of the telephone company So construing this ordinance it provides for free telephone service for public purpose and must receive the approval of this Commission I herein return you the letter of Hon J L Hand Yours truly James K Hines Attorney for Railroad Commission 29 TRANSPORTATION OF POLICEMEN AND FIREMEN BY STREET RAILROAD IN COLUMBUS GEORGIA Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney April 15 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen In re Contract between Columbus Railway Company and City of Columbus in reference to fares of policemen and firemen The Railroad Commission of Georgia shall make such just and reasonable rules and regulations as may be necessary for preventing unjust discrimination in the transportation of freight and passengers on the railroads in this State Code section 2189 All unjust discrimination in rates or charges for the transportation of passengers is forbidden Code section 2188 The letter and spirit of our laws require impartiality by railroads in their charges for the transportation of passengers In view of this law can the Railroad Commission approve a contract which provides that a street railway company shall charge policemen and firemen of the city of Columbus less than other passengers Why should a street railway company permit policemen and firemen to ride cheaper than other classes of people It is granted that they perform important public services Policemen guard the lives and property of the citizens of our towns and cities Firemen protect the lives and property of our citizens against fire and are engaged in an exceedingly hazardous business But these considerations do not entitle them to any special privileges from street railways The teachers of the public schools perfprm public services of the highest importance to the commonwealth Why grant these special privileges to policemen and firemen and deny them to the public school teachers Municipal laborers perform valuable services to our municipalities Why should they not be allowed to ride on the street railways free or for less than other people If this right is granted to one class of public servants why should it not be granted to all classes of public servants A railway company can not grant lower rates to prospective settlers with the view of building up the country through which it runs Smith vs Northern Pacific R Co 1 Int C Report 611 Persons belonging to the class known as commercial travelers are not permitted to ride over railroads at lower rates than are paid by other persons Whatever reasonable rates commercial travelers are made to pay other trav 30 elers may be made to pay To charge one more than the other is unjust discrimination Larrison vs Chicago Grand Trunk Railway Co 1 I C Reports 369 Party rates and passenger carload rates lower than contemporaneous rates for single passengers constitute discrimination between persons entitled to transportation at legal rates and are therefore illegal In the matter of Passenger Tariffs 2 I C Reports 649 Pittsburg C St Louis Ry Co vs B O Ry Co 3 I C C Rep 465 Granting the members of the city councils and the clerks thereof on account of their official position free transportation as passengers is unlawful Harvey vs L N R R Co 3 I C Rep 795 The same principle will apply in granting lower rates to members of the city council than to other persons Railroads can not make any discrimination in favor of big bugs Granting free passes to gentlemen long eminent in public services high officers of the State prominent officials of the United States members of the legislative railroad committees and such like persons is illegal In re Carriage of persons free or at reduced rates by Boston Main R R Co 3 I C Rep 717 In the transportation of passengers carriers are performing a public duty under franchises granted by the State and are subject to the rules of law which require absolute impartiality to all when the circumstances and conditions are the same Beall Wymans Railroad Rate Regulation Sec 767 In my opinion this contract between the Columbus Railway Company and the City of Columbus is in violation of the law of the land and the rule of the Commission prohibiting unjust discrimination and charges for the transportation of passengers Under our law all must be fed out of the same spoon We can not have one spoon for policemen and another for municipal laborers We can not have one spoon for firemen and another for public school teachers All must be treated alike James K Hines Attorney for Railroad Commission N 31 W AUTHORITY OF COMMISSION TO REGULATE PASSENGER TRAIN SCHEDULES Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney April 30 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen In re Authority of Railroad Commission to compel the Wadley Southern Railway Company to make connections and restore old schedules By section 6 of the Act of August 22 1907 it is provided that the Commission is authorized to perform the duties imposed upon it of its own initiative and to require all common carriers and other publicservice companies under their supervision to establish and maintain such public services and facilities as may be reasonable and just either by general rules or by special orders in particular cases By section 7 of the Act of August 22 1907 it is provided that the Commission shall have power and authority to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community Under these provisions the Railroad Commission of Georgia can require all common carriers to establish and maintain such public service and facilities as may be reasonable and just and it has the power and authority to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community This it can do by general rules or special orders in particular cases This legislation is constitutional In dealing with the power of the North Carolina Corporation Commission to compel a railroad to make connections with other roads and to furnish additional trains the Supreme Court of the United States in the recent case of the Atlantic Coast Line Railroad Company vs North Carolina Corporation Commission 206 U S 1 held that railroad companies from the public nature of the business by them carried on and the interest which the public have in their operation are subject as to their State business to State regulation which may be exerted either direct by the legislative authority or by administrative bodies endued with power to that end In this case the court further held that it is within the power of a State railroad commission to compel a railroad company to make reasonable connections with other roads so as to promote the convenience of the traveling pulv lie and an order requiring the running of an additional train for that purpose if otherwise just and reasonable is not inherently unjust and unreasonable because the running of such train will impose some pecuniary loss on the company If a given service or schedule was such as to amount to confiscation if it would prevent the railroad company from earning a fair return on the value 32 of its property then the order of the Railroad Commission directing such service or schedule would be in violation of the fourteenth amendment to the Constitution of the United States Otherwise the Commission has the authority to prescribe schedules for and to requir sufficient and proper passenger service from the Wadley Southern Railway Company and if it should be necessary to this end can require the Company to restore the former passenger schedule James K Hines Attorney for Railroad Commission LIABILITY OF CARRIERS FOR SHIPMENTS REMAINING IN DEPOTS Railboad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney May 1 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I am just in receipt of your letter of the 20th instant enclosing letter from the Gailey Drug Company of Conyers Georgia As the Railroad Commission is without jurisdiction in this matter it can not grant any relief to the Gailey Drug Company and an opinion from the Commission on the liability of the express company to the drug company would be of no practical avail Whether the express company is liable to the Gailey Drug Company depends upon the common law governing the liability of carriers When this package arrived and the drug company was notified of this fact then the liability of the express company as a common carrier ceased and it was only liable thereafter as a warehouseman The liability of the warehouseman depends upon whether it exercised ordinary care and diligence in keeping this package If it exercised such care it is not liable If it did not exercise such care it is liable I enclose herein letter of the Gailey Drug Co Yours truly James K Hines Attorney for Railroad Commission 33 LIABILITY OF CARRIERS FOR SHIPMENTS DESTROYED BY FIRE AT DESTINATION Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines 8pedal Attorney May 5 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen Your letter of the 30th ultimo enclosing letter from Mr A A Joiner assistant cashier of Messrs J S Byron Sons came duly to hand While it does not come within the province and duties of the Commission to furnish opinions of the kind requested inasmuch as this claim will probably come into the courts and inasmuch as the Commission has no jurisdiction over it I will briefly state my opinion out of my high regard for this firm Our Supreme Court has adopted a narrower view upon the subject of the liability of a common carrier than is held in some other jurisdictions The rule of our Supreme Court is this Where goods are shipped by rail and arrive at destination within the usual time required for transportation and are then deposited by the railroad company in a place of safety and held ready to be delivered to the consignee on demand the companys liability as a common carrier in the absence of a contrary custom of trade as to delivery ceases and its liability as a warehouseman begins See Allman vs Ga R R Bkg Co 95 Ga 775 Georgia Alabama Ry vs Pound 111 Ga 6 Under this rule of the Supreme Court when this car of cottonseed reached Byron and was put on the sidetrack ready to be delivered to the consignee on demand the liability of the railroad company as a carrier ceased In some other jurisdictions the rule is this A carriers liability does not end upon the arrival of the goods at their destination but continues until they have been accepted by or tendered to the consignee or have been placed in the usual and convenient place for delivery and the consignee has had reasonable time to remove them See 7 Current Law p 539 Bowden vs A C L R Co A L A 41 So 294 Southern R R Company vs German National Bank 2 S W Ark 522 So far as I am advised our Supreme Court has never7 considered the question of whether a consignee should not have a reasonable time in which to remove goods after their arrival at destination before the liability of the carrier ceases Upon proper presentation our Supreme Court might enlarge the rule as above given and adopt the more liberal rule last stated If the Supreme Court adheres to the rule above stated then the liability of the railroad company for this car ceased when it arrived at destination and 34 v was placed on the sidetrack in a place of safety and held ready to be delivered to the consignee on demand Should the Supreme Court adopt the more liberal rule above stated then the question would turn upon whether the consignees had a reasonable time in which to remove these seed after the car was placed upon the sidetrack for that purpose If the railroad company is not liable as a common carrier then the question would arise whether It was liable as a warehouseman That depends upon whether the railroad company exercised ordinary care and diligence in taking care of this carload of seed If the railroad company exercised ordinary care and diligence in protecting this carload of seed then it would not be liable as a warehouseman As the facts touching the origin of the fire are not given I can not give my opinion upon this subject If the railroad company was in no way responsible for the origin of the fire and exercised ordinary care and diligence in taking care of and protecting the carload of seed from this fire then it would not be liable Otherwise it would be liable Yours truly James K Hines Attorney for Railroad Commission AUTHORITY OF COMMISSION TO REQUIRE PHYSICAL CONNECTION BETWEEN TELEPHONE LINES Railboad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney Railroad Commission of Georgia Atlanta Ga May 7 1908 Gentlemen Your letter of the 16th ultimo enclosing a letter from the Moultrie Telephone Company and of the 9th ultimo came duly to hand This letter raises this question Has the Railroad Commission of Georgia the power and authority to compel telephone companies to make physical connections and to interchange messages This is a big question The Act of August 22 1907 enlarging the powers of the Railroad Commission of Georgia is entitled an Act to increase the membership of the Railroad Commission of Georgia to extend its powers and jurisdiction over telephone or telegraph companies or corporations or persons owning leasing or operating any public telephone service in this State By section 6 of this Act it is provided that the Railroad Commission of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law and shall have a general supervision of all common carriers telephone and telegraph corporations or companies within this State It seems to have been the purpose of the Legislature to confer upon the Railroad Commission of Georgia the same power and authority over telephone com panies which had been previously conferred upon it by law over railroad companies This is the general purpose and scheme of the Candler Act Prior to the passage of the Candler Act there was no power conferred upon the Railroad Commission to compel the physical connection of railroads This could be done under section 2213 of the Code but no authority is thereby conferred upon the Railroad Commission to compel such connections Ry section 7 of the Candler Act the Railroad Commission has power and authority when in its judgment practicable and to the interest of the public to order and compel the making and operation of physical connection between the lines of railroad crossing or intersecting each other As the Legislature has conferred this power upon the Railroad Commission as to railroads only and has not given the Railroad Commission the same power over other public utility companies it would seem that the Legislature did not intend to confer upon the Railroad Commission the power to make physical connections between the lines of other companies such as telephones and telegraph companies So it is doubtful whether the Railroad Commission has the power to compel the physical connection of telephone and telegraph companies By section 6 of the Candler Act the Railroad Commission has general supervision of telephone companies and is authorized to require all public service companies under their supervision to establish and maintain such service and facilities as may be reasonable and just either by general rules or by speciaL orders in particular cases This power is very broad It authorizes the Commission to require all common carriers and other publicservice companies under its supervision to establish and maintain such public service and facilities as may be reasonable and just If the lines of two telephone companies had the same terminus or connection and the public service required that they should interchange business under this broad power the Railroad Commission has power to require such service if it be reasonable and just If the public service demands the interchange of business between two connecting telephone companies and if such service was reasonable and just then the Commission is authorized to require the establishment and maintenance of such public service Yours truly James K Hines Attorney for Railroad Commission se STOCK AND BOND ISSUES BY LUMBER COMPANIES OWNING RAILROADS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney May 9 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 13th ultimo relating to the issuing of securities by the Perkins Lumber Company and enclosing your file on this subject including a letter from Judge J R Lamar and the petition of this company I do not think that the CandlerOverstreet Act embraces the issuance of stocks and bonds by the Perkins Lumber Company The original Act creating the Railroad Commission refers to railroad corporations organized and doing business in this State under any Act of incorporation or general ActR of this State or under the laws of any other State doing business in this State Under this original Act the Coifimissioners were authorized to make reasonable and just rates of freight and passenger tariff to be observed by all railroad companies doing business in this State on th railroads thereof Throughout the original Act the jurisdiction of the Commission was confined to railroad corporations or companies The CandlerOverstreet Act extended the authority of the Railroad Commission over certain other companies corporations and persons but lumber companies are not embraced in any of the classes over which this extended authority of the Railroad Commission is given So I reach the conclusion that under the case of Ellington vs Beaver Dam Lumber Company 93 Georgia 53 which was cited by Judge Lamar this Commission has no jurisdiction over the issuing of securities by the Perkins Lumber Company Yours truly James K Hines Attorney for Railroad Commission 37 WHAT CONSTITUTES PERSONAL BAGGAGE Raileoad Commission of Geoegia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney May 18 1908 p attToah Commission of Geoegia Atlanta Ga Gentlemen You wish my opinion on this question to wit Is an empty trunk baggage This question arises upon a complaint to you that some of the railroads are refusing to check empty trunks In a former opinion dealing with the question whether a saddle was baggage I gave a general definition of baggage This general rule is that all articles which are usually carried by travelers for their personal use and comfort and suitable to their situation in life are baggage What is baggage is often a mixed question of law and fact It is affected by the sex of the passenger What is baggage for a man is often not baggage for a woman and what is baggage for a woman is frequently not baggagefor a man For instance a razor can well form a part of the baggage of a man but it would be hard for a spinster to account for the possession of a razor as baggage A wig can well constitute a part of the baggage of a bachelor but it would be difficult for him to justify the carriage of a rat as a piece of his baggage and yet every maiden may take a rat as a part of her baggage At most a trunk is only a receptacle for baggage Generally it must contain baggage to pass muster as baggage Ordinarily an empty trunk is not baggage for the reason that travelers do not usually carry empty trunks for their personal convenience and comfort Yet under some circumstances an empty trunk may be baggage If carried for the personal use and convenience of the traveler and not for the purpose of trade and not as freight it would be baggage For instance a traveler might be at Boston and his duds at a laundry in Troy and the traveler might wish to take his trunk from Boston to Troy to get his clothing at the latter place to be used in a journey In such a case the empty trunk might be deemed baggage To answer your question definitely we would have to have the facts of each particular case Without such facts I can give the general rule Which is if an empty trunk is carried for the personal use and comfort of the traveler and becomes his station in life it would be baggage If it was carried for trade or other purpose than the personal use and convenience of the passenger it would not be baggage See also opinion dated January 5 1908 James K Hines Attorney for Railroad Commission 38 RIGHT OF CARRIERS TO REQUIRE MARKING AND PACKING OF SHIPMENTS Railroad Commission of Geoegia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney June 6 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 26th ultimo enclosing letter of Messrs Talmadge Brothers Company of the 25th ultimo in which you inquire whether or not it is the legal right of railway companies to demand that all shipments and each article composing a shipment where the same are not strapped or wired together be legibly marked Under our law the common carrier is bound to receive all goods that he is able and accustomed to carry upon the compliance with such reasonable regulations as he may adopt for his own safety and the benefit of the public Code section 2278 So Ry Co vs Watson 110 Ga 688 As the carrier has the right under our law to make such reasonable regulations as he may adopt for his own safety and the benefit of the public and as he may require compliance with such reasonable regulations before he receives goods for shipments the only question presented is whether a regulation requiring that goods shipped shall be legibly marked is a reasonable regulation for the safety of the carrier and the benefit of the public It seems to me that such a regulation is reasonable It protects the carrier and is for his own safety and it will benefit the public in preventing the loss mingling w miscarriage of goods In cases like the shipment of meal and flour in less than carload lots this may impose additional expense upon shippers but in such cases if the regulation is just and reasonable shippers will have to comply with them If it is reasonable to require the package marked with the name of the consignee the name of the station town or city and the name of the State to which goods are shipped then the railway companies have a right to make such a regulation It is probably within the jurisdiction of the Commission to revise such a regulation if the same can be done for the mutual benefit of the carrier and the public I return you herewith the file in this matter Yours truly James K Hines Attorney for Railroad Commission CLAIMS FOR LOST SHIPMENTS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney June 6 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 30th ultimo enclosing letter of Mr J L Singer of the 21st ultimo I answer the questions of Mr Singer as follows 1 If a common carrier fails to deliver goods according to contract and they are lost he is liable for the value of the goods at the place of destination at which he engaged to deliver them deducting freight Cooper vs Young 22 Ga 271 Taylor Co vs Collier 26 Ga 122 2 I think that the railroad company can reasonably require the original Invoice to be attached to the claim for damages for loss of goods While it would not furnish a measure of damages it would throw light upon the destination value of the goods lost 3 Where a judgment is obtained against the receivers of a railroad company it can not be forced in the usual way but application would have to be made to the court appointing the receivers for an order to the receivers to pay the judgment f I herein return the letter of Mr Singer Yours truly James K Hines Attorney for Railroad Commission APPLICATION OF STORAGE RULES TO INTERSTATE EXPRESS SHIPMENTS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney June 8 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 26th ultimo enclosing letter of Mr B H Pope of the 25th ultimo in which you wish my opinion as to the right of the Commission to apply its storage rules to the shipment of goods from without the limits of this State to a point within this State by express A shipment of goods never ceases to be a transaction of interstate commerce from its inception in one State until the delivery of goods at their prescribed destination in the other This seems to be the rule as promulgated by the latest decisions of the Supreme Court of the United States A typical case on that point is that of McNeal vs Southern Railway Company 202 U S 543 My opinion is that your storage rules do not apply to such a shipment Your rules apply to intrastate shipments alone A shipment from another State into this State does not cease to be an interstate shipment until delivery I enclose you herein the file in this matter Yours truly James K Hines Attorney for Railroad Commission RIGHT OF CONSIGNEES TO REFUSE MISROUTED SHIPMENTS Railroad Commission of Geobgia Office of Spcial Attobney to Commission Atlanta James K Hines Spcial Attorney June 19 1908 Railboad Commission of Georgia Atlanta Ga Gentlemen I have the letter of your chairman of this date enclosing copy of telegram from Mr J W Dillon in which he wishes to know if he has the right to refuse a shipment which reaches his place over an unauthorized route When a carrier accepts goods to be carried with the direction on the part of the owner to carry them by a particular route he is bound to obey such direction and if he attempts to perform his contract in a manner different from that directed he becomes an insurer of the goods shipped Second Matthews Dickinsons Hutchinsons Carriers Sec 612 If a common carrier deviates from the regular route and the goods are lost it is conversion Phillips vs Brigham Kelly Co 26 Ga 617 Georgia Railroad vs Cole 68 Ga 623 If notwithstanding an unauthorized deviation from route the goods arrive on time at destination the consignee can not on account of such unauthorized deviation refuse to receive them and claim a conversion by the first carrier In such a case the consignee can recover from the carrier such damages as are the approximate result of the deviation Thus where in consequence of a deviation the consignee fails to receive prompt notice of the arrival of the goods their market value having in the meantime diminished it is held that he is entitled to recover from the carrier for such depreciation in value Second Matthews Dickinsons Hutchinsons Carriers Sec 621 If goods be delayed by such deviation and damage results the first road is responsible therefor Georgia Railroad vs Cole 68 Ga 623 My opinion is that Mr Dillon would not be authorized to refuse to receive these goods because of deviation of carriage from instructions but would be 41 entitled to recover any damage sustained by him by reason of such violation of shipping instructions In any event he would be entitled to recover nominal damages for a breach of contract of carriage although he could not show any such damage Yours very truly James K Hikes Attorney for Railroad Commission CLOSING TICKET OFFICES BEFORE ARRIVAL OF TRAINS Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney July 13 1908 Railboad Commission of Geobgia Atlanta Ga Gentlemen Your letter of the 2nd instant enclosing copy of letter from My John D Pope in which he wishes to know what is the legal course for a ticket agent to pursue when a passenger asks for a ticket after the arrival of a train at a way station canie duly to hand It is the duty of railroad companies to keep their ticket offices open for the sale of tickets for a reasonable time before the departure of trains from all stations and it is the duty of passengers to use proper diligence to supply themselves with tickets before getting upon trains Central R R Banking Co vs Strickland 90 Georgia 562 Under a former rule of this Commission it was provided that offices at way stations might be closed one minute before the arrival of trains and this rule was approved by our Supreme Court Railroad companies have a right to make a reasonable rule upon this subject and in my opinion a rule providing that passengers shall purchase their tickets before the arrival of trains would be reasonable at way stations where agents have other duties to perform In order to prevent friction between the public and railroad companies it would be well I think for the Commission to promulgate a rule providing that passengers shall purchase their tickets before the arrival of trains at way stations Such a rule would be just and reasonable both towards the railroad companies and the traveling public Yours truly James K Hines Attorney for Railroad Commission JURISDICTION OF COMMISSION OVER COTTON COMPRESS COMPANIES Railboad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney July 18 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen In response to your request for my opinion upon the question What are your jurisdiction and powers over cotton compress companies I submit what follows as my opinion on that subject This involves the construction of so much of the Act of August 22nd 1907 which enlarged the jurisdiction and powers of the Railroad Commission as is applicable to this particular subject The title of this Act is An Act to increase the membership of the Railroad Commission of Georgia to extend its powers and jurisdidetion over docks and wharves terminal companies cotton compress companies corporations or persons owning leasing or operating railway terminals or terminal stations over telephone or telegraphic companies or corporations or persons owning leasing or operating any public telephone service in this State and over street railroads and street railroad corporations companies or persons owning leasing or operating street railoads in this State over gas and electric light and power companies corporations or persons owning leasing or operating public gas plants electric light and power plants furnishing power to the public etc Section 5 of this Act provides that the powers and duties heretofore conferred by law upon the Railroad Commission are hereby extended and enlarged so that its authority and control shall extend to street railroads and street railroad corporations companies or persons owning leasing or operating street railroads in this State over docks and wharves and corporations companies or persons owning leasing or operating the same over terminals or terminal stations and corporations companies or persons owning leasing or operating such cotton compress corporations or associations and persons or companies owning leasing or operating the same etc Clearly by this Act the powers and duties which before its passage had been conferred by law upon the Railroad Commission were extended to cotton compress corporations and to all persons owning leasing or operating cotton compresses Now what were the powers and duties which had been conferred by law upon the Railroad Commission prior to August 22nd 1907 1 The Commissioners were required to make reasonable and just freight and passenger rates to be observed by all railroad companies doing business in this State 2 They were required to 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 delivery of freight 43 3 They were required to make such just and reasonable rules and regulations as may be necessary for preventing unjust discriminations in the transportation of freight and passengers on the railroads of this State 4 They were required 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 freights and cars on each of said railroads These duties and powers were embraced in the original act creating the Railroad Commission They were of force on August 22nd 1907 and are found in the Civil Code Secs 2189 and 2190 This Commision has the power and it is its duty to make reasonable and just rates to be observed by all cotton compress companies doing business in this State for compressing cotton to make reasonable and just rules and regulations to be observed by all cotton compress companies doing business in this State as to charges for the receiving handling and delivery of cotton to make such just and reasonable rules and regulations as may be necessary for preventing unjust discriminations in the compressing handling and transportation of cotton and to make for each cotton compress doing business in this State as soon as practicable a schedule of just and reasonable rates of charges for compressing and handling cotton If the Railroad Commission has not got these powers over cotton compress companies and persons owning leasing or operating cotton compresses then it is difficult to perceive that the Commission has any jurisdiction and supervision over cotton compress companies If the Commission cant prescribe rates for and prevent unjust discriminiations by cotton compress companies what has it to do with these companies If the Commission has not this right what has it it to do with these companies If the Commission has not this jurisdiction over cotton compresses it has no supervisin over them at all In addition to these general powers the Commission has some incidental powers over cotton compress companies such as the right to inspect their books to see that the rules and regulations of the Commission are observed by these companies but I do not undertake to enumerate these incidental powers This opinion refers alone to the general and fundamental powers of the Commission over companies and persons owning leasing or operating cotton compresses Yours truly James K Hines Attorney for Railroad Commission 44 TRANSPORTATION OF EXPLOSIVES Railboad Commission of Geobgia Office of Special Attobney to Commission James K Hines Special Attorney Atlanta August 14 1908 Railboad Commission of Geobgia Atlanta Ga Gentlemen I have your letter of the 11th instant enclosing letter of King Hardware Company in which this company claims that the Atlantic Coast Line Railway Company refuses to carry for it loaded shells as freight The railroad company refuses this class of freight on the ground that it only runs mixed passenger and freight trains to the points to which the King Hardware Company wishes to ship these shells and that on its mixed passenger and freight trains explosives can not be hauled By the common law a carrier is not bound to receive dangerous articles for transportation Fish vs Chapman 2nd Ga 349 Johnson vs Middling R R Company 4 Exch 367 6 Cyc 367 Cal Powder Works vs R R Company 113 Cal 329 Tumell vs Pettijohn 2 Harr Del 48 So if the common law prevails in this State and if loaded shells are dangerous in their transportation then this company would be justified in refusing to transport them If they were not dangerous as contended for by the King Hardware Company then this company would be compelled to carry them But is this the law now of force in this State This raises a very important question The Commission is vested by the Steed Act with full power and authority to make prescribe and enforce all such reasonable rules regulations and orders as may be necessary in order to compel and require the several railroad companies in this State to promptly receive receipt for forward and deliver to destination all freight of every character which may be tendered them for transportation Ga Laws 1905 p 120 Language can not be broader The Commission is clothed with full power and authority to make and enforce all such reasonable rules regulations and orders as may be necessary in order to compel and require railroad companies in this State to promptly receive all freight of every character which may be tendered them for transportation All freights of every character includes all goods which may be tendered the railroad companies for transportation It seems to have been the purpose of the Legislature by this Act to change the rule of the Common Law and to clothe the Commission with power and authority to make the railroads of this State receive all freight tendered them for transportation 45 In pursuance of this Act the Commission adopted Storage Rule 10 which provides that whenever freight of any character proper for transportation whether in car load quantities or less is tendered to a railroad company at its customary place for receiving shipments and correct shipping instructions given such railroad company shall immediately receive the same and issue bills of lading therefor Does the phrase proper for transportation in this rule exclude such freight as is dangerous to transport or does it mean that freight tendered for transportation must be properly packed and in proper shape for transportation In view of the Act upon which this rule is based which Act requires the Commission to compel the railroads to carry all freight of every character it should not be construed to exempt from its operation certain classes of freight but should be construed to require the transportation of all goods properly packed for shipment This matter is not entirely free from doubt The King Hardware Company can test this matter by bringing a mandamus against this company to compel it to carry these loaded shells or could sue for any damage which it may have sustained by the refusal of the Company to transport this freight The Commission can amend Storage Rule 10 so as to remove any doubt on this subject Besides the Commission can if it thinks this company has violated this rule refer the matter to the Governor for direction whether suit shall be brought under the Candler Act to enforce the penalty against this Company for disobeying this rule I return to you herein the letter of The King Hardware Co Yours truly James K Hines Attorney for Railroad Commission TRACK SCALES Railboad Commission oe Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney August 14 1908 Railroad Commission of Georgia i Atlanta Ga Gentlemen I have your letter of the 11th instant enclosing letter of Mr H G Shaw Madison Ga in which Mr Shaw asks you to take up the matter of having the railroads at Madison Ga put in adequate weighing facilities You ask my opinion as to what answer you shall make to Mr Shaws inquiry You are authorized by Section 6 of the Candler bill to require all common carriers to establish and maintain such public service and facilities as may be reasonable and just either by general rules or by special orders in particular I 46 n cases If the public service requires weighing facilities at Madison and you find it reasonable and just to provide such facilities then you have the power and authority to pass an order requiring the railroads to put in these weighing facilities I suggest that you hear this application of Mr Shaw after due notice to all parties interested and determine whether his request is reasonable and just or not I return herein the letter of Mr Shaw Yours truly James K Hines Attorney for Railroad Commission MAXIMUM RATES FIXED BY COMMISSION Railroad Commission op Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney August 17 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I am just in receipt of your letter of the 15th instant enclosing letters from Mr G E Smith Traffic Manager of the Georgia Northern Railway Company of the 6th instant letter from Mr H C McFadden President of the Fitzgerald Ocilla Broxton Railway Company of the 4th instant and letter from Mr J S B Thompson Assistant to the President of the Southern Railway Company of the 7th instant all referring to Circular No 340 Mr Smith wishes to know the reason which prompted the Commission for increasing the rate on compressed cotton from 7 cents per hundred pounds to 8 cents per hundred pounds I am unable to give him any information on this subject and the Commission can furnish if they see fit their reason for this increase The other two letters wish to know whether the rates for compressing cotton are maximum rates General rule No 3 of the Rules of the Commission provides that all rates fixed by the Commission are maximum rates and that any company may charge less than the prescribed maximum rate under certain conditions therein provided These conditions are tljat companies subject to the jurisdiction of the Commission shall charge all persons such lesser rate for like services and that a reduction at any agency or station must be followed by a reduction of the same percentage at all other stations on its line Whether the Commission can make a fixed rate below which public service companies can not charge is a question which I am now considering and will furnish the Commission an opinion thereon at an early date I do not go into this matter at present because your letter does not ask for such opinion Yours truly James K Hines Attorney for Railroad Commission 47 FREE TRANSPORTATION TO WITNESSES IN CASES AGAINST RAILROADS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney August 19 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen Your letter of the 18th instant enclosing letter of Minier Wimberly Esq General Counsel of the M D S R R Company in which he wishes to know whether it is against the rule of the Railroad Commission to furnish transportation for witnesses in cases against other railroads to be used only to go to and return from the Court Under the Hepburn Act a common carrier can give free transportation to witnesses attending any legal investigation in which the common carrier is interested Under this provision of the Hepburn Act which has been adopted by this Commission carriers can not grant free transportation to witnesses for other roads in legal investigations in which such carriers are not interested I return herein letter of Mr Wimberly Yours truly James K Hines Attorney for Railroad Commission FREE TRANSPORTATION TO FAMILIES OF EMPLOYES OF OTHER LINES Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney August 31 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 24th instant enclosing letter of J H Merrill Esq in which he wishes to know what persons in the service of common carriers are entitled to free transportation for their families The Hepburn Act provides that no common carrier subject to its provisions shall give any free pass except to its employes and their families its officers agents surgeons physicians and attorney at law If this provision stood alone it would be manifest that only employes in the strict sense of that term would be entitled to free transportation for their families and that the officers agents surgeons physicians and attorneys at law would not be entitled to free transportation for their families But in this Act there is this provision Provided That this provision shall not be construed to prohibit the interchange of passes for the officers agents and employes of common carriers and their families All parts of a statute must be construed together and effect be given to all its provisions if this can be done by any reasonable construction of its terms The intention of the lawmaking power must be diligently sought after If we stick to the letter of the first provision above quoted we would have Congress authorizing common carriers to give to the families of the officers agents and employes of other common carriers free passes when such corporations would be prohibited from giving free passes to the families of its own officers agents and employes This construction would be absurd Construing both provisions together it is my opinion that common carriers can give free passes to the following families towit 1 To the families of its officers 2 To the families of its agents 3 To the families of its employes 4 Common carriers can interchange passes for the families of the officers agents and employes of other common carriers Common carriers can not grant free passes to the families of their local surgeons physicians and attorneys at law The act seems to limit free passes to the families of their officers agents and employes As this statute is remdiai and intended to wipe out the abuses of free transportation its provisions can not be extended by implication or construction I return you herein the letter of Mr Merrill James K Hines Attorney for Railroad Commission AUTHORITY OF COMMISSION TO REQUIRE PAYMENT OF OVERCHARGE CLAIMS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 20 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen In Rer Claim of L H Warlick I have your letter of the 17th instant enclosing proposed order in the above matter in which you ask my opinion on your authority to pass orders requiring railroads to pay overcharges to shippers I do not think you have power to pass such orders In my opinion a railroad company would not subject itself to the penalty provided by law for disobedience of such an order of the Commission because you are without power to hear a claim for an overcharge and render a judgment for or against the claimant In all cases where any railroad shall demand and receive for goods shipped from within or without this State to any point in this State any overcharge or excess of freight over and beyond the proper or contract rate of freight and a demand in writing for the return or repayment of such overcharge is made by the person paying the same said railroad shall refund said overcharge within thirty days from said demand and if said common carrier shall fail or refuse to settle within thirty days or within said time to refund said overcharge or overpayment then said railroad shall be liable to said person making the overpayment in an amount double the amount of the overpayment to be recovered in any court having jurisdiction of the same Code Sec 2316 Steward vs Comer 100 Ga 754 By the seventh section of the CandlerDverstreet Act you have authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses or failure to decline to do so if deemed unjust in a reasonable time Ga Laws 1907 p 72 Under this law you can fix penalties for the neglect on the part of the railroad companies to adjust overcharges and losses in a reasonable time When you fix such penalties your power and authority are exhausted If Section 2316 of the Code is not repealed by the CandlerOverstreet Act then the person paying the overcharge can recover double the amount of such overcharge in any Court having jurisdiction If that section is repealed by said act then the person paying such overcharge can recover such penalty as you may fix either under section 9 of the CandlerOverstreet Act or under the general law I do not think the Commission would be authorized to pass orders directing the payment of overcharges in particular cases unless expressly authorized by law While there are some general expressions in theCandlerOverstreet Act which would seem to make railroads liable for omitting to do any act matter or thing required to be done by an order of the Commission as is shown by the ninth section of this act such general expressions must be construed to mean that the railroads would only be liable for disobeying an order of the Commission for which provisin was made by law James K Hines Attorney for Railroad Commission 50 POWER OF COMMISSION IN REQUIRING CONSTRUCTION OF SIDETRACKS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 201908 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 17th instant in which you wish to know if you have the power to require the location of sidetracks at points like the one near Andersonville on the Central of Georgia Railway Company where you have an application asking that this company be required to locate a sidetrack The seventh section of the CandlerOverstreet Act provides Said Commission shall have authority to prescribe rules in reference to spur tracks and sidetracks with reference to their use and construction removal or change with full power to compel service to be furnished to manufacturing plants warehouses and similar places of business along the lines of railroads where practicable and in the judgment of the Commission the business is sufficient to justify and on such terms and conditions as the Commission may prescribe In my opinion your power in this respect is not confined to prescribing rules with reference to spur tracks and sidetracks to manufacturing plants warehouses and similar places of business along the lines of railroads but clothes you with power to prescribe rules with reference to spur tracks and sidetracks with reference to their use and construction removal or change at points like the one involved in the application for the construction of the sidetrack near Andersonville The expression in this section towit With full power to compel service to be furnished to manufacturing plants warehouses and similar places of business along the lines of railroads does not refer to the power and authority to prescribe rules and regulations for the use and construction removal or change of spur tracks or sidetracks but clothes you with the additional power to require the railroads to furnish service to manufacturing plants warehouses and similar places of business along the lines of railroad in addition to your power and authority to have spur tracks and sidetracks built to such places In other words in addition to giving you authority t6 prescribe rules for the construction of spur tracks and sidetracks to such plants this section gives you the authority to compel the railroads to furnish service on said sidetracks and spur tracks to such plants Under this section you have authority to prescribe rules for the use and construction removal or change of spur tracks and sidetracks generally Under this authority you can prescribe rules for the construction of these tracks to manufacturing plants warehouses and similar places of business along the lines of railroads1 But as sidetracks to these plants would be worthless 51 without the proper service thereon to these plants the Legislature gave you power to compel the service on these tracks to these plants Under this section you can prescribe rules for the construction of sidetracks at such points as that near Andersonville In addition you can prescribe such rules for the use and construction of spur tracks to manufacturing plants warehouses and similar places of business along the lines of railroads Then you can prescribe rules compelling the railroads to furnish service on these spur tracks built to such plants Under this section you can only require the construction and compel the service on these spur tracks and sidetracks where in your judgment the business is sufficient to justify their construction and use and then you can prescribe the terms and conditions on which the railroads are required to build these tracks and furnish the necessary service thereon Yours truly James K Hines Attorney for Railroad Commission AUTHORITY OF COMMISSION TO REGULATE NUMBER OF TRAIN CREW ON PASSENGER TRAINS RattroAn Commission oe Geobgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 24 1908 Railroad Commission of Georgia Atlanta Ga n Gentlemen I have your letter of the 23rd instant enclosing letter from Ben T Brock Esq in which he inquires whether you have authority to consider and act upon a petition to require railroad companies in this State to put on extra brakemen or trainmen upon trains of unusual length where it is shown to be for the safety of employes and to the best interest of the Company In my opinion you have such authority but it should be exercised with great care and caution There is a very indistinct line between the supervision which you can exercise over railroads and the powers of the General Managers of railroads This line you can not cross It is a dead line beyond which you can not go By Section ix of the CandlerOverstreet Act you have general supervision over railroads By the same section you are authorized upon your own initiative to require all common carriers to establish and maintain such public service and facilities as may be reasonable and just By the same section you are given authority to examine into the affairs of said companies and corporations and to keep informed as to their general condition their capitalization their franchises and the manner in which their lines are managed conducted and operated not only with respect to the adequacy security and accommodation afforded by their service to the public and their employes but also with refer 62 ence to their compliance with all provisions of law orders of the Commission and charter requirements By this last provision you are clothed by implication with the power to look after the security afforded by railorads to the public and their employes So if it should plainly appear to the Commission that additional brakemen or trainmen on given trains were necessary to the security of the employes in my opinion you would have authority under this act to require such additional service As above stated Ithink that this power should be very carefully exercised by the Commission It ought to be a plain case where you undertake to act in this matter Yours truly v James K Hines Attorney for Railroad Commission AUTHORITY OF COMMISSION TO REQUIRE RAILROADS TO ALLOW TELEGRAPH COMPANIES THE USE OF ITS PROPERTY Railroad Commission of Geobgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 26 1908 Railroad Commission of Geobgia Atlanta Ga Gentlemen In re Telegraph service at Martin Ga Your letter of the 12th instant enclosing your file in the above matter came duly to hand I have carefully considered the order passed by you in this matter on May 22nd 1908 I do not believe that this order is valid You required theSouthern Railway to allow the Western Union Telegraph Company to connect its wires with the office of the railroad agent at Martin In other words you required the railroad company to permit the Western Union Telegraph Company to use its property in the conduct of the latters business In my opinion this is taking the property of the railway company for public use without compensation and violates paragraph three of section one of article one of the Constitution of this State which declares that No person shall be deprived of life liberty or property except by due process of law It likewise violates Par 1 of Sec 3 of Article one of the Constitution of this State which provides that private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid So I am of the opinion that this order is void so far as the Southern Railway Company is concerned This order Is only conditional as to the Western Union Telegraph Company This Company is only required to establish and maintain a telegraph agency at Martin Georgia Upon the conditions named in this order One of these conditions is that the Southern Railway permit the Western Union Telegraph Company to connect its wires with the office of the railroad agent at Martin Another condition is that the railroad agent at Martin Ga 53 or some other competent telegraph operator shall accept the telegraph agency at that point upon the usual commission basis As the Southern Railway declines to permit the telegraph company to use its office and property at Martin in the way indicated in this order your order does not require the telegraph company to establish such agency So it is not binding upon the telegraph company By section 6 of the CandlerOverstreet Act the powers and duties conferred by law upon the Railroad Commission are extended and enlarged so that its authority and control shall extend to telegraph companies By section six of this Act you have and can exercise all the power and authority before its passage conferred upon the Commission by law and you have general supervision of telegraph companies By the same section you have the power and authority to require telegraph companies to establish and maintain such public service and facilities as may be reasonable and just either by general rules or by special orders in particular cases So under the authority of this act you have full power and authority to require the Western Union Telegraph Company to establish and maintain a telegraph office if the same is reasonable and just at Martin Ga but your order in this case is not absolute in its terms and is conditional If you find that the establishment and maintenance of a telegraph office at Martin is reasonable and just then you can pass an order requiring the telegraph company to establish and maintain a telegraph office at this place and such an order can be enforced under our law Such an order will have to be absolute and unconditional or based upon such conditions as the telegraph company can control Yours truly James Ki Hikes Attorney for Railroad Commission JURISDICTION OF COMMISSION OVER THE PULLMAN COMPANY AND SLEEPING CAR COMPANIES Railboad Commissiok of Geobgia Office of Special Attobkey to Commissiok Atlakta James K Hikes Special Attorney November 4 1908 Railroad Commissiok of Geobgia Atlakta Ga I Gektlemek I have your letter of the 30th ult in which you wish my opinion upon the question whether you have jurisdiction over the sleeping car rates of the Pullman Company and whether that Company is a common carrier or not I find no statute Of this State placing sleeping car companies under the jurisdiction of the Railroad Commission The CandlerOverstreet Act extends the power and jurisdiction of the Railroad Commission to a large number of corporations but fails to name sleeping car companies By section six of this Act 54 the Railroad Commission of Georgia is given general supervision of all common carriers So the question arises is the Pullman Palace Car Company a common carrier This question first came before the Supreme Court of Georgia in the case of Pullman Palace Car Company vs Martin 95 Ga 314 and the Court in that case did not determine whether this Company was a common carrier or not In that case Justice Atkinson says According to the view we take of the questions made in this case it is unnecessary for us to determine whether in Georgia a sleeping car company should be held to the same degree of diligence as is imposed on an innkeeper nor whether it shall be adjudged to be a common carrier The same question came up in Cates vs Pullman Palace Car Co 95 Ga 810 and Judge Lumpkin in that case says We shall not undertake in the present case to state definitely the precise relation existing between the sleeping car company and its patrons This question next came before the Supreme Court in the case of the Pullman Palace Car Company vs Harvey 101 Georgia 738 and in that case Chief Justice Simmons says The law as to the liability of sleeping car companies is not well settled Courts in different States have laid down different rules as to their inability Judges in the Federal Courts likewise differ This question next came before the Supreme Court in Pullman Palace Car Company vs Hall 106 Ga 765 and on page 771 Justice Little who delivered the opinion of the majority of the Court says While there are decisions of a number of courts which have held sleepingcar companies liable to a passenger for the loss of his baggage as a common carrier and others which apply the law of liability as that of innkeepers the weight of authority as we understand it is that such companies are not liable as innkeepers nor as carriers for personal effects taken with the passenger into the car and of which he retains possession In this case the Court seems to hold that a sleeping car company is not a common carrier This question next came before the Supreme Court Pullman Company vs Sehaffner 126 Ga 612 It again came up in Pullman Company vs Green 126 Ga 142 and Justice Cobb in delivering the opinion says It is the duty of a sleeping car company to exercise reasonable care to guard the personal property of the passenger from theft and if for the want of such care his personal effects or some of them are stolen the company would be liable for such stolen values as a passenger might reasonably be expected to carry with him on his journey This is the rule of liability as settled by the decision of this Court and has been declared to be in accord with the weight of authority elsewhere In support of this rule of liability Justice Cobb cites the cases hereinbefore mentioned So it seems to me that the Supreme Court of Georgia has settled and determined that a sleeping car company is not a common carrier If it is not a common carrier it then does not come within the provisions of the CandlerOverstreet Act Now does a sleeping car company come withAi the provisions of Civil Code Sec 2199 which defines the meaning of a railroad company To fall within 55 this section the company must own or operate a railroad or some part of one in this State or must do business as a common carrier upon some of the lines of railroad in this State Now evidently tljis is causus omissus and that the framers of the CandlerOverstreet Act overlooked sleeping car companies but this omission does not authorize the Railroad Commission of Georgia to take supervision over these companies In my opinion you do have supervision and control of sleeping car rates m those cases where a railroad owns and operates sleeping cars for the carriage and convenience of its passengers James K Hines Attorney for Railroad Commission RIGHT OF RAILROAD COMPANIES TO CONDEMN LAND FOR SIDE TRACK PURPOSES Railroad Commission oe Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney December 17 1908 Railroad Commission of Georgia Atlanta Ga Gentlemen In reply to your letter asking my opinion upon the question whether a railroad company has the right to condemn land for the purpose of building sidetracks I write to say that I think they have such power This power of course will depend somewhat upon the charter of the given railroad Certainly all railroads chartered under the general law of this State providing for the grant of charters to railroad companies would have this right By this general law they are given the right to acquire purchase hold and use all such real estate and other property as may be necessary for the construction and maintenance of said roads and the stations wharves and terminal facilities and all other accommodations necessary to accomplish the object of said corporation and to condemn lease and buy any land necessary for its use Code Sec 2167 Par 3 This power to condemn private property conferred by this general law is not exhausted by its first exercise but is coextensive with the necessities for which it was granted Gardner vs Georgia Railroad Banking Co 117 Georgia 523 This last case qualifies the ruling made in the Alabama Great Southern Railroad vs Gilbert 71 Ga 591 in which the Court made the following ruling towit What a corporation first condemns buys or takes as necessary for its franchises it will be bound by as its election and the charter rights will be thereby exhausted so far as the then existing charter vests it with power In the case of the 117 Georgia this ruling is explained qualified and limited The true law upon this subject in my opinion is this A single exercise of the power of condemnation does not exhaust it if the future exercise of the power becomes necessary to accomplish the object for which the corporation was chartered Thus the power to condemn private property conferred by the charter of a railway company is not exhausted by its first exercise but is co extensive with the necessities to meet which it was granted 15 Cyc 576 It would be a disastrous rule indeed to hold that a railroad company must in the first instance acquire all the ground it will ever need for its own convenience or the public accommodation Chicago etc R R Co vs Wilson 17 111 123127 The power of the railroad company to make necessary sidetracks means to make them when they become necessary otherwise it would be the power to make unnecessary side tracks Such a power may be exercised when necessary and hence is not exhausted by one exercise St Louis etc Ry vs Petty 57 Ark 359369 20 L R A 434 So in my opinion a railroad company has the power to condemn property for sidetracks whenever the same becomes necessary for the proper discharge of its duty as a public carrier Yours truly James K Hikes Attorney for Railroad Commission CLAIMS FOR PENALTY DEMURRAGE FAILURE TO FURNISH CARS Railroad Commission of Georgia Office of Special Attoenet to Commission Atlanta James K Hines Special Attorney January 6 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 4th instant File 7672 in which you wish to know whether you have jurisdiction over the claim of the Rebecca Lumber Company against the Ocilla Valdosta Railroad Company for failure to furnish cars under the Steed Act Section 2 of this Act provides the way in which a shipper can require the placing of cars by a railroad company and further provides that the Railroad Commission shall by reasonable rules and regulations provide the time in which the car or cars shall be furnished after being ordered by the shipper and the penalty per day per car to be paid by said railroad company in the event such car or cars are not furnished as ordered The Commission has provided rules and regulations upon this subject Section 3 of this Act provided that the railroad company would not be subject to the penalties provided by said Act until the Commission required such company to show cause why it was not subject to said penalties Section 4 inflicted a penalty not exceeding 25000 upon any railroad company violating the rules orders or regulations so established by the Commission Georgia Laws 1905 120 Sections 3 and 4 of the Steed Act were repealed by Section 11 of the CandlerOverstreet Act approved August 23d 1907 Georgia Laws 1907 72 and 73 So under this latter Act you have no authority to call upon the Railroad Company to show cause why it should not pay a demurrage claim of this character and in my opinion you have not now the authority to act upon the petition presented by the Rebecca Lumber Company Whatever right the Rebecca Lumber Company has against the Railroad Company must be enforced by a suit in the Courts If you were to pass an order in this matter fixing the amount of penalty if you find the railroad company liable such order would be a mere brutum fulmen I return herein the file in this matter Yours truly James K Hines Attorney for Railroad Commission PENALTIES FOR DELAYS IN ADJUSTING CLAIMS Railboad Commission op Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney January 29 1909 Railboad Commission of Geobgia Atlanta Ga Gentlemen At one of your late meetings you requested me to furnish an opinion upon your power and authority to fix penalties for the neglect on the part of the railroad companies to adjust overcharges and losses and you requested me to submit rules governing this subject if I found that you had such power and authority By the CandlerOverstreet Act approved August 23 1907 it is provided that the Railroad Commission shall have authority to fix penalties for neglect on the part of the railroad company to adjust overcharges and losses or failure to decline to do so if deemed unjust in a reasonable time Georgia Laws 1907 page 77 58 As penal statutes are to be construed strictly the proper construction of this provision may be that you have authority only to fix penalties for the failure of railroads to do either one or the other of two things either to adjust overcharges and losses or to decline to do so if deemed unjust in a reasonable time Under this construction we would not have authority to fix a penalty for neglect to adjust overcharges and losses alone but would only have authority to fix such penalties for neglect to adjust these overcharges and losses or for failure to decline to do so In other words if the railroads did either one or the other they would comply with the statute and you could not penalize them But When we consider the whole scope and purpose of the Act of August 23d 1907 this construction seems unreasonable It was the evident purpose of the Legislature to compel railroads to adjust honest claims and to decline to pay unjust ones within a reasonable time If the railroad company could avoid the penalty by either paying or declining to pay the statute would have very little effect in compelling the payment of just and honest claims within any reasonable time While the question is not free from doubt I am inclined to think that you have authority to fix penalties both for the neglect on the part of the railroad companies to adjust overcharges and losses and for failure to decline to do so if deemed unjust in a reasonable time I have prepared and enclose herein two rules to cover both features Yours truly James K Hines Attorney for Railroad Commission LAW FORBIDDING COMMISSIONERS AND EMPLOYES FROM IMPARTING OFFICIAL INFORMATION Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney February 3 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen You ask me for an opinion upon the meaning of that provision of the Act enlarging the powers of the Railroad Commission which prohibits members and employes of the Railroad Commission from disclosing certain information That provision is as follows Any railroad commissioner of this State or any employee of said Railroad Commission who shall disclose or impart to any one except when legally called upon by a Court of competent jurisdiction any fact knowledge of which was obtained in his official capacity from or through any proceedings filed with the said Railroad Commission under this section shall be guilty of a misdemeanor 59 and subject to a prosecution therefor provided that this shall not apply to such facts or information obtained through public hearings or such as are not confidential in their nature and is contained in Sec 8 of An Act to increase the membership of the Railroad Commission of Georgia etc approved August 23d 1907 Ga Laws 1907 pp 72 77 78 What does this provision mean This prohibition against disclosing information includes two classes towit first railroad commissioners and second employes of the Railroad Commission So the Railroad Commissioners and employes of the Railroad Commission are prohibited from disclosing or imparting the information mentioned in this section So far the matter is plain The next inquiry is what information is under the ban of this law This prohibited information is any fact knowledge of which was obtained in his official capacity from or through any porceedings filed with the Railroad Commission under section 8 of this Act with the exceptions hereinafter noted The facts thus put under the ban of secrecy must be learned from or through proceedings filed under Section 8 of this Act which is the section which gives the Commission authority over the issuing of bonds and stocks No other disclosures are prohibited The members and employes of the Railroad Commission are prohibited from disclosing any facts knowledge of which is obtained from or through any proceedings filed with the Commission Whatever facts are learned from such proceedings can not be imparted to any one Whatever facts are learned through such proceedings can not be disclosed The information which the members and employes of the Commission are prohibited from disclosing is as follows 1 Facts connected with the issuing of stocks and bonds 2 The knowledge of these facts must be obtained in his official capacity and 3 They must be learned from or through proceedings filed with the Railroad Commission There are two exceptions to this injunction of secrecy First members and employes of the Railroad Commission can disclose all facts and information which are obtained through public hearings Second they can impart such facts and information as are not confidential in their nature The first exception is plain enough Whatever is disclosed at a public hearing is public property The meaning of the second exception is not obscure If an applicant for the approval of an issue of stocks or bonds states or communicates to the commission facts in connection with proceedings for such approval confidentially then the members and employes of Commission can not divulge them If the communication is not confidential then the facts can be disclosed In other words whoever files with the Commission a proceeding seeking its approval of an issue of stocks and bonds or either case inform the Commission that the facts disclosed in connection therewith are confidential and such facts can not be disclosed unless they are subsequently brought out at some public hearing Under this section of this Act the Commission for the purpose of determining whether it will pass an order of approval can make such inquiry or in 60 vestlgation hold such hearings and examine such witnesses books papers documents or contracts as it may deem advisable or necessary and in this way the Commission and its employes may through such proceedings gain knowledge of vital secrets of the corporation applying for the Commissions approval of an issue of securities Primarily this injunction of secrecy may refer to information so obtained iSuch information would be obtained through such proceedings But such injunction of secrecy is of wider operation It prohibits the disclosure of facts knowledge of which is obtained from proceedings filed urith the Commission Would this prohibit the members and employes of the Commission from permitting persons interested or the public to inspect such proceedings or get copies thereof Should the Secretary of the Commission refuse to furnish a copy of such proceedings to persons interested or to the public This is a penal statute and is to be construed strictly Permitting persons to inspect such proceedings or to furnish copies thereof to others would not be disclosing facts knowledge of which was obtained from such proceedings It would simply be furnishing the means of obtaining such knowledge as the members or employes of the Commission might have already obtained from the same Besides there could hardly be any public hearing without a disclosure of these proceedings A public hearing necessarily involves a disclosure of the pleadings This statute does not prohibit the disclosure of proceedings filed with the Railroad Commission but only the disclosure of facts knowledge of which was obtained by the members or employes of the Commission from or through proceedings filed with the Commission I do not give any opinion on the validity of the provision While this is true it might be well for the members and employes of the Commission not to disclose such proceedings except under direction of the Commission Yours truly James K Hines Attorney for Railroad Commission 61 FAILURE OF PASSENGER TO PROCURE TICKET Railboad Commission of Geobgia Office of Special Attobnet to Commission Atlanta James K Hines Special Attorney February 4 1909 Railboad Commission of Geobgia Atlanta Ga Gentlemen I have your letter of the 3d instant File 6602 enclosing letter from Mr Hiram Mullis of the 2nd instant Passenger Rule No 2 is the only rule promulgated by the Commission upon the subject referred to in the letter of Mr Mullis This rule provides that at all places where by the exercise of reasonable diligence the requisite tickets may be purchased it shall be the duty of all persons to provide themselves therewith before boarding trains as passengers and if at such a place the person stall board a train and has for want of reasonable diligence on his part failed to supply himself with the requisite ticket the railroad company may collect for each mile that may be traveled by such person without the requisite ticket in addition to the maximum prescribed rate one cent per mile additional in case of adults I return herein the letter of Mr Mullis Yours truly James K Hines Attorney for Railroad Commission RIGHT OF RAILROAD TO REFUSE SHIPMENTS IN BAD ORDER DUTY OF SHIPPER TO PROVE GOOD ORDER WHEN GOODS WERE OFFERED TO CARRIER Railboad Commission of Geobgia Office of Special Attobnet to Commission Atlanta James K Hines Special Attorney March 5 1909 Railroad Commission of Geobgia Atlanta Ga Gentlemen File G FL I have your letter of the 4th instant enclosing letter from Spence Drug Company in which you ask me to furnish you an opinion upon the matter referred to in this letter I do not think it necessary for a claimant to furnish proof that goods shipped were in good condition when delivered to the carrier When a carrier receives goods and carries them over its lines the presumption of law is that they were received in good order 62 Southern Railway Company vs Waters Co 125 Georgia 520 This presumption can be rebutted I think the carrier can give a bill of lading for goods not in good shipping condition In such a case the carrier can refuse to receive such goods but the carrier can waive this right and receive goods in bad shape Yours truly James K Hines Attorney for Railroad Commission LIABILITY OF CARRIER WHERE GOODS ARE DESTROYED BY CYCLONEL Railroad Commission of Georgia Office of SpecialAttorney to Commission Atlanta James K Hines Special Attorney March 23 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File G FL I have your letter of the 20th instant enclosing letter from Messrs Paullin Vinson in which they wish to know if you have made any ruling on the question whether a railroad company is liable for injury to goods caused by cyclones So far as I am informed you have made no such ruling This is a question of law No excuse avails a common carrier for the loss of goods unless it was caused by the act of God or the public enemies of the State Code Sec 2264 Now what is the Act of God By the Act of God is meant any accident produced by physical causes which are irresistable such as lightning storms perils of the sea earthquakes inundations sudden death or illness Fish vs Chapman Ross 2 Ga 349357 Wallace vs Clayton 42 Ga 443 Central Line of Boats vs Lowe 50 Ga 511 The Act of God excludes all idea of human agency Fish vs Chapman Ross 2 Ga 357 If by any care prudence or foresight the thing could have been guarded against then it is not unavoidable and is not the Act of God Central Line of Boats vs Lowe 50 Ga 511 Under these authorities of our Supreme Court a cyclone is the Act of God iMo human foresight care or prudence can prevent one It is irresistable It is the highest display of superhuman force and power A man may dig a pit get in it and escape its force and fury but there is no escape for the railroad and its cars which are in the line of its track 63 In my opinion the railroad company is not liable to these gentlemen for injury to their car of acid which was struck and injured by the Cuthhert cyclone I return herein the letter of Messrs Baullin Vinson Yours truly James K Hines Attorney for Railroad Commission DISCRIMINATION RIGHT OF SAVANNAH UNION STATION COMPANY TO DENY PRIVILEGES TO ONE BAGGAGE COMPANY WHICH IT EXTENDS TO ANOTHER SUCH COMPANY Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney March 25th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 7270 The Atlantic Postal Telegraph Cable Company ys Savannah Union Station Company I have your letter of the 11th inst in which you sent me the file in the above case and wish my opinion upon the question whether you can compel the Savannah Union Station Company to rent to the Atlantic Postal Telegraph Cable Company space in its depot at Savannah for the purpose of enabling this telegraph company to carry on its business in that place The Savannah Union Station Company owns and operates the Union Depot in Savannah and undertakes to furnish a place where the several railroads can discharge passengers and their baggage and receive passengers and their baggage for transportation over these several lines of railways Sub mode this company is a carrier of passengers for hire It owes to the public the duty of furnishing suitable facilities for receiving and discharging passengers and their baggage It must furnish to all passengers alike and without discrimination these facilities Its property is impressed with a public use to this extent alone The public have no rights in this property except to this extent Its property is not a common for the use and enjoyment of all who may come along This is the rule established by the Supreme Court of Georgia and the Railroad Commission of Georgia is bound by the law as expounded by our Supreme Court The dominion of a terminal company over its depot and its appurtenances is uo less complete than that which every owner has over his own property Such a corporation may exclude whom it pleases when they come to transact their own private business with passengers or third persons and admit whom it pleases when they come to transact such business Fluker vs Ga R Bk Co 81 Ga 461 In its character as a common carrier and relatively to its duties and obligations arising therefrom the Savannah Union Station Company can not grant to 64 any person or persons rights or privileges which it refuses to others hut must treat all alike It must feed all its patrons out of the same spoon Kates vs Atlanta Baggage Cab Co 107 Ga 636 As to matters involving no duty to the public the Savannah Union Station j Company in the management and control of its property may grant conces sions to some which it denies to others It can grant to a single corporation or individual the exclusive right to use space in its depot for the transmission of telegraphic information if it affords to all passengers alike proper and suitable facilities for entering its depot to purchase tickets and take passage and for checking of cars and affords to them like facilities for leaving its depot and obtaining their baggage on presenting checks therefor Kates vs Atlanta R C Co 107 Ga 637 Atlanta Terminal Co vs Am Baggage Co 125 Ga 677 Hart vs Atlanta Terminal Company et al 128 Ga 754 It is private property between the carrier and those of the general public who have no occasion to use it for purposes of transportation Donovan vs Penn Co 199 U S 279 Hart vs Atlanta Terminal Co 128 Ga 768 Much can be said in favor of the Georgia rule If this company can be compelled to furnish space in its depot for the Postal Telegraph Company it could be compelled to furnish space for any other telegraph company It could be compelled to rent space to the Telepost Company It could be compelled to furnish a place for all the telegraph companies to do business in its depot It is now customary to rent space for a restaurant in these terminal stations If the principle contended for by the Postal Telegraph Company is correct the Commission could compel the Savannah Union Station Company to rent space to all persons who wish to run a restaurant in its depot It is usual to rent space for a cigar soda water and news stand in these terminal stations If the principle contended for by the Postal Telegraph Company is correct the Commission could compel the Savannah Union Station Company to rent space for all persons who wish to conduct a cigar soda water and newsstand It is a common practice now for a terminal company to rent space in its depot for a barber shop If the principle contended for is correct the Savannah Union Station Company will have to rent to all applicants spaces for barber shops It is usual for these terminal companies to rent space to some express company for the conduct of its express business If the principle contended for is correct the Savannah Union Station Company would have to rent to all express companies who applied to it for space the right and privilege of conducting their respective businesses in its depot building In this way this Company would have no space left for the conduct of its own business To adopt the opposite of the Georgia rule would subject the public to a great deal more annoyance and inconvenience than to adhere to the rule established by the Supreme Court of Georgia and the Supreme Court of the United States It is my opinion that the Railroad Commission of Georgia has not the author ity to compel the Savannah Union Station Company to rent space in its depot at Savannah to the Postal Telegraph Company for the purpose of enabling the latter company to conduct its telegraph business in that depot Yours truly Jambs K Hines Attorney for Railroad Commission FRHE TRANSPORTATION TO FAMILIES OF LOCAL ATTORNEYS Railroad Commission of Georgia f Office of Special Attorney to Commission Atlanta James K Hines Special Attorney March 26th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen I have received in due time your letter of the 12th instant enclosing letter of C S Reid Esq of Palmetto Ga and in which letter you request me to furnish the Board with my opinion as to the right under the law of the Atlanta West Point Railroad to issue the transportation referred to in the letter of Mr Reid Oh October 29th 1907 the Commission issued General Order No 3 which provides that after the 31st day of December 1907 no railroad company or other common carrier subject to the jurisdiction of the Railroad Commission of Georgia shall be allowed to issue or honor any free ticket pass or free intra state transportation for passengers between any points in this State except upon the terms provided for interstate free transportation by the Act of Congress approved June 29th 1966 known as the Hepburn Act By the Hepburn Act a common carrier can give free transportation to its employes and their families its officers agents surgeons physicians and attorneys at law In construing this provision of the Hepburn Act the Interstate Commerce Commission has held that a common carrier can not issue free transportation to the families of the local attorneys of railways The Commission of Georgia has uniformly adopted as its construction of the Hepburn Act the construction placed thereon by the Interstate Commerce Commission It is insisted by Mr Reid that this transportation is a part of his compensation for services rendered the Atlanta West Point Railroad Company as its local attorney in Campbell County and that for this reason it is not free transportation There is some merit in this contention but the construction put on the Hepburn Act by the Interstate Commerce Commission which construction the Railroad Commission of Georgia follows does not permit such compensation It is uncertain and indefinite It may amount to much or little By adopting this contention local attorneys of railways might make con 66 tracts with railways by which such railways could issue transportation to any person or persons whom the local attorneys might designate other than members of their families as a part of their compensation for representing such companies in their immediate localities There is no difference in principle between issuing such transportations to the families of local attorneys than in issuing them to the servants and employes of such attorneys or to any other persons to whom the attorneys might wish such transportation issued In my opinion it would be better for local attorneys to have provisions in their contracts of employment for the payment of their services in the coin of the realm and not in transportation to others than themselves and it is further my opinion that the issuing of such transportation is prohibited by General Order No 3 of the Commission 1 return herein the letter of Mr Reid Yours truly James K Attorney for Railroad Hines Commission INTERCHANGEABLE MILEAGE RULES Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney April 21 1909 Railboad Commission of Geobgia Atlanta Ga Gentlemen Your letter of the 12th instant enclosing letter from Judge John I Hall came duly to hand Judge Hall in his letter requests the views of the Commission on the propriety of issuing a coupon book and having the coupons exchanged for straight tickets when the holder of the coupon book desired to travel at the reduced rate In your letter you ask me to furnish you my opinion upon this subject and upon the right of a carrier to expel a passenger failing to comply with the regulations requiring the exchange of the mileage coupons for a ticket Carriers of passengers may eject from their conveyance all persons refusing to comply with reasonable regulations Code Sections 2278 and 2296 Carriers of passengers may demand prepayment of fare Code Section 2267 A carrier of passengers has a legal right to make reasonable rules and regulations for the conduct of its business in the transportation of passengers Southern Railway Co vs Watson 110 Ga 601 Now the question is whether the regulation constituting a part of the contract under which these mileage books are sold and by which it is stipulated that the mileage books will not be honored for passage except at nonagency 67 stations and at agency stations which are not open for the sale of tickets unless the coupons of the mileage hooks are exchanged for straight tickets is reasonable In my opinion such regulation is reasonable The purchaser of one of these thousand mile tickets from a railway company enters into a contract with that company One of the terms of this contract is that coupons from these mileage books will not be honored on trains except at nonagency stations and agency stations not open for the sale of tickets but must be presented at ticket offices and there exchanged for continuous pasqee tickets which continuous passage tickets will be honored for passage when presented in connection with the mileage books This is a special contract by which the purchaser of a mileage book gets a reduced rate and he is bound by the terms of the special contract Moses vs East Tenn Virginia Georgia R R 73 Georgia 356 Lewis vs W A R R Company 93 Ga 295 In the absence of such special contract such regulation might be void Phillips vs Georgia Railroad Banking Co 93 Georgia 356 Before the inauguration of the sale of these mileage books with this stipulation in it the railroads submitted to the Commission their plan of issuing these books together with the terms and conditions upon which they would issue the same and on March 26th 1908 the Commission approved this plan and these terms and conditions So in my opinion this regulation is a reasonable regulation and the passenger failing to comply therewith can be expelled from the train This regulation in and of itself is reasonable This regulation is reasonable because it is based upon a special contract entered into between the purchaser and the railway company selling the mileage book It is furthermore reasonable because the Commission has approved the plan and the terms and conditions under which the railways sell these tickets I return herein the file in this matter Yours truly James K Hines Attorney for Railroad Commission USE OF EXPRESS FRANKS BY RAILROAD OFFICIALS RattroAn Commission of Georgia Office of Speciae Attorney to Commission Atlanta James K Hines Special Attorney May 27th 1909 RAiLROAn Commission of Georgia Atlanta Ga Gentlemen Your letter of the 20th ult enclosing letter from Mr J W Oglesby President of the South Georgia Railway Company in which he wishes to know whether he as such President can accept a frank from the Southern Express Company came duly to hand I note that this frank was given to Mr Oglesby in exchange for annual passes to representatives of the Southern Express Company over his road The issuing of franks by an express company to the officers agents attorney or employes of a railroad company is within the prohibition of the Interstate Commerce Act and amendments against discrimination undue preference and departure from published schedule of rates and is unlawful 22 Annual Report Interstate Commerce Commission 1908 page 75 161 r Federal Rep 606 I am not unmindful of the fact that the Hepburn Act proscribed the giving of I any less or different rate from those in its published schedules of rates This fact alone would justify the ruling made by the Court in the 161 Federal Reporter 606 The authority of the Railroad Commission of Georgia to pass its order against free transportation is based upon the authority vested in it by law to pass all rules and regulations which may be necessary to prevent discrimina tion This power authorizes the Commission to adopt as its rule upon the sub j ject the provisions of the Hepburn Act and the construction put upon that Act by the Interstate Commerce Commission If the South Georgia Railway Company can give annual passes to the representatives of the Southern Express Company in consideration of a frank from I the latter company this would be discriminating against the general public It could certainly be made the means of very gross disrclminations A frank to the president of this railroad company might be worth very much less than the transportation given to the representatives of the Southern Express Com j pany Passes over a given railway might be worth very much more than passes over another railroad and yet passes over both roads might be given to representatives of the Southern Express Company in consideration of a frank granted by the Express Company In my opinion the South Georgia Railway Company violated your order in l granting passes to the representatives of the Southern Express Company and the Southern Express Company violated your order in granting this frank to Mr Oglesby as President of this railway company I return you herein the letter of Mr Oglesby and the express company frank thereto attached Tours truly James K Hjnes Attorney for Railroad Commission 69 STOPPING TRAINS AT INTERSECTION OP TRACKS OF STEAM RAILROADS WITH STREET RAILROADS RATTRnAn Commission of Geobgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney June 4th 1909 railroad Commission of Georgia Atlanta Ga Gentlemen Pile GFiM I received in due time your letter of the 28th ult enclosing letter from the Rome Railway Light Company in which this Company wishes to know whether trains upon steam railways must come to a full stop before crossing a street railway track The only law upon this subject so far as I know is contained in Section 2234 of the Civil Code and the Supreme Court in the case of the Georgia Railway Electric Company vs Joyner 120 Ga 905 has held that this statute does not apply to a street railway so as to compel it to stop its cars before crossing a steam railway track The converse of the proposition is equally true that the steam railroad is not required to stop its train before crossing a street railway track I return herein the letter of the Rome Railway Light Co Yours truly James K Hines Attorney for Railroad Commission SHEDS ON FREIGHT DEPOTS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney July 6th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 29th ult file 8754 enclosing complaint of Nixon Grocery Company against the Central of Georgia Railway Company and the Charleston Western Carolina Railway Company and I note that you wish my opinion as to whether you have authority to require railway companies to build sheds to their freight depots The Railroad Commission has power to require the erection of such depots and the establishment of such freight and passenger buildings as the condition 70 of the road the safety of freight and the public comfort and convenience may require Civil Code sec 2189 Under the Candler Act the Commission has power and authority to require railways to erect depots and stations where it deems them necessary and to order the appointment and service thereat of depot or station agents Georgia Laws 1907 p 72 Under Section 6 of the Candler Act the Commission has authority to require all common carriers and other public service companies under their supervision to establish and maintain such public service and facilities as may be reasonable and just either by general rules or by special orders in particular cases Georgia Laws 1907 p 72 If in the opinion of the Commission the erection of sheds to the freight depots of these railways are reasonably necessary taking into consideration the condition of the companies and all surrounding circumstances you have the power and authority in my opinion to require their erection Yours truly James K Hines Attorney for Railroad Commission FREE TRANSPORTATION OF PERSONS ENGAGED IN CHARITABLE OR ELEEMOSYNARY WORK Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney July 20 1909 Railboad Commission of Geobgia Atlanta Ga Gentlemen File 7333 Your letter of the 24th utt enclosing the above file came duly to hand and I note that you wish my opinion upon the right of the Louisville Nashville Railroad Company to issue free transportation to Mr George W Andrews who is the Sunday School Secretary of the Board of Missions of the Georgia Baptist Convention and states in his letter to the Third Vice President of that Company that he devotes his entire time to the promotion of Bible Study among the Baptist people in the State of Georgia When I dealt with this matter in my opinion of May 3d last it appeared that Mr Andrews was Secretary of the Blue Ridge Chautauqua Assembly I then held that as such Secretary he was not entitled to free transportation over the railroads of this State Under the Hepburn Act free transportation can be granted to persons exculsively engaged in charitable eleemosynary work Is the work in which MrAndrews is engaged charitable and eleemosynary In a strict sense charitable and eleemosynary work consists in dispensing alms 71 or bounty but in its broadest sense includes all good work done by a person to his fellow man without compensation The Interstate Commerce Commission has had this matter before it and upon this subject says The Courts have been consistently liberal in giving construction to the words charitable and eleemosynary and we see no reason for being unduly narrow in interpreting these words as found in the Act A charitable institution is one which is administered in the public interest and in which the element of private gain is wanting This distinction is broad enough to include hospitals alms houses orphanages asylums and missionary societies This enumeration is not intended to he exclusive It is only representative It is important to note that such an institution does not necessarily lose its charitable character by reason of the fact that it is under the management of a particular denomination or sect or because a charge is collected from some or all of those who enjoy its privileges It is only necessary that it be conducted in the public interest and not for private gain In the Matter of Passes to Clergymen and Persons Engaged in Charitable Work 15 Int Com Commission Reports p 45 One of the instances cited by the Interstate Commerce Commission as falling within the definition of charitable and eleemosynary work is Missionary Societies A person devoting himself exclusively to this work is doing such charitable and eleemosynary work as entitled him to a pass under the Hepburn Act and the construction put thereon by the Interstate Commerce Commission So I hold that the Louisville Nashville Railroad Commission can grant free transportation to Mr Andrews So I return herein the file in this matter I Yours truly James K HInes Attorney for Railroad Commission FREE TRANSPORTATION BY EXPRESS COMPANIES OF PROPERTY OF RAILROAD OFFICIALS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney July 28th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 7333 Your letter of the 14th ult enclosing the papers in the above file came duly to hand I requested the return of this file in order that I might make some changes in the opinion which I gave you on May 27th last I note that the Southern Express Company gave to Mr J W Oglesby Presi 72 dent of the South Georgia West Coast Railway a frank for the transportation of his personal packages over its lines and Mr Oglesby wishes to know if it is legal for him to use this frank It is made by law the duty of the Railroad Commission of Georgia to make just and reasonable rules and regulations as may be necessary for the preventing unjust discrimination in the transportation of freight Code Section 2189 in pursuance of this duty you passed General Order No 4 in which it is provided that it shall be unlawful for any railroad company express company or any other carrier of freight subject to the jurisdiction of the Railroad Commission of Georgia to transport from one point to another in this State any article Dr articles or merchandise or freight of any kind free of charge except such articles or commodities as may be necessary and intended for its own use in the conduct of its business as a common carrier There are some exceptions to this general rule but Mr Oglesby does not fall within any of the exceptions In my opinion it would be illegal for Mr Oglesby to use this frank The issuing of franks by an express company to the officers agents attorneys or employes of a railroad company is within the prohibition of the Interstate Commerce Act and amendments thereto against discrimination undue preference and departure from public schedule of rates and is unlawful 22 Annual Reports Interstate Commerce Com 1908 page 75 161 Federal Rep 606 The decision in the 161 Federal Reporter was based upon the Courts interpretation of the Hepburn Act which was intended to prevent unjust discriminations in the transportation of freight While the Railroad Commission of Georgia has not adopted the provisions of the Hepburn Act as to the transportation of freight it has promulgated its own order based upon the statute of Georgia This order in my opinion makes it unlawful for an express Company to grant to the President of a railroad company a frank for the free transportation of his personal packages I return herein the file in this matter Yours truly James K Hines Attorney for Railroad Commission 73 STOPPING INTERSTATE TRAINS AT STATIONS IN GEORGIA Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney August 11th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 8824 I have your letter of the 6th instant in which you wish me to furnish you an opinion as to the authority of the Railroad Commission to require railway companies to stop their interstate trains at flag stations in thib state This question has been before the Supreme Court of the United States in a number of cases and your authority to order such stops in the absence of congressional legislation is recognized whenever the facts and circumstances render such an order necessary and proper I will briefly refer to some if not to all the cases which have been passed upon by the Supreme Court of the United States A statute of Illinois which required the Illinois Central Railroad to stop its fast mail train from Chicago to New Orleans at Cairo in the State of Illinois which was a county seat was held unconstitutional as the Company had made adequate accommodations by other trains for intrastate passengers to and from Cairo Illinois Cen R R Co vs Illinois 163 U S 142 A statute which provides that a railroad company should cause three of its trains each way if so many were run daily Sundays excepted to stop at a station containing over 3000 inhabitants was valid in the absence of legislation by Congress on the subject Lake Shore etc Ry Co vs Ohio 173 U S 285 A state statute which required all regular passenger trains to stop at county seats was invalid when applied to an interstate train intended only for through passengers from St Louis to New York when it appeared that the railroad company furnished sufficient trains to accommodate all the local through business in the State and where such trains stopped at county seats Cleveland etc Ry Co vs Illinois 177 U S 514 The Supreme Court of the United States declared an order of the Railroad Commission of Mississippi requiring the Illinois Central Railroad to stop its trains from Chicago to New Orleans at Magnolia a county seat void when the company was furnishing all proper and reasonable facilities to the citizens of that State and the Court says While a state railroad commission may in the absence of congressional legislation order a railroad company to stop interstate trains at stations where there is only an indirect interference with interstate commerce based on a legal exercise of the police power of the State exerted to secure proper facilities for the citizens of the State where the railroad company 74 hasas in this case furnished all proper and reasonable facilities such an order is an improper and illegal interference with interstate commerce and void as a violation of the commerce clause of the Constitution Mississippi R R Com vs Illinois C R R 203 U S 336 Any exercise of state authority whether made directly or through the instrumentality of a commission which directly regulates interstate commerce is repugnant to the commerce clause of the Federal Constitution and so held as to stopping of interstate trains at stations within the State already adequately supplied with transportation facilities Atlantic Coast Line vs Wharton 207 U S 328 The Commission has authority to order interstate trains stopped at stations where adequate or reasonable facilities are not afforded the citizens of this state It would require a stronger case to authorize the stopping of a train at a flag station than at a regular station The fact that the stop would he at a flag station would be a strong circumstance against ordering an interstate train topped there but if adequate or reasonable facilities were not furnished at a flag station the Commission would have the authority to require such stops The fact that a train is only intended for through passengers may be considered Cleveland etc Ry Co vs Illinois 177 U S 514 The fact that the company has contracts to transport the mails of the United States within a time which requires great speed for the train carrying them while not conclusive may still be considered upon the general question of the propriety of stopping such trains at certain stations within the boundaries of a State Miss R R Com vs 111 Cen R R 203 U S 345 The term adequate or reasonable facilities is not in its nature capable of exact definition It is a relative expression and has to be considered as calling for such facilities as might be fairly demanded regard being had among other things to the size of the place the extent of the demand for transportation the cost of furnishing the additional accommodations asked for and to all jother facts which would have a bearing upon the question of convenience and cost Atlantic Coast Line vs Wharton 207 U S 335 The fact that a train is not engaged exclusively in carrying through passengers but also accommodates local travel may well be considered The Commission can not directly burden interstate commerce by ordering interstate trains stopped at stations if such stations are supplied with adequate or reasonable facilities But it can order interstate trains stopped at stations not so supplied in the absence of congressional legislation upon the subject In any given case the Commission must decide this question from all the facts and circumstances surrounding the particular locality Yours truly James K Hines Attorney for Railroad Commission 75 ISSUANCE OF BONDS SECURED BY COLLATERAL TRUST MORTGAGE Railroad Commission of Georgia Office of Special Attorney to Commission James K Hines Special Attorney Atlanta August 14th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File No 8917 In re Application of Atlanta Power Company for authority to issue stock In re Application of Georgia Power Company for authority to issue stock and bonds I have your letter of the 13th calling my attention to the opinion which you wish in these matters As I understand it you wish an opinion upon the question whether you have the authority to authorize the issuance of bonds secured by a collateral trust mortgage The provision for the approval by the Commission for the issuance of bonds stocks notes or other evidences of indebtedness by the companies subject to its jurisdiction is found in section 8 of the Act of August 23d 1907 By the provision in this section it is made unlawful for any company or corporation subject to the jurisdiction of the Commission to issue stocks bonds notes or other evidences of indebtedness payable more than twelve months after date except when approved by the Commission and then only when necessary and for such amount as may be really required for the acquisition of property the construction and equipment of power plants oar sheds and the completion extension or improvement of its facilities or property or for the improvement and maintenance of its service or for the discharge or lawful refunding of its obligations or for lawful corporate purposes falling within the spirit of this provision Georgia Laws 1907 page 87 section 8 of the CandlerOverstreet Act Under what circumstances or for what purposes can the Commission approve the issuance of stocks bonds notes and other evidences of indebtedness of the companies or corporations subject to its jurisdiction In the first place the issuance of these securities must be necessary and in the second place the amount thereof must be really required for the purposes for which they can be issued Under the act of August 23d 1907 stocks bonds notes or other evidences of indebtedness to run longer than one year may be issued by these companies for the following purposes towit 1 For the acquisition of property 2 For the construction and maintenance of power plants and car sheds 3 For the improvement and maintenance of said companies 4 For the discharge and for the lawful refunding of their obligations 5 For lawful corporate purposes falling within the spirit of this said act These are the purposes for which the Commission can approve the issuance of these securities The first purpose above for which these securities can be 76 issued is the acquisition of property This includes all kinds of property It embraces stocks and bonds as well as other personal property or real estate In my opinion the Candler act was not intended to change or limit the modes of conveyance to secure the issuing of bonds or to limit or circumscribe the kinds of property which could be embraced in mortgages or deeds of trust to secure bond issues by Georgia corporations The application of the Georgia Power Company is for the issuing of secur ties with which to purchase and consolidate three other companiesthe Atlanta Power Companythe Etowah Power Companyan dthe North Georgia Electric Company If the effect of these various contracts by which this scheme is to be carried out has the effect or is intended to have the effect to defeat or lessen competition or to encourage monopoly then the Commission would not have the authority to authorize the issuance of these stocks and bonds Article 4 section 2 paragraph 4 of the Constitution of Georgia Civil Code section 5800 This is a mixed question of law and facts and it must be determined by the Commission upon the investigation already made into this matter In my opinion the Commission has the authority to approve the issuing of the bonds applied for by the Georgia Power Company to be secured by deed of trust to the properties which they seek to acquire or to be secured by a collateral trust deed embracing the securities of the other companies or any part thereof provided this consolidation does not violate the provision of the state Constitution against contracts lessening competition or creating a monopoly I do not undertake to pass upon the expediency or propriety of the issuing of these stocks and bonds but simply give an opinion upon the matter to which as I understand it you have called to my attention If it should appear that the interests of the minority stockholders are involved in this reorganization scheme then in my opinion the Commission should carefully scrutinize the propriety and expediency of authorizing the issuing ofthe stocks and bonds for which these applicants apply Yours truly James K Hines Attorney for Railroad Commission REFUSAL OF RAILROADS TO OBSERVE ROUTING INSTRUCTIONS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney August 2dth 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 8961 I have your letter of the 25th Instant enclosing the papers In the above stated file it appears that Mr Snelgrove shipped a car of melons from Ideal Georgia over the Atlanta Birmingham Atlantic Railroad consigned to himself at Oglethorpe Georgia with instructions for the delivery of same to the Central of Georgia Railway Company to be carried to Atlanta Georgia It further appears from your letter that the Atlanta Birmingham Atlantic Railroad Company refuses to turn over this car to the Central of Georgia Railway Company at Oglethorpe Upon this state of facts you ask me to advise what action should be taken against the Atlanta Birmingham Atlantic Railroad Company for a violation of the rules of the Commission and especially freight rule 3 In 1874 the Legislature passed an Act as follows All railroad companies in this State shall at the terminus or any intermediate point be required to switch off and deliver to the connecting road having the same gauge in the yard of the latter all cars passing over their lines or any portion of the same containing goods or freights consigned without rebate or deception by any route at the option of the shipper according to customary or public rates to any point over or beyond such connecting road and any failure to do so with reasonable diligence according to the route by which such goods or freights are consigned shall be deemed and taken as a conversion in law of such goods or freights and shall give a right of action to the owner or consignee of the value of the same etc Civil Code Sec 2212 This statute was clearly intended to meet a case like the present one but the Supreme Court of Georgia in construing this statute has virtually destroyed the legislative intention The Supreme Court says The requirement of the statute that the Company shall at its terminus or any intermediate point switch off and deliver to the connecting road having the same gauge all cars passing over the lines of the former or any portion of the same containing goods or freights consignedto any point over or beyond such connecting road means that if the initial company receives cars from another line consigned to a point beyond its terminus it shall deliver them to the connecting road running to that point but there was no intention to compel one company to furnish its own cars to another without any compensation for their use Coles vs C of Ga R R 86 Ga 252 This construction extracted all the milk form the cocoanut and left nothing but the rind Freight Rule 3 does not seem broad enough to cover this case It requires connecting railroads to promptly receive from and deliver to each other all freight intended to pass over their respective lines and provides that no railroad shall prevent delay or obstruct either by act of omission or commission the prompt interchange of such freight This rule requires the delivery of freight and does not seem broad enough to require the delivery of the car of the initial railroad together with the freight I do not deem it necessary to go into the question whether the Legislature or the Commission would have the right to require railroads to furnish their rolling stock beyond the termini of their own roads The Commission it seems to 78 me has not yet gone so far in the promulgation of its rules and for this reason it is unnecessary to discuss that question In my opinion the Atlanta Birmingham Atlantic R R Co has not violated Freight Rule 3 it not appearing that they refused to deliver this freight at Oglethorpe to the consignee but only refused to turn over its car containing this freight to the Central of Georgia Railway Company to be carried to Atlanta I return herein the file in this matter Yours truly James K Hines Attorney for Railroad Commission SEPARATION OF RACES IN PASSENGER CARS WHERE OFFICERS WITH NEGRO PRISIONERS MUST RIDE Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney August 30th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 8942 Your letter of the 13th instant enclosing letter of Mr W W Beard Sheriff of Clay County in which he complains that a conductor on the Atlantic Coast Line R R Company compelled him while in charge of a negro prisoner to leave the white smoker on train No 96 from Tifton to Albany and take himself and his negro prisoner into the negro smoker and I note that you wish my opinion upon the question thus raised This is a hard nut to crack It presents a delicate question for discussion It is a new and unexpected phase of the ever recurring race problem which is continually bobbing up and like Banquos ghost will not down The railroads in this State shall furnish equal accommodations in separate cars or compartments of cars for white and colored passengers but this does not apply to sleeping cars Civil Code section 2269 Conductors and employs in charge of such cars are required to assign all passengers to respective cars or apartments provided by said companies under the provisions of the above sections Civil Code Sec 2270 Any passenger remaining in any car apartment or seat other than that to which he may have been assigned is guilty of a misdemeanor and the conductor and all employes on such cars are clothed with power to eject from the train or car any passenger who refuses to remain in such car apartment or seat as may be assigned him Civil Code 2371 79 Sleeping ear companies and railroad companies operating sleeping cars have the right to assign all passengers to seats and berths under their charge and shall separate the white and colored races in making said assignment Conductors and other employes of the train of cars to which said sleeping car or cars may be attached shall not permit white and colored passengers to occupythe same apartments Any passenger remaining in any apartment other than that in which he may be assigned is guilty of a misdemeanor but sleeping car companies or railroads operating sleeping cars are not compelled to carry persdns of color in sleeping or parlor cars Georgia Laws 1899 page 66 The purpose of the above enactments is plain It requires separate cars or apartments for white and colored passengers It gives conductors full power to secure their separation But the above enactments do not cover the case in hand Here a white sheriff has a black prisoner and they can not be separated They are compelled to travel together Doubtless the negro prisoner would be perfectly willing to travel without his white companion but the white companion is unwilling to travel out of the presence of his black prisoner If he did there would doubtless be a complete separation between the sheriff and prisoner Officers or employes having charge of such railroad cars shall not allow white and colored passengers to occupy the same car or apartment and for the violation of this section any such officer or employee shall be guilty of a misdemeanor Civil Code Sec 2373 If we stick to the letter of this law a white sheriff with a negro prisoner can not ride at all in the same car or apartment but this would be sticking in the dark A white sheriff with a negro prisoner has the right to ride in the cars of the railways of this State but he must submit to reasonable rules and regulations of the carrier This law of separation of the races in transportation must be given effect as far as possible according to its evident purpose and intent Wherever a sheriff with a negro prisoner rides he always has a negro by his side In discharging the duties of his office he can not be separated from his prisoner He is bound to have this negro companion wherever he rides If he should ride in the coach for white people all travelers therein would be subject to the obnoxious presence of the negro prisoner Many including women and children would be subject to such annoyance It is well known that the criminals of the negro population are the dirtiest and foulest of the race If the white sheriff rides with his negro companion in the negro car he alone Will be subject to the annoyance and unpleasantness arising from traveling in this car He would be subject to a part of the annoyance wherever he might nde The maxim The greatest good to the greatest number would seem to aPply and come into play In making its rules and regulations for the carriage of passengers the carrier can well apply this maxim nr statutes upon this subject present a queer anomaly White and colored 80 passengers are not allowed to ride in the same coaches hut they can occupy the same sleeping cars The law does not admit negro passengers to even ride in separate seats in the regular passenger coaches but it does permit white and colored passengers to sleep in adjoining apartments in the same coach It might be a happy solution for sheriffs with negro prisoners to take passage in the sleeping cars lit is true that the railroads may have the right to forbid them to ride therein but the law does not In my opinion the railroads of the State have the right to assign sheriffs with negro prisoners to seats in the negro car I return herein the letter of Mr Beard Yours truly James K Hines Attorney for Railroad Commission FREE TRANSPORTATION OF CONTRACTORS INSTALLING SAFETY APPLIANCES ON RAILROADS Railroad Commission of Georgia Office of Special Attorney to Commission James K Hines Atlanta Special Attorney September 1st 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 8965 Your letter of the 28th ult enclosing letter of Mr William Davidson touching free transportation came duly to hand It seems that Mr Davidson has patented a mail crane and wishes to know whether the railroads in Georgia can grant free transportation while putting up these mail cranes in Georgia In dealing with a similar question the Interstate Commerce Commission has made this ruling To entitle a person to free or reduced transportation under the Act he must be in the service of the common carrier in such sense that his chief occupation and paramount daily duty is to look after its affairs in the capacity in which he is employed Under this ruling Mr Davidson would not be entitled to free transportation for all purposes over railroads in this State If he were employed for the purpose of putting up these mail cranes by a railroad in this State such railroad could give him free transportation over its line while so employed for the purpose of enabling him to attend to the subject matter or business in hand but such passes could only be given by the road so employing him and for the sole purpose of enabling him to do this work Of course the employment would have to be bona fide and the transportation limited to the discharge of the work of putting up these cranes foT the railroad 81 employing him so to do There could be no interchange of passes by different railroads for such an employe In other words a railroad could grant to Mr Davidson trip passes over its line while he is actually traveling on said railway for the purpose of putting up these cranes hut for no other purpose Yours truly James K Hines Attorney for Railroad Commission PREPAYMENT OF FREIGHT CHARGES DEMANDED BY RAILROAD COMPANIES Railroad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney September 14 th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 8957 Your letter of the 3d instant enclosing the above file containing papers touching the refusal of the WadleySouthem Railway Company to receive freight from the Macon Dublin Savannah Railroad Company unless the freight is prepaid came duly to hand It appears from the correspondence in this case that the Wadley Southern Railway Company declines to receive freight shipped by the Macon Dublin Savannah Railroad Company to Rockledge where these two railroads connect from the latter company unless the freight on the goods so shipped is prepaid A common carrier holding himself out to the public as such is bound to receive all goods offered that he is able and accustomed to carry upon compliance with such reasonable regulations as he may adopt for his own safety and the benefit of the public Civil Code Sec 2278 Under his power to make reasonable regulations for the transportation of freight the carrier may make prepayment of freight a condition precedent to its transportation 6 Cyc 374 Illinois Central Railroad Co versus Frankinburg 54 Illinois 68 Wilder vs St Johnsbury etc R Company 66 Vermont 636 So ordinarily a carrier can demand prepayment of freight from a shipper or connecting railway It is made the duty of all railroad companies in this State at their termini or any intermediate points to receive from their connections having the same gauge cars containing freight consigned to any points on the roads to which the same is consigned and to transport the cars to their destination with reasonable diligence L Civil Code Sec 2302 82 By freight rule 3 of the Commission all connecting railroads in Georgia shall promptly receive from and deliver to each other all freight intended to pass over their respective lines or parts thereof in order to reach its destination and no railroad shall prevent delay or obstruct either by act of omission or commission the prompt interchange of such freight to the end that the transportation and delivery thereof to the consignee may be accomplished with the greatest practicable dispatch This duty must be discharged without unjust discrimination It is made the duty of the Commission to make such just and reasonable rules and regulations as may be necessary for preventing unjust discriminations in the transportation of freights and passengers on the railroads in this State Civil Code Sec 2189 In pursuance of this power the Commission has enacted General Rule No 2 which requires the several railroad companies in this State in the conduct of their intrastate business to afford all persons equal facilities in the conduct of such business without unjust discrimination in favor of or against any but wherever special facilities are offered to one patron such company shall be bound to afford to aqy other patron or patrons under substantially similar circumstances like facilities upon like rates If the WadleySouthern Railway Company receives freight from other connecting lines than the Macon Dublin Savannah Railroad Company without prepayment of freight and gives to shippers over these other connecting lines facilities which are denied the shippers over the Macon Dublin and Savannah Railroad Company this in my opinion would be an unjust discrimination and would be a violation of the laws and your rules It is true that the railroad company has the right to prefer one connection to another in the absence of instructions from the shipper The WadleySouthern Railway Company can make the Central of Georgia Railway Company its preferred connection While this is true it can not subject shippers over other lines to unjust discrimination In my opinion it would be Well for the Commission to have a formal and full hearing of this matter in order to determine whether the Wadley Southern Railway Company permits shippers over the Central of Georgia Railway Company to have their freight transported without prepayment of freight The excuse set up by the WadleySouthern Railway Company forvits discrimination against the Macon Dublin Savannah Railway Company does not seem to me to be a valid excuse for discriminating against shippers over the Macon Dublin Savannah Railroad Company Yours truly James K Hines Attorney for Railroad Commission 83 JURISDICTION OF COMMISSION OVER CANAL COMPANIES Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney September 29th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File 9010 I have your letter of the 28th instant enclosing letter from Hon Charles G Edwards in reference to the Savannah Altamaha Ogeechee Canal Company and I note that you wish my opinion as to your authority to act in the premises lit appears that this Company has long failed to operate and maintain its canal which is sixteen miles in length and which connects the Ogeechee and Savannah Rivers entering the latter river at Savannah Congressman Edwards asks you to make an investigation of this matter and take such action in the premises as is necessary and proper It is his wish that the canal be again opened and he expresses a hope that the State will take this canal in control and operate it What powers has the Railroad Commission of Georgia in the premises In my opinion you have no jurisdiction over this matter The companies over which you have supervision are named in the Act of August 22nd 1907 You have general supervision of all common carriers railroads express corporations street railroads railroad corporations or companies dock or wharfage corporations or companies terminal or terminal station corporations or companies telephone and telegraph corporations or Companies within this State gas or electric light and power companies within this State and cotton compress companies Taking it for granted that the caption of this Act is broad enough to include Section six thereof you have supervision over all common carriers and in addition you have general supervision over the other companies named in this Act You further have all power and authority to require all common carriers and other public service companies under your supervision to establish and maintain such public service and facilities as may be reasonable and just So if you have supervision over the Savannah Ogeechee Canal Company you could require this Company to render the services for which it was chartered Our Supreme Court has dealt with the status of this Company and has held that According to the charter of the canal company Dawsons Comp 90 et seq and amendments thereto Acts of 1831 p 200 of 1837 p 214 of 1847 p 141 of 184950 p 206 the business of the incorporation is to maintain and keep open a water way for the use of the public taking tolls for such use In the light of the charter and of the evidence the Company is not a carrier It is not oagaged in the business of transportation It furnishes nothing but the water upon which the commerce of the canal floats Its servants render no assistance Y 84 In the actual work of navigation and it assumes no custody or control of the property which enters the canal and passes over or through it Watts Brother vs The SavannahOgeechee Canal Co 64 Georgia 889192 Under this decision this canal company is not a common carrier and it does not fall among any class of companies designated in the Act of August 22nd 1907 So in my opinion the Railroad Commission of Georgia has no supervision and jurisdiction over this Company and can not require it to carry out the business and render the service to the public for which it was chartered It appears from the letter of Congressman Edwards that this Company has fallen asleep has become entirely dormant and does not keep its canal in a navigable condition At the June Term 1892 of the Superior Court of Chatham County a mandamus absolute was granted requiring this Company to keep its canal in navigable condition The case was taken to the Supreme Court of Georgia and that Court held that the charter of this Company required it to keep its canal in a navigable condition and that performance of this duty could be compelled by mandamus Savannah Ogeechee Canal Company vs Shuman 91 Ga 400 In this case it was alleged that the Company had no funds with which to keep its canal in repair The Supreme Court held that this ip not a good reason for refusing to make the mandamus absolute but that this would be a good reason for not holding the officers of the company in contempt for not carrying out the order of the Court The Supreme Court says While it is quite certain that if the Company has no funds nor any means of obtaining them and remains permanently in this condition compliance with the Judges final order will be impossible so far as the corporation itself is concerned The officers of the Company may be able to find some way to raise money to obey the mandate of the Court At any rate they should make a bona fide effort to do so If because of the want of means they can not comply with the writ and if after due diligence they remain unable to procure the necessary means for this purpose and make these things appear to the Court in any proceeding for contempt which may be instituted against them we apprehend the presiding judge will take great care to see that no injury or hardship was imposed upon them and certainly would not inflict punishment for failure to do a thing impossible of accomplishment As it appears from Congressman Edwards letter that this Company is not keeping its canal in a navigable condition it may be presumed that the funds were not forthcoming and that the mandamus granted in the above case was not effective It may be that hostile interests have acquired the stock of the canal and do not wish to have this canal operated In that event its charter could be forfeited by proper proceedings and its property sold In that event it might fall into the hands of people who could and would restore this ancient canal and thus add to the commercial importance of the City of Savannah of which all Georgians may well feel proud 85 Speaking for myself individually I heartily endorse the suggestion of Congressman Edwards that the State take control and operate this canal This might he the entering wedge for a system of canals in South Gorgia which would he of incalculable advantage to the State The operation of this canal in connection with the Ogeechee River would be of great advantage to the City of Savannah It might be well for the Commission to recommend to the Legislature the passage of a law which would put under its jurisdiction the canals of the State I return herein the letter of Congressman Edwards Yours truly James K Hines Attorney for Railroad Commission JURISDICTION OP COMMISSION OYER STEAM BOAT LINES Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 12th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 11th instant in which you wish to know if steam boat lines are subject to your jurisdiction A steam boat undertaking to transport goods for a compensation and who pursues the business constantly and continuously for any period of time or any distance of transportation is a common carrier Code Sec 2263 and 2264 Is a steam boat which does business as a common carrier subject to the jurisdiction of the Railroad Commission of Georgia By section six of the Act of August 22nd 1907 which enlarged the power of the Commission the Commission has general supervision of all common carriers railroads express corporations or companies street railroads railroad corporations or companies dock or wharfage corporations or companies terminal or terminal station corporations or companies telephone and telegraph corporations or companies within this State or gas or electric light and power companies within this State The expression general supervision of all common carriers is broad enough to cover steam boats doing business as common carriers But to apply this construction to this expression in Section 6 of tills Act would make the Act contain matter different from what is expressed in the title thereof The caption of this Act is An act to increase the membership of the railroad Commission to extend its powers and jurisdiction over docks and wharves S6 terminal companies cotton compress companies corporations or persons owning leasing or operating railway terminal or terminal stations and telephone and telegraph corporations or companies or persons owning leasing or operating any public telephone service in this State and over street railroads and street railroad corporations companies or persons owning leasing or operating street railroads in this State over gas and electric light and power companies corporations or persons owning leasing or operating public gas plants and electric light and power plants furnishing power to the public etc Thus the caption of this Act in naming and defining the new public service companies over which the jurisdiction of the Commission is extended does not name steamboats or steamboat companies Now to construe section six as embracing steamboats or steamboat companies and doing business as common carriers would make the body of the Act contain matter different from what is expressed in the title thereof and would be in violation of Article 3rd Section 7 paragraph 8 of the Constitution of this State which declares that no law or ordinance shall contain matter different from what is expressed in the title thereof So I am of the opinion that the Commission has not jurisdiction over steamboat lines Yours truly James K Hines Attorney for Railroad Commission JURISDICTION OIF COMMISSION OVER STOCK AND BOND ISSUES BY CORPORATIONS WHOSE PROPERTY LIES PARTLY IN GEORGIA AND PARTLY IN ANOTHER STATE Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 14 th 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen Pile 9044 I have your letter of the 7th instant enclosing the papers in the above file and note that you wish my opinion upon the question presented by the petition of the Chattanooga Railway Light Company It appears that this Company is a Tennessee corporation operating an interstate street railway In this opinion I assume that Section eight of the Act of October 23rd 1907 is constitutional and that it does not violate the Constitution of this State and is not in derogation of the Interstate Commerce clause of the Federal Constitution On these questions I do not express any opinion By the caption of this Act the powers and jurisdiction of the Commission is 87 extended over railroad corporations companies or persons owning leasing oi operating street railroads in this State By section five of this Act the powers and duties conferred before its passage by law upon the Railroad Commission are extended and enlarged so that its authority and control shall extend to etreet railroads and street railroad corporations companies or persons owning leasing or operating street railroads in this State By section 6 of this Act it is provided that the railroad Commission of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law and shall have a general supervision of all common carriers railroads express comporations or companies street railroads etc Are the provisions of this Act confined to railroads and street railroads whose lines are built entirely within the State of Georgia I do not think so If this were so the Commission would have no right to fix the intrastate ratesof interstate railroads and street railways This Act clearly gives the Commission jurisdiction over street railroads and street railroad corporations companies or persons owning leasing or operating street railroads in this State The Chattanooga Railway Company owns and operates a street railway in this State Therefore in my opinion it is subject to the jurisdiction of the Commission By Section eight of this Act each of the companies or corporations over which the authority of the Railroad Commission is extended by law shall be required to furnish said Commission a list of any stocks and bonds the issuance of which is contemplated and it shall be unlawful for any of said companies or corporations to issue stocks bonds notes or other evidence of debt payable more than two months after the date thereof except upon the approval of said Railroad Commission I advise that affirmative answers should be given to the petitioner in this case to the four questions propounded in its petition I return herein the file in this case Yours truly James K Hjnes Attorney for Railroad Commission FENCING RIGHTS OF WAY BY RAILROAD COMPANIES Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 15 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File GFO I have your letter of the 14th instant enclosing correspondence with W B Stevens Esquire in which he wishes to know whether the Commission has 88 iower in a proper case made to require a railroad company to maintain fences along its right of way for the prevention of the killing of live stock The Supreme Court has held that there is no duty or obligation on railroad companies in this State to fence their track Collier vs Georgia R R 76 Ga 611 Railway companies are not bound by the common law to fence their roads make cattle guards or any other barrier or enclosure against the intrusion of Jive stock upon their roads 7i A El Ency of L 906 In the case of the Georgia Railroad Banking Company versus Neely 56 Georgia 542 the Supreme Court says Georgia for the most part is unfenced For the purposes of mere transit unenclosed territory is here scarcely less common to things that go upon land as are the high seas to ships and steamers Cattle have generally license to range at large at the will of their owner and with the right of way secured railroad trains may run along their prepared and preestaiblished paths through forest as well as field Corporations are not bound to fence their lines nor farmers to confine their ordinary domestic animals So in this State railway companies have the right to have their rights of ways unfenced according to the common law and the law in this State at the date of the abovementioned decisions Has this law been changed by any statute since the rendition of said decision In my opinion it has not Under Section 6 of the Act of August 22 1907 the Railroad Commission of Georgia has general supervision of all common carriers including railroads This expression is very broad but it only applies it seems to me to the supervision of carriers in those respects in which power and authority are vested in the Commission By the same section the commission has power and authority to require all common carriers and other public service companies under their supervision to establish and maintain such public service and facilities as may be reasonable and just either by general rules or by special orders in particular cases The public service and facilities here referred to are the service for which railroads are chartered towit Transportation of persons and property and the facilities necessary for the rendition of this service In my opinion the Act of August 22 1907 does not confer upon the Commission the right to require the railroads in this State ta fence their rights of way I return herein your file in this matter Yours truly James K Hines Attorney for Railroad Commission 89 BIGHT of telephone companies to construct eine alongside PUBLIC HIGHWAYS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 16 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 14th instant enclosing leettr from Mr J G Dean to Hon O B Stevens in which he wishes to learn just what rights a telephone company has in running its lines along country roads By the Act of August 22 1905 Georgia Laws 1905 page 79 it is provided that Any telegraph or telephone company chartered by the laws of this State or any other State of the United States shall have the right to construct maintain and operate telegraph and telephone lines or both upon under along and over the public highways of this State with the approval of the County or municipal authorities in charge of such highways So with the approval of the County authorities outside municipalities telephone companies have the right to construct their lines along the public highways Without such authority and consent telephone companies would not have the right to erect their lines along the highways of this State 1 return herein the letter of Mr Dean Yours truly James K Hines Attorney for Railroad Commission POWER COMPANIES CONSTRUCTING TRANSMISSION LINES ACROSS RAILWAY LINES Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney October 23 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen I have your letter of the 18th instant enclosing letter from the Wofford Shoals Light Power Company I note that Commissioner Stevens wishes my opinion upon the question as to the jurisdiction of the Commission over the matter brought to his attention in the letter of this Company I gather from the letter of the Wofford Shoals Light Power Company that the dispute between it and tne Southern Railway Company was one over right of way Jt seems that the Wofford Shoals Light Power Company wishes to 90 erect its transmission lines over the railway of the Southern Railway Company This is a matter over which the Commission has no jurisdiction I return herein the letter of this Company which you enclosed to me Yours truly James K Hines Attorney for Railroad Commission EXPIRATION OF AUTHORITY GRANTED BY COMMISSION TO ISSUE STOCK AND BONDS ACCOUNT NONUSER Railroad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney October 30 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File CFO I have your letter of the 25th instant in which you wish my opinion on the question wnether an approval by the Commission of a stock or bond issue of a corporation subject to its jurisdiction does not expire or become subject to revocation by the Commission for nonuser within two years or some other period of limitation By the eighth section of the Act of Aguust 22nd 1907 it is made unlawful for any of said companies or corporations to issue stocks bonds notes or other evidences of debt payable more than twelve months after the date thereof except upon the approval of said Railroad Commission It is further provided in said section that the decision of the Commission is to be final to the validity of the issues It is also provided in this section that before issuing such stocks bonds notes or other evidences of debt above mentioned such corporations or companies shall secure an order from the Commission authorizing such issue the amount thereof and the purpose and use for which the issue is authorized This Act is silent as to the time in which these companies shall exercise the authority granted by orders of the Commission authorizing the issuing of stocks or bonds In the absence of such provision I think that these companies have the right to exercise such power during the life of their charters These companies may forfeit their charters by a misuser or nonuser of their franchises but their dissolutions date only from the judgment of a court of competent jurisdiction declaring the forfeiture Code Sec 1883 Par 2 All the powers and privileges and certificate of incorporation of any railroad company in this State shall cease and determine after the expiration of two years from the date of said certificate if at the expiration of two years from the date of said certificate said company has not construed equipped and oper 91 ated fifteen miles of its road or the entire road if the same be of less length than fifteen miles Code Sec 2156 By an amended act the Secretary of State for good cause shown can grant an extension of two years for these purposes Georgia Laws 1903 p 34 In my opinion an order of the Commission authorizing the issuing of stocks and bonds by a railroad company which fails to build and operate fifteen miles of its railway within two years from the date of its charter would cease to be effective and operative If the Secretary of State should extend the time two years for such purpose then the order of the Commission would be of force and effect during the extended period Unless the charter of the company is terminated by express provision therein or by some general act under which it is chartered or unless its charter is forfeited by the judgment of a Court of competent jurisdiction such company would have the right to exercise the authority granted by the Commission in an order authorizing the issuing of stocks and bonds So in my opinion the Commission has not the authority to revoke such order for the mere nonuser of the authority therein conferred during the life of the charters of such company Yours truly James K Hines Attorney for Railroad Commission RIGHT OF PASSENGERS TO RECOVER DAMAGES IN CASES OF EJECTION Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 8th 1909 Railboad Commission of Georgia Atlanta Ga Gentlemen I received your letter of the 11th ult in reference to the Travis Safety Ticket and in which you wish my opinion as to what effect the approval of this plan by the Commission would have upon the rights of passengers to recover damages in cases of ejection This ticket has attached to it a passenger coupon which is to be surrendered to the passenger when the ticket is surrendered to the conductor and the passenger is required to hold this coupon in his possession from starting point to destination Whether a regulation of this kind could be enforced depends upon whether it is a reasonable and just one The approval by the Commission of this I 2 plan would have effect in determining this question Certainly the approval of the plan by the Commission would be prima facie proof that the regulation was reasonable and just At last however it would be for the Courts to determine whether the regulation was just and reasonable In this State a carrier of passengers has the right to make reasonable rules and regulations for the conduct of its business in the transportation of passengers Civil Code Sec 2278 Southern Ry Co vs Watson 111 Ga 681 A railroad company has the undoubted right to prescribe such reasonable and just regulations as will enable it to discharge its difficult and responsible duties insure the comfort and safety of its passengers and protect itself from wrong and imposition Hibbard vs Erie R R Co 15 N Y 455 A regulation requiring passengers to show their tickets whenever called upon to do so by the conductor is a reasonable regulation 2 Hutchison on Carriers 3rd Ed Sec 1036 Hibbard vs The Railroad 15 N Y 455 Beebe vs Ayers 28 Barb 275 Steven vs Smith 29 Vt 160 Chicago etc Railway Co vs Horring 57 111 59 Ripley vs Railroad 31 N J Lt 388M Nathan vs Railway Co 25 Ky L R 1700 White vs R R Co 117 Mich 681 Rogers vs R R Co 57 N J 1 703 R R Co vs Scott Tex Civil App 79 S W Rep 642 So a regulation that passengers shall exchange their tickets for train checks is reasonable 2 Hutcheson on Carriers 3rd Ed Sec 1048 So in my opinion a regulation of a railroad company adopting the Travis Safety Ticket and requiring the passenger to keep coupons thereto attached as an evidence of his right to be transported would be a reasonable regulation For a violation of such a regulation the passenger could be ejected from the train and the railway company would not be liable for damages Whether the Commission should approve or authorize such a regulation is a question for its determination alone Still it might be better to authorize the use of such a ticket rather than to require the adoption of the same by the railroad companies of this State Yours truly Jambs K Hikes Attorney for Railroad Commission 93 JURISDICTION OF COMMISSION OVER POWER COMPANIES NOT FURNISHING SERVICE TO THE PUBLIC Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 9th 1909 Railroad Commission of Georgia Atlanta Ga GeIntlemn I have your letter of the 8th instant enclosing copy of letter from Mr Forrest Adair VicePresident of the Atlanta Water Electric Power Company and note that you wish my opinion upon the question of your jurisdiction over this Company By the Act of August 22nd 1907 which increases the membership and powers of the Commission your powers and jurisdiction are extended over electric light and power companies corporations or persons owning leasing or operating public gas plants electric light and power plants furnishing power to the public By section six of this Act you have general supervision of all common carriers railroads express corporations or companies street railroads railroad corporations or companies dock or wharfage corporations or companies terminal or terminal stations or corporations telephone and telegraph corporations or companies within this State gas or electric light and power companies within this State In this section you are given supervision over electric light and power companies within this State and the qualifying clause furnishing power to the pulbic is omitted If this section stood alone you would have jurisdiction over all electric and power companies but when we consider the caption of the Act and the purpose of the Act it is manifest that it was the intention of the Legislature to confer jurisdiction only over such companies as deal with the public So in my opinion the Commission has no jurisdiction over an electric light and power company which does not furnish power or light to the public So if the Atlanta Water Electric Power Company does not furnish light or power to the public the Commission in my opinion has no jurisdiction over It I return herein the letter of Mr Forrest Adair Vice President Yours truly James K Hines Attorney for Railroad Commission 94 JURISDICTION OF COMMISSION OVER ISSUANCE BY RAILROAD COMPANIES OF NOTES DUE TWELVE MONTHS FROM DATE THEREOF Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 16 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File GFP I bave your letter of the 11th instant enclosing letter of H J Quincy Esquire General Counsel OcillaSouthern Railroad Company in which he writes that this Company desires to mortgage its line of road for twenty thousand dollars the mortgage to fall due twelve months from date thereof and in which he wishes to know whether the Commission will require this Company to get its approval of this mortgage before the same can be executed By section eight of the Act of August 22 1907 it is made unlawful for any company over which the authority of the Railroad Commission extends to issue stocks bonds notes or other evidences of debt payable more than twelve months after the date thereof except upon the approval of the Railroad Commission Mr Quincy writes that no bonds will be issued for the twenty thousand dollars the payment of which is to be secured by this mortgage So I take it for granted that this sum will be evidenced by notes or other evidences of indebtedness As this debt is made payable twelve months after date in my opinion this Company will not have to get the approval of the Commission and is authorized by this Act to borrow twenty thousand dollars evidenced by its note or other evidence of indebtedness falling due twelve months from date and secured by a mortgage upon its property without your permission I return herewith the letter of Mr Quincy Yours truly James K Hines attorney for Railroad Commission 95 RIGHT OF RAILROAD COMPANIES TO TRANSPORT ONLY CERTAIN CLASSES OF FREIGHT Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 23d 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen Your letter of the 11th instant enlcosing correspondence with the Mberta Crate Company which operates a tram road from Byromville Georgia to its mill and in which you wish my opinion upon the question whether the Commission has the right to allow railroads to haul certain classes of freight at the same time relieving it from hauling other classes of freight came duly to hand Railroad companies in the several acts creating and defining the powers of the Commission embrace all corporations companies or individuals who own and operate any railroad in this State which shall do business as common carriers upon any of the lines of railroads in this State Civil Code Sec 2199 If a company or individual owning and operating a railroad in this State does not do business as a common carrier the Commission has no jurisdiction over such company or individual and such Company or individual can do anything in the transportation line which he may wish to do So the question arising in this case is whether the Elberta Crate Company does business as a common carrier Any person undertaking to transport goods to another place for a compensation is a carrier and as such is bound to ordinary diligence Civil Code Sec 2263 Every carrier is not a common carrier There are carriers and there are common carriers Now who is a common carrier One who pursues the business of transportation constantly or continuously for any period of time or any distance of transportation is a common carrier Civil Code Sec 2264 To make a person a common carrier he must exercise it as a common employment he must undertake to carry goods for persons generally and he must hold himself out as ready to engage in the transportation of goods for hire as a business and not as a casual occupation pro hac vice Fish vs Chapman Ross 2 Georgia 349 So if this Company does not pursue the business constantly or continuously for any period of time of transporting the articles named in its letter but only does so occasionally for the accommodation of the farmers along its line it would not be a common carrier would not be subject to your jurisdiction and 96 would not be violating the law or rules of the Commission by occasionally doing such hauling If however the Elberta Crate Company owns and operates a railroad and should do business as a common carrier then it would be subject to your jurisdiction and would be liable to shippers as a common carrier This raises the question can a common carrier limit the line of goods which it will transport If it can do this under our law it does not need the sanction of the Commission for this purpose However there would be no impropriety in the Commission giving its sanction to such a course In fact it might be proper for the Commission t do so in order that the public might be fully advised of the character of goods which each common carrier would haul Under the common law a carrier could devote itself to the transportation of particular line or lines of goods Under our Code a common carrier is only bound to receive all goods that he is able and accustomed to carry Civil Code Sec 2278 If this law is still in force in Georgia the Elberta Crate Company could select and designate the character of goods which it would undertake to transport as a common carrier and would not be compelled to carry all goods tendered it for transportation It would only be bound to carry such goods as it is able and accustomed to carry This raises the important question whether Section 2278 of the Civil Code of Georgia has been changed or modified by subsequent legislation The Commission is invested by the Steed Act with full power and authority to make and enforce all such reasonable rules regulations and orders as may be necessary in order to compel and require the several railroad companies in this State to promptly receive forward and deliver all freights of every character whicn may be tendered or received by them for transportation Georgia Laws 1905 p 120 Language could scarcely be broader The Commission is thus required to make and enforce all such reasonable rules regulations and orders as may he necessary in order to compel and require railroad companies in this State to promptly receive carry and deliver at destination all freight of every character which may be tendered them for transportation All freight of every character includes all goods which may be tendered the railroad companies of this State for transportation It seems to me to have been the purpose of the Legislature by this Act to change the rule of the common law and clothe the Commission with power and authority to make the railroads of this State receive all freight tendered them for transportation This seems to be the construction put upon the Steed Act by the Commission The Commission has promulgated Storage Rule 10 which provides that whenever freight of any character proper for transportation whether in carload lots or less is tendered to a railroad company at its customary place forreceiving shipments and correct shipping instructions given such railroad company shall immediately receive the same and issue bills of lading therefor This matter is not free from doubt Repeals of law by implication are not favored Still when the Code says that the carrier is only bound to receive 97 such freight as it is accustomed to transport and a subsequent statute require it to receive forward and deliver all freight of every character it seems to me that the latter statute modifies and changes the Code provision pro tanto So if the Elberta Crate Company owns and operates a railroad and undertakes to do business as a common carrier under the definition above given then in my opinion it would be required to transport all goods and freight of every character tendered it for transportation and the Commission would have no power or authority to permit it to confine its operations to given classes of freight i I enclose herein the file in this case Yours truly James K Hines Attorney for Railroad Commission OPINIONS OF COMMISSION IN MATTERS OVER WHICH IT HAS NO JURISDICTION Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney November 30 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen File GFP I have your letter of the 24th instant enclosing papers in the above file and note that you wish me to furnish you with such information as will enable you to intelligently answer the inquiry therein contained I think it the better practice for the Commission not to undertake to furnish legal opinions upon matters which do not come before it in an official way and touching matters which do not fall within the province of its duties For this reason I do not undertake to furnish an opinion upon the matter inquired about by the Claim and Adjustment Company These matters are usually in the hands of attorneys who represent parties interested and who are able and capable of giving any opinions which may be wanted by their clients While we would be glad to furnish this Company with any information which the Commission ought to give we feel that it would be placing the Commission in the wrong light to undertake to give legal opinions upon matters not coming before it I return herein the file in this matter Yours truly James K Hines Attorney for Railroad Commission 98 AUTHORITY OF COMMISSION TO REQUIRE COMPRESS COMPANIES TO USE WHOLE AND NOT SPLICED OR RIVETED TIES Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney December 10 1909 Railboad Commission of Geobgia Atlanta Ga Gentlemen File 9011 I bave your letter of the 3rd instant enclosing the papers in the above file and note that you wish my opinion upon the question whether you have authority to require compress companies in this State to use whole and not spliced or riveted ties The powers of the Railroad Commission are only such as are expressly granted by the acts of the Legislature creating and defining the powers and duties of the Commission and such implied powers as are necessary to enable the Commission to discharge the duties expressly conferred upon it by statute The powers conferred upon the Railroad Commission are embraced in the Acts of October 14th 1879 October 29th 1889 December 18 1890 August 31 1891 Acts of October 17 1891 October 21 1891 December 22 1896 August 23 1905 August 22 1907 and August 17 1908 These are probably all the Acts conferring power upon the Railroad Commission of Georgia None of these Acts deal with compress Companies except the act of August 22nd 1907 This is an Act among other things to increase the membership of the Railroad Commission of Georgia to extend its powers and jurisdiction over cotton compress companies and for other purposes By section five of this Act it is provided that The powers and duties heretofore conferred by law upon the Railroad Commission of Georgia are hereby extended and enlarged so that its authority and control shall extend to cotton compress corporations or associations and persons or companies owning leasing or operating the same By section six of this Act it is provided that the Railroad Commission of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law and shall have the general supervision of all common carriers railroads express corporations or companies street railroads railroad corporations or companies dock or wharfage corporations or companies terminal or terminal stations corporations or companies telephone and telegraph corporations or companies within this State gas or electric light and power companies within this State It is significant that this section omits entirely cotton compress companies It does not give the Commmission general supervision of those cotton compress companies By section six of this Act the Commission has power and authority to require all common carriers and other public service companies under their supervision 99 to establish and maintain such public service and facilities as may be reasonable and just either by general rules or by special orders in particular cases is this latter power and authority confined to the companies named in this section If so then the Commission can not require compress companies to establish and maintain just and reasonable public service and facilities The power of the Commission to prescribe the kind of ties which compress companies shall put upon compressed cotton bales must be derived from this provision of Section six of the Act of August 22nd 1907 or the Commission has no power and authority to require such service and facilities By Section five of this Act the powers and duties heretofore conferred by law upon the Railroad Commission are hereby extended and enlarged so that ks authority and control shall xtend to cotton compress corporations or associations and persons or companies owning leasing or operating the same By this provision the Commission has over compress companies the powers conferred upon it by laws passed prior to the Act of August 22nd 1907 These powers consisted mainly in the authority to fix rates and prevent unjust discrimination and these were the only powers which were extended over compress companies by section 5 of this Act In other words the only powers given the Commission by this section over compress companies were the powers conferred by law upon the Commission prior to the adoption of the Act of August 22nd 1907 These powers did not embrace authority to require public service companies to establish and maintain reasonable and just public service and facilities The omission of the Legislature to embrace Cotton Compress Companies in the list of companies mentioned in paragraph six of this Act would seem to indicate that it is not the legislative intent to confer this power on the Commission over compress companies It is at least doubtful whether the provision towit To require all common carriers and other public service companies under their supervision to establish and maintain such public service and facilities as may be reasonable and just applies to cotton compress companies If the supervision referred to in Section six only applies to the companies over whom general supervision is given to the Commission under this Section then clearly the Commission has no power to regulate the service and facilities furnished by cotton compress companies By this view the powers of the Commission over compress companies would be confined to prescribing just and reasonable rates charged by cotton compress companies for compression and to the prevention of unjust discrimination by such companies To require cotton compress companies to furnish any particular kind of ties would be the exercise of a doubtful power and for this reason in my opinion the Commission should not exercise such power except in flagrant case of wrong doing in this matter Yours truly James K Hines Attorney for Railroad Commission JURISDICTION OF COMMISSION OVER BAGGAGE TRANSFER AND CAB COMPANIES Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney December 21 1909 Railroad Commission of Georgia Atlanta Ga Gentlemen Your Chairman has requested me to furnish the Commission with an opinion upon the question whether the Atlanta Baggage Cab Company is subject to your supervision and jurisdiction By section 6 of the Act of August 22nd 1907 it is provided that The Railroad Commission of Georgia shall have and exercise all the power and author ity heretofore conferred upon it by law and shall have the general supervision of all common carriers etc As the Atlanta Baggage Cab Company is a common carrier the language of this section towit the general supervision of all common carriers is broad enough to embrace this company and make it subject to your jurisdiction and general supervision But the caption of the Act of August 22nd 1907 is not as broad as the body of the Act It is An Act to revise enlarge and more clearly define the powers duties and rights of said Commission to extend its powers and jurisdiction over docks and wharves terminal companies cotton compress companies corporations or persons owning leasing or operating railway terminals or terminal stations over telephone or telegraphic companies or corporations or persons owning leasing or operating any public telephone service in this State and over street railroads and street railroad corporations companies or persons owning leasing or operating street railroads in this State over gas and electric light and power companies corporations or persons owning leasing or operating street railroads in this State over gas and electric light and power companies corporations or persons owning leasing or operating gas plants electric light and power plants furnishing ower to the public etc Prior to this Act the jurisdiction of the Commission had been confined to persons firms or companies owning or operating any railroads as common carriers Civil Code Sec 2199 to express and telegraph companies Civil Code Sec 2217 These three classes of companies were the only ones sub ject to your supervision In a general way the Act of August 22nd 1907 had in view two great purposes towit first to revise enlarge and more clearly define the powers duties and rights of the Commission and secondly to extend its powers and jurisdiction over other companies and persons than those previously subject to your jurisdiction In effectuating this latter purpose the caption of this act specifically names 101 the new companies and persons over whom your jurisdiction was extended From this enumeration it omits baggage and cab companies It does not embrace all common carriers Now to give to the body of this Act a construction which would give you jurisdiction over all common carriers both those named and those not mentioned in its caption would make this wise and wholesome legislation conflict with Article 3 Sec 7 Par 8 of the Constitution of this State which declares that No law or ordinance shall pass which contains matter different from what is expressed in the title thereof Civil Code Section 5771 In my opinion you have not supervision and jurisdiction over the Atlanta Baggage Cab Company Yours truly James K Hines Attorney for Railroad Commission AUTHORITY OF COMMISSION TO REQUIRE RAILROAD COMPANIES TO ADVERTISE THEIR SCHEDULES Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney December 31 1909 Railroad Commission of Geobgia Atlanta Ga Gentlemen File 7330 I have your letter of the 18th instant in which you wish my opinion upon the several subjects therein referred to 1 Ha the Commission the power to compel railroads entering Atlanta to publish their schedules jointly By Section 6 of the Act of August 22nd 1907 the Commission is authorized to require such publication by common carriers in newspapers of towns through which their lines extend of their schedules as may be reasonable and which the public convenience demands Georgia Laws 1907 page 72 At first I was inclined to the opinion that the Commission did not possess the power and authority to require railroads to publish their schedules jointly After investigation and reflection I am of the opinion that you have this power In the case of the State vs Wrightsville Tennille Railroad Company 104 Georgia 437 it was held that a railroad commission had no power to compel a railroad company to make a contract This decision was based upon the lack of legislative authority in the Commission to require railroads to issue through bills of lading But by the above section of the Act of August 22nd 1907 you bave the authority to require such publication by common carriers in ijiews 1 102 papers of towns through which their lines extend of their schedules as may ibe reasonable and which the public convenience demands Here you have the authority to require the railroads to publish their schedules Then you have the power to require such publication as may be reasonable and which the public convenience demands This is a service and facility which you can require the railroads to furnish the public It is not requiring them to make a joint contract although the rendition of the service may necessitate joint contracts on the part of railroads with publishers It is simply requiring a joint service and facility It often happens that railroad companies must furnish joint services and facilities For instance the Commission has the right to make just and reasonable joint rates for all connecting railroads doing business in this State Civil Code Sec 2189 They are required to deliver all freights to connecting lines Civil Code Sec 2212 This requires the interchange of services and facilities They must sell tickets of connecting roads Civil Code Sec 2299 They are required to put on sale with the agents of other connecting railroad companies their tickets Code Sec 2300 So they may be required to publish their schedules jointly if such publication is reasonable and the public convenience demands it 2 and 4 I deal next with your second and fourth questions Has the Commission the power to compel joint action by railroad companies irrespective of expense and what is the limit of expense beyond which the railroad companies can not be required to go in paying for advertisements Whenever a service and facility is reasonable and necessary the railroad must furnish such service and facility regardless of the expense The matter of expense is one of the factors entering into the reasonableness of any ordr of the Commission requiring a given service or facility The reasonableness of an order with reference to the facts concerning each case must be amaterial if not a controlling factor upon the question of its validity A statute or a regulation provided for therein is frequently valid or the reverse accordingly as the facts may be whether it is a reasonable or unreasonable exercise of legislative power over the subject matter involved Of course the fact that the furnishing of the necessary facility ordered nay ocasin n incidental pecuniary loss is an important criterion to be taken in view in determining the reasonableness of the order but it is not the only one As the duty to furnish the necessary facilities is coterminus with the pc vers of the corporation the obligation to discharge that duty must be considered in connection with the nature and productiveness of the corporate business as a whole the character of the services required and the public need for its performance A C L R Co vs N C Corp Com 206 U S f Wis etc R R vs Jacobson 179 U S 287 103 In other words while the cost of a common service or facility is a very important and controlling factor in determining whether such service or facility is reasonable and necessary still a necessary and reasonable facility or service must be given by the railroads without regard to the cost thereof For instance a railroad company must keep its road way in a reasonably safe condition for travel and it will not be permitted to neglect this important duty because labor and material may be excessively high and the price thereof exorbitant Such a company must furnish vehicles reasonably safe for tl e transportation of passengers and it can not plead as an excuse for failure to perform this duty the cost and expense of buying and providing such vehicles Aantrying that the service or facility is reasonable and that the public necessity demands it then the railroad must furnish such service or facility re gardless of the cost thereof I repeat however that the cost of such facility or service is a potent factor in determining whether the Commission should order the railroads to furnish the same 3 You ask what is the meaning of the following language of Section 2192 of the Code towit And that a rate not to exceed fifty cents per square of usual advertising space when less than a column is occupied This section of the Code requires that the Commission shall publish its schedules in some public newspaper published in certain named cities at a rate not to exceed fifty cents per square of usual advertising space when less than a column is occupied nor more than 1200 a column when so much space as a column is occupied so that said newspaper shall not charge for said advertisement any rate in excess of that allowed for county legal advertising Civil Code Sec 2191 The rates for publishing legal advertisements in this State are for each one hundred words the sum of seventyfive cents for each insertion for the first four insertions and for each subsequent insertion the sum of thirtyfive cents 9 per hundred words Fractional parts shall be charged for at the same rates Civil Code Sec 5461 At first I thought the answer to this last question was an easy one but after looking Into the matter I have come to the conclusion that the matter is involved in considerable doubt Exactly what the Legislature meant by the word square it is somewhat difficult to tell Perhaps the framer of this Act did not have a very clear conception of the matetr I have made diligent inquiry among publishers and printers in the City of Atlanta and have been unable to get from them any very satisfactory information upon this subject This term has become obsolete and is no longer used in reckoning the price of newspaper advertisements The point is now used in such reckoning The State of Ohio undertook to define the term square and there are two legislative definitions of it in that State According to the first a suqare in legal advertisements shall be considered and held to be a space occupied by two hundred and forty ems of the type used in printing advertisements Bates Ann St Ohio 1904 Sec 4369 104 According to the second a square in stated advertisements shall be considered to be the space occupied by three hundred ems of plain solid matter Bates Ann St Ohio Sec 316 Here we have the Legislature of Ohio giving two distinct definitions of this term An em in printing is the square of any size of type 15 Cyc 484 The em was originally a square and such square is the unit of measurements and varies in size as the type varies Hobe vs Swift 58 Minn 8489 It is curious to note that a person dealing by the square could thus get into trouble and litigation A statute of Iowa provided that the rates for advertising should be a given price per square of ten lines of brevier type or its equivalent Parties fell out over the meaning of this language and the Supreme Court of Iowa had to construe it That Court held that a piece of print ing worth as much as a square of ten lines brevier is the equivalent of such space It does not mean that this is the rate for filling the space of ten lines brevier with any kind of type Brown vs Lucas County 94 Iowa 70 Parliament laid a tax on squared plate glass alnd the meaning of the term squared came up before Chief Baron Eyre He said in construing this statute I have no doubt in saying that the Legislature used the word square not in the strict but in the common acceptation confining it to rectangular but not to equilateral figures A G vs Cast Plate Glass Company 1 Amstr 44 The legislature may have used this term in the sense in which it was de fined by distinguished lexicographers Webster defines this term as follows Print A certain number of lines forming a portion of a column nearly squareused chiefly in reckoning the price of advertisements in newspapers Websters International Dictionary 1396 The new Revised Encyclopedia Dictionary defines this word as follows A certain number of lines in a column of nearly equal height and width 4 New Revised Encyclopediac Dictionary page 4413 The Century dictionary defines this word as follows In printing a certain number of lines forming a part of a column nearly square used chiefly in reckoning the price of newspaper advertisements 5 Century Dictionary page 5875 Here we have three recognized authorities agreeing in substance upon the proper definition of this term and I take it for granted that it was used in this sense by the Legislature in the passage of this Act Still these definitions leave us in trouble How near equilateral must the square be According to one of the definitions it must be of nearly equal height and width According to the other two the rectangular must be nearly square 105 The practical construction which has been put upon this Act heretofore has been to pay fifty cents per inch for advertisements How this construction of the Act was reached I have been unable to ascertain This practical construction has adopted an inch in height by a column in width as a square but this does not seem to be nearly square If the above definition of a square is not the sense in which the Legislature used this term then it must have used this word as the equivalent of an em which is the square of any given type Then the square will be larger the larger the type used and smaller the smaller the type used Whatever definition of this terra may be adopted by the Commission the rates paid for advertising can not exceed the regular rates paid for legal advertising which I have given above If you adopt the definition given in the dictionaries a square must be a rectangular figure nearly equilateral If you adopt the definition of the em being the square referred to in this Act then this square means the square made by any given type If the practical definition of the term as heretofore used by the Commission is adopted then the square is an inch in heighth by a column wide The construction put on this Act by the long continued practice of the Commission is entitled to great weight My information is that this construction was put on the Act upon the organization of the Commission and that the Commission has uniformly paid for advertisements at the rate of fifty cents per inch If so it is quite probable that the Legislature used the word square in this sense The first members of the Commission must have known the sense in which the Legislature used this term or they would not have adopted the construction thereof which has been uniformly followed from the date of the organization of the Commission down to the present time if my information is correct Anyway I give the three meanings of this term which I have been able to unearth and the Commission can take its choice of the definitions Where learned doctors disagree I shall not take sides Yours on the square Yours truly Jambs K Hines Attorney for Railroad Commission 106 JURISDICTION OF COMMISSION OYER STOCK AND BOND ISSUES BY CORPORATIONS ENGAGED IN BOTH INDEPENDENT OR PRIVATE BUSINESS AND PUBLIC SERVICE Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney January 11th 1910 Atlanta Ga Railroad Commission of Georgia Gentlemen File 9185 I have your letter of the 5th instant enclosing application of the Kennesaw Paper Company for your approval of an issue of its stock and bonds and note that you wish my opinion as to your jurisdiction in this matter I also have your letter of the 10th instant in which you enclose me the charter of this Company granted by the Superior Court of Fulton County This Company was chartered for the purpose of buying selling and manufacturing paper products made from paper any and all kinds of materials used in connection with such manufacture for the purpose of purchasing selling leasing and operating water sheds water rights water powers and electrical and other powers electric light and gas plants and other light plants By the Act of August 22nd 1907 the Commission has jurisdiction and supervision over gas and electric light and power companies corporations or persons owning leasing or operating public gas plants electric light and power plants furnishing power to the public By Section eight of this Act each of the companies or corporations over which the authority of the Railroad Commission is extended by law shall be required to furnish said Commission with a list of stocks and bonds the issuance of which is contemplated and it shall be unlawful for any of said companies or corporations to issue stocks bonds notes or other evidences of debt payable more than twelve months after the date thereof except upon the approval of said Railroad Commission As this Company proposes to own lease and operate gas and electric light plants it is subject to your jurisdiction if such plants are to be public gas and electric light plants In other words if this Company proposes to operate public gas and electric light plants for the purpose of furnishing gas light or power to the public then it is subject to your jurisdiction and can not under this Act issue its proposed stock and bonds without your approval The fact that it proposes to operate other lines of business over which you have no jurisdiction does not take from you your authority jurisdiction and supervision over the issuance of its stocks and bonds A Company which would be subject to your jurisdiction in conducting a given line of business can not divest you of your authority jurisdiction and supervision ovei it by engaging in another line of business which is free from your supervision 107 In my opinion you have jurisdiction and supervision over the issuance of stock and bonds which this Company proposes to issue Yours truly James K Hines Attorney for Railroad Commission FREE TRANSPORTATION OF CERTAIN CLASSES OF FREIGHTS BY RAILROADS FOR THE PROMOTION OF THEIR OWN INTERESTS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney January 28th 1910 Railboad Commission of Georgia Atlanta Ga Gentlemen File 7334 I have your letter of the 17th instant in reference to the application of the Sandersville Railroad Company for permission to transport free from Sandersville to Tennille all fertilizer manufactured at Sandersville the material for the manufacture of which was carried to Sandersville by said Company and note that you wish my opinion upon your authority to grant this application It is made a penal offense by the laws of this State for any railroad corporation to make any unjust discrimination in its rates and charges for the transportation of freights of any description Civil Code Sec 2188 It is likewise made your duty to make such just and reasonable rules and regulations as may be necessary for preventing unjust discrimination in the transportation of freight on the railroads in this State Civil Code Sec 2189 In pursuance of this authority the Commission has adopted General Rules 2 and 3 The first of these rules require railroads to furnish equal facilities without unjust discrimination to all persons The second provides that if a less rate be charged to one person such company shall for a like service charge the same lessened rate to all persons In my opinion the Sandersville Railroad Company can not haul fertilizers from Sandersville to Tennille free for its patrons who bring the raw material from Tennile to Sandersville over its lines and refuse to carry free fertilizers for other persons who do not bring their raw material into Sandersville over its line It is my opinion that the Commission has not the power and authority to grant the application of the Sandersville Railway Company in this matter I return herein file in this matter Yours truly James K Hines Attorney for Railroad Commission FREE SERVICE DY TELPHONE COMPANIES TO THEIR DIRECTORS AND STOCKHOLDERS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney January 31st 1910 RailroadCommission of Georgia Atlanta Ga Gentlemen File 7333 Your letter of the 20th instant enclosing letter from the Steward Telephone Company touching the right of this Company to furnish free telephone service to its directors and stockhodlers came duly to hand and I note that you wish my opinion upon the question whether this company can furnish free service to its directors and stockholders By General Oder No 3 passesd October 29th 1907 no railroad company or other common carrier subject to the jurisdiction of the Commission of Georgia is allowed to issue or honor any free ticket free pass or free intrastate transportation for passengers between any points in this State except upon the terms provided for interstate free transportation by the Act of Congress known as the Hepburn Act By General Order No 10 passed January 8th 1908 General Order No 3 was extended to include and apply to telegraph and telephone companies By this latter order no electric light or gas company or power company no terminal company baggage or cab company no cotton compress company or other public service corporation company or person subject to the jurisdiction of this Commission is allowed to furnish their respective services or service free in this State Under the Hepburn Act a common carrier can give free transportation to certain persons including its employes and their families its officers agents surgeons physicians and attorneys atlaw together with some other persons whom it is unnecessary to mention in this connection Does General Order No 10 permit a telephone company to furnish free service to the persons to whom common carriers can grant free transportation under the Hepburn Act The only free service which a common carrier can give under the Hepburn Act is free transportation of certain named persons This Act does not provide for any other free service but it may be said that by anology other public utility companies can give their respective services free to the same persons to whom common carriers can grant free transportation under the Hepburn Act I do not believe that this is the proper construction of your General orders above mentioned The legislation upon which these orders are based and these orders themselves are remedial in their nature They were intended to remedy the evils which had grown out of free service by public utility companies Therefore they are to be construed liberally ifl order that their purposes may be fully carried out Thus construing them I can not believe that the Stewart Telephone Company can grant free telephone service to its directors and stockholders Clearly 109 there is no basis for the contention that such a company can render a free service to its stockholders I return herein the letter of this Company to the Commission Yours truly James K Hines Attorney for Railroad Commission RAILROAD COMPANIES RENTING SPACE ON THEIR RIGHTSOFWAY TO SHIPPERS RattroAn Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney February 1st 1910 Railroad Commission of Georgia Atlanta Ga Gentlemen File 9052 Your letter of the 13th ult enclosing the papers in the above file came duly to hand It appears from the papers in this matter that the Atlanta Oil Fertilizer Company applied to the Central of Georgia Railway Company for the lease of a portion of its right of way at Sunny Side for the purpose of erecting thereon a cotton seed house to be used by the former company in storing its cotton seed until ready for shipment It further appears that the railway company has given other shippers permission to erect cotton seed houses on its rights of way at this place The railway company bases its refusal to lease a portion of its right of way to the oil company for this purpose on the ground that it has not sufficient space at that place to permit this to be done The oil company contends that the refusal of the railway company to grant this permission is due to its desire to discriminate against the oil company and in favor of other shippers The oil company requests the Commission to issue an order compelling the railway company to lease to it a portion of its right of way at Sunny Side for the above purpose You wish my opinion upon the question whether the Commission has the authority to pass such an order The dominion of the Central of Georgia Railway Company over its right of way is no less complete than that which every owner has over its own property subject only to the proper discharge of its duties as a carrier This Company may exclude whom it pleases when they come to transact their own private business and admit whom it pleases when they come to transact such business A railway company can lease its grounds to one tenant for the purpose of erecting houses for the purpose of storing cotton seed and can refuse this privilege to other persons Fischer vs Ga R R Bkg Co 81 Ga 461 Cates Ys Atlanta Baggage Cab Co 107 Ga 636 no Atlanta Terminal Co vs Americus Baggage Co 125 Ga 677 Hart vs Atlanta Terminal Company 128 Ga 754 Donovan vs Pa Ry Co 199 U S 279 36 Annual Rep R R Com of Ga page 107 In its character as a common carrier and relatively to its duties and obligations arising therefrom the Central of Georgia Railway Company can not grant to any person or persons rights or privileges which it refuses to others but must treat all alike Cates vs Atlanta Baggage Cab Company 107 Georgia 636 As a common carrier the Central of Georgia Railway Company is not required to furnish space for the erection of warehouses on its right of way for the use of its prospective patrons It fully discharges its duties when it furnishes reasonable and necessary facilities at its stations and depot for the receipt shipment and delivery of all freights tendered it for transportation I do not understand that the Atlanta Oil Fertilizer Company makes complaint that the Central of Georgia Railway Company does not furnish similar facilities for the shipment of its cotton seed which this Company furnishes to other shippers If the railway company does not furnish necessary and reasonable facilities for the oil company for this purpose the Commission has the power and authority to compel the railway company to discharge this duty In my opinion the Commission has not the power and authority to compel the railway company to lease to the oil company space on its right of way for the erection of a seed house in which to tore its cotton seed I return herewith the file in this case James K Hines Attorney for Railroad Commission RAILROAD COMPANIES REQUIRING PREPAYMENT OF FREIGHT CHARGES ON SHIPMENTS RECEIVED FROM ONE LINE AND NOT FROM ANOTHER Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney February 2nd 1910 Railboad Commission of Geobgia Atlanta Ga Gentlemen You wish my opinion on this question Can the Wadley Southern Railway Company which connects with the Macon Dublin Savannah Railway Company at Rockledge and with the Central of Georgia Railway Company at Wadley lawfully compel shippers by the Macon Dublin Savannah Railway Company to prepay freight on shipments over the latter line along the Wadley Southern Railway Company while it permits ship Ill pers over the Central of Georgia to forward freight to points of destination on its line without prepayment of charges In my opinion this course of dealing on the part of the Wadley Southern Railway Company is unlawful It clearly discriminates in favor of the Central of Georgia Railway against the Macon Dublin Savannah R R Company and against the patrons of the Macon Dublin Savannah Railway Company in favor of those of the Central It was contended by able counsel for the Central of Georgia Railway that the power of the Railroad Commission in reference to unjust discrimination is confined to rates and charges and he cited in support of this position the case of the State versus Wrightsville Tennille Railroad Company 104 Ga 437 In the later case of the Augusta Brokerage Company versus Central of Georgia Railway Company 121 Georgia 4853 the Supreme Court says There is however no authoritative ruling in that case to the effect that the power of the Railroad Commission is so limited and in the latter case the Supreme Court holds that the Commission has the power to prevent all unjust discrimination in the transportation of freight By the original Act creating the Commission you are authorized and required to make such just and reasonable rules and regulations as may be necessary for preventing unjust discrimination in the transportation of freight and passengers on the railroads of this State Civil Code Sec 2189 If this were the only law upon this subject the action of the Wadley Southern Railway Company in this matter might not be unlawful All discriminations and preferences are not forbidden or made unlawful by this law but only such as are Unjust Ky I Bridge Co vs L N R R Co 37 Fed Rep 624 Ore S L N R R Co vs N P R Co 51 Fed Rep 465 Idem 61 Fed Rep 158 L R M R Co vs St L I M S Ry Co 39 Fed Rep 400 Gamble Robinson Commission vs C N W Ry Co 168 Fed Rep 161 Interstate Commerce Commission vs Detroit G H M Ry So 167 U S 633 644 Prescott A C R R Company vs A T S F R Company 73 Fed Rep 438 A railway company has a right to demand that its charges for transporting goods shall be paid in advance and is under no obligation to receive goods for transportation unless such charges are paid if demanded The same rule applies when the goods are received from the original consignor or through an intermediate carrier O S L N R Ry Co vs N P R Co 51 Federal Rep 473 L R M R Company vs St Louis R M S Railway Company 63 Fed Rep 775 Southern Indiana Express Company vs U S Express Company 88 Fed Rep 659 Gamble Robinson Commission Company vs C N N Railway Company 168 Fed Rep 161 Clearly common carriers can demand prepayment of freight charges and the only question is can they make some shippers pay in advance and permit others to ship without prepayment of these charges 112 A common carrier at common law and under the Interstate Commerce law can demand prepayment of freight charges when freight is delivered to it by one connecting carrier without exacting such prepayment wlhen freight is delivered by another carrier and may advance such freight charges for one connecting carrier without advancing such freight charges for another connecting carrier G C S F Co vs Miami S S Co 86 FedRep 467 Gamble Robinson Co vs C N W Ry Co 168 Fed Rep 161 Southern Independent Ex Co vs U S Express Co 88 Fed Rep 659 A common carrier has a right under the common law to demand the prepayment of freight charges of one shipper and to give credit for another similarly situated It can do this when its purpose is to injure or harass a cosnignee CampbellRobinson Com Co vs C N W Ry Company 168 Fed Rep 161 A common carrier may demand prepayment of freight charges before shipment to any station and from one shipper though not required of others It should appear however that shippers had notice of such regulation Allen vs Railroad Company 100 N C 398 Randall vs R D Co 108 N C 612 Such preferences and advantages have been adjudged by the courts not to be unjust discrimination under the common law and under the Interstate Commerce Act The Federal decisions above referred to are based upon the construction of the Interstate Commerce Act which forbids any undue preference or advantage to any particular person company firm corporation or locality or any particular description of traffic in any respect whatsoever U S Compiled Statutes Supp 1907 Pages 586 897 In construing this Act these decisions hold that discriminations must be unjust or undue It has been held that the omission of the adjective unjust in the Hepburn Act did not broaden the provisions of the Elkins Act U S vs Wells Fargo Ex Co 161 Fed Rep 606 Our Supreme Court has held that in the absence of any statutory declaration we are remitted to principles of the common law to determine whether the refusal to grant to plaintiff the facilities afforded to another in the same business is an unjust discrimination or unequal and illegal preference Cates vs Atlanta B C Co 107 Ga 644 So if we were left solely to the act of 1897 creating the Railroad Commission this action on the part of the Wadley Southern Railway Company might not be an unjust discrimination As the term unjust discrimination is not defined by the statute creating the Railroad Commission we would have to look to the common law for its definition and would find that such action would not be an unjust discrimination according to the common law But in 1874 the Legislature passed an act entitled An Act to prevent monop 113 olies in the transportation of freights and to secure free competition in the same and for other purposes Georgia Laws 1874 page 94 This Act provides that the railroads of this State shall afford the usual and like customary facilities for the interchange of freights to patrons of each and all routes or lines alike Civil Code Sec 2214 It is said that the term facilities as used in this Act refers to physical facilities alone 1 can see no reason for thus narrowing the meaning of this term In its broad sense facilities mean any agencies which render easy the transportation and interchange of freight between connecting carriers As this statute is a remedial one it should be given a broad and not a narrow construction Under this Act of 1874 a common carrier cannot give to one shipper a facility which it does not afford to other shippers In affording facilities it must give equal facilities to all shippers If it gives through bills of lading to one shipper it must give through bills of lading to all shippers If it permits some shippers to ship without prepayment of freight charges it must grant this facility to all shippers If it receives from one connecting carrier freight without prepayment of charges it must receive such freight from all connecting carriers This in my opinion is the true rule under the Act of 1874 and the rule of the Commission Logan vs Central Railroad 74 Ga 684 Augusta Brokerage Company vs C of Ga Ry Co 121 Ga 4853 C of Ga Ry Co vs Augusta Brokerage Co 122 Ga 642 At first blush the case of Coles vs Railroad Company 86 Ga 251 would seem to conflict with the above view but the only question properly presented fbr decision in that case was whether a railroad company can be compelled to make a contract to forward goods beyond its own line So in my opinion the Wadley Southern Railway Company violates the law hen it discriminates against the patrons of the M D S Railway Company as above set out in favor of the patrons of the Central of Georgia Railway Company Yours truly James K Hines Attorney for Railroad Commission AUTHORITY OF COMMISSION TO REQUIRE EMPLOYEES OF RAILROAD COMPANIES TO FURNISlTlT INFORMATION Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney February 10th 1910 Railroad Commission of Georgia Atlanta Ga Gentlemen File 8983 I have your letter of the 7th instant in which you wish to know whether you have the power and authority to require Mr J R Mangham Car Accountant of the A B A R R Company and Mr S F Parrott Receiver thereof to furnish the Commission with a record of the handling by that Company of Car P R 17726 bill of lading for which was issued at Tifton Ga December 23d 1908 As I understand from the papers in this file you wish this information for the purpose of determining whether the shipper has been overcharged on this subject by the railway companies handling this car By Section 6 of the Act of August 22nd 1907 the Commission is given authority to examine into the affairs of all companies and corporations subject to its jursdiction for the purpose of determining whether such companies comply with all the provisions of law orders of the Commission and charter requirements Under this provision the Commission has the authority and power to deter mine whether in any given instance an overcharge of freight has been collected by a railway company or by connecting railway companies By the same section the Commission is given authority to examine all books contracts records and documents of any person or corporation subject to their supervision and compel the production thereof Said Commission shall have the power through any one or more of its members at its direction to make personal visitation to the offices and places of business of said companies for the purposes of examination and such Commissioner or Commissioners shall have full power and authority to examine the agents and employes of said companies under oath or otherwise in order to procure information deemed by the Commissioners necessary to their work or of value to the public Under this law you have authority and power to compel the production of all books contracts records and documents of the A B A Railroad Company and of its connecting carriers engaged in the handling of this car in order to determine whether any overcharge for freight was collected for its transportation The Commission also has power through any one or more of its members at its direction to make personal visitation to the offices and places of business of the A B A Railroad Company for the purpose of making this examination and such Commissioner or Commissioners shall have full power and au 115 J thority to examine the agents and employes of said company under oath or otherwise in order to procure the information deemed by the Commissioners necessary to their work of determining the particular question involved in this matter In order to be entirely regular in this matter Isuggest that you adopt one of two courses either set this matter down for a hearing and require the A B A R R Company or its receivers to produce its records showing the movement of this car or that you pass an order directing one or more of your members to examine the car accountant of this Company upon this particular subject matter These two modes of procedure are open to the Commission and either one is proper Perhaps you may not have the power and authority to write the agent or officer of a company subject to your jurisdiction to give information appearing upon the records of said Company but you clearly have the power to require the production of such records Still I am of the opinion that you were entitled to have this report from Mr Mangham and for his wilful neglect to furnish such report he is subject to the penalty prescribed in Civil Code Sec 2211 Under a statute of the United States Receivers of Railway companies appointed by the Federal Courts are bound to operate such railways in accordance with all valid laws of the State Under this statute I think Federal receivers are subject to your jurisdiction and supervision so far as the operation of railways under their control is concerned In my opinion you have the same power and authority over receivers under this statute to determine whether an overcharge has been made as you have over the company itself I return you herein the file in this matter Yours truly James K Hines Attorney for Railroad Commission JURISDICTION OF COMMISSION OVER MUNICIPAL LIGHTING PLANTS Railroad Commission of Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney February 10th 1910 Railroad Commission oi Georgia Atlanta Ga Gentlemen Your letter of the 18th ult enclosing letter from the Secretary and Treasurer of the Adel Electric Light Power Company came duly to hand and I note that you wish my opinion upon the question Is a municipal public Sas or electric light plant subject to the jurisdiction of the Railroad Commission of Georgia This involves the proper construction of the CandlerOverstreet Act approved August 22nd 1907 116 In the caption of this Act it is declared among other things to be an Act to so enlarge the powers of the Railroad Commission of Georgia as to extend its powers and jurisdiction over gas electric light and power companies or corporations or persons owning leasing or operating public gas plants electric light and power plants furnishing power to the public By Section 5 of this Act it is provided that The powers and duties heretofore I conferred by law upon the Railroad Commission are hereby extended and en larged so that its authority and control shall extend over gas and elec I trie and power companies corporations or persons owning leasing or operating public gas plants or electric light and power plants furnishing service to the public By Section 6 of this Act it is further provided that The Railroad Commis j sion of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law and shall have a general supervision of all gas or electric light and power companies within this State These provisions of the Act are broad enough to cover all gas or electric I light or power companies within this State whether they be private or public corporations So if you look to the mere letter of the statute we might reach p the conclusion that gas and electric plants owned by municipal corporations in this State are subject to the jurisdiction and supervision of the Commission This view would be fortified by the further consideration that at common law pubile corporations are subject to governmental visitation and control 10 Cyc 157 Cleveland vs Steward 3 Georgia 283 Dodd vs Houston 22 Georgia 506 This view would be further fortified by the fact that a municipal corporation I as a quasi private corporation exercising its powers for profits is subject to I the same measure of liability both in contract and tort as private corporations 28 Cyc 126 Savannah vs Collens 38 Georgia 334 Fenimore vs New Orleans 20 La Ann 144 Chapman vs Charleston 28 S C 373 Philadelphia vs Collins 68 Pa St 106 Suffolk vs Park 79 Va 660 Bailey vs New York 3 Hill 531 It might be said further that when a municipal corporation undertakes to j operate its public utilities such as water gas electric and power plants it j should be subject to the same control and supervision as private corporations which perform these functions There is force in this view But under our law the State is not bound by the passage of a law unless named therein or unless the words of the Act may be so plain clear and unmis j takable as to leave no doubt as to the intention of the Legislature Political Cbde Sec 3 Lingo vs Harris 73 Ga 30 General words of a statute will not include the government or affect its rights unless that construction be clear and indisputable upon the text of the Act TJ S vs Howe Federal Cases No 15373 2nd Miason 311 U S vs Hewes Fed Cases No 15359 Crabb 307 IJ S vs Wise Fed Cases 16659 2 Wall Jr 72 117 A general law does not bind the State unless expressly mentioned therein State vs Garland 29 N C 48 State vs Board of Public Works of Ohio 36 Ohio St 409 State vs Brewer 64 Ala 287 State vs Milburn 9 Gill 105 State vs Cline 41 N H 238 U S vs Herron 87 U S 20 Wall 351 21 L Edition 235 The same rule applies in large measure to public corporations such as counties towns school districts and municipalities 2 Lewis Sutherlands Statutory Construction Sec 514 p 953 Stimer vs LaPlatte Co 5 COle App 379 Kein vs School Dist 42 Mo App 460 Seton vs Hoyt 34 Ore 266 Trustees of Common School Dist vs Flemingsburg 97 Ky 702 This application of the rule to municipalities seems to have been endorsed by the Supreme Court of this State 91 Ga 522 102 Ga 274 Butler vs Merritt 113 Ga 238 in the last mentioned case the Supreme Court says It is to be presumed primarily that the General Assembly intended to legislate with reference to individuals and we may add in all legislation concerning corporations to private corporations Butler vs Merritt 113 Ga 240 So the Supreme Court held in the last mentioned case that the General Local Option Liquor law did not prohibit the sale of liquor by municipal dispensaries In other words that the statute which made it unlawful for any person within the limits of such county to sell or barter any alcoholic spirituous malt or intoxicating liquors after such law had been adopted by the voters of the county did not apply to a municipal corporation of such county operating a dispensary When the construction of such a statute is in doubt the doubt should be re X solved in favor of the public and against the construction that the Legislature intended to embrace the State or the political subdivisions thereof 20 Wall 251 92 U S 618 Lingo vs Harris 73 Ga 30 Municipal corporations are not expressly mentioned in the Act of August 22d 1907 which enlarges the jurisdiction of the Commission and gives it jurisdiction over public gas electric light and power companies or corporations It is not clear and indisputable that the intention of the Legislature was to include the public plants and municipal corporations The construction of this Act which would reach that conclusion is a doubtful constrution and should be resolved in favor of the public So I reach the conclusion that the Act of August 22d 1907 does not give the Commission jurisdiction or supervision over gas electric light and power Plants which are owned and operated by municipalities in this State This view is fortified by other provisions of this Act such as the one which gives the Commission jurisdiction over the issuing of stocks and bonds by companies subject to its jurisdiction If the Commission has jurisdiction over these pubic plants then it would have jurisdiction over the issuing of bonds by municipalities in this State floated for the purpose of erecting and operating 118 these public plants It does not clearly appear from this Act that such was the intention of the General Assembly in enacting this legislation There are other provisions in this Act which I need not mention which confirm the interpretation which I put upon it and which indicate that the Legislature did not intend to give the Commission jurisdiction over these plants of the towns and cities of the State I return herein the letter of the Secretary and Treasurer of the Adel Electric Light Power Company Yours truly James K Hines Attorney for Railroad Commission CONTRACTS BETWEEN MUNICIPALITIES AND PUBLIC SERVICE CORPORATIONS AFFECTING THE PUBLIC USES OF SUCH CORPORATIONS Railboad Commission of Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney February 11th 1910 Railboad Commission of Geobgia Atlanta Ga Gentlemen Your recent letter enclosing the petition of the Athens Electric Railway Company together with a copy of the ordinance of the City of Athens granting that Company permission to construct its lines of railway in certain streets of that City came duly to hand and I note that you wish my opinion upon the questions whether this ordinance is one which must receive the assent of the Commission under Section 5 of the Act of August 22nd 1907 and what is the meaning of this language in said section towit Provided that this Act shall not operate as a repeal of any existing municipal ordinance nor shall it impair nor invalidate any future contract or ordinance of any municipality as to the public uses of such company that shall receive the assent of the Railroad Commission More specifically what is the meaning of the phrase in said section towit the public uses of such company I will deal with the latter question first The question may be stated thus What contracts and ordinances between municipalities and street railway companies must receive the assent of the Commission before they become effective and valid It will be well to ascertain and define the powers which the Commission has over street railway companies and what duties it owes to them and the public in its general supervision of such companies By Section 5 of the Act of August 22nd 1907 the powers and duties hereto 119 fore conferred by law upon the Railroad Commission are hereby extended and enlarged so as to embrace street railway companies Prior to this Act the Commission had no jurisdiction over street railways Code Sec 2199 The powers and duties conferred by law upon the Commission prior to the Act of August 22nd 1907 so far as is pertinent to this inquiry were as follows 1 To make reasonable and just rates of freight and passenger tariffs to be observed by all railroad companies doing business in this State or the railroads thereof 2 To 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 3 To make just and reasonable rules and regulations for preventing unjust discriminations in the transportation of freight and passengers on the railroads in this State Civil Code Sec 3189 4 To make for each of the railroad corporations doing business in this State a schedule of just and reasonable rates of charges for the transportation of passengers freights and cars on each of said railroads Civil Code Sec 2190 5 To investigate the books and papers of such companies to make personal visitations of their offices stations and other places of business to examine their agents and employes to see if the foregoing rules and regulations are observed and to procure necessary information for making just and reasonable freight and passenger rates Civil Code Sec 2192 6 All contracts and agreements between railroad companies doing business in this State as to rates of freight and passenger tariffs and as to the division of earnings by competing railroad companies doing business in this State shall be submitted to the Commission for inspection correction and approval Civil Code Sec 2193 7 To inspect the railroads of this State and if found in an unsafe or dangerous condition shall require them put and kept in such condition as will render transit over them safe and expeditious Civil Code Sec 2194 8 To fix storage and demurrage charges Civil Code Sec 2206 9 To make and enforce such reasonable rules regulations and orders as may be necessary to compel the railroad companies in this State to promptly receive receipt for and deliver freight Ga Laws 1905 p 120 The foregoing powers were conferred on the Commission prior to the Act of Aug 22 1907 and by that Act the Commission was given the same powers over street railroads By this Act the powers of the Commission were enlarged and the following 120 additional powers were given the Commission over the persons and corporations subject to its jurisdiction towit 1 General supervision 2 To require common carriers and public service companies to establish and maintain such public service and facilities as may be reasonable and just 3 To require such publication by common carriers in newspapers of towns through which their lines extend of their schedules as may be reasonable 4 To require the construction of side and spur tracks 6 To compel service to be furnished to manufacturing plants warehouses and similar places of business along the lines of railroads 6 To order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public 7 To order and compel the making and operation of physical connection between lines of railroads crossing or intersecting each other T Authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses 9 To prescribe rules and penalties requiring the prompt receipt carriage and delivery of freight the prompt furnishing of cars to shippers and rules and penalties for transfer of cars through yards of connecting roads 10 To order the erection of depots and stations where it deems the same necessary and order the appointment and service thereat of depot or station agents 11 To regulate schedules and compel connection at junction points of connecting lines 12 To authorize the issuing of stocks and bonds by companies subject to the jurisdiction of the Commission The above powers were conferred on the Commission by the Act of August 22nd 1907 and the powers conferred on the Commission prior to the passage of said Act and by that Act constitute the sum total of the powers of the Commission There are some incidental powers and duties given the Commission in order to enable it to exercise the above powers and to discharge the duties imposed upon it by law which I do not mention such as modes of pro1 cedure and of taking testimony but the above is a list of the respective subject matters over which the Commission has authority power and jurisdiction in respect to the public utility companies of this State These are the matters over which the Commission has jurisdiction in dealing with street car companies Probably these are what is meant by the phrase the public uses of such companies mentioned in Sec 5 of the Act of August 22nd 1907 In my opinion the contracts and ordinances of municipalities with street railway companies which must have the approval of the Commission are such as deal with the subject matters over which the Commission has jurisdiction in dealing with such companies In all other matters municipalities are free to deal with street railway companies as they may see fit In reference to the ordinance of the City of Athens granting certain rights and privileges to the Athens Electric Company passed December 16th 1909 121 may or may not require your approval according as you find the facts Sec 1 of this ordinance contains certain franchises authorizing this company to build its lines in certain streets of Athens This is a matter with which the Commission is not concerned Civil Code Sec 2167 par 5 The towns and cities of this State probably have the exclusive right to name the terms and conditions upon which street railways can be constructed in their streets Art 3 Sec 7 Par 20 Constitution of Georgia Civil Code Sec 5782 But Section 11 of this ordinance regrants all the rights privileges and franchises hereto granted to that company and these former franchises may em brace matters over which the Commission has supervision This should be investigated Yours truly James K Hines Attorney for Railroad Commission EXTENT LAW GOVERNING RAILROADS APPLIES TO STREET RAILROADS Railboad Commission oe Georgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney February 15th 1910 Railboad Commission of Geobgia Atlanta Ga Gentlemen File 7704 Since writing you the enclosed letter which deals with street railways as common carriers of freight I had an interview with Chairman Hill and he tells me that what you really wish is my opinion upon the question how far do the laws relating to steam railway companies as carriers of passengers apply to street railway companies On this subject the Supreme Court of Georgia says The Constitution statutes and decisions of this State recognize that the word railroad is generic and includes street railroads narrow gauge roads orse car companies dummy lines and street railroads operated by electricity Savannah Ry Co vs Williams 117 Ga 419 n the same case the Supreme Court declares that in Georgia the word railoa means street railroad unless the context shows that a particular kind of railroad was intended Savannah a R vs Williams 117 Ga 415 his latter rule furnishes the test in determining whether a given statute ap 122 plies to a street railroad company Every statute applicable to a railroad applies to a street railroad unless the context shows the contrary So Section 520 of the Penal Code providing a penalty for constructing a railroad was held to apply to a street railroad operated by horse power though no such species of railroads existed when the Act was passed Price vs State 74 Ga 378 Section 2321 of the Civil Code raises the presumption against a railroad company whenever a person other than an employe is injured and this provision has been held applicable to street railway companies Perry vs Macon Cons St R Co 101 Ga 407 The Civil Code Sec 2334 provides that all railroad companies shall be sued in the county where the cause of action originated and this provision was held to apply to a street railroad company Devereux vs Atlanta Ry P Co Ill Georgia 855 A chartered street railroad is a railway company within the meaning of the Civil Code Section 2297 and 2323 and therefore it is liable to one servant for an injury inflicted by the negligence of a fellow servant Savannah Ry Co vs Williams 117 Ga 414 So in my opinion every statute applicable to an ordinary railroad company applies to street railroad companies unless the context shows a contrary intention on the part of the legislature Yours truly Jambs K Hines Attorney for Railroad Commission RIGHT OF CHARTERED RAILROAD TO DISCONTINUE OPERATIONS OVER PART OF ITS LINE Railroad Commission op Georgia Office of Special Attorney to Commission Atlanta James K Hines Special Attorney March 16 1910 Railroad Commission of Georgia Atlanta Ga Gentlemen File 9273 I have your letter of the 14th instant enclosing letter of the Freight Traffic Manager of the Central of Georgia Railway Company and I note that you wist my opinion on this question Can the Savannah Valley Railroad or its vendee discontinue a part of its line between points specified in its charter and thereby upset rate conditions and traffic movements In my opinion neither this Company nor its vendee can so do A corporation charged with a duty to the public can not by sale or otherwise 123 dispose of its property or franchise so as to relieve itself from liabaility for acts done or omitted without legislative sanction expressly exempting from liability Civil Code Sec 1864 Singleton vs iS W Ry Co 70 Ga 465 Hawkins vs Central Ry Co 119 Ga 159 Ga R Co vs Rice 124 Ga 459 A railroad company is charged with certain duties to the public It can not devolve the exercise of its franchises upon another person or corporation without the express consent of the State and it has no implied power to lease its road and franchises and thus affect the public Ga R Co vs Haas 127 Ga 193 It requires not only consent but a release by the legislature to absolve them from the obligations which they owe the public Singleton vs S W R Co 70 Ga 471 Where a railroad company to which has been given the power to choose its particular route between designated termini has exercised its discretion in this regard its power of choice is exhausted and it can not subsequently change its location without express legislative authority Brown vs A B Ry Co 126 Ga 248 A B Ry Co vs Kirkland 129 Ga 557 It is generally held that where a railroad company to which has been given the power to Choose its particular route between designated termini has exercised its discretion in this regard its power of choice is exhausted and it can not subsequently change its location without express legislative authority Thus a change can not be made for reasons of convenience or expediency or economy merely Brown vs Atlantic Ry Co 126 Ga 251 23 Am Eng Ency of Law 2nd Ed 6905 Leverett vs Middle Ga L Co 96 Ga 392 Either the Savannah Valley Railroad or its vendee must operate its line from Egypt to its main line Under Section 6 of the Act of August 22nd 1907 you are authorized to require this company or its vendee to maintain its service on this line Yours truly James K Hines Attorney for Railroad Commission 124 AUTHORITY OF COMMISSION TO REQUIRE RAILROAD COMPANIES TO REPORT ACCIDENTS Ratlboad Commission of Georgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney March 17th 1910 Railboad Commission of Geobgia Atlanta Ga Gentlemen File 9220 Your letter of the 23rd ult enclosing General Order No 16 came duly to hand and I note that you wish my opinion upon the power of the Commission to issue this General Order In construing the several acts granting powers to the Commission I have adopted the rule that the Commission can exercise no power unless the same is expressly granted or arises hy fair implication and intendant Railroad commissioners are statutory officers whose powers are special and limited They can exercise only such authority as is conferred upon them by express provision of law or such as are incidental to and included in the authority expressly conferred for the purpose of carrying out and accomplishing the purposes for which these offices were created Railroad Com vs L N 49 So Fla 39 There is no statute of this State expressly authorizing the Commission to require railroads and street railway companies to make reports of accidents which occur upon their respective lines But by Section 6 of the Act of August 22nd 1907 the Commission is given general supervision of railroads in this State By the same section the Commission is empowered to require all common carriers and other public service companies under their supervision to establish and maintain such public service and facilities as may be reasonable and just either by General Rules or by Special Orders in particular cases By the same section the Commission is authorized to examine into the affairs of such companies and to keep informed as to the manner in which their lines are managed conducted and operated not only with respect to the adequacy security and accommodation afforded by their service to the public and employes but also with reference to their compliance with all the provisions of law orders of the Commission and charter requirements By this section the Commission is required to keep posted as to the manner in which theerailroads of this State manage conduct and operate their lines in respect to the security afforded by their service to the public This power to keep posted is expressly granted The necessary and reasonable means to accomplish this power are implied In order to keep posted as to the security of 125 the service which railroads render the public the Commission can in my opinion require them to report all accidents occurring on their ilnes of railway in order that the Commission may keep posted in the matter of the service rendered by them to the public Stone vs Yazoo M Y R R Co 62 Miss 67 James K Hines Attorney for Railroad Commission AUTHORITY OF COMMISSION TO REQUIRE INFORMATION AS TO PURCHASERS OF BONDS WHICH IT AUTHORIZED TO BE ISSUED Railroad Commission op Geobgia Office of Special Attobney to Commission Atlanta James K Hines Special Attorney March 18 1910 Railboad Commission of Geobgia Atlanta Ga Gentlemen File 8675 Your letter of the 11th instant enclosing the papers in the above file was duly received and note that you wish my opinion upon your authority under the law to require the Seaboard Air Line Railway Company to furnish the information set out in the letters written by you to Judge Wlatts the General counsel of that Company I note that you wish this Company to furnish the names of the persons who purchased its bonds which were authorized by your orders of June 30th July 1st September 23rd and October 29th 1909 By section eight of the Act of August 22nd 1907 each of the companies and corporations over which your authority is thereby extended is required to furnish the Commission a list of any stocks and bonds the issuance of which is contemplated It is likewise made unlawful for any of said companies or corporations to issue stocks bonds notes or other evidences of debt payable more than twelve months after the date thereof except upon the approval of the Commission and then only when necessary and for such amounts as may be reasonably required for the purposes named in this section Before issuing such stocks bonds notes or other evidences of debt as above mentioned such corporations or companies shall secure an order from the Commission authorizing such issue the amount thereof and the purposes and use for which the issue is authorized For the purpose of enabling the Commission to determine whether such order should be issued it shall make such inquiry or investigation hold such hearings sud examine such witnesses books papers document or contracts as it may deem advisable or necessary 126 The decision of the Commission is made final as to the validity of the issue Georgia Laws 1907 page 72 After the Commission has made the inquiry and investigation provided by this section and has approved the issue of stocks and bonds by a company subject to its jurisdiction has it the power and authority to require such company to report the names of the purchasers of such bonds In my opinion the Commission has not this power The Commission can exercise no powers except such as are expressly granted to it by law and such as are necessary and proper to carry into effect the powers expressly granted In cases of reasonable doubt the Commission should decline to exercise any power R R Commissioners vs L N R R Co 49 So Reporter Fla 39 The Acts conferring power upon the Commission should be so construed as to leave to the carriers the greatest possible latitude in the management of their business consistent with the proper protection of the public interest In re Contracts Free Transportation 16 I C C Reporter 249 There is no express authority granted the Commission to require from companies and corporations issuing stocks and bonds any report as to the disposition made of them by such companies or corporations The Act makes it the duty of the Commission to make inquiry and investigation as to the propriety of approving the issue of stocks and bonds by companies or corporations subject to its jurisdiction Under this Act stocks and bonds can only be issued for certain purposes Before granting its approval the Commission has authority to require and determine whether a proposed issue of stocks and bonds is to be issued for any one or more of these purposes It can then inquire and determine whether there is a necessity for the issuance of sucb stocks and bonds It can then inquire and determine what amounts may be reasonably required for any one or more of the purposes for which said stocks and bonds can be issued It can inquire and ascertain the price at which such stocks and bonds are to be sold In determining the questions the Commission can make such inquiry and investigation hold such hearing and examine such witnesses books documents or contracts as they may deem advisable or necessary Then after such inquiry and investigation it grants or refuses its approval of the proposed issue of stocks and bonds If it approves or disapproves this decision is final Not having the express power to require such companies or corporations to report the names of the persons to whom they sell their stocks and bonds has the Commission the implied power to require a report giving such information Is such power reasonably necessary and incidental to the exercise of the express power of approval granted to the Commission The express power and authority which the Commission has is to approve issues of stocks and bonds by companies and corporations subject to its jurisdiction This is the express power granted After this power is exercised by the Commission and it approves an issue of stocks and bonds does the disposition which such companies or corporations make of such bonds aid the Commission in the exercise of this express power After the power is exercised the power of the Commission is functus officio ft is exhausted Therefore it BSBHflyr 127 follows that nothing which such companies or corporations may afterwards do with its stocks and bonds can ajd or help the Commission in the exercise of a power granted than which it has already exercised It might be well for the Legislature to confer such power on the Commission and I can see how it may be a very valuable and important power Publicity in the disposition of stocks and bonds by such companies and corporations may be of inestimable value to the public but the Legislature has not granted this power to the Commission It has only given the Commission the power to approve the issuing of stocks and bonds by such companies or corporations It is not reasonably necessary to the exercise of such power to know to whom such companies or corporations sell their stocks and bonds Such power is not incidental and necessary to the exercise of the express power granted So in m opinion the Commission has not the power and authority to require the companies subject to its jurisdiction to report to it the names of the purchasers of its stocks and bonds after the issuing thereof has been duly approved by the Commission Yours truly James K Hines Attorney for Railroad Commission 128 EXPENSES AND APPROPRIATIONS OF VARIOUS STATE RAILROAD AND CORPORATION COMMISSIONSTHESE FIGURES COMPILED FROM RECORD IN OFFICE OF THE RAILROAD COMMISSION OF GEORGIA FURNISHED BY THE DIFFERENT COMMISSIONS THEMSELVES GEORGIA Five Commissioners Chairman at a salary of 400000 per annum Four Commissioners 2500 each 1000000 Secretary salary 200000 Rate expert salary and expenses 400000 Special attorney to Commission salary 250000 Stenographer salary 120000 Contingent fund 300000 Printing fund 200000 M Total 2870000 i VIRGINIA 7 J Three Commissioners 4000 each 1200000 per annum Clerk to the Commission salary 250000 Assistant clerk salary 180000 Assessment clerk salary 150000 Two additional clerks 1200 each 240000 Bailiff salary 120000 One stenographer salary 120000 Two stenographers salary 900 each 180000 Messenger salary 60000 Janitor salary 72000 Contingent fund 338000 Total 2910000 Printing is paid for out of a special fund to cover all State departments and no record of this expense is kept 129 TEXAS Salaries of three Commissioners Salary of secretary Salary of one rate clerk Salary of one general clerk Salary of one general clerk Salary of one porter Salary of one expert accountant Salary of one assistant expert accountant and rate clerk Salary of one expert rate clerk Salary of one expert assistant rate clerk Salary of civil engineer Salary of one stenographic clerk For contingent expenses etc 1200000 per annum 170000 150000 120000 120000 36000 270000 180000 270000 250000 210000 90000 590000 Total 3656000 MINNESOTA Three Commissioners 3600 each Secretary salary Assistant secretary salary Chief clerk Stenographer Stenographer Clerk Clerk 1 Contingent fund average 1080000 per annum 260000 240000 180000 120000 102000 72000 I 60000 1200000 Total 3314000 Appropriations aggregating 60000 have also been made thus far to provide lor cost of valuation of railroad properties in Minnesota It is estimated that the actual cost of this work when completed will be approximately 70000 130 MASSACHUSETTS Three Commissioners Chairman at a salary of 600000 per annum Two Commissioners 5000 each 1000000 U Clerk salary 3 010 0 ft Assistant clerk salary 180000 tt a Consulting engineer salary 300000 tt it Accountant salary 250000 tt ft Seven inspectors 2000 each 1400000 it ft Expenses of the officeadvertising lighting expert serv ices expressage furniture janitor publications post age printing annual report printing and binding trav eling expenses rent of office stationary and office sup plies etc 9K 91 Q 9 it tt 1 Total SOS M4 90 ft ILLINOIS Three Commissioners 3500 each 1050000 per annum Secretary salary 1 FvOO 00 it tt Assistant secretarv salary 150000 ft Consulting engineer salary 300000 ft tt Expert rate clerk salary 300000 ft ti Reporter and stenographer salary 120000 tt Inspector of safety appliances salary 150000 Suits and investigations 600000 ft ti Office expenses 4 non no ft it Printing and expressing maps 200000 ti Printing schedules etc 100000 Total ti OHIO Three Commissioners 5000 each 1500000 per annum Secretary salary 9 son an ft ft Two clerks 2000 each 400000 ft ft Salary and expenses of experts and inspectors 829171 Traveling expenses of Commissioners 60000 ft ft Furniture and carpets 126266 ft it Rent u ti Salary and expenses of automatic coupler inspection 250000 tt Miscellaneous expenses 231554 a it Total 3846991 ft tt 131 RULES GOVERNING APPLICATIONS FOR APPROVAL OF STOCK AND BOND ISSUES RULE 1 All applications shall be by written petition verified by the president or other officer of the corporation or other competent evidence setting forth the information hereinafter required RULE 2 All applications for the issue of stocks bonds or notes as contemplated in the Act approved August 22 1907 by any railroad company shall state the termini and route of the same shall set out the actual length of the main line of said railroad the double tracking if any the approximate length of its sidetracks the gauge of the tracks the maximum grade the maximum degree of curvature the width of right of way the cost of right of way a description of terminals grounds outside of the right of way and cost and value of same a description of station grounds at points between terminals outside of the right of way and the cost of same the weight of the rail a schedule of equipment both motive power and cars of every description and the cost of same a description of repair and machine shops and also a statement or best attainable estimate of the number of cubic yards of excavation and embankment in the construction of its roadbed Said petition shall also give a general description of its station buildings bridges and other structures In oases of applications by or in behalf of a railway company whose line is not already built but contemplated and in cases of applications by or in behalf of a railway company whose line is at the time partly constructed or is to be extended then description and explanations are to be set out mutatis mutandis and as nearly so as practicable to the same effect and intent as hereinabove provided touching existing roads RULE 3 Said petition whether by railroad company or any other applicant shall also contain in addition to full description of its property a sworn statement in detail of the financial condition of the company giving the amount and kinds of the capital stock bonds and other obligations outstanding the consideration on which the same were issued clearly and fully stated the rate and amount of dividends declared thereon and all other items of outstanding indebtedness and as to all whether and how secured and if secured by mortgage or pledge a copy f the instrument shall be annexed to the petition and said petition shall also contain a statement of the amount of any of its stock held by other corporations nd the names of and the amount held by eachand all facts needed to show Application must be sworn to What applications must show Applications by roads not built Jlnandal statement 132 Information need not be repeated that the capitalization and proposed capitalization of said company is lawful and legitimate and does not violate either the laws or the Constitution pt this State or the United States In case the petitioning corporation or party shall have already or previously made and filed a report to this Commission showing its capitalization and finan cial condition in compliance with the standing order on that subject the matter thus already reported need not be again repeated in the application but may be made part thereof by appropriate form of reference with any new facts or data added to bring the recital down to date Tabulated statement of desired issues RULE 4 Said petition shall contain a statement of the amount and kind of stock which the corporation desires to issue and a tabulated statement of bonds or notes which the corporation desires to issue the terme and rate of interest and whether and how to be secured and if to be secured by a mortgage or pledge a copy of the same shall be attached Use of proceeds from desired Issues RULE 5 Said petition shall contain a statement of the use to which the capital to be secured by the issue of such stock bonds or notes is to be put with a definite statement of how much is to be used for the acquisition of property how much for the construction and equipment of power plants how much for car sheds and the completion extension or improvement of its facilities or properties how much for the improvement and maintenance of its service how much foi the discharge or lawful refund of its obligations or for lawful corporate pub poses falling within the spirit of section 8 of the Act approved August 212 1907 Property to be acquired RULE 6 Said petition shall contain a statement in detail of the property which is to be acquired with its value a detailed description of the construction completion extension or improvement of its facilities set forth in such a manner that an How service is to be improved estimate may be made of its cost a statement of the character of the improvement of its service proposed and the reasons why the service should be maintained from its capital if it is proposed to discharge or refund its obligations a statement of the nature and description of its obligations including their par value and the amount for which they were actually sold and the application of the proceeds arising from such sale Copies of all contracts to be filed RULE 7 Said petition shall contain a statement showing whether any contracts have been made for the acquisition of such property or for such construction completion extension or improvement of its facilities or for the disposition of any of its stocks bonds or notes which it is proposed to issue and if any such contracts have been made copies thereof must be attached to the petition as 133 well as a statement showing how much money or other thing of value has been received by the corporation under such contract RULE 8 Said petition shall contain a statement showing whether any of the outstanding stock or bonds or notes as contemplated in the Act of August 22 1907 have been issued or used in capitalizing any franchise or any right to own operate or enjoy any franchise or any contract for consolidation or lease or for services rendered or to be rendered or a bonus to any person or persons natural or artificial and if so shall state the amount and character thereof and the franchise right contract or lease services or bonus so capitalized RULE 9 If the stock is to be issued by a new corporation to be formed by a merger or consolidation of two or more other corporations the petition shall contain a complete description of the properties to be consolidated and a complete statement of the financial condition of the corporations so consolidated of the kind set out herein in Rule No 3 RULE 10 Attached to said petition must be a certified copy of the charter if granted by the legislature or accurate citations to volume and page if to be found in the published laws or a copy of the petition filed with the Secretary of State or any court and a certificate of incorporation issued by the Secretary of State or court if incorporated under a general law duly certified copies of all certificates statements or records which modify change or extend the purposes or powers of such corporation RULE 11 Said petition shall set out in detail all acts done by said corporation in obedience to the laws of the State applicable to such desired issue or increase of capital or issue of bonds and shall fully and affirmatively show that all requirements of the laws of Georgia have been fully complied with RULE 12 Said petition shall state fully the method and instrumentalities proposed for carrying into effect with safety to the petitioners and the public the purposes stated and for complying with all conditions imposed by law or by the Commission and expressing the readiness of petitioners to make report of actings and doings under the same as the Commission may require Capitalizing franchises etc Consolidation or merger Reference wherechartered by general law Law mast be complied with Petitioners to make further report RULE 13 On receipt of the petition the Commission shall fix a time and place for hear Hearings being thereon and shall give to the applicant not less than ten days notice thereof e Commis 134 Notice of Hearing either personally or by mail the applicant shall publish a notice of the application and the time and place of the hearing in such newspapers and at such times as the Commission shall direct The Commission may prescribe the terms Applicant to produce witnesses and contents of such publication The Commission may at the request of the applicant or on its own motion prescribe a shorter notice for such hearing and modify its directions for publication accordingly At the hearing the applicant shall produce such witnesses and furnish such books papers documents and contracts as the Commission shall at any time before final decision on the application require and must establish to the satisfaction of the Commission that the proposed issue of stocks bonds notes or other evidence of indebtedness is for the benefit of the public service and is otherwise lawful All proceeds must be used for purposes approved RULE 14 On the conclusion of the hearing or so soon thereafter as circumstances permit the Commission will make up its opinion and frame its order upon the facts appearing in each instance and the law applicable thereto Bach application will be kept open and further order may be made from time to time as may be needful for the security and protection of all concerned and for a due compliance with law and the orders of this Commission All bonds and stocks when authorized by the Commission and the proceeds of the same must be used for the purpose or purposes authorized and for none other under pain of the penalties in such case provided by law 135 RULES AND REGULATIONS OF THE BOARD AS TO DUTIES OF COMMISSIONERS AND EMPLOYEES RULE 1 The regular public meetings of the Board shall begin on Thursdays of each week at ten oclock A M and there shall be such other meetings as may be called by the Chairman on his own motion or on request of any two members of which meetings due notice shall be given A quorum of the Board unless called away by other duties will also attend daily at the office of the Board for such routine business as does not require a full Board RULE 2 it shall be the duty of the Chairman to preside at all meetings of the Board to preserve strict order to procure at all times the correct meaning and sense of the Board to conduct the business of the Commission when in session under the parliamentary rules adopted by the Board as set forth in Rule No 10 The Chairman shall be the Chief Executive Officer of the Board shall conduct its correspondence attend at the office of the Board as required by law see that all orders and rules of the Beard are duly carried into effect and that all officers and employees perform their duties as required by said orders and rules and as required by law The Chairman will report to the Board so far as needful and reasonable what has been done during intervals between meetings and also any new matters or questions with his recommendations touching the same but reserving for action of the body all new matters and cases RULE 3 There shall be a ViceChairman who shall act in the absence or inability of the Chairman RULE 4 It shall be the duty of the Rate Expert to keep himself fully informed touching rate conditions and rate problems as existing and as new conditions arise or changes occur or are proposed from time to time and to keep or cause to be kept a file or files as complete and up to date as is practicable of all rates and rate sheets arranged in best and easiest form for correct and ready reference and to submit all needful views and recommendations on such conditions Duties of Chairman Vice Chairman Duties of Sate Expert Commissioners to reserve opinions until executive session Standing Committees Duties of Secretary and problems or questions as may be referred to him from time to time or on his own suggestion as may be in his judgment needful for the public interest or for the interest of parties concerned It shall be his duty to furnish to the Commission expert information and I advice on all matters brought before it involving rates and to attend for that purpose all the hearings where any question of rates is or may be involved He shall perform such other duties touching general or special work of the Commission whether pertaining to his own or any other department as may be required by the Commission or by law The assistant in his department shall be under his direction for the due performance of his duties as such subject to the direction of the Commission RULE 5 Every member of the Board will in all cases reserve his opinion and in no way commit himself in advance touching the merits of any matter or question to be passed upon by the Board or that should be dealt with by it until the facts and evidence is all submitted and the Board considers the same in executive session In all matters which relate to the making of rates and which may become the subject of litigation no member shall make any statement after such matter has been decided by the Board which may be or is liable to be treated as an admission prejudicial to the action of the Board In all cases and on all questions any member may file his dissenting opinion when in the minority or his reasons and grounds for his opinion when in the majority RUiLE 6 There shall be the following standing committees appointed by the Chairman consisting of two members each but the Chairman shall be an exofficio member of all both standing and special committees namely 1 Committee on Minutes 2 Committee on Auditing and Accounts 3 Committee on Bond and Stock Issues 4 Committee on Loss Damage and Demurrage 5 Committee on Tracks Sidings and Depots 6 Committee on Train Schedules and Train Service 7 Committee on Passenger and Freight Rates Together with such special committees as the Board may from time to time direct RULE 7 It shall be the duty of the Secretary to record all proceedings of the Board in the book of minutes He shall be the custodian of all the books and papers of the Board and shall systematically care for and preserve the same for ready reference and the correct transaction of the Boards business He shall see to the correspondence of the Board under direction of the Chairman and of the Board as by these rules provided He shall nominate all employees in his de 137 partment for ratification by the Board and shall have control of them in the performance of their duties under these rules and shall see that the office is systematically and neatly kept and open for business during business hours namely from eightythirty A M to one oclock P M and from two oclock P M to five oclock P M each day except Sundays and legal holidays and on Saturdays from eightthirty A M to twelve oclock noon He shall have charge of the expenditure of the funds provided for the expenses of the Board and its employees under direction of the Board and shall keep an accurate account of the same submitting such accounts with proper vouchers to the Auditing Committee or as may be called for by the Chairman or by the Board or by said committee from time to time RULE 8 A majority of the Board shall constitute a quorum for the transaction of business RULE 9 When any action of the Board is to be promulgated or published the same shall be recited as By the Board and shall be authenticated by the official signature of the Chairman and the Secretary When any matter is published by a member or officer of the Board the same is his individual act or declaration and not the act of the Board unless recited on its face that the Board bas so ordered or decided RULE 10 At every regular meeting of the Board the following shall be the order of business unless otherwise ordered by a majority of the members present in each instance 1 Noting absentees and ascertaining quorum present 2 Corrections and approval of the Minutes 3 Special orders 4 Report of Committee on Auditing and Accounts 5 Reports of Standing Committees in their order 6 Report of special committees 7 Recommendations by the Chairman 8 Petitions and communications 9 Unfinished business 10 New business 11 Adjournment RULE 11 The rules governing the Senate of the State of Georgia for the time being where applicable are the rules for the government of this Board in its deliberations Office hours Quorum Official Orders Order of business Parliamentary rules RULE 12 Bules may be altered Matters not covered by rules Attorney to Commission These rules and regulations may be altered or amended at any time by a vote of a majority of the Board provided notice of proposed alteration or amendment shall have been given at the last preceding regular meeting of the Board Or the same may be altered or amended at any regular meeting of a full Board by unanimous vote without any previous notice RULE 13 In all matters not specifically mentioned or provided for in the foregoing rules action may be had as under established usage and the law the Board may order according to the facts and the necessities of the case in each instance RULE 14 The Attorney to the Railroad Commission shall have charge of all litigation to which the Board may be a party or in which the Commission is concerned acting or being associated with the Attorneygeneral in special cases or matters provided by law Said Attorney shall be the legal advisor and counsel of the Commission in all matters of special legal knowledge or skill when called on or needed for the correct conduct of the business of the Commission Statement of Stock and Bond Issues and Other Securities Approved by the Railroad Commission of Georgia from August 22nd 1907 to April 1st 1910 Name of Corporation Amount of Bonds Approved Amount of Stock Approved Date of Approval Abbeville Northwestern Railroad Company 80000000 40000000 May 20th 1909 Atlanta Carolina Railway Company 600000000 Apr 10th 1908 Atlanta West Point Railroad Company 123220000 Mar 28th 1910 Atlanta Northeastern Railroad Company 120000000 4200000 Oct 2nd 1908 Atlanta Power Company 5000000 Aug 20th 1909 Atlanta Telephone Telegraph Company 100000000 Sept 80th 1907 Bainbridge Northeastern Railroad Company 20000000 Aug 6th 1908 Bainbridge Telephone Company 4000000 Sept 24th 1908 Bibb Power Company 15000000 Oct 17th 1907 Brinson Railway 224000000 Apri 9th 1908 Central Georgia Power Company 300000000 2000000000 Mar 21st 1908 Chattanooga Railway Light Company 1600000 00 500000000 Nov 11th 1909 Clarkesville Railway Company 1000000 Dec 17th 1908 Elberton Southern Railway Company 25000000 20000000 Dec 8th 1908 Eitzgerald Ocilla Electric Railway 25000000 5000000 July 24th 1908 Flint River Northeastern Railroad Company 12500000 July 1st 1909 Flint River Power Company 1000000000 1200000000 May 8th 1908 Florida Central Railroad Company 20000000 Oct 29th 1907 Florida Central Railroad Company 30000000 Mar 81st 1910 Fort Valley Telephone Company 1000000 Oct 28rd 1907 Gainesville Railway Power Company 15000000 15000000 Dec 9th 1909 Georgia Alabama Western Railroad 50000000 May 13th 1908 Georgia Coast Piedmont Railroad Company 257000000 Oct 24th 1907 Georgia Power Company 1 550 00000 155000000 Aug 20th 1909 Georgia Power Company 445000000 445000000 Jan 4th 1910 Georgia Railroad Banking Company 1 00000000 Nov 14 th 1907 Georgia Railway Electric Company 125000000 Apr 22nd 1909 Georgia Southwestern Gulf Railroad Companv 4000000 00 400000000 May 29th 1908 Interstate Power Company 500000000 500000000 Oct 20th 1909 Kennesaw Paper Company 19800000 30200000 Jan 18th 1910 Milledgeville Telephone Company 900000 Mar 16th 1910 Milstead Railroad Company 20000 00 1200000 Dec 3rd 1909 Monticello Telephone Company 600000 Aug 27th 1908 Statement of Stock and Bond Issues and Other Securities Approved by the Railroad Commission of Georgia from August 22nd 1907 to April 1st 1910 Name of Corporation Amount of Bonds Approved Amount of Stock Approved Date of Approval Ocilla Southern Railroad Company Oconee Electric Light Power Company 300000 00 300000000 120000 00 25000 00 300000000 80000 00 750000 00 275000 00 15000000000 150000 00 397995000 135000 00 2500000 300000000 Mar Mar June Mar Mar June Jan 18th 1909 21st 1908 16th 1908 29th 1909 25th 1909 25th 1908 21st 1909 31st 1909 30th 19 9 5th 1909 11th 1909 Oconee River Mills Panola Light Power Company Piedmont Power Company Rome Municipal Gas Company v Rome Railway Light Company Savannah Valley Railroad Company 5000000 Seaboard Air Line Railway June May Mar Sparks Western Railway 10000000 Tallulah Falls Railway 145400000 10000000 30000000 Towaliga Falls Power Company Apr Tnnft 29th 1909 2 Ird 1909 Valdosta Moultrie Western Railroad Company 10000000 15000 00 30000 00 Washington Telephone Company Tun ft 30th 1909 Wofford Shoals Light Power Company Wrightsville Tennille Railroad Company 250000X0 Apr Oct 23rd 1908 18th 1907 Columbus Automatic Telephone Company Fitzgerald Ocilla Broxton Railroad Company 1498116 TIME NOTES and 1000000 STOCK 1600800 Time Notes with int Mar Nov 4th 1M08 1st 1907 140 141 FORMAL COMPLAINTS AND PETITIONS FILED WITH THE RAILROAD COMMISSION SINCE ITS THIRTYSIXTH ANNUAL REPORT The following statement covers only complaints and petitions or contested matters handled by the Commission beginning March 1 1909 up to and including February 28 1910 Informal complaints addressed to the Commission such as requests for rate quotations interpretations of rules classifications and other matters vastly exceed in number those covered by this statement Wlhile such informal communications receive the same care and attention as those of a formal nature they are handled under a general file index and not given a file number as the subjects here enumerated It will be noted that in some instances where some principle or rule of procedure before the Commission is laid down portions of the record in the cases are copied This is done with the purpose of informing any one desiring to file a complaint or petition with the Commission as to the form of petition and as to what the Commission has ruled in such cases In these cases as in all others the files of the Commission are open to inspection by the public and for their information as to the methods employed by the Board in handling etc Complainants complained of rule issued by the defendant company requiring its patrons to use a special form of billlading commonly referred to as Uniform Billlading Complainants stated that they had on hand some 25000 copies of form previously in use on which they had printed the style and address of their forms and which were filled out by them on a machine which they had provided for that purpose and complained that the enforcement of the rule of the defendant railway company would not only inconvenience them but put them to additional and unnecessary expense The Commission handled the matter with the defendant railway company and Becured satisfactory disposition of the complaint by said railway company agreeing to accept complainants printed form provided they stamped thereon the words Subject to the terms and conditions of Southern Railways standard billlading FILE NO 8653 J B Davenport Co vs Southern Railway Company 142 FILE NO 8654 W L Fain vs I Claim for refund of trackage charge Southern Railway Company J FMed March 2nd 1909 Ten cars of lumber reached Atlanta from Bannockburn Ga consigned to complainant Billlading calls for delivery at Johns Street Siding Complainant not being ready to receive said cars instructed the agent of the defendant company to store the lumber and contends that an agreement was had between himself and said agent under the terms of which the railroad company would when cars were ordered from storage place same for unloading without the collection of any charge other than the storage charges The railway company denied making such an agreement On March 25th 1909 after investigation and consideration of the questions involved the Commission wrote complainant as follows Returning all papers covering ten cars of lumber which have been in storage with Southern Railway Company I beg to advise that we have just received the response of the railroad company to our letter of March 2nd copy of which was sent you I enclose copy of said response herewith By reading same you will note that the railroad company denies any understanding as to the switching after storage being performed at no greater expense to you than had the cars been delivered to W A upon their first arriving at Atlanta As you were advised when you were in this office the Commission can only require one service of a switching nature to be performed in connection with the delivery of shipments and then only when same have been in a transportation service and this one switching service was performed by the railroad company in placing the cars for the purpose of unloading for storage Your only recourse therefore rests in whatever rights you may have by reason of the understanding between yourself and the railroad company as to the final delivery or delivery after storage This is a matter of contract or agreement and is of course beyond the control of the Railroad Commission I regret very much our inability to further serve you FILE NO 8655 Ttllu oi Petition for authority to issue Bonds J j Filed March 3rd 1909 The petitioning company desired to issue First Mortgage Bonds in the amount of 1454000 for the purpose of paying off indebtedness in that amount The Commission after holding such hearings and examining such witnesses papers and documents and after making such other investigations as seemed necessary on March 11th 1909 authorized the issue of bonds prayed for and on April 6th 1909 the petitioning company in obedience to the order of the 143 Commission authorizing the issue thereof advised the Commission of the disposition of said securities which disposition was for the purpose for which securities were approved The petitioning company asked the approval of the Commission for an issue of capital stock in the amount of 150000 and First Mortgage Bonds in the amount of 300000 for the purpose of constructing equipping and operating a line of railroad from Ocilla to Nashville Georgia The Commission on March 18th 1909 after holding such hearings and making such other examinations and investigations as it deemed necessary issued an order approving the issue of stock and bonds as prayed for Complainants complained that the defendant company had collected an overcharge on a shipment of lumber moving from Conners Mill to Jacksonville Fla basing his claim on weight arrived at by use of the scale of the estimated weights prescribed by the Commission Upon handling this claim with the railroad company it appeared that the weight charged for was ascertained by a sworn weigher on tested scales Inasmuch as the rule of the Commission prescribing estimated weights specifically provides that said scale shall apply only in the absence of actual weights and for the further reason that this was an interstate shipment the rule of the Commission could not be applied in this case and claimant so advised Complainant had a limited service contract with the defendant company under the terms of which complainant paid defendant 300 per month rent FILE NO 8656 Petition for approval of stock and Ocilla Southern Railroad Co bond issue Filed March 4th 1909 FILE NO 8657 A F Comer vs Atlantic Coast Line Railroad FILE NO 8658 Jos f Vickery vs Southern Bell Tel Tel Co 144 for a maximum service of 100 outgoing calls all outgoing calls in excess of 100 per month being charged for at the rate of 3 cents per call No restrictions are placed around incoming calls such calls being unlimited and no charge made therefor Complainant being charged in the month of February 1909 with 51 extra calls took the matter up with the defendant company and states that he was advised that a charge was made for every call made whether the connection desired was secured or not and with this impression complainant appealed to the Commission for information and relief if his understanding in the matter was correct The Commission advised complainant that no charge should be made where connection with the telephone called was not made but that where connection was made with the telephone called the defendant company was authorized to charge for suph connection whether the special party with whom conversation was desired was reached or not the rule being that when connection with the telephone station called for was made such constituted a call within the terms of the limited service contract The Commission advised complainant that if with this information he had occasion further to communicate with it upon this subject the Board would be pleased to hear from him but no further response received r FILE NO 8659 Colquitt Lumber Co vs Flint River Gulf Railway This was a claim for overcharge on shipment of lumber due to alleged excessive weight figured on basis of estimated weight per thousand feet The Commission advised complainants that if they would furnish it with papers covering the claim or with the defendant railway companys number it would take same up with said road and do what it could to bring about proper disposition but no further response received Claim for overcharge Filed March 4th 1909 FILE NO 8660 C B Ponder Co vs W A and 1 N R R Claimants filed claim against the W A R R under Storage Rule No 14 account delay in placing car for unloading Notice to show cause was served upon the defendant railway company and sufficient cause for relieving it of the penalty claimed not being shown the Commission so ruled and returned papers to claimants for suit all of which as provided for by the Act of 1905 known as the Steed Act I Claim for penalty demurrage Filed March 5th 1909 145 Claimants claim against the L N R R was filed under Storage Rule No 1 account delay in giving notice of arrival Shipment out of which claim arose originated at South Lebanon Ohio and inasmuch as the delay for which claim was filed occurred prior to the termination of the interstate contract of carriage the Commission ruled that its storage rules could not be applied and claimants were so advised Claimants filed claim for alleged overcharge on shipment of cotton seed meal moving over the S A L and Gainesville Midland Railway Company basing their claim on Freight Rule No 27 The Commission advised the claimants that no overcharge was collected because joint shipments of cotton seed meal are not subject to the deduction of 10 per cent as prescribed by Freight Rule No 27 the classification specifically providing that Freight Rule No 27 does not apply This was a petition for the same rates on special iron from Savannah to Atlanta Georgia as applied in reverse direction namely 13 cents per hundred poundsthe rate from Savannah to Atlanta being 23 cents per hundred pounds Copy of the petition was served on the several lines of railway at interest and the petition set down for hearing before the Commission At said hearing both the petitioners and defendant railway companies were represented by counsel and other representatives and all parties desiring to be heard were given full opportunity to present their respective contentions all testimony and evidence being stenographically reported After arguments from both the petitioners and the railway companies and upon consideration of the evidence submitted the Commission on June 17th 1909 denied the petition Commissioners McLendon Hill Hillyer and Candler filed their written opinion with the record in said case FILE NO 8661 Southern Refining Company vs Gainesville Midland Railway v FILE NO 8662 BeckGregg Hardware Co vs Central of Georgia Railway Savannah 146 FILE NO 8663 J H Lipscomb vs Central of Georgia Railway Co Claim for overcharge Filed March 6th 1909 This was claim for overcharge on shipment from Charleston S C to Whitesburg Georgia amounting to 565 Upon handling the matter with the defendant railway company the Commission was advised that refund of the overcharge would be promptly made upon receipt of papers covering claim Papers were forwarded by the Commission and no further complaint received Complainant complained that the defendant railway company failed to stop I its passenger trains at Alapaha Ga with reference to convenience of pas f sengers in boarding and leaving said trains The matter was taken up by the Commission with the defendant company and on March 10th 1909 the General Superintendent of said company advised that steps had been taken which would correct the trouble complained of i No further complaint received This was a claim for overcharge account shipment of 27500 pounds oi shingles and one horse in the same car from Perry Fla to Monroe Ga for the transportation of which 8700 was collected The Commission advised claimant that this shipment being interstate was beyond its jurisdiction but that it would take pleasure in investigating same and doing what it could to cause refund of any excessive charges that might have been collected Upon investigation the Commission found that the charge on the shingles should have been 4840 and on the horse 3820 or a total of 8660 The railroad company was so advised and said company instructed its agent at Monroe to refund to claimant the amount of overcharge collected namely40 cents FILE NO 8664 O Baker vs Atlantic Coast Line Railroad I Convenient stopping of passenger trains Filed March 8th 1909 FILE NO 8665 A S Roberts vs Georgia Railroad 147 FILE NO 8666 Southern Lumber Company Request for information Filed March 9th 1909 This was a request for information as to rates on machinery from Belmont N Yf to Tifton Georgia and Brookfield Ga M P 653 on the A C L R R and also rates on the same from Benton Harbor Mich to Brookfield Ga Information furnished Complainant complained of inability to secure settlement of claim for shortage in weights on coal shipments and asked for information as to his recourse where railroad companies declined to entertain such claims The Commission advised that it was then handling with the railroad companies the matter of adopting some rule covering the weighing of interstate shipments of coal such as would remove cause for complainant along this line that coal shipments in nearly all cases being interstate this Commission could not regulate the reweighing of same and could only handle the question in an informal way On February 17th 1910 the various railway companies theretofore using a different rule covering the reweighing of interstate shipments agreed to adopt a rule in such cases similar to the rule of this Commission The petitioning company applied to the Commission for its approval of an issue of stock in the amount of 3000000 common stock and 3000000 5 per cent Mortgage Bonds payable 30 years from date thereof for the purposes of acquiring property constructing dams power houses and pole lines and equipping and operating a water power plant The Commission on March 25th 1909 after holding such hearings and making such examinations and investigations as it deemed necessary approved the issuance of the stock and wnds for the purposes as prayed for FILE NO 8667 C M Gay weights on vs Central of Georgia Railway FILE NO 8668 Petition for approval of stock and Piedmont Power Co bond issue Filed March 11th 1909 148 FILE NO 8669 Carolina Portland Cement Co vs Seaboard Air Line Rwy Co ham Ala to Lawrenceville Ga Filed March 11th 1909 Rates on sewer pipe from Birming Complainant complained that the defendant company on a shipment of sewer pipe from Birmingham Ala to Lawrenceville Ga which could not be loaded in one car assessed charges on basis of minimum weight for each car usedtwo cars being required for the transportation of the shipment The Com mission advised the defendant company that as there was no published through rate from Birmingham to Lawrenceville and said rate being constructed by applying the published carload rate from Birmingham to Atlanta plus the local rate of this Commission Atlanta to Lawrenceville so far as related to the local rate from Atlanta to Lawrenceville charges should be assessed upon the basis of the carload rate per hundred pounds applied to actual weight of the shipment regardless as to the number of cars required to transport the shipment No further complaint received This matter was taken up with the defendant railway company and an agreement reached between all parties at interest for the provision of suitable depot accommodations Copy of petition served upon defendant railway company and matter set down for hearing A committee of the Commission visited Eatonton Ga and made a personal inspection of the physical conditions On July 30th 109 after having held several hearings and upon consideration of the evidence submitted thereon and of the report of the Committee of the Commission referred to the following order was issued Upon consideration of the above entitled matter and of the evidence and arguments submitted at the hearings thereon and of the report of the Committee appointed to visit Eatonton and inspect the physical conditions obtain ing at that point it is FILE NO 8670 Wainwright Georgia vs Atlantic Coast Line Railroad FILE NO 8671 Farmers Warehouse Supply Co vs Central of Georgia Rwy Co facilities at 149 ORDERED That the Central of Georgia Railway Company put In a aid track at Eatonton Ga as prayed for and on the terms agreed to by petitioners when the right of way for said track is provided without cost to the said railway company Complainants complained that the defendant railroad company had overcharged them in the transportation of 11050 pounds of paper boxes from Columbus Ga to Woodville Ga The Commission advised claimants and the railroad company what the correct freight charges were and no further complaint received Complainant complained that the defendant company had never delivered a prepaid message which was tendered it at Nantahalia N C addressed to him at Vinings Georgia and made inquiry of the Commission as to what recourse he had on the defendant company The Commission advised him that inasmuch as this message was of an interstate character and because any claim that he might have against the telegraph company would be in the nature of damages it was without authority in the premises The Commission referred the matter to the defendant company with request that the amount of charges paid on said message be refunded to complainant Complainant complained that the defendant company held the car operating the last schedule at night namely 1030 P M in front of the theater in order to accommodate those attending the theater while passengers already aboard said cars were thus inconvenienced Complaint thoroughly investi FILE NO 8672 Christopher Box Ptg Co vs Southern Railway Company FILE NO 8673 vs Western Union Tel Company W H Woodbury FILE NO 8674 J W Nesblt vs Macon Railway Light Co 160 gated and upon consideration of the facts disclosed by said investigation the Commission was of the opinion that the defendant railway company was to nishing adequate service aqd complainant so advised Complainant complained that the defendant company oftentimes delayed the delivery of shipments beyond a reasonable time within which delivery should be made Matter taken up with the defendant company and on March 30th 1909 complainant advised the Commission that all causes of complaint had been adjusted This matter was taken up with defendant railway company and said company contended that it would be impracticable to furnish the additional service desired This information communicated to the petitioner with the advice that his petition could not be granted by the Commission unless after a formal hearing and investigation the facts disclosed thereby justified that being done and advised that if a hearing was desired the Commission would set the case down and notify all parties at interest Petitioner advised the Commission that he would take the question up with interested parties and advise us whether or not a hearing was desired but no further response was received This was a petition that the Georgia Railroad be required to extend the operation of its train known as the AtlantaCovipgton accommodation to FILE NO 8675 Arthur Lucas vs Southern Express Company FILE NO 8676 H L Williams vs Southern Railway Company Petition for additional passenger service between Lumber City and Jesup Georgia Filed March 15th 1909 FILE NO 8677 Citizens of Madison and Rutledge Petition for additional passenger train service Filed March 15th 1909 Georgia vs Georgia Railroad 151 Madison and its AtlantaConyers train to Covington The matter was taken up by the Commission with the Georgia Railroad and it being found impracticable to adjust the same by correspondence the petition was sot down for hearing before the Commission and all parties duly notified After several hearings the Commission on November 5th 1909 issued the following order Upon consideration of the record in the above entitled matter and of the evidence and arguments submitted at the several hearings thereon it is ORDERED That the Georgia Railroad be and said railroad is hereby authorized to inaugurate additional passenger trains to be known as trains Nos 93 and 94 between Buckhead and Atlanta Georgia and intermediate points and to discontinue passenger trains Nos 23 and 24 between Conyers and Atlanta PROVIDED That in the event new service be at any time withdrawn with the permission of this Commission trains Nos 23 and 24 shall be at once festered to the schedules now in effect PROVIDED FURTHER That passenger train No 3 which it is proposed shall do the work of train No 23 shall be scheduled to pass Clarkston Georgia not earlier than fivefifty 550 A M and arrive at Atlanta Georgia not earlier than sixtwentyfive 625 A M nor later than sixfortyfive 645 A M PROVIDED FURTHER That should said train No 3 prove to be so frequently out of schedule as to seriously inconvenience regular patrons heretofore dependent upon train No 23 to reach Atlanta and their daily work before seven 7 oclock A M upon such complaint and showing the Commission will at its discretion order the restoration of train No 23 to the schedule now in effect PROVIDED FURTHER That train No 3 proposed to reach Atlanta not earlier than sixtwentyfive 625 A M and train No 94 proposed to leave Atlanta at five 5 P M shall be required to make all stops now made by trains Nos 23 and 24 PROVIDED FURTHER That train No 28 now leaving Atlanta at threeten 310 P M and stopping at Clarkston only on Sundays be scheduled to stop at said point daily Complainants submitted to the Commission 6 six claims for penalty demurrage against the railroad companies above named which claims had been declined by said companies upon the grounds that shipments were interstate and therefore not subject to the rules of this Commission The Commission returned all papers to claimants with the advice that since the rail FILE NO 8678 C B Ponder Co vs Claim for penalty demurrage Filed March 15th 1909 A C L RR and L N R R 152 road companies had declined their claims their only recourse would be a suit in the courts and further that since the repeal by the Legislature of sec to this Commission for approval before entering suit in the courts but that they could under the law as it at present stood institute suits direct Claimants submitted to the Commission 12 claims against the Central of Georgia Railway Company and complained of their inability to secure settlement thereof or to get responses to letters of inquiry addressed to defendant railway company with reference thereto Claims were taken up by the Commission with the defendant company and on June 7th 1909 the Freight Claim Agent of said company advised the Commission that five of the claims had been paid six of them claimants had been requested to withdraw account nonliability of the railway company and as to the other claim the railroad company had no record of having received same This information was furnished claimants with request that they communicate with the Commission further if they had occasion so to do but no further response received Petitioners prayed for a rate of 15 cents per hundred pounds on coffee from Savannah and Brunswick to Atlanta Ga with corresponding rates to other points in Georgia similarly situated Petition was ordered filed and set down for hearing along with the petition of BeckGregg Hardware Company the Commission stating that both cases would be heard and considered together inasmuch as the questions raised in each were similar After several hearings the Commission on June 17th declined the petition tions 3 and 4 of the Steed Act it was no longer necessary for claimsfirst to come FILE NO 8679 Georgia Pine Mfg Company vs Central of Georgia Railway Co FILE NO 8680 McCordStewart Co et al vs Various railway companies 153 FILE NO 8681 Mrs E W Milam LaGrange Ga S Petition for approval of sale of The Telephone Exchange in LaGrange Ga to the Southern Bell Telephone Telegraph Co Filed March 17th 1909 This record covers the sale of the telephone property of Mrs E W Milam in the city of LaGrange Ga known as the Telephone Exchange in LaGrange Ga to the Southern Bell Telephones and Telegraph Company showing the terms and conditions of said sale FILE NO 8682 S A Brim Co 1 Claim for shortage V8 f Filed March 17th 1909 Seaboard Air Line Railway J This was a claim for shortage in weight on carload shipment of coal Matter taken up with defendant company and on March 30th the Freight Claim Agent of said company advised the Commission that claim had been paid FILE NO 8683 W A Ruffin 1 Claim for overcharge J Filed March 18th 1909 Atlantic Coast Line Railroad J Two horses were shipped from Bainbridge Ga to complainant at Atlanta no shipping instructions were given to defendant company which was the initial carrier and said company routed shipment via its line to Montgomery Alabama and thence via the Western Railway of Alabama and Atlanta West Poiqt Railroad to Atlanta and freight charges were assessed as per rate applying via said route namely 163 per hundred pounds or total freight charge on 3500 pounds the weight of the two horses of 5705 The maximum rate on horses L C L prescribed by this Commission from Bainbridge to Atlanta Ga which applies via G F A Rwy to Cuthbert Ga and thence via the Central of Georgia Railway to Atlanta is 15 per hundred pounds and this rate applied to the weight of this shipment would figure total freight charge of 4025 The Commission took the matter up with the defendant railroad company with a view to a refund of the difference between the rate applied and what the charge would have been had the shipment moved via Cuthbert upon the ground that the defendant company had misrouted the shipment Said company advised the Commission that 154 it would be willing to recognize claim for refund on this ground if the Interstate Commerce Commission would allow refund made This Commission therefore filed a petition with the Interstate Commerce Commission setting out the facts above stated and said Commission on June 12th authorized the defendant company to make refund on basis of the BainbridgeAtlanta intrastate rate On June 24th the defendant company forwarded to this Commission draft authority for 1680 the amount of the overcharge which was transmitted Claimants furnished the Commission with reference number covering seven claims for shortage and damage aggregating 13089 Claims taken up with the railroad company and on June 24th the Commission received the following letter from claimants Answering your favor of June 22nd will say our claim No 11 has been paid and our claim account wth the Atlantic Coast Line Railway is balanced for the first time in perhaps twenty years We wish to thank you for hurrying up the payment of these old claims Complainant complained of his inability to collect claim against the defendant company account shipment broken in transit Matter handled with the Southern Express Company and on July 7th the Superintendent of said company advised the Commission that his agent at Tennille Ga had been instructed to make settlement of claim in full Claimant so advised and no further complaint received Complainants complained that the defendant company failed to provide heat water and light in its depot at Osierfield Ga Matter taken up by the Commission with the defendant railroad company and said company instructed FILE NO 8684 Hand Trading Company vs Atlantic Coast Line Railroad damage FILE NO 8685 Geo Bethea vs Southern Express Company FILE NO 8686 G J Bartlebaugh et al Station accommodations at Osierfield Georgia Filed March 18th 1909 vs Atlanta Birmingham Atlantic Rail road Company 155 to see to it that any just cause of complaint was removed Copy of railroad companys response furnished complainants with request that they advise the Commission of any further cause of complaint should any occur but no further complaint received Claimants filed claim for overcharge on shipment of buggies from Headland Alabama to Jackson Georgia a rate of 185 per hundred pounds being applied on said shipment The Commission took the matter up with defendant railroad company and secured adjustment of claim on basis of rate of 161 per hundred pounds made on MontgomeryMacon combination Claimant filed claim for 1500 valu of one coat lost from suit case shipped from Atlanta Ga to Jacksonville Fla The Commission handled the matter with the railroad company and said company requested further information as to the handling of the suit case contending that loss could have occurred while baggage was being handled after leaving possession of said company Claimant was requested to furnish the railroad company with the information ideslired and to commuinicate with the Commission further if it could serve him in any way but no further response was received Petitioners complained that the depot accommodations or station facilities at Douglassville Ga were inadequate and so arranged as to inconvenience Passengers in boarding and leaving trains at said point owing to the necessity of crossing tracks etc A Committee of the Commission visited Douglassville and made a personal inspection of the matter complained of and Of FILE NO 8687 Carmichael Buggy Co vs Southern Railway Company FILE NQ 8688 John T Waugh vs Atlantic Coast Line Railroad Claim for lost baggage Filed March 18th 1909 FILE NO 8689 Citizens pf Douglassville Ga vs Southern Railway Company Petition for improved depot facilties Filed March 19th 1909 156 the station agency and upon its recommendation the Commission after due hearings and such other investigations as it deemed necessary issued an order requiring the Southern Railway Company to submit blue prints o plans providing for an umbrella shed over the passenger landings and for relocation of tracks as specified in said order Said blue prints were submitted and same providing for the improvements contemplated by the order of the Commission same were approved by the Commission and the railway company ordered to improve its depot facilities and station at Douglassville in line therewith Complainant complained that the depot of defendant company at Dawson Ga was inadequate to the reasonable demands of the traveling public at said point and was without any toiletfacilities Matter handled with the railroad company and on April 5th the Chief Executive Officer for the Receivers Mr W A Garret advised the Commission that toilet facilities would be immediately provided and said depot put on a parity with the accommodations furnished at other points on defendants line equal in importance to Dawson No further complaint received Complainant complained that the defendant company assessed extra charges on cotton shipments from the transportation charge to cover weighing and marking Matter handled with the railroad company and on June 8th complainant advised the Commission that his complaint had been satisfactorily adjusted Complainant complained of delay of defendant company in transporting three cars of cross ties which he tendered said company Investigation by the FILE NO 8690 Mayor of Dawson Ga vs Seaboard Air Line Railway FILE NO 8691 J H Rives vs Georgia Railroad FILE NO 8692 W R Richardson vs Georgia Coast Piedmont Rwy Delayed transportation Filed March 22nd 1909 157 Commission disclosed the fact that the delay was occasioned by a wreck on defendants line of railway and that these cars were moved as soon after the wreck was cleared as was practicable Complainant fully informed as to result of the Commissions investigation Complainants complained that the defendant company had quoted them for 54 trip monthly tickets rate of 1050 between Crawfordville and Thomson and 1175 between Crawfordville and Washington Ga whereas the distance between the cities last named was less by 3 miles than the distance between the first named cities Matter was handled by the Commission with the railroad company and said company advised that the CrawfordvilleWashington rate quoted was in error the correct rate being 1000 per monthly book Proper instructions were given to agents of the railroad company and on March 24th complainants advised that their complaint had been satisfactorily adjusted The President of the Atlanta Fruit Produce Exchange complained that the defendant company was negligent in returning empties to shippers The Commission took the matter up with the defendant company and on March 26th the Superintendent of said company advised the Commission that necessary attention would be given the matter complained of such as would correct same No further complaint was received In answer to notice of this complaint the defendant railway company advised the Commission that the telephone had been removed from its agents FILE NO 8693 C H Golucke Son vs Georgia Railroad FILE NO 8694 Atlanta Fruit Produce Exchange vs Southern Express Company FILE NO 8695 C J Hollingsworth vs Southern Railway Company Jackson Georgia Filed March 22nd 1909 Removal of telephone from depot at 158 office at Jackson because of the telephone company increasing its rate After considerable handling of the matter by the Commission the railway company early in June 1909 reinstalled this telephone service Upon investigation of this complaint the Commission found that the delay was not chargeable to the defendant company but to the consignee in failing to promptly take up the shipment It appears that consignees took up shipment on March 24th and defendant company forwarded money order on same day to shippers This information communicated by the Commission to complainants and no further complaint received Complainants complained that the rates on wooden handles from Woodstock Ga to Atlanta were unreasonable Matter taken up by the Commission with the defendant company and said company contended that the rates being charged were the rates prescribed by this Commission and were not only not unreasonable but were low by comparison The Commission advised complainants that it could not order any change In said rates unless after a formal hearing at which all parties at interest had opportunity to be heard it appeared from the investigation thus made that a change was reasonably required and advised complainants that the Commission would be glad to assign their complaint for a hearing upon a request from them to that effect but no further response received The record in this case covers formal consent of above named telephone company to regulation by the Railroad Commission under the provisions of the Act approved August 22nd 1905 FILE N08696 E F Samson vs Southern Express Company FILE NO 8697 Dixie Handle Factory vs Louisville Nashville Railroad FILE NO 8698 Hazlehurst Telephone Co Hazlehurst Georgia Consent to regulation Filed March 24th 1909 159 FILE NO 8699 Morris Walton vs Seaboard Air Line Railway Claim for damage account delayed shipment Filed March 25th 1909 Complainant complained of inability to secure delivery of car of automo biles shipped from Clyde Ohio to Augusta Georgia The Commission took the matter up with the defendant railway company by telephone and said company advised that shipment was being delivered on that day Complainant so advised and no further complaint received Messrs Hardie Co Gainesville Ga petitioned the Commission to adopt the same rating on sorghum as applied to cow peas The Commission on April 10th after investigation declined the petition This was a petition of the above named company for authority to establish temporary telegraph office at Marshallville Ga in order to serve the peach industry at that pointthe office to be opened on June 1st of each year and continued for about six weeks thereafter with the privilege at the expiration of said six weeks to close same Authority granted March 29th 1909 Claimants filed with the Commission statement of nine claims against the defendant company aggregating 6075 filed account stock killed which he complained he was unable to have settled Matter taken up by the Commission with the defendant company and on June 7th the General Counsel FILE NO 8700 Hardie Company Gainesville Ga Classification of sorghum seed Filed March 25th 1909 FILE NO 8701 Postal TelegraphCable Co Temporary telegraph office at Marshaliviiie Ga Filed March 25th 1909 FILE NO 8702 W W Brogdon vs Central of Georgia Railway 160 of said company advised the Commission that vouchers covering all claims had heen mailed direct to claimants This information communicated to claimants by the Commission and no further complaint received Complainant complained that train No 3 of the defendant railway company due to arrive at Atlanta 800 A M was oftentimes late which inconvenienced patrons of said train residing at Jonesboro Georgia The matter handled by the Commission with the defendant company and it appeared that the delays complained of were due to said train No 3 waiting on connections at Macon it being part of the through schedule operating from Jacksonville and Palatka Fla through Atlanta to Nashville Tenn and points beyond The railroad company was instructed to use its best efforts to remove any cause of complaint on this score Complainant advised of the handling of the matter and requested to advise the Commission if he had further occasion to communicate with it upon this subject but no further response received Lamar Grocery Company requested the Commission to give them information as to rates from Ohio River crossings and points basing thereon to Madison Ga as compared with same rates to Washington and Milledgeville Georgia Information furnished with statement as to how rates from the west to each of the points named were constructed Lamar Grocery Company was also advised that if they desired to take up this matter with a view of appealing to the Interstate Commerce Commission this Commission would be pleased to call upon the railway companies at interest to show cause why that should not be done but no further response received FILE NO 8703 M H King vs Central of Georgia Railway FILE NO 8704 Lamar Grocery Company Madison Georgia rates il 161 FILE NO 8705 Jno F Holmes vs Train connection at Millen Ga Filed March 26th 1909 Central of Georgia Railway Complainant complained that the schedules of the defendant company were so arranged as to require a change made at Millen between trains The matter handled with defendant company which furnished a full statement of the necessities required to be met in arranging the schedules complained of Copy of railway companys response furnished complainant by the Commission with a statement from the facts disclosed by the investigation the railroad company was furnishing as good schedules through Millen as was practicable under the conditions obtaining but also advised him that if he had anything further to submit the Commission would be glad to hear from him but no further response received The Commission served notice upon the defendant railroad company to show cause if any it could why this claim should not be paid Said company replied that inasmuch as there was nothing to show that claimant sustained any damage or that the railroad company was guilty of carelessness and negligence it would not pay the claim The Special Attorney to the Commission advised that there was at this time pending before the Supreme Court the case of Melton vs Southern Railway Company which would probably decide the issues raised in the case and that it would be well to await the decision of the court That direction was accordingly given the matter This was a claim for overcharge account shipment from Terra Haute Ind to Tallapoosa Ga claimants basing their claim for overcharge on that part of the through rate applying to the movement from Atlanta to Tallapoosa Ga The Commission after checking the rate advised claimants that their contention as to the proper rate from Atlanta to Tallapoosa was correct but I FILE NO 8706 E E Lowe Co vs Southern Railway Company FILE NO 8707 T M Kehoe Co vs Southern Railway Company 162 that the through rate or total charge had not exceeded the current published rate and hence no overcharge was collected Complainants complained that the defendant company refused to apply the rating on empty bottles returned unless same were returned within 90 days from the date of original movement or date of shipment of bottles when filled Complainants advised by the Commission that at that time it had no rate on empty bottles returned and in the absence thereof the rule of the railway company requiring that return be made within 90 days from date of original shipment would govern but that the question of adopting some rating was then on the docket of the Commission for hearing on April 8th 1909 Upon consideration of the evidence submitted at said hearing and of the investigations made the Commission on July 9th 1909 adopted a rate on empties returned of 12 the rate applying in the reverse direction when filled and said rate was published in circular No 342 Complainants complained that Waynesboro Georgia enjoyed lower rates on bagging cotton ties and sugar from Savannah than applied to Millen Matter set down for hearing before the Commission and all parties at interest fully advised and given full opportunity to be heard On October 21st 1909 the Commission issued the following order WHEREAS the Railroad Commission on January 13th 1905 granted the Central of Georgia Railway Company authority to make effective from Savannah to Waynesboro special rates bagging cotton ties and sugar without requiring said company to revise its rates between Savannah and other points on its line this authority being subject to reconsideration at any time should complaint arise and WHEREAS complaint has been made by parties at Millen Ga upon account of the special rates on the commodities named applying from Savannah to Waynesboro and WHEREAS the Commission is of the opinion that there has been no suffi FILE NO 8708 Atlanta Brewing Ice Co vs Southern Railway Company FILE NO 8709 Millen Georgia vs Central of Georgia Railway 163 dent cause shown why the rates on these commodities from Savannah o Waynesboro should be lower than applies from Savannah to Millen it is ORDERED That the authority granted the Central of Georgia Railway Company by the Commission on the date above referred to be and the same is hereby revoked PROVIDED HOWEVER that the Commission will consider as a compliance with this order the establishment of rates from Savannah to Millen on the commodities referred to the same as now apply from Savannah to Waynesboro FILE NO 8710 Marietta Ga and Acworth Ga et a Change in train schedules I AJVS f Filed March 29th 1909 Western Atlantic Railroad Various citizens of Marietta Acworth Ga and other stations on the defendants line of road between Atlanta and Cartersville Ga requested the Commission to require changes made in the schedules of the trains of said company leaving Atlanta during the afternoon Complaint was made that four trains left Atlanta over defendants line during the afternoon within the space of 25 minutes and by reason of that fact the lives of passetngers were in danger that by changing the time of departure from Atlanta of the ROME EXPRESS said danger to passengers would be lessened and petitioners would be afforded an earlier mail service and other inconveniences complained of would be removed Upon an investigation the Commission found that the trains of defendant company were operated on block signals and that the train the schedule of which was desired changed did not carry mail The defendant company contended that the schedule as maintained afforded the best service to the largest number of patrons and declined to change same The Commission informed petitioners that it could not order any change unless after a formal hearing the investigation of the facts disclosed seemed to reasonably require that being done and if a hearing was desired it would assign a date for that purpose and notify all parties at interest No further response received FILE NO 8711 John W Zuber vs Gainesville Midland Railroad Claim for penalty demurrage Filed March 29th 1909 I This matter handled and disposed of by the Commission in the same manner as indicated in brief of File No 8678 164 FILE NO 8712 J O Smith vg Claim for penalty demurrage Central of Georgia Railway FIed March 27th 1909 This was a claim for penalty demurrage account delay in transportation of car of lumber from Ashburn Ga to Buena Vista Ga Investigation not yet completed FILE NO 8713 Johnson Hardware Co Claim for lost shipment and request vs L for information Atlanta West Point Railway J Filed March 29th 1909 Complainants complained of inability to secure settlement of olaim filed account loss of one cotton planter shipped from Charlotte N C to them at Newnan Ga Claim taken up by the Commission with the defendant company and on April 10th complainant advises that same had been paid Request was also made for information as to rate on aluminum ware from New Kensington Pa to Newnan Georgia Information furnished FILE NO 8714 Copeland Grocery Company Delayed transp0rtat0n Y Filed March 29th 1909 Seaboard Air Line Railway Complainants complained of delays to shipments from Atlanta Ga consigned to them at Elberton Georgia Matter taken up with the defendant railway company and said company instructed to investigate and report to the Commission and to give such instructions in the premises as would remove any just cause of complaint The railroad company made prompt and full response copy of which was furnished complainants FILE NO 8715 Citizens of Dudley Ga Y I Depot accommodations Vf Filed March 31st 1909 Macon Dublin Savannah R R j This was a petition for improved dpt accommodations The Commission took the matter up with the defendant railway company and said company admitted the inadequacies of its depot facilities at Dudley Ga and submitted blue print of plans for said improvements therein and said blue print was forwarded 165 by the Commission to the Mayor and Council of Dudley with request that same be submitted to interested citizens for their inspection The proposed improvements meeting with the approval of the people of Dudley Ga were approved by tse Commission and the railroad company instructed to provide improvements in its depot at that point in accordance therewith Copy of complaint served upon the Georgia Railroad with instructions that same be investigated and full response made The railroad company advised that its investigation disclosed the fact that some shipments consigned to complainant had been received and delivered in bad order and that complainant had been requested to file claims for such damage which claims would be promptly paid and that such instructions had been given as would prevent as far as practicable cause for further complaint Copy of the railroads response furnished complainant with request that if he had further cause to complain that he advise the Commission but no further complaint received Complainant complained of inability to secure settlement of overcharge claim against the defendant company which had been pending since July 1908 Matter taken up by the Commission with the several lines at interest and after considerable correspondence claim was paid August 27th 1909 This was a complaint that the defendant railway company failed to provide waiting room accommodations at Valdosta Ga on March 10th for its north FiLE NO 8716 S Y Lowe vs Georgia Railroad FILE NO 8717 B A Murphey vs Southern Railway Company FILE NO 8718 Thos E Watson for Mrs J A WilP 1 Failure to provide waiting room ac liams commodations Filed March 31st 1909 vs Georgia Southern Florida Rwy 166 bound passenger train leaving that point at 1200 midnight Copy of complaint I forwarded by the Commission to the defendant railway company with instruc I tions that full response be promptly made The VicePresident of said company furnished the Commission with his entire file covering the investigation of said complaint which file was transmitted by the Commission to complainants attorney for inspection Mr Watson returned said papers with request that the matter be held open until he could communicate with Mrs Williams further The Commission advised both the railroad company and complainants attorney that the complaint would be held open as requested by Mr Watson but no further communication received upon the subject This was a claim for shortage in shipment of wheat from Atlanta to LaGrange Georgia The following letter addressed by the Commission to complainants on May 21st 1909 will explain the nature and handling of said claim Replying to your favor of the 15th I beg to advise that an earlier response would have been made to same in which you requested an expression of opinion as to your right to realize on your claim against the Atlanta West Point Railroad account lost shipment of wheat from Atlanta except that we have been so busily engaged in matters of pressing demand that earlier attention to your matter could not be given The Commission from time to time is called upon to handle for citizens of this State claims for loss damage overcharge etc and while we always take up such claims with the companies complained against we are compelled to do so in an informal way as the Commission has no authority to sit as a court and find the measure of damage or reparation to which shippers are entitled under claims of this sort The Special Attorney to the Commission has advised the Board that it has authority only to fix rules prescribing the duties of railway companies in the matter of paying claims This the Commission has done and our rule requires just claims paid within 30 days after same are filed As to the merits of your claims it appears that J D Frazier Co hold receipt for 1430 pounds of wheat which was sold FOB Atlanta this being true Frazier and Company are in no wise interested in this claim as the railroad company was after the receipt of the wheat acting as your agent in the delivery of the amount for which they had given receipt The matter therefore rests between yourselves and the railroad company It appears that you gave the railroad receipt for 1430 pounds Of course this would not be binding if in fact the railway company did not deliver you that amount as the signing of the re ceipt etc was all done in the formal and ordinary course of business It appears that the goods arrived at destination and were delivered on November FILE NO 8719 Roper Wholesale Grocery Co vs Atlanta West Point Railway Claim for shortage Filed March 31st 1909 167 Uth whereas same were not weighed until November 16th or until several days after you had same in your possession We are compelled to return all papers to you and to advise that your only recourse since the railroad company declines to admit liability is a suit in the courts Regretting that we can not be of service to you in this matter but assuring you of our readiness to assist you whenever we cam Atlanta Birmingham and Atlantic 1 Flag stop at Fender Georgia Railroad J Filed March 31st 1909 The above named railroad company petitioned the Commission for authority to establish temporarily a flag stop at Fender Georgia with authority to discontinue same at the expiration of 60 days time provided the business received from said stop did not warrant its continuance Authority granted April 1st 1907 Complainant complained that by reason of defendant company maintaining its express office at Lawrenceville Ga in connection with the railroad companys agency the patrons of said company were subjected to unnecessary and unreasonable inconvenience The matter handled by the Commission with the defendant company and on April 24th 1909 complainants advised the Commission that arrangements had been made by the express company for opening an office in the business district of Lawrenceville Ga which satisfactorily disposed of the complaint Complainants complained that the defendant railway company refused to accept shipments of oil from them at Atlanta except on Wednesdays and Fri F1LE NO 8720 S FILE NO 8721 J A Perry vs Southern Express Company FILE NO 8722 Atlas Oil Company vs Southern Railway Company 168 days The matter handled with the railway company and on April 10th the General Freight Agent of said company adyised the Commission that arrangements had been made with complainants whereby their shipments would be received on any day of the week No further complaint received FILE NO 8723 B O Hill vs Central of Georgia Railway This was a claim for overcharge on shipment of woven wire fencing and staples from Savannah to Greenville Ga The Commission took the matter up with defendant company and advised the amount of overcharge collected which was refunded claimant on April 19th 1909 Claim for overcharge f Filed April 2nd 1909 FILE NO 8724 C R Williams vs Request for information Central of Georgia Railway j Filed April 2nd 1909 This was request for information as to correct rate applicable on shipment of horses from Atlanta to Greenville Ga moving via Opelika Ala Information furnished FILE NO 8725 Dyson Manufacturing Co vs I Claim for overcharge Atlantic Coast Line Railroad Fied APril 3rd 1909 This was a claim for alleged overcharge on shipment of building material from Savannah to Cairo Georgia Upon examination of the papers the Commission found that no overcharge was collected and so advised claimants 169 FILE NO 8726 Citizens of White Plains et al vs Additional passenger train service Filed April 3rd 1909 Georgia Railroad Numerous citizens of White Plains Ga and vicinity petitioned the Commission to require the Georgia Railroad to furnish the same passenger train service between Union Point and White Plains on Saturday afternoon and Monday morning as furnished on every other day of the week Matter handled with the railroad company and on July 29th 1909 petitioners advised that the desired services had been inaugurated Complainants complained of inability to collect a claim which they held against the defendant company t amounting to 1350 but did not furnish sufficient information concerning same to enable an intelligent investigation by the Commission The necessary information was requested by the Commission of complainants but no response received from them Information contained in letter of complainant was not sufficient to enable the Commission to intelligently handle the matter complained of and complainant was requested to furnish the necessary facts but no response received from him The petitioning company prayed for the approval of the Commission of an issue of capital stock in the amount of 50000 and First Mortgage Ronds of like amount for the purpose of building and equipping a line of road from LaFayette Ga in Walker county running in a westerly direction to a point on FILE NO 8727 Sapp Furniture Co vs Georgia Southern Florida Rwy Filed April 3rd 1909 FILE NO 8728 J C Sikes I Alleged overcharge on passenger tick vs Atlantic Coast Line Railroad ets from Valdosta Ga to White ville N C Filed April 3rd 1909 FILE NO 8729 LaFayette Railroad Company 170 the Chattanooga Southern Railway a distance of about 4 miles After due hearing and investigation the Commission on April 15th 1909 ordered that the issue prayed for be approved upon the petitioning coihpany filing in this office copy of the Mortgage under which said securities are to be issued hut thus far said company has failed to file said copy of mortgage and therefore the stocks and bonds prayed for have not been authorized This was a claim account shortage from shipment made by claimant from Atlanta to Grand Ridge Fla Matter handled with the defendant railroad company but no adjustment secured The Commission found upon investigation that while the Southern Classification carried lower rating on tent poles and tent pins than the classification of this Commission the rating on tents in the Commissioners classification was lower than the ratings on the same article in the Southern Classification The Commission was of the opinion that the interests of shippers of tents would he best subserved by retaining the ratings carried in its classification rather than by adopting the Southern Classification ratings in lieu thereof inasmuch as such shippers would be more interested in the rate on tents than on the poles and pins Petitioners were so notified and advised that if a hearing was desired upon this matter the Commission would assign a date for that purpose but no further response received Claimed filed account overcharge on shipment of one dog from Munnerlyn Ga to Blackshear Ga Claim handled with the defendant company and on April 24th 1909 claimant advised same had been paid FILE NO 8730 Standard Blower Metal Mfg Co vs Central of Georgia Railway Co FILE NO 8731 M D H L Smith Co Dalton Georgia Filed April 5th 1909 Petition that Commission adopt Southern Classification ratings on tents poles and tent pins FILE NO 8732 J A Brant vs Southern Express Company Claim for overcharge Filed April 5th 1909 171 FILE NO 8733 Georgia Railway Electric Co Atlanta Georgia Petition for approval of bond issue Filed April 6th 1909 The petitioning company prayed for the approval of the Commission of an issue of 20000000 Refunding and Improvement Mortgage 5 Gold Coupon Ronds to be dated January 1st 1909 payable January 1st 1949 1250000 of which it desired to issue at this time for the purpose set out in the petition After due hearings and investigations the Commission approved an issue of said bonds in the amount of 1250000 in the manner and form as prayed for and as set forth in the petition and amendment thereto and for the purposes therein stated but ordered that no more of the 20000000 issue contemplated in the mortgage attached to the petition be issued except upon the future approval of the Railroad Commission Complainants complained that the defendant company had increased its charges for placing cars at Milledgeville from 200 to 250 per car Complaint taken up with the defendant company and on April 14th before the investigation of the Commission was completed complainants requested that their complaint be withdrawn and accordingly the Commission closed its record in said case This claim was filed account alleged excessive lighterage charge collected in New York harbor upon investigation the Commission found that the charges collected upon the shipment were the duly published rates and that no overcharge existed and claimants were so notified FILE NO 8734 Oconee Brick Tile Co vs Milledgeville Railway Co FILE NO 8735 StewartMorehead Co vs Atlantic Coast Line Railroad 172 FILE NO 8736 NormanButler Lumber Co vs Increased rates on lumber Atlanta Birmingham Atlantic Rail Filed April 6th 1909 road Complainants complained that the defendant company had increased its rates on lumber from Norman Park to Savannah Georgia Upon investigation the Commission found that the defendant company had increased said rates and that increases were made without the authority of this Commission first being obtained The Commission issued an order requiring the restoration of the rates in effect prior to the increased rates and the railroad company promptly restored same Subsequent to the restoration of the old rates the defendant company petitioned the Commission for authority to revise said rates to basis of lowest combination and after notice to all parties likely to be interested in said matter and after due hearings the Commission on October 11th 1909 authorized revision of rates in question to basis of lowest combination Complainant complained that the conductors of defendants trains failed to place freight consigned to parties at Tibet Ga in the depot and that by leaving same on the platform of the depot unprotected damage oftentimes occurred to said freight The matter was handled with the defendant company with instructions to have any just cause for complaint removed Copy of the railroad companys response furnished complainant with request that he advise the Commission of any further cause of complaint but no response received Upon investigation of this complaint it appeared that the telegraph office at Round Oak Ga had been maintained by the railroad company and was discontinued because of train service at said point not warranting its contin FILE NO 8737 W N Middleton vs Georgia Coast Piedmont Rwy FILE NO 8738 McCullough Sammons V8 Central of Georgia Rwy Co 173 uance and as the railroad company could not be required to maintain a commercial telegraph office the Commission could not require the office at Round Oak to be reopened Full information as to the Commissions handling of the matter furnished complainants and no further complaint received FILE NO 8739 Petition for approval of bond issue Towliga Falls Power Co j piled April 8th 1909 The petitioning company prayed for the approval of the Commission of its issue of 6 per cent Mortgage Bonds in the amount of 100000 for the purpose of acquiring property and constructing and equipping a water power plant on the Towaliga River After due hearing and investigation the Commission on April 29th 1909 approved the issue of bonds as prayed for FILE NO 8740 Central of Georgia Rwy Co jTariff file report This record covers the office check on tariffs filed with the Commission by the Central of Georgia Railway Company FILE NO 8741 Southern Railway Company X Tariff file report This record covers the office check on tariffs filed with the Commission by the Southern Railway Company FILE NO 8742 Atlantic Coast Line Railroad j Tariff file report This record covers the office check on tariffs filed with the Commission by the Atlantic Coast Line Railroad Company 174 FILE NO 8743 Seaboard Air Line Railway Co j Tariff file report This record covers the office check on tariffs filed with the Commission by the Seaboard Air Line Railway Company FILE NO 8744 Atlanta Birmingham Atlantic R R Tariff file report This record covers the office check on tariffsfiled with the Commission by the Atlanta Birmingham Atlantic Railroad FILE NO 8745 Georgia Southern Florida Rwy jTariff file report This record covers the office check on tariffs filed with the Commission by the Georgia Southern Florida Railway Company FILE NO 8746 Atlanta West Point Railroad jTariff file report This record covers the office check on tariffs filed with the Commission by the Atlanta West Point Railroad Company FILE NO 8747 Georgia Railroad Tariff file report This record covers the office check on tariffs filed with the Commission by the Georgia Railroad 175 FILE NO 8748 Western Atlantic Railroad I Tariff file report This record covers the office check on tariffs filed with the Commission by the Western Atlantic Railroad Company This record covers the office check on tariffs filed with the Commission by the various miscellaneous short lines in Georgia This record covers the office check on tariffs filed with the Commission by the various Associations issuing tariffs for account of the various railroads Complainants complained of annual rental charge which they were required to pay defendant company for side track facilities The matter was taken up by the Commission with the railroad company but pending investigation of the Commission the complainants on May 3rd requested a withdrawal of their complaint as an adjustment thereof had been reached between themselves and the railroad company Citizens of Brewton Adrian et al vice at Brewton Petitioners desired a change in schedule of defendant companys BrewtonItover train due to leave Brewton Ga at 730 A M as would allow connection made at that point with the train of the W T Rwy due to leave FILE NO 8749 General Railroads I Tariff file report FILE NO 8750 Common Tariffs and Associations j Tariff file report FILE NO 8751 DavisSears Lumber Co vs Atlantic Coast Line Railroad FILE NO 8752 vs Central of Georgia Railway Co 176 Brewton at 800 A M Matter handled with the defendant company and on May 5th said company advised that arrangements for the desired connection had been made by holding its train at Brewton until the arrival of the W T train referred to FILE NO 8753 Petition for passenger and freight tarSparks Western Railway I iffs Filed April 8th 1909 The petitioning company advised the Commission that it was ready to begin operation as a common carrier and desired the Commission to prescribe for it freight and passenger tariffs said company had track constructed from Sparks in a westerly direction to Pineboro Ga a distance of 14 miles The Commission on May 11th placed said railroad in passenger class E and freight class D FILE NO 8754 Nixon Grocery Co vs Central of Georgia Rwy Co Charleston Western Carolina R R Wagon sheds at freight depot at Augusta Georgia Filed April 8th 1909 Complainants complained that the defendant companies had no sheds or other protection for wagons loading and unloading freight at their depot at Augusta Complaint taken up with the defendant companies and said companies protested against being required to provide said sheds contending that their present facilities were all that were really required The Commission called upon its Special Attorney for an opinion as to the authority of the Commission to require the erection of such sheds and said Special Attorney advised that if the erection of such sheds is reasonably necessary taking into consideration the conditions of the companies and all surrounding circumstances the Commission has the power to require their erection Complainants were then advised that as the railroad company had declined to provide the desired improvements it would be necessary before the Commission could make an order in the premises to have a hearing and other investigations for the purpose of determining the necessity of the improvements desired and that if they desired it the Commission would assign this matter for hearing and complainants were requested to notify it of their pleasure in the matter but no further response received 177 FILE NO 8755 Spratt Chair Co vg f Demurrage on interstate shipments Southern Railway Company j Filed April 9th 1909 Complainants requested information as to the authority of the defendant company to collect 100 demurrage charge on a shipment consigned to them at Atlanta from Tell City Ind notice of arrival of which was received by them on April 7th and freight charges paid and order for placing given at 1100 A M on April 8th The Commission advised complainants as follows under date of April 15th Replying to your favor of the 8th relative to demurrage charges assessed by the railroad company on a car of stock from Tell City Ind I beg to advise that as intimated in your letter this matter is beyond the jurisdiction of this Commission and hence our rules can not be applied to the demurrage feature Under the rules of the railway companies governing interstate demurrage charges filed with the Interstate Commerce Commission I beg to advise that where notice is given consignee of the arrival of freight such consignee has until 700 A M of the following day as free time within which to give notice for disposition or placing of the car It appears from your letter that notice of this sort was not given until 1100 A M on the 8th whereas notice of arrival was served on you on the 7th Under the rule of the railway companies governing interstate shipments as above set out it therefore appears that the charge of 100 is properly assessed FILE NO 8756 The White Company vs Central of Georgia Rwy Co I Claim for overcharge f Filed April 10th 1909 This was a claim for alleged overcharge on carload of automobiles shipped by complainant from Atlanta to Waynesboro Ga Upon investigation of the claim papers the Commission found that the rates authorized by it on automobiles had been applied and that no overcharge existed It was the opinion of the Commission however that its ratings on automobiles should be revised and after further consideration and investigation the Commission on oly 10th in circular No 342 published revised ratings on automobiles the e ect of which was to materially reduce the carload ratings and to better e nethe conditions under which such shipments should be made so as to more nearly conform to the requirements of existing conditions 178 FILE NO 8757 A M Soule I vg Inadequate gas supply service u S C Filed April 12th 1909 Athens Gas Company j Complainant complained that the defendant company failed to supply the Georgia State College of Agriculture with satisfactory gas service which complainant desired to use for lighting and laboratory work Matter was taken up with the defendant company and said company made full response to matter complained of Copy of said answer was furnished by the Commission to complainant with request that he advise the Commission further after receipt of same if he had anything further to submit but no further response received FILE NO 8758 TriState Claim Agency vs Stuart Lumber Company Babcock Lumber Company Complainants advised the Commission that each of the defendant companies were operating railroads without any prescribed rates Upon investigation the Commission found that the defendants operated tram roads in connection with their saw mills and while not holding themselves out as common carriers they from time to time hauled freight for parties living along their lines of road as a matter of convenience to said parties and each defendant company advised the Commission that if they were required to engage in business as common carriers and serve all parties demanding service because of the fact that they served a few as above stated they would cease altogether doing any hauling for any one for hire The Commission advised complainants inasmuch as these tram roads were not chartered but were privately owned and operated that they could not be required to engage in business as common carriers and that if the Commission should rule that each company must furnish to all parties the same facilities and rates it would result in said companies discontinuing altogether hauling for any one and such action would greatly inconvenience those now being served Complainants were requested to advise the Commission further if they had anything further to submit but no further response received Operating railroads without tariff of rates Filed April 12th 1909 179 FILE NO 8759 M P Hodges vs Southern Express Company Complainant complained that the defendant company declined to pay him certain commissions earned by him while agent of said company at Logansville Ga The Commission advised the complainant that while it had no jurisdiction over such matter it would be glad to call his complaint to the attention of the defendant company and do anything it could to bring about satisfactory disposition thereof This was done and on June 9th the Commission was advised that the matter had been satisfactorily closed Inability to collect agency commission Filed April 13th 1909 FILE NO 8760 AvV 1 Petition for change in classification of Atlanta Freight Bureau z Jf V coffee substitutes J Filed April 14th 1909 Petitioners desired the Commission to amend its classification on coffee substitutes at that time reading Coffee substitutes cereal same as Chicory which was 4th class to read Coffee substitutes cereal same as food preparations cereal N O S ratings on which were somewhat lower than 4th class depending upon the package etc Matter handled with the traffic officials of the main lines in the state and on July 10th 1909 in circular No 342 the Commission published an amendment to its classification as prayed for by petitioners FILE NO 8761 J R T Bunn vs Western Union Telegraph Co Claim for overcharge Filed April 15th 1909 This was a claim for overcharge collected on a message sent by claimants rom Fairfax Ga to Bainbridge Ga Matter taken up with the defendant company and same was paid on May 5th 1909 180 FILE NO 8762 B C DeLeon I Unsatisfactory telephone service at vs W Atlanta Georgia Southern Bell Tel Tel Co J Filed April 15th 1909 Complainant complained that by reason of the similarity of the number of his telephone station to other numbers he was often troubled with his bell ringing when connection with some other station was being sought Also complained that during a long distance conversation with a party in Mobile Ala connection was broken and he lost the sale of a car of merchandise by reason of that fact Copy of complaint served upon the defendant company and said company advised that steps had been taken to reduce to a minimum cause of complaint as to operators ringing complainants station when other stations were desired and that upon investigation it was found that connection with the Mobile party was not broken by the defendant company but by the Mobile party himself said party stating that he discontinued the conversation thinking that defendant had finished talking Copy of defendant companys response furnished complainant with request that he communicate with the Commission if he had occasion1 to further complain but no further response received from him FILE NO 8763 Gerald Ware vs I Bulletining delayed trains Atlanta Birmingham Atlantic Rail Filed April 16th 1909 road Company Complainant complained of his inability to secure information at Waycross Ga on April 3rd 1909 relative to time defendants train would arrive at that point which was scheduled to arrive at 714 P M Matter taken up with the defendant company and said company instructed to see to it that the rules of the Commission requiring the posting of delayed trains were fully carried out Investigation disclosed the fact that the train in question was only 201 minutes late and hence was not required to be posted under the rules of the Commission Copy of Commissions rules furnished complainant with request that he coni municate with this office any cause of complaint along this or any other line in the future but no further complaint received 181 FILE NO 8764 J A McKinnon I Claim for lost shipment x VS m j I Filed April 9th 1909 Atlantic Coast Line Railroad J r Complainant complained of Ills inability to secure settlement of claim against the defendant company amounting to 6129 filed account loss of one case of homespun Matter taken up with the defendant company by the Commission and full amount of claim paid April 16th 1909 FILE NO 8765 Bob H McGinnis vs Western Atlantic Railroad I Refusal to place cars for unloading j Filed April 17th 1909 Complainant complained that defendant company refused to place for unloading by him two cars of cotton seed hulls consigned to him at Cartersville which reached destination over the Atlanta Birmingham Air Line Railroad Complainant desired cars placed on side track adjacent to his warehouse and stated that this track was also used by various other shippers and receivers of freight The Commission advised that if the track in question was a private siding the railroad company should place these cars thereon for unloading as required under storage rules 13 and 14 Complainant replied that said rules made no reference to privately owned tracks and requested further advice as to this feature of the case The Commission thereupon wrote complainant on April 29th as follows Replying to your favor of the 24th with further reference to refusal of the Western Atlantic Rwy to place cars for unloading at your warehouse which arrived at Cartersville Ga over the S A L Rwy I beg to advise that my reason for referring to private side tracks in my letter of April 22nd was for the purpose of confining the application of our rules to movements destined to points other than the terminal facilities maintained by the W A Rwy for serving its own patrons Under the law no railroad company can be required to give over to the use of another railroad company facilities maintained by it for serving its own patrons Under our rules however all companies are required to accept and deliver cars to private sidings or other tracks which do not form a part of the railroad companies team tracks or terminal facilities and this is why I referred to private sidings As I understand your case you desire the W A Rwy to accept from the S A L Rwy and place cars to be unloaded into your warehouse which is situated alongside a track of the W A Rwy maintained not exclusively for your own use but for any and all shippers desiring to use same If such is the case the W A Rwy could not be required to perform the service in question If we are in error as to the facts we will of course be glad to hear further from you Savannah Electric Repair Co vs Savannah Electric Company Rebates Filed April 19th 1909 Savannah Lighting Company J Complainants complained that the defendants were wiring business places free swapping new fans for old ones and doing electrical repairs without cost to consumers to the great detriment of the electrical supply and construction companies in Savannah Upon investigation the Commission found that by reason of the competition between the defendant companies for business in Savannah each company was furnishing free to its customers many appliances and conveniences which ordinarily were supplied by electric and supply companies similar to complainants and advised complainant that while the Commission appreciated the hardships resulting to them by reason of the existing conditions such hardships came from the principle of free competition which principle had long been contended for by the public and unless there was unjust discrimination or actual rebating being practiced this Commission could not remedy their cause of complaint The matter was handled by the Commission with all parties concerned but it did not appear that the free service resulting from the competition referred to was such as should be required discontinued by the Commission Petitioners desired a special rate of 75 cents per ton on talc from Chatsforth Ga to Atlanta Georgia Matter was handled with the railroad company and said company contended that the present rales of the Commission on talc were not only not unreasonable but very low and said company therefore declined to grant the special rate desired The Commission advised petitioners that it could not pass an order requiring reduction in said rate unless after a hearing at which all parties at interest could be given an opportunity to be heard the facts disclosed thereby justified that being done and advised petitioners that if a hearing was desired a date would be assigned for that purpose Petitioners replied that they would first handle the matter themselves informally with the railroad company in the hope of securing a satisfactory rate and nothing further received from them on the subject FILE NO 8767 Cohutta Talc Co vs Louisville Nashville R R 183 FILE NO 8768 Atlanta Freight Bureau Classification of paper boxes Filed April 19th 1909 Petitioners desired the Commission to adopt the same rating on paper boxes as applied in Associated Railways territory After investigation the Commission was of the opinion that changes in its ratings as prayed for should not be granted but that its classification should be made clearer by adopting a rating of iy2 times first class on paper boxes in nests of two and allow its present rate of 1st class nested to apply when nests contained three or more boxes These changes were published on July 10th 1909 in circular No 342 This was a claim for overcharge on carload of telephone poles shipped to claimants at Cedartown Ga from Baxter Tenn Matter handled with the defendant company and correct amount of overcharge ascertained which amount was refunded by the railroad company on May 28th 1909 Complainant complained that the defendant company refused to sell him a ticket on his clergy permit from Atlanta to Eatonton stating that tickets could not be sold to a point beyond its own line Commission advised complainant that the clergy permits and privileges which they give to the holders thereof were not directly within the control of this Commission but that the matter would be handled with the defendant company in an endeavor to have changed any unreasonable requirement The Chairman of the Southeastern Passenger Association advised the Commission that while interline tickets at reduced rates were extended to Ministers wherever practicable it was impracticable to place in the hands of the ticket agents tariffs of interline courtesy rates covering all destinations and that therefore in some instances it was necessary for the holders of clergy permits to purchase tickets to a junction point and therefrom purchase another ticket to destination Full information as to the Commissions investigation furnished complainant and no further complaint received FILE NO 8769 Gainesboro Telephone Company vs Central of Georgia Railway Co FILE NO 8770 Rev A C Cantrell vs Georgia Railroad 184 FILE NO 8771 Citizens of Fife Ga vs Depot Atlanta Birmingham Atlantic Rail j Filed April 20th 1909 road Company This matter was taken up with the defendant railroad company and said qompany took the position that the business at Fife Ga did not warrant the expenditure necessary for constructing a depot and maintaining an agency station at that point The matter was set down for formal hearing before the Commission and all parties at interest given full opportunity to be heard By reason of a controversy arising between certain of the petitioners as to the proper location of the depot if one should be ordered erected on August 10th counsel for petitioners asked to be allowed to withdraw petition and accordingly the Commission closed its record in said case advising petitioners that same would be reopened at any time upon the receipt of request to that effect i FILE NO 8772 S C Smyly vs Western Union Telegraph Co Complainant complained of nondelivery of telegram addressed to him in Eastman Ga from Macon Ga charges on which were prepaid Matter handled with defendant company and said company advised that all steps possible had been taken to prevent a recurrence of such complaints and advised that it was ready to refund the tolls paid on said message Complainant declined to accept the refund of tolls as a satisfactory disposition of his claim and filed a claim for damages in the amount of 500 The Commission advised complainant that his claim being one for damages same was beyond its jurisdiction but referred same to defendant company and said company advised that claim would have due consideration I Nondelivery of telegraph message j Filed April 20th 1909 FILE NO 8773 C A Jones vs Seaboard Air Line Railway This was a claim for damage to shipment in transit from Savannah to Columbus Ga The Commission advised claimant that inasmuch as it had no jurisdiction over claims of this character and the railroad company had declined to pay same his only recourse was a suit in the courts I Claim for damages Filed April 20th 1909 185 FILE NO 8774 Albany Grocery Company vs Central of Georgia Railway Co Claim for overcharge Filed April 20th 1909 Claimants complained of their inability to secure settlement of their claim in full against the defendant company account of overcharge in freight on shipment moving from Kansas City Mo to Albany Ga and also another claim on shipment from Albany to Damascus Ga Claims taken up with the defendant company and said company on June 5th 1909 advised that both had been paid The record in this case covers the sale of telephone property of H D J G Spivey in the city of Batonton Georgia to the Southern Bell Telephone and Telegraph Company showing the terms and conditions of said sale This claim grew out of shipment of six bags of peas from Augusta consigne to claimant at Cordele Ga claimant contending that since the rate on grain from Augusta to Cordele was only 11 cents and the classification of this Commission placed peas in the same class as grain the rate of 19 cents charged on this shipment was excessive The Commision wote claimants as follows under date of April 27th 1909 Replying to your favor of the 20th and returning freight bill as requested therein I beg to advise that the correct rate on peas shipped in sacks from Augusta Ga to Cordele Ga is 19 cents per hundred pounds This is straight class D or the same rate that applies on grain Your impression that the proper rate is 11 cents per hundred pounds comes about in this way the Railroad Commission classifies field peas class D and the class D rate from Augusta to Cordele is 11 cents per hundred pounds as Published by the railroad companies under their common points tariff basis at rate however as is the case with all special rates between common points n eorSia is subject to Southern Classification Southern Classification gives FILE NO 8775 H D J G Spivey Eatonton Georgia Sale of telephone property to the Southern Bell Tel Tel Company Filed April 21st 1909 FILE NO 8776 W H Williams vs Georgia Southern Florida Rwy 186 field peas 6th class and the 6th class rate from Augusta to Cordele is 27 cents per hundred pounds Under the rules of the Commission allowing shippers the lowest rate whether that he made by the use of the Commissions tariff and classification or the railroads tariff and classification the proper rate as above stated is 19 cents per hundred pounds as under Southern Classification and tariff the rate would be 27 cents I trust that this is sufficiently clear but if not we will be glad to hear from you further Complainant complained that on April 8th the Georgia Fruit Package Company Fort Valley Ga consigned to him at Scottdale Ga a shipment of peaches crated which had not up to the writing of his letter namely April 21st 1909 been delivered Upon investigation the Commission found that this shipment had been erroneously billed to Scottland Ga and that the error was due to shippers they having made out the shipping ticket Complainant was so advised and no further complaint received The petitioning company desired the authority of the Commission to issue qapital stock in the amount of 100000 and 30 year First Mortgage Bonds in the amount of 300000 for the purpose of constructing and equipping a line of railroad from Valdosta to Moultrie Ga a distance of approximately 40 miles After due hearings and such other investigations as the Commission deemed necessary the issues of stock and bonds prayed for were approved on June 23rd 1909 E Phillips Son together with five other firms and individuals engaged in the coal business at Columbus Ga complained to the Commission FILE NO 8777 T B Hollenshead vs Railway companies FILE NO 8778 Valdosta Moultrie Western Railroad Petition for approval of stock and bond issues Filed April 20th 1909 FILE NO 8779 vs W E Wilmont E Phillips Son et al 187 that W E Wilmont a conductor in the employ of the Central of Georgia Railway Company solicited orders for coal at points along the line of his run and that in so doing the said Wilmont was violating the Act of Congress known as the Hepburn Act The Commission took the matter up with the Central of Georgia Railway and said company replied that it had previously received complaint from these same parties upon this score and while Conductor Wilmont had heretofore used an annual pass given him for long and faithful service upon receipt of the complaint referred to said company had lifted the pass and that said Wilmont except when engaged in his duty as conductor paid full fare when traveling on its trains The railroad company contended that efforts of its employees to add to their compensation by engaging in any other lawful pursuit which did not interfere with their duty as employees of the company should not only not be discouraged but should be commended The Commission then referred its entire file to the Interstate Commerce Commission and said Commission replied that it was not a matter that came within its jurisdiction Complainants were furnished with full information as to the Commissions handling of their complaint together with a copy of the letter of the Interstate Commerce Commission and no furcomplaint received The defendant company had collected from claimants client 800 demurrage account delay in receiving shipment Claimants contended that the 800 demurrage was not only unlawfully collected but that the railroad company was due their client 400 penalty demurrage for delay in transportation Claimants based their contention on the date of the expense bill whereas the railroad company contended that the date of the expense bill did not indicate the date upon which consignees relieved the car The Commission advised Claimants that the date of the expense bill could not be taken as conclusive evidence but that the actual facts in the case would have to govern and that since there was an issue of facts between themselves and the railroad company it would be necessary for the Commission to have a formal hearing before it could definitely determine said claim and claimants requested to advise the Commission if a hearing was desired In response thereto claimants requested return of papers covering their claim which were forwarded by the Commission on May 10th 1909 and no further complaint received FILE NO 8780 TriState Claim Agency ve Georgia Florida Alabama R R h 188 FILE NO 8781 Removal of side track at Daffin GeorSylvania Girard Railroad W gia J Filed April 23rd 1909 The petitioning railroad company requested the authority of the Commission to remove side track at Daffin Georgia and discontinue freight agency station at said point The Commission after endeayoring to locate some party interested in this matter and after investigation on August 28th 1909 failing to find any objection to a favorable consideration of said petition authorized the removal of side track and the discontinuing of freight agency FILE NO 8782 1 Classification of hoe handles E N Ennis Oconee Ga j Fned AprU 23rd 1909 Petitioner engaged in the manufacture of hoe handles at Oconee Ga and complained that the Commissions rates on these articles were unreasonable and requested a reduction of said rates After handling the matter with the traffic officials of the most important lines of railway in the State the Commission on July 10th 1909 in circular No 342 reclassified hoe handles by placing same in class K when shipped in carload lots the effect of which materially reduced said rates Subsequent thereto the various railway companies filed with the Commission a petition for a revocation of said order and after due hearing the Commission on August 20th declined said petition FILE NO 8783 inadequate passenger train service Filed April 23rd 1909 Complainant complained that the defendant company failed to furnish adequate service on its AtlantaJonesboro accommodation train Matter handled with defendant company and said company put on an extra coach on this train Complainant so advised and requested to communicate to the Commission any further cause for complaint upon this score but no further complaint received C B Lyle vs Central of Georgia Rwy Co 189 FILE NO 8784 N J Norman et al vs Savannah Electric Company Discrimination in commuters rates Filed April 24th 1909 N J Norman and other citizens of Isle of Hope complained that the defendant company gave to the patrons of its line residing at Thunderboldt privileges and rates which were denied them Matter handled with the defendant company and said company contended that the circumstances in the two cases were altogether different and that no unjust discrimination obtained The Commission fully advised complainants as to its handling of their complaint and informed them that if a hearing was desired in said matter the Board would assign a date for that purpose but no further response received Petitioner requested the Commission to require the Southern Railway Company to install telephone service in its depot at Lumber City Ga Matter taken up with the defendant company and said company advised on June 3rd 1909 that arrangements would be made to provide the desired telephone service Petitioner so informed and no further complaint received Complainants complained of the existing rates in Georgia applying on smoke stacks Matter handled with the traffic officials of the main lines of railway in the State and after due hearing the Commission on September 30th 1909 adopted reduced ratings for these articles as published in circular No 343 FILE NO 8785 D S McArthur vs Southern Railway Company Lumber City FILE NO 8786 Athens ice Coal Co vs Railway companies lH FILE NO 8787 Sloan Bros vs Southern Railway Company Interstate rates on tan bark Filed April 26th 1909 Complainants complained that the rates on tan bark from Franklin N C to points in Georgia were high as compared with rates between points in North Carolina The Commission advised complainants that these rates being interstate were beyond its jurisdiction but informed them that it would take the matter up with defendant company and do what it could in an informal way towards securing satisfactory revision in said rates and forwarded copy of complaint to the General Freight Agent of the defendant railway company with request that he handle same direct with the complainants Petitioners requested the Commission to require defendant company to operate its passenger trains Nos 2 and 3 on Sunday the same as on week days Matter taken up with the defendant company and on May 31st said company asked the authority of the Commission to put on certain Sunday trains on trial for a period of 60 days with the understanding that if at the expiration of that time the said trains failed to pay expenses of operation they would be allowed discontinued This authority was granted and the desired additional service established On October 2nd 1909 the railroad company requested authority in line with the understanding had when trains were put on to discontinue same upon the grounds that they failed to pay operating expenses After due hearing notice of which was given all parties at interest the Commission on November 6th 1909 authorized the discontinuance of said trains A B A R R and G S F Rwy The Dannenburg Company Macon Ga had shipped to them at Macon Ga from Utica N Y three cases of knit goods and from Scranton Pa eight cases of knit goods routed via Brunswick S S Company and Macon Rruns FILE NO 8788 G S Chapman et al vs Augusta Southern Railroad service FILE NO 8789 Dannenburg Company vs 191 wick Navigation Company at Brunswick Georgia While said goods were in transit from point of shipment to Brunswick theMacon Brunswick Navigation Company suffered the loss of one of its boats and the company was unable to transport these goods from Brunswick to Macon as routed Dan nenburg Company thereupon gave instructions to the agent at Brunswick that these goods upon their arrival at that point be routed via the A B A R R and the G S F Rwy to Macon These instructions were complied with and the goods delivered in Macon accordingly The railway companies named assessed and collected freight charges as if the shipments had originated at Brunswick proper while Dannenburg Company contended that they should hare assessed charges based upon their proportion of the through rates from points of origin to Macon The Commission held that as the railroad companies were handling these shipments as Brunswick proper business new billsladings being issued at Brunswick for the railmovement said companies were within their rights in collecting charges accordingly This matter was taken up with the railway company and said company contended that the business at Brooklyn Ga did not warrant the expenditures necessary for maintaining an agency at that point The Commission advised petitioners of result of its investigation and informed them that it could not require the establishment of an agency station unless after a hearing and formal investigation the facts disclosed justified that being done and that if they desired a hearing a date would be assigned for that purpose but no response received The petitioning company desired the approval of the Commission of an issue 15000 in common capital stock for the purpose of acquiring property ma FILE NO 8790 Citizens of Brooklyn Ga vs Seaboard Air Line Railway FILE NO 8791 Washington Telephone Company king repairs and extensions The Commission after due hearing and such other investigations as it deemed necessary on June 30th 1909 authorized the issue of stock prayed for 192 FILE NO 8792 Augusta Brewing Company I Rates from Augusta and Chattanooga vs L to Elberton Georgia Southern Express Company A J Filed April 29th 1909 Complainants advised that they were informed that the defendant companys rate on beer from Chattanooga to Elberton was 70 cents per hundred pounds whereas the rate from Augusta to Elberton was 72 cents per hundred pounds The Commission advised complainants that the published rate from Chattanooga to Elberton was 105 instead of 70 cents and that their information was incorrect Complainants were requested to advise the Commission as to the source of their information in order that further investigation might be made but no response received from them FILE NO 8793 A R Sax Lumber Co vs I Claim for refund of demurrage Seaboard Air Line Railway J Filed April 30th 1909 Claimants claimed that defendant railroad company had unlawfully collected 300 demurrage charges on a oar ordered transferred by them from defendants line to the Central of Georgia Railway Company Claim handled with defendant railroad company and same was paid May 24th 1909 FILE NO 8794 Dickerson Baker Lumber Co vs Gulf Line Railway Claim for overcharge Filed April 30th 1909 This was a claim for overcharge on shipment of lumber from Ashburn to Winder Ga Matter handled with defendant company and claim paid on May 26th 1909 FILE NO 8795 J B Ward Rate on corn in ear from East Prai vs L rie Mo to Flovilla Ga Southern Railway Company J Filed May 1st 1909 Claimant received at Flovilla Ga a car of ear corn shipped from East Frairie Mo and desired information as to the correct freight charges due on said movement Information furnished 193 FILE NO 8796 J A Grant Co vs Southern Express Company 1 Claim for overcharge j Filed May 1st 1909 Claimants complained of excessive charge assessed on shipment of one cotton planter shipped to them at Alto Ga from Gainesville Ga weight of which was 92 pounds and charges in the amount of 80 cents being collected The Commission advised the defendant company that 60 cents only should have been collected on this shipment and said company promptly refunded the amount of the overcharge The petitioner desired the Commission to require the Southern Express Company to maintain door delivery of express packages at that point Matter taken up with the express company and is still being investigated This was a claim for refund of 241 excessive charges on shipment of woven wire fencing from Monesson Pa to T O Stallings Newnan Ga same being shown on expense hill as Advance Charges Matter handled with the Complainants complained that the lumber manufactured and shipped by them averaged in weight 3000 pounds to the 1000 superficial feet maximum weight 3100 pounds which is the official weight of the North Carolina Lumber FILE NO 8797 Milliard George vs Southern Express Company Business house delivery at Madison Georgia Filed May 1st 1909 FILE NO 8798 Johnson Hardware Co vs Central of Georgia Rwy Co railroad company and it developed that the advance charges were collected in error and the railroad company refunded said amount to claimants FILE NO 8799 Hilton Dodge Lumber Co vs Railway companies 104 Association and that on a car of this lumber shipped to Springfield Mass they were required to pay freight on an average weight of 3600 pounds to the 1000 superficial feet The railway companies contended that the Manager of the Southern Weighing and Inspection Bureau had made tests as to the average weight of short leaf pine boards and found that they averaged nearly 4 pounds to the foot After considerable correspondence by the Commission with complainants and the various railway companies at interest complainants advised the Commission on June 1st 1909 that they had had several interviews with representatives of the railway companies which had resulted in a satisfactory understanding but that if further occasion upon this score arose they would ask the Commission for a hearing but no further complaint with reference to said matter was received FILE NO 8800 Atlanta CocaCola Bottling Co vs Nashville Chattanooga St Louis Railway Company Claim for overcharge r Filed May 3rd 1909 Claimants had shipped to the mat Atlanta from Chicago one bottle conveyor and upon arrival of the shipment at Atlanta the inspector of the Southern Weighing and Inspection Bureau raised the rate specified in billlading and applied rating provided for bottle washing machinery Complainant requested the Commission to send its Rate Expert to their plant for the purpose of examining said shipment and considering what rating was properly applicable thereon The request of complainant was granted and the Rate Expert of the Commission made the desired inspection On May 5th complainant wrote the Commission as follows Acknowledging yours of the 4th file 8800 We beg to advise we are today m receipt of notice from the N C St L Rwy announcing their disposition to refund the overcharge resulting from the raising of the class on our conveyor shipped from Chicago My information is they the Southern Weighing and Inspection Bureau and the Southern Classification Committee have relunctantly conceded all of our contentions hence there is nothing for us to pursue further We desire to thank the Georgia Railroad Commission for their influence in the matter and you personally for your efforts and interests without which we feel confident we would not have been able to recover except by process of law We presume we will get our refund on demand therefore ask that you advise the Commission of the settlement obliging 195 PILE NO 8801 R T Collins 1 side track facilities 2 V8 I Filed May 3rd 1909 Wadley Southern Railway J Petitioner desired a side track adjacent to his saw mill near Cobbtown Ga Htfpttftr handled with the defendant company and the side track constructed upon the usual terms of the defendant company governing the construction of such tracks for individuals namely the party desiring track paying all expenses incident to its installation and the railroad company refunding amount thus expended on basis of 200 per car on all cars moving over said track under load FILE NO 8802 W A H Davis vs Douglas Light Water Plant complaint as to rules and rates Filed May 4th 1909 The Douglas Water and Light plant is owned and operated by the city of Douglas Ga and the rules and rates governing the service of said company to its patrons are fixed by ordinances of City Council The Commission after handling the matters complained of with the city of Douglas and said City declining to change its rules and rates insisting that same were in all respects reasonable and applied without discrimination of or against any one advised complainant that inasmuch as public utilities owned and operated by municipalities are not subject to supervision by the Railroad Commission it could not be of further assistance in said matters FILE NO 8803 Atlanta Birmingham Atlantic Rail 1 Discontinuing passenger trains road Company j Filed May 4th 1909 The petitioning company desired to discontinue its passenger trains 13 and 16 between Brunswick and Nichols Ga upon the ground that said trains failed to earn operating expenses The Commission forwarded copies of the complaint to the Mayors of Brunswick and Nicholls Ga and to the citizens of Alma Ga and assigned the petition for hearing After considerable correspondence and after due hearings and investigations the Commission was of the opinion that the trains should not be allowed discontinued and it was so ordered September 3rd 1909 196 FILE NO 8804 T Petition for approval of stock and Abbeville Northwestern Railroad y bond issue Company J Filed May 4th 1909 The petitioning company prayed for the approval of the Commission of an Issue of common stock in the amount of 400000 and 30year 5 per cent Mortgage Bonds in the amount of 800000 for the purpose of constructing equip ping and operating a line of railroad from Abbeville in a northwesterly direction through Pineview to Fort Valley a distance of about 58 miles with a branch line from Henderson in Houston county to Montezuma in Macon county a distance of about 17 miles making a total mileage of about 75 miles After due hearings and investigation the Commission on May 20th authorized the desired issues This was a request for information as to proper rates to apply on shipment of wagons KD from Hast Point Ga to Greenville Ga Information desired furnished by the Commission with the offer of the Commission to assist in collecting any overcharge if with the information given one was found to exist but no further response received This was a request for information as to proper rate applying on shipment of cotton seed from Smithsonia Ga to Maysville Ga The Commission furnished the desired information with advice that if any overcharge had been collected and complainant would send papers to this office the Commission would endeavor to have such excess charges refunded but no further response received Honorable T G Hudson called in person in the office and advised the Commission of trouble experienced by Mr B C Hodges at Americas Ga in se FILE NO 8805 d A Thrash Co Greenville Georgia FILE NO 8806 J W Griffith Penderprass Ga FILE NO 8807 B C Hodges Americus Ga Weights of carload shipments of lum ber Filed May 4th 1909 197 curing correct weight of carload shipments of lumber owing to the fact that the railroad scales upon which said lumber was weighed would not accommodate cars of length greater than 32 ft The Commission requested Mr Hodges to furnish it more specifically with the facts in the case advising him that the Commission would be glad to extend its services in whatever way it could in seeing that proper facilities were provided but no response to said letter was reived This claim was filed account shipment of marble broken in transit The railroad company declined to pay upon the grounds that the amount claimed was in excess of the valuation of the shipment stipulated in billladingsaid stipulated value being the basis upon which a lower freight rate was secured than what freight charges would have been had no valuation been specified The Commission advised claimants that since the railroad company had declined claim and it being in the nature of damages and therefore beyond the jurisdiction of the Commission their only recourse was a suit in the courts This was a claim for overcharge on a shipment of tomato plants from Palatka Fla to Scotland Ga Matter handled with defendant company and on May 27th said company instructed its agent at Scotland Ga to pay said claim Claimant so notified and no further complaint received This was a claim for overcharge on carload of acid phosphate shipped from Dunnellon Fla to claimant at LaFayette Ga Claim handled with defendant company and same was paid on July 9th 1909 FILE NO 8808 HarderCutts Marble Co vs Seaboard Air Line Railway Co FILE NO 8809 T P Rhodes vs Southern Express Company FILE NO 8810 J B Johnson vs Central of Georgia Railway Co 198 PILE NO 8811 Claim for shortage in shipment of Killian Lumber Co vs A B A R R Company lumber Filed May 10th 1909 This claim was filed account Shortage of one piece of lumber lost in transit and claimants requested information as to liability of railroad company where goods shipped on open cars checked short at destination Upon investigation of the claim papers it appeared that the shipment was loaded on a fiat car and was accepted and moved under the terms of defendant companys billlading providing that said company would not be liable for loss of goods shipped on open cars The Commission called the attention of claimants to this provision of the billlading and advised that since the railroad company had declined their claim and same being in the nature of damages and therefore beyond the supervision of this Commission their only recourse would he a suit in the courts This claim was filed account delay in transportation to one car of lumber from Poulan to Brunswick Ga Matter handled with defendant railroad company but said company denied liability for more than 200 penalty under the rules of the Commission and stated that if claimants would amend claim to that amount same would be paid The Commission so advised claimants who amended their claim and same was paid June 2nd 1909 The Mayor of the city of Augusta Ga complained to the Commission that the defendant railway company failed to provide suitable freight and passenger depot facilities at Augusta The matter was handled with the defendant company and the Commission appointed a Committee to visit Augusta and make a personal inspection of the situation On December 22nd petitioners forwarded to the Commission formal withdrawal of their complaint advising that same had been satisfactorily adjusted to all parties concerned FILE NO 8812 Killian Saw Mill Co vs Atlantic Coast Line R R FILE NO 8813 Citizens of Augusta Ga vs AugustaAiken Rwy Elec Co 199 FILE NO 8814 Southern Railway Company Closing agency at Raleigh Ga Filed May 11th 1909 The Southern Railway Company petitioned the Commission for authority to close its agency maintained at Raleigh Ga upon the grounds that the revenue derived at said station did not warrant its maintenance and for the further reason that it was unable to secure an agent for said point on a commission basis Matter handled with the people of Raleigh and they promptly filed a vigorous protest against a favorable consideration of the railway company s petition The petitioning company was furnished with a copy of said protest and no further response received from said company Complainant through his counsel requested information as to the amount of demurrage lawfully due on a car of brick moving from Macon to Vineville Station stating that the railroad company had charged him 1100 The Commission advised complainant that under the statement of facts presented by him only 200 demurrage was due and forwarded to him a copy of the storage rules of the Commission and no further complaint received Complainant complained that the defendant company had removed a spur track known as Dongs Siding near Dudowici and that by reason of said action complainant was without facilities for loading ties which he had placed alongside said siding prior to its removal The matter was taken up with the railroad company and said company replied that this track was constructed two years previously to serve a saw mill located at that point which had some several months before then ceased operations and moved its mill that since that time no business whatever had passed over said track and as this rail was badly needed in repairing the main line and providing side track facilities at points where business demanded such facilities said track was removed that prior to removing same however the defendant company notified Mr Chapman of its purpose so to do and furnished a car for loading his ties and requested FILE NO 8815 H A Bankston vs Central of Georgia Railway Co FILE NO 8816 D L Chapman vs Georgia Coast Piedmont R R him to load same in order that the track could be removed After the removal of the track the defendant company furnished a car for loading said ties from the main line and same was loaded and moved in that way Complainant furnished with full information as to the result of the Commissions handling and requested to advise the Commission of whatever further direction he desired the Board to give the matter but no further response was received These claims were handled with the defendant railway company and on August 24th the Commission was advised that one of said claims had been paid and that the other one would be adjusted upon the receipt of necessary papers Claimants requested by the Commission to furnish the said papers and no further complaint received The record in this case was consolidated with file No 8791 the subject matter of each of said records being the same The papers in this case were transferred to the record covered by file No 8735 brief of which will be found under said number This claim was based upon improper classification applied to shipment of four pieces of iron from Brunswick to Albany Ga claimants contending that all four pieces Were scrap iron whereas the inspector of the Southern Weighing and Inspection Bureau at destination set up the classification to machinery FILE NO 8817 TriState Claim Agency vs Georgia Florida Railway FILE NO 8818 Washington Telephone Co Washington Georgia FILE NO 8819 Citizens of Lumber City Ga vs Southern Railway Company FILE NO 8820 Standard Oil Company vs Atlantic Coast Line Railroad 201 rating on two pieces of the shipment The Commission advised both the claimants and the railroad company that if the iron was in fact scrap iron the shipment should be rated accordingly and to ascertain this fact the Commission took the matter up with shipper and the consignee Pending the investigation of the Commission claimants on August 13th requested the Commission to return to them all papers covering their claim in order that same could be sent to their customer for disposition The Commission accordingly returned the papers and closed its file on said subject Petitioners desired the defendant company to stop its passenger trains Nos 9 and 10 operating between Albany and Columbus Ga at Putnam Ga when flagged The matter was handled with the defendant company and on June 1st 1909 said company advised the Commission that orders had been given to comply with petitioners request Petitioners so advised and no further complaint received This claim grew out of two shipments of cabbage made by claimants from Wainwright Ga to Atlanta Georgia damage due to delay in transit The Commission advised claimant that while it had no jurisdiction over claims for damage it would handle these claims with the railroad company in an informal way and do what it could to bring about satisfactory disposition thereof After considerable correspondence the Commission on November 10th advised claimant that the railroad company had declined to admit of liability on said claims and since the Commission was without authority in the premises and had exhausted its efforts in an informal way to bring about a settlement his only recourse now was a suit in the courts This claim grew out of a shipment of one headlight broken in transit from Atlanta to Brinson Ga The matter was handled in the same manner and with the same result as claim covered by File No 8822 FILE NO 8821 Citizens of Putnam Ga vs Central of Georgia Railway Company Passenger train facilities Filed May 17th 1909 FILE NO 8822 C C Powell vs Central of Georgia Railway Company Claim for damage Filed May 19th 1909 FILE NO 8823 Stuart Lumber Company vs Atlantic Coast Line Railroad 202 FILE NO 8824 Citizens of Peeks Crossing Gaf vs Additional passenger train facilities Central of Georgia Railway Company Filed May 24th 1909 Petitioners desired the defendant company to establish Peeks Crossing Ga as a flag stop for its passenger trains Nos 1 2 5 and 6 Copy of petition furnished the railroad company by the Commission with direction that full response be made Said company replied that it had had an investigation made of the demands and necessities for said flag stop and found that same were not sufficient to require the desired service and said company therefore declined to establish said point as a flag station The Commission thereupon assigned the petition for hearing and notified all parties at interest Said matter came on to be heard in due order and representatives of the petitioners and the railway company appeared and presented their respective contentions Upon consideration of the evidence submitted at said hearing the Commission oh August 28th 1909 ordered that the defendant company beginning with Monday September 6th 1909 stop its trains passenger Nos 1 2 5 and 6 at Peeks Crossing Ga when flagged for the purposq of taking on or putting off passengers at said point The railroad company issued local passenger tariffs and other necessary orders carrying out the requirements of the Commission and no further complaint has been received upon this score Georgia Southern Florida Railway gency at Ewing The petitioning company advised the Commission that it was erecting a depot building and establishing an agency station at Council Ga at which place was located 3 saw mills and 2 naval stores plants and that at Ewing a station 168 miles distant from Council said company maintained an agency station but practically no business was done at said station and said company therefore desired to close the agency maintained at Ewing The Commission forwarded copy of the petition to the Postmaster at Ewing and requested him to refer same to interested parties and advise the Commission whether or not there were any objections to a favorable consideration of same Mr S S Register Postmaster replied and advised the Commission that there were no objections to the discontinuing of the agency station provided Ewing was continued as a flag stop for the trains of the defendant company and the Commission on June 3rd authorized the discontinuance of said agency station upon that condition FILE NO 8825 Company 203 FILE NO 8826 J B Simmons vs Seaboard Air Line Railway Company Insufficient passenger train service Filed May 24th 1909 Complainant complained that the defendant company failed to maintain sufficient passenger train service between Columbia S C and Savannah Ga The Commission advised the complainant that it had no authority under the law to regulate the schedules of passenger trains engaged in interstate traffic but that it would take the matter up informally with the railroad company and do what it could to correct any cause of complaint that might be found existing The railroad company replied to the Commission stating that the schedules as then operated were the result of changes made therein for the purpose of serving the greatest number and said company contended that a larger number of its patrons were better served under said schedules than otherwise The Commission advised complainant of the response of the railway company and informed him that if he desired it to investigate the matter as to whether or not the railway company was furnishing adequate service over that portion of its line within the State of Georgia it would assign the matter for a hearing and all parties at interest would be notified but no further response receivd The complainants complained mat the railroad companies at interest published a rate of 1440 per car on brick from Macon to Fitzgerald Ga a distance of 102 miles when the standard rate of the Commission was 1800 per car that from Hawkinsville to Fitzgerald a distance of 53 miles no reduction had been made from the standard tariff rate of 1350 per car and that notwithstanding the fact that the distance from Macon to Fitzgerald was almost double the distance from Hawkinsville to Fitzgerald the rate was practically the same The Commission handled the matter with the Gulf Line Railway Company and said company on June 7th advised the Commission that it would be willing to publish rate on brick from Hawkinsville to Fitzgerald on same basis as the reduced rate from Macon to that point provided the last named rate could not be increased to the standard tariff basis The Commission advised said Gulf Line Railway Company that the MaconFitzgerald rate could not be increased without the authority of the Commission first being secured No further complaint received upon this subject FILE NO 8827 Hawkinsville Brick Co vs Gulf Line Railway 204 FILE NO 8828 Tifton Telephone Exchange Sale of property to the Southern Bell Telephone Telegraph Co Filed May 25th 1909 The record in this case covers the sale of the property of the Tifton Telephone Exchange to the Southern Bell Telephone Telegraph Company showing the terms and conditions of said ale Various merchants and other citizens of Adel Ga petitioned the Commission to require the railway companies participating in the transportation of freights to and from Adel Ga to readjust the freight rates to and from said points so that said rates will he in line with the rates to and from Tifton Valdosta Quitman and Moultrie Ga Copy of the petition was served by the Commission on each of the railway lines at interest with notice to show cause why the petition should not be granted Pending the investigation of the Commission petitioners on June 9th requested a withdrawal of their petition for the reason that negotiations were then in progress between them and the railroad companies looking to a satisfactory adjustment of same The Commission accordingly closed its file in said matter advising petitioners of their privilege to reopen the case if the negotiations referred to should fail to result in a satisfactory adjustment Claim handled with the defendant company and same was paid August 14th 1909 Complainants complained of alleged discrimination in favor of towns on the A W P Rwy In rates on coal and cotton oil mill products The Com mission handled the matters complained of with the defendant railway company but was unable to bring about the change in rates desired FILE NO 8829 Citizens of Adel Ga vs Railway Companies Seaboard Air Line Railway Company FILE NO 8831 Greenville Cotton Oil Co vs Central of Georgia Railway cotton oil i 205 FILE NO 8832 Citizens of Alvaton Ga vs A B A R R Company Petition for depot facilities Filed May 27th 1909 Petitioners desired the erection of a depot building and the maintenance of an agency station at Alvaton Georgia In answer to notice of said petition served by the Commission on the defendant company said company replied that it would be unreasonable to require the construction of the facilities desired at Alvaton Copy of the railroad companys answer furnished petitioners with advice that no order could be issued granting their petition unless after a hearing and other investigations the facts disclosed seemed to justify that being done and advised petitioners that if a hearing was desired a date would be assigned for that purpose but no further response received These people petitioned the Commission to so amend its classification as to allow class D rating on animal and poultry food N O S in bulk in sacks Matter handled with the traffic officials of the various railway companies and after considerable correspondence and investigation the Commission on July 25th adopted the ratings desired by petitioners Complainant complained that the defendant company gave its Millhaven line patrons a rate of 12 tickets for 50 cents whereas the best rate to patrons of other lines of said company was 21 tickets for 100 Matter taken up by the Commission with defendant company and said company contended that there was no unjust discrimination being practiced for the reasons that the circumstances surrounding the tickets sold its Millhaven line patrons were altogether dissimilar to those obtaining with reference to patrons of its other lines Copy of the railway companys answer furnished complainant with request that he advise the Commission if he desired a hearing in the matter and if so a date would be assigned for that purpose but no response received FILE NO 8833 Classification of animal and poultry J 0 Frazier Co Atlanta Georgia food Filed May 28th 1909 FILE NO 8834 W M Coolidge vs Savannah Electric Company 206 PILE NO 8835 W H Chapman vs Louisville Nashville R R 1 Stopping through passenger trains Petitioner desired the defendant company to stop its passenger train No 34 at Oakman Ga on June 2nd 1909 in order to put off his sick wife Train No 34 of the defendant company is a through train operating between Atlanta Ga and Cincinnati Ohio and makes no stops between Cartersville Ga and Etowah Tenn between which stations Oakman is situated The Commission advised petitioner that this being an interstate train it could not require same stopped at local stations in Georgia but took the matter up with the defendant company said company declined to make the said stop upon the ground that this train was hardly able to maintain its schedule without stopping and for the further reason to stop for petitioner in this case would cause similar requests in the future The Commission advised the petitioner of the response of the railway company and again of its inability to secure the service desired Atlanta Birmingham Atlantic Rail ton seed The above named company requested permission to publish special rate of 40 cents per ton on crushed stone from MP326 to Manchester Ga the stone being desired for use in constructing a cotton mill at said last named point with the privilege of cancelling said rate September 30th 1909 Desired authority granted June 3rd and on October 6th the authority extended for the operation of said special rate until December 31st 1909 Atlanta Birmingham Atlantic Rail ien fruit The above named railroad company petitioned the Commission for authority to establish temporarily a scale of special rates on peaches and watermelons from shipping points in the vicinity of Montezuma Ga to that point for the purpose of concentration there Said special scale to be discontinued September 30th 1909 Desired authority granted June 3rd 1909 FILE NO 8836 road Company FILE NO 8837 road Company 207 FILE NO 8838 Mayor of Meigs Ga vs Atlantic Coast Line Railroad Telephone service in depot Filed June 1st 1909 Petitioner complained to the Commission that the people of Meigs Ga had requested defendant company several times to install a telephone in its depot at that point but that said company had refused to do so Petitioner stated that the service was particularly desired during the fruit season which was then approaching Matter handled with defendant company and said company on June 19th advised that the desired telephone would he installed as soon as possible Petitioner was so advised and no further complaint received FILE NO 8839 Atlanta Birmingham Atlantic Rail ial rates on wood The petitioning railway company requested authority of the Railroad Commission to publish a temporary special carload rate on cord wood of 125 per cord minimum carload 10 cords from Watson Ga to Atlanta Ga to take care of a special movement offering at thatpoint resulting from the clearing of land for farm purposes in that vicinity said rate to be discontinued September 30th 1909 Desired authority granted June 3rd 1909 The record in this case covers numerous claims for overcharge on shipments of cross ties moving from various points in Georgia to LaGrange Georgia claimants contending that a special rate of 750 per car published by defendant company from its several stations to LaGrange Ga should be applied on each shipment covered by claim papers instead of assessing charges as same were collected on basis of the defendant companys locals less 10 per cent After considerable correspondence between the Commission and all Parties concerned claimants on November 5th furnished the Commission with a copy of their letter to the general freight agent of the defendant company wherein claimants advised that they would take the matter up with said company in person owing to a statement made by said general freight agent as to its willingness to dispose of claims on their merits as rapidly as possible road Company June 3rd 1909 FILE NO 8840 Claim Adjustment Company vs A B A R R Company 208 FILE NO 8841 Nixon Grocery Co vs Georgia Railroad Claim for penalty demurrage Filed June 3rd 1909 This claim grew out of delay of defendant company in delivering to the Central of Georgia Railway car which claimants ordered to their warehouse for unloading The defendant company declined to pay said claim upon the grounds that it would not admit of liability for penalty for delays occurring in connection with switching movements Commission advised claimants that inasmuch as it had no authority to require the payment of claims and since the railroad company had declined to pay same their only recourse was a suit in the courts Complainant complained that the defendant company had quoted him a monthly rate for telephone service of 400 and later raised said rate to 500 Matter taken up with the defendant company and said company advised that its representative with whom complainant dealt in renting telephone quoted the rate incorrectly due to misinformation as to the location of complainants residence but said company further advised that complaint had been satisfactorily adjusted with complainant Complainant complained that the defendant company had since the Firemens strike on said railroad failed to transport mail on its morning train from Macon to Sparta and on its afternoon train from Camak to Sparta Complainant was advised by the Commission that the United States Postal Authorities designated the trains upon which mail shall be transported and regulated that matter in all other respects this Commission nor the railroad company having any authority whatever in such matters Complaint taken up with the Superintendent of Railway Mail Service in Atlanta and said Superintendant advised the Commission that the service supplied Sparta was arranged in what he FILE NO 8842 E W Born vs I Rent for telephone Southern Bell Telephone Telegraph Filed June 3rd 1909 Company FILE NO 8843 J D Walker vs Georgia Railroad 209 believed to be the best manner to serve the interests of the people thereat but that any complaint made direct to his office or through the Postmaster at Sparta by the people of that place would be given necessary attention Full information as to the Commissions handling of the complaint furnished complainant and no further response received from him FILE NO 8844 I C Clark j Refusal to place cars on private sid vs V ing N C St L Rwy Company J Filed June 4th 1900 Complainant complained that the defendant company refused to place for loading a carload shipment consigned to him at Atlanta from Cincinnati Ohio The following letter of the Commission addressed to complainant June 18th will explain the nature and handling of this complaint Many things have conspired to prevent an earlier and definite response to yours of June 4th relative to the right of the N C St L Rwy to refuse to place cars for unloading by you on private sidings Upon investigation of this matter we find that the railway company claims certain demurrage charges due by you and that until same are paid they are relieved of the duty of placing cars as demanded Under our rules where a shipper refuses to pay a demurrage charge lawfully due by him the railway companies are relieved from the duty as outlined above Of course the claims must be lawful and if there is any dispute as to the legality of same the Commission always reserves the right to pass upon the question If in fact you are due the railway company any demurrage charges they are within their rights in declining to place carp on private sidings If you desire to bring any other facts to the attention of the Commission we will be pleased to hear from you FILE NO 8845 J C McAllister vg I Claim for overcharge Seaboard Air Line Railway J Filed June 4th 1909 This claim grew out of a shipment of peas from Wrens to McGregor Ga The Commission forwarded claim papers to defendant company advising it of the amount of the overcharge collected and requested said company to forward refund voucher direct to claimant at Mt Vernon Ga Said company replied that said claim would be rushed to as speedy conclusion as possible and no further complaint received 210 FILE NO 8846 R C Balfour Thomasville Georgia Request for information rates Filed June 4th 1909 The above named party requested information as to the proper rates applying on crate material moving from Thomasville to private sidings on the Cea tral of Georgia Railway near Fort Valley Georgia Such information as could be furnished from the statement as to the points of destination named in Mr Balfours letter was promptly given him by the Commission with the further advice that if he would furnish expense bills covering any shipments that he had made the Commission would advise him whether or not charges were properly assessed thereon but no further response received Copy of petition served by the Commission on defendant railway company and said company contended that while it recognized the reasonableness of petitioners request for depot and side track facilities inasmuch as said company at present maintained a side track at McFalls only 38 of a mile from Luxomni it would be unreasonable to require said company to maintain another side track at Luxomni The defendant company advised the Commission that it would be willing to provide the facilities desired by the petitioners provided it was allowed to remove the siding located at McFalls The Commission took up the matter with parties interested in the McFalls spur and strong opposition developed to the removal of said siding The Commission thereupon so advised all parties at interest stating that said track could not be removed nor could an order be passed requiring the desired facilities at Iuxomni unless after a hearing at which all parties at interest could have opportunity to be heard the facts disclosed seemed to justify same being done Petitioners asked for a hearing and the Commission assigned a day for that purpose and all parties so notified At said hearing all parties at interest appeared and upon consideration of the evidence submitted the Commission was of the opinion that more people would be served from Luxomni than at McFalls spur and that the depot and side track facilities at that point should be provided and that it would be unreasonable to require the defendant company to maintain two stations so close together but that the side track at McFalls should not be removed until one year from that date in order that parties interested in said spur might have time to remove lumber which had been cut to be shipped from said spur and time within which to complete arrangements which had been started upon the idea that the facilities obtaining at McFalls would be continued and it was so ordered and no further complaint was received from any one of the parties at interest FILE NO 8847 Citizens of Luxomni Ga vs Seaboard Air Line Railway I 211 FILE NO 8848 Cartersville Supply Co vs Seaboard Air Line Railway Suitable equipment for shipping ice Filed June 5th 1909 Complainants complained of inability to secure suitable cars for shipping ice from Cartersville Ga to Rockmart Ga stating that the railroad company furnished ordinary box cars when refrigerator cars were required The matter was taken up with defendant company and the Assistant General Freight Agent of said company advised the Commission that he wold go to Cartersville and confer with complainants and make arrangements to properly take care of their shipments Complainants so advised and no further complaint received The Traffic Officials of the several lines of railway operating from Cordele Ga requested the Commission to adopt the same rating on cotton stalks pressed in bales as applied on hay fodder and straw when so shipped in order to enable manufacturers of paper at Cordele who wished to use cotton stalks in said manufacture to move that commodity on a satisfactory basis The desired ratings were published by the Commission in its circular No 342 issued July 10th 1909 The record in this case covers the sale of the Columbus Automatic Telephone Company to the Southern Bell Telephone and Telegraph Company showing the terms and conditions of said sale said overcharge was not chargeable to it but to the G F A Railway Com FILE NO 8849 Various Railway Companies Classification of cotton stalks Filed June 7th 1909 FILE NO 8850 Columbus Automatic Tel Co Columbus Georgia This claim grew out of a shipment of household goods from Conyers Ga to Havana Fla Matter handled with the defendant company and said company a mHted the collection of an overcharge on said shipment but contended that 1 SIS pany The general freight agent of the defendant company on August loth advised the Commission that he had written the delivering line requesting that refund in the amount of the overcharge be made to consignee This information communicated by the Commission to claimant with request that he advise the Commission if he experienced any difficulty in collecting the overcharge but no further response received from him Complainant complained that the agent of the defendant company at Lyerly Ga placed his trunk alongside of the railroad tracks where the ground was quite wet and during a downpour of rain notwithstanding the protests of complainant against same being done Matter handled with defendant company and the General Manager of said company on June 25th advised the Commission that investigation of the complaint sustained the charges of complainant and that the agent at Lyerly Ga who had been in the service for eight years with a good record had been severely reprimanded and such instructions given him as would prevent a recurrence of such complaint Complainant furnished with full information as to the Commissions handling and no further complaint received The above named railway company petitioned the Commission for authority to discontinue stopping its trains at Gentain Flat Rock and Ossahatchie Ga for its passenger trains Nos 21 and 22 and at Greenwood Experiment Rover and Reidsboro Ga for its passenger trains Nos 29 and 30 Copy of the railway companys petition was served by the Commission on the Postmasters of the several towns named with request that same be submitted to interested parties for the purpose of haying them advised of the receipt of said petitions and giving them an opportunity to present to the Commission whatever objections if any they entertained to a favorable consideration thereof Strong protests being received from each of the stations named the Commission advised the railroad company that it could not authorize the abandoning of said flag star tions unless after a hearing the facts disclosed justified that being done and asked the petitioning company whether or not a hearing was desired but n further response received FILE NO 8852 W M Johnson vs Central of Georgia Railway Company Filed June 8th 1909 handling of baggage FILE NO 8853 Southern Railway Company 213 FILE NO 8854 Thomasville Marble Co vs Railway Companies Packing interstate shipments of mar ble Filed June 8th 1909 Complainants complained of the rule of the railway companies requiring LCL shipments of marble moving interstate to be packed Matter handled with the railway companies in the state and the Commission was advised that the Southern Classification Committee had relisted this subject for consideration at its July meeting At said meeting the Committee revised its ratings and rules governing such shipments the effect of which was not to require sawed marble or granite to be packed Complainants so advised and no further complaint received This was a claim for overcharge growing out of a shipment of cross ties moving from Brooker Ga to Macon The Commission advised the defendant company of amount of overcharge collected and requested that same be promptly refunded On July 14th the defendant company forwarded to the Commission copy of instructions served on its agent to refund said overcharge Claimants filed claim for 800 penalty demurrage account delay of defendant company in transporting car of lumber from Lumber City Ga to Atlanta Claim was taken up by the Commission with defendant company and said company contended that the car reached Macon in bad order and the contents thereof had to be transferred to another car said company claiming that was overloaded On July 7th claimants requested a withdrawal of their claim for the reason that shippers had overloaded the car at shipping point FILE NO 8855 H Cook Son vs Georgia Florida Rwy FILE NO 8856 Sterling Lumber Company vs Southern Railway Company 214 FILE NO 8857 Hooper Alexander et al vs Southern Railway Company dations Filed June 9th 1909 Insufficient passenger train accommo Complainants complained that the defendant company failed to provide sufficient number of cars on its passenger trains Nos 11 and 12 to accommodate the travel on said train Matter handled with defendant company and the Assistant to President of said company on July 14th advised the Commission that an extra coach had been ordered put on its trains Nos 11 and 12 which would take care of the travel Complainants so advised and no further complaint Petitioner advised the Commission that he was engaged in the manufacture of canvas gloves at Logansville Ga and that the express rates on said articles prescribed by the Commission were too high and requested the Commission to require the Southern Express Company to provide special rates on same The matter was taken up with defendant company and said company contended that the existing rates of the Commission were reasonable and declined to grant the special rates desired by petitioner The Commission advised petitioner that this matter would be assigned for a hearing if he so desired but no further response received from him The town of Pooler through its Mayor and Town Council petitioned the Commission to require the Southern Express Company to establish an express office and agency at that point Matter taken up with the defendant company by the Commission and the desired agency established July 20th 1909 received FILE NO 8858 W F Robertson vs Southern Express Company FILE NO 8859 Pooler Georgia vs Southern Express Company 215 FILE NO 8860 Citizens 6f Cox Ga vs Seaboard Air Line Railway Depot facilities Filed June 11th 1909 The citizens of Cox Ga filed petition with the Commission for depot facilities at that point and said matter promptly taken up by the Commission with the defendant railway company but no disposition has as yet been made of the same Seaboard Air Line Railway Various citizens of Helena Ga petitioned the Commission to require the defendant railway companies to install telephone service in their depot at that point Copies of the petition forwarded by the Commission to each of the defendant companies and the S A L Rwy advised the Commission that arrangements had been made for the installation of the desired service effective June 29th 1909 and the Southern Railway Company installed said service November 22nd 1909 This claim grew out of a shipment of lumber by claimant from Athens to Bishop Ga Part of shipment was lost in transit and shippers filed claim for entire amouht of invoice Claim handled by the Commission with the defendant company and said company advised that it was willing to pay claim on the value of that portion of the shipment which had been lost but insisted that the shippers should accept that portion of the shipment which was then on hand and give credit for the value thereof on their claim Claimants advised that they were willing to do this provided the railway company would return the portion of the shipment referred to free of charge to them at Athens Georgia This was agreed to and claim was adjusted on that basis which was satisfactory to both claimant and the railway company FILE NO 8861 Citizens of Helena Ga vs Southern Railway Company Telephone service in depot Filed June 12th 1909 FILE NO 8862 216 FILE NO 8863 J A Thrash Co vs Central of Georgia Railway Company Rates on cotton to interstate points Filed June 14th 1909 Petitioners complained of inability to secure equitable freight rates on cotton from Greenville Ga to Carolina Mill points as compared with rates from other points in that territory Matter handled with defendant company and on September 6th petitioners advised the Commission that satisfactory rates had been granted them by the railway company Complainants complained of the requirements of the railway companies that interstate shipments of furniture be packed The Commission advised the complainants that while it had no control over the matters complained of it would take same up with the railway companies and do what it could to remove any just cause of complaint Said companies replied that the existing rules governing the shipment of furniture interstate were the result of thorough investigation add conferences with the larger furniture manufacturing plants throughout the Southern Classification Committee territory and that said requirements were adopted in accordance with the recommendations of said manufacturers and said companies therefore declined to make any change in said requirements Complainant advised the Commission that he used a seed house on the defendant oompajnys right of way at Clem Ga and that under the terms of his rent agreement with the defendant company he was to be provided with side track facilities for loading and unloading seed at said seed house The Commission took the matter up with the railway company and said company advised that it would be unreasonable to require the extension of its side track at Clem to complainants seed house for the reason that the railway company could give complainants a location along side the present track thus saving the expense necessary to extend said track The Railway Company advised that its Superintendent would confer with parties at interest and endeavor to make satisfactory FILE NO 8864 Toccoa Furniture Co vs Railway Companies FILE NO 8865 J J Holloway vs Central of Georgia Railway Company V 217 arrangements The Commission advised complainantyof the result of its investigation and requested that he communicate with fit further if satisfactoryarrangements were not made but no further communication received Claimant filed claim for overcharge account misrouting four cars of lumber shipped from Donald Ga to Palatka Fla The Commission advised claimant that inasmuch as the shipments were interstate this Commission was without jurisdiction in the premises but took the matter up with defendant company in an informal way and being unable to secure satisfactory adjustment of the claim the Commission on July 8th 1909 forwarded all papers covering said claim to the Interstate Commerce Commission with request that said matter be handled with the railway company and claimant direct The Interstate Commerce Commission acknowledged receipt of the papers and advised that the claim would receive its attention and would be handled direct with claimant This information communicated to claimant by this Commission and no further complaint received This claim was filed account alleged excessive charge collected on shipment of machinery from Atlanta to Stilson Ga Upon examination of the claim papers the Commission found no overcharge was collected and claimant was so advised Complainants complained of excessive rates on blow pipe material and requested such a revision of the classification ratings on such material as would FILE NO 8866 J N Sullivan vs Georgia Coast Piedmont Railway FILE NO 8867 J D Strickland vs Savannah Statesboro R R FILE NO 8868 Savannah Blow Pipe Co vs Railway Companies material 218 effectually reduce said ratings Copies of the complaint and petition forwarded by the Commission to the traffic officials of the railway lines in this state and matter set down for hearing all parties at interest being duly advised Upon consideration of the evidence submitted at said hearing the Commission on October 29th 1909 in circular No 344 published reduced rates on dust collectors and blow pipe material in line with the petition in said case Complainants complained that the defendant company charged 15 cents on every shipment as a minimum charge for return of empty bottles and that when only one case of bottles was returned the same minimum was applied as if several cases had been shipped at the same time The Commission advised the complainants as follows on June 21st 1909 Replying to yours of the 16th and returning all papers therewith enclosed I beg to advise that under the rules of this Commission railroad companies are authorized to collect 25 cents as a minimum charge on any shipment however small It appears from the correspondence that the Atlantic Coast Line under its Freight Tariff No 1186 is applying 15 cents as a minimum charge on return of empty bottles This as you will observe is less than the maximum prescribed by the Commission Of course if the Commission changed its rule fixing a minimum charge on single shipments it would be necessary to make same apply to all articles and this could not be done without giving all parties at interest an opportunity to be heard If you desire the Commission to take up the question of revising its rule upon this subject we will be pleased to set the same down for a formal hearing and give you and any others interested an opportunity to present whatever contentions you may desire the Board to consider Petitioners desired the Commission to require the defendant company to stop its passenger train No 32 at Middleton Ga for the purpose of taking on express shipments of peaches The railway company declined to comply with petitioners request upon the ground that its local train provided express service at Middleton and that train No 32 being a through train with important connections at Atlanta and other points said company could not afford to stop said FILE NO 8869 PepsiCola Bottling Co vs Atlantic Coast Line Railroad I Minimum charge on empty bottles rev turned I Filed June 17th 1909 FILE NO 8870 S H Swift et al vs Seaboard Air Line Railway 219 train at local stations The Commission advised petitioners that inasmuch as the train in question was engaged in interstate travel and since it appeared that reasonable express service was already being furnished at Middleton it was without authority to require the additional service desired Masses Felton Lumber Company inquired of the Commission as to their liability on claim of the G S F Rwy Co for undercharge on a shipment of lumber from Nashville Ga to Macon The railway company presented shippers with claim for 805 upon the ground that agent at destination had made an error in expensing said shipment confusing the weight of the car in question with that of another car The Commission called upon the railway company to furnish sworn certificate of weight of shipment as required by Freight Rule No 6 but said company was unable to furnish said certificate Inasmuch as it was then impossible to ascertain the correct weight by weighing the shipmentthe lumber having been removed from the car and manufactured the Commission advised the railroad company that it could not approve the correctness of its claim Said company thereupon complained1 of its being denied the privilege of collecting charges on the correct basis and in response to this complaint the Commission wrote the railroad company as follows Replying to yours of the 22nd file S22270 and referring especially to the closing paragraph of your letter in which you state that you do not see why you should be refused the privilege of collecting on the correct basis I beg to say that this Commission can see no reason why you should not collect on correct basis and in fact that is a right that you have by law There is no difference between us as to this point but the trouble lies in the method of ascertaining the correct weight As you no doubt know this Commission is not a court but is a part of the administrative branch of the Government and as such fixes rules which shall govern the relations between common carriers and their patrons The rule fixed which covers the case in question is that the railway company shall in cases of dispute as to correct weight furnish a cerificate of the sworn weigher It appears from statements made by you that is impossible to do this The lumber is no longer in the shape shipped and it is a physical imposs Hty to ascertain actual weight by reweighing same For these reasons I o not see how the Commission could take any action that would have the 6 ect of concluding the controversy unless it be to say that the weight upon w ich charges were collected must stand AJl papers are herewith returned FILE NO 8871 Massee Felton Lbr Co vs G S F Railway Company 220 FILE NO 8872 Empire State Chemical Co I Rates on phosphate rock 1 VS Filed June 18th 1909 Railway Companies J Complainants complained that the rates on phosphate rock from Tennessee points to Athens Ga were higher than the rates from Florida points to Athens Upon investigation the Commission found that the difference in said rates was so light that it could hardly be said that either one or the other was unreasonable by comparison that since there was no feature of discrimination obtaining in the application of said rates and since they were all interstate this Commission was without authority in the premises Full information as to the rates and as to the manner in which same were made together with the conclusion reached by the Commission in said case furnished complainants and no further complaint received from them FILE NO 8873 Hammond Peacock I Inability to secure empty cars V8 f Filed June 19th 1909 Gulf Line Railway Company J Complainants complained of their inability to secure empty cars for ship ments of naval stores from Pineview Ga Complaint taken up by the Commission with the defendant railway company and same promptly adjusted FILE NO 8874 McCordStewart Co Packing LCL shipments of water vs v melons Railway Companies J Filed June 22nd 1909 Complainants complained that some of the railway lines in the state refused to accept less than carload shipments of watermelons unless same were packed The Commission on the same day that complaint was received issued the following order Complaint having been received by the Commission that certain railway companies in Georgia decline to receive and transport LCli shipments of water melons unless same are packed and such action upon the part of said railway companies being not authorized by any rule of the Railroad Commission of I Georgia and further said action being a change in the custom heretofore maintained and Such action upon the part of the railway companies in the opinion of the Commission being unreasonable it is now 221 ORDERED That all railroad companies in Georgia shall receive all shipments of watermelons tendered them with proper shipping instructions and Bhall transport same between points in Georgia as indicated by said shipping instructions without requiring shipper to pack same This order is effective at once BY ORDER OiF THE BOARD The petitioning company desired the approval of the Commission of an issue of refunding mortgage bonds in the amount of 125000000 and Adjustment Mortgage Bonds in the amount of 25000000 for the purpose of refunding outstanding obligations and making improvements on its property After due hearing and such other investigations as the Commission deemed necessary the authority prayed for was granted on June 30th 1909 Flint River Northeastern Railroad 1 Petition for approval of issue of bonds Company j Filed June 24th 1909 The petitioning company desired the approval of the Commission of an issue of 20year 6 per cent Mortgage Bonds in the amount of 125000 for the purpose of relaying the rails on its main line and making other inprovements necessary to put said track in proper condition for the transportation demands made upon it The Commission after due hearings and such investigations as it deemed necessary on July 1st 1909 approved the desired issue Complainants complained that the approach to the defendant companys depot at Rex Ga was made very inconvenient by reason of the location of a cotton seed house on one side and an embankment on the other side The railway company in answer to notice of the complaint served on it by the Commission admitted the statement of facts made by complainants and advised that the FILE NO 8875 Petition for approval of an issue of Seaboard Air Line Rwy Co bonds Filed June 23rd 1909 FILE NO 8876 FILE NO 8877 Estes Manufacturing Co vs Southern Railway Company 222 cotton seed house referred to was occupied under an agreement with the railway company which required 30 days notice before same could he demanded vacated but that such notice had been given and that said seed house would sage way to its depot The parties interested in the seed house in question complained to the Commission of being notified to vacate and asked that they be given an opportunity to be heard before any final decision was made The Commission then took up with the railway company the matter of providing sufficient passage way without the removal of said seed house and on September 9th the railway company advised that arrangements had been made to do the necessary grading back of the seed house to afford adequate driveway to its depot which would not require the removal of the seed house All parties at interest so notified and no further complaint received Seaboard Air Line Railway Co This was a claim for overcharge on car of water hydrants shipped from Philadelphia Pa to Fitzgerald Ga Claim handled by the Commission with the defendant company and same was paid August 21st1909 Complainant complained of charges assessed by the defendant company on a C O D shipment of merchandise frpm New York to Fort Gaines Ga and of the charge assessed by said company for the return of the C O D collection The Commission advised complainant that the charge collected for the transportation of the merchandise from New York to Fort Gaines Ga was assessed in accordance with the rate on said movement as filed with the Interstate Commerce Commission and that there was therefore no overcharge in the transportation charge but that an overcharge of 15 cents was collected in returning the C O D collection40 cents being collected when the correct charge was 25 cents The Commission advised complainant that if he would send his receipt for the 40 cents charges referred to the Commission would secure refund of the overcharge but no further response received be removed as soon as vacated which would afford ample and convenient pas FILE NO 8878 Fitzgerald Water Light Bond Com mission vs Claim for overcharge Filed June 22nd 1909 FILE NO 8879 N H McLendon vs Southern Express Company 223 FILE NO 8880 Valdosta Moultrie Western Railroad Company Petition for freight and passenger tar iffs Filed June 24th 190L The above named railroad company advised the Commission that it was ready to begin operations as a common carrier and desired the Commission to prescribe for it freight and passenger tariffs The Commission after necessary investigations on July 10th 1909 in circular No 342 published Freight and Passenger tariffs for said company by placing it in Freight Class D and Passenger Class D road Company Complainant advised the Commission that the defendant company had discontinued stopping its passenger trains at Charing Ga on flags Upon investigation the Commission found that the railroad company had taken the action complained of without first securing the authority of the Commission so to do and on July 30 1909 the Commission ordered said company to immediately restore Charing Ga as a flag stop for the trains theretofore stopped at said point Copy of order forwarded by the Commission to both the railroad company and complanant and no further complaint received Complainants complained of the rule of the railway companies fixing September 1st as the end of each cotton season for the concentration of cotton for reshipment and requested said date changed to August 1st After investigation and consideration of the facts in the case the Commission advised complainants that the date of the cotton season as at present fixed furnished to all interested parties greater advantages than any other date that could be selected said date conforming to the United iStates Government cotton season anl of the various cotton exchanges and to fix another date would result in a great deal of confusion FILE NO 8881 J T Garrett vs Atlanta Birmingham Atlantic Rail Discontinuing flag stop at Charing Georgia Filed June 24th 1909 FILE NO 8882 A W Muse Co Albany vs Railway Companies 224 FILE NO 8883 R B Goodwin vs Southern Express Company I Express agency at Cork Georgia f Filed June 25th 1909 Mr R B Goodwin Cork Ga made inquiry as to the necessary procedure before the Commission in petitioning it for an order requiring the Southern Express Company to establish an agency at Cork Ga Necessary information furnished by the Commission and the matter taken up with the express company said company replied that the business which it would probably receive at Cork would not justify the opening of an office at that point and said company declined to establish an agency there The Commission advised petitioner that a date would be assigned for a hearing in the matter if that was desired but no further response as received from him FILE NO 8884 Western Union Telegraph Company Closing office at Indian Springs Geor L gla J Filed June 25th 1909 The petitioning company requested authority to discontinue its office at Indian Springs Ga upon the ground that the revenue derived at said office did not warrant its maintenance and that said company was unable to secure the services of an operator on the usual commission basis Copy of the petition was forwarded by the Commission to the proprietor of the hotel at Indian Springs Ga with request that same be submitted to interested parties jn order that they could advise the Commission of any objections there might he to its granting the petition of the telegraph company Strong opposition developed to the closing of the office and the Commission advised the petitioning company that Its request could not be granted unless after a formal hearing the facts disclosed justified that being done and advised said company that a date would be assigned for said hearing if same was desired but no further response received FILE NO 8885 J J Black Lumber Co vs Claim for overcharge Louisville Nashville Railroad Com Filed June 25th 1909 pany J This claim grew out of charges collected on a shipment of building material from Marietta to Ball Ground Ga The Commission advised the railroad 225 company of the amount of the overcharge collected and requested that same be promptly refunded to claimants On July 3rd 1909 said company advised the Commission that the amount of the overcharge claim was correct and that same would be refunded without delay Claimants so notified and no further complaint received The above named railroad company requested the authority of the Commission to discontinue the agency maintained at Sunset Ga a station on its FitzgeraldThomasville branch upon the ground that the saw mill previously located at that point had moved and that the revenue received by said company at that point was very small and decreasing After a thorough investigation the Commission was of the opinion that it would be unreasonable to require the railway company to continue to maintain an agency station at Sunset Ga and on August 13th 1909 authorized the discontinuance of said agency provided Sunset Ga was maintained as flag stop Complainants complained of the freight charges on one drum of oil shipped to them at Alto Ga from Atlanta Upon examination of the papers filed with the complaint the Commission found that no overcharge was collected and so informed complainants The Commission further advised them that effective July 29th 1909 the Commission had reclassified oil rating same at 4th class which would mean a considerable reduction in freight charges on future shipments This matter was taken up with the defendant company but no disposition of same has yet been made FILE NO 8886 Atlanta Birmingham road Company station at Sun FILE NO 8887 J A Grant Co vs Southern Railway Company FILE NO 8888 Citizens of Rosier Ga vs Georgia Florida Rwy Co 226 FILE NO 8889 Citizens of Merrillville Ga vs Atlanta Birmingham Atlantic Railroad Company This was a petition numerously signed by the citizens of Merrillville Ga and vicinity praying that the agency station maintained by the defendant railway company at Touraine Ga be removed to Merrillville Ga The Commission forwarded a copy of the petition to the Postmaster at Touraine but said communication was returned by the Postmaster at Merrillville Ga with the advice that there was no PostOffice at Touraine mail matter for said point being delivered through Merrillville The Commission thereupon took up the matter with the State Senator from the District and also with the Representative from the county in which Touraine is located advising them of the receipt of the petition and of the inability of the Commission to reach any interested parties and requested them to ascertain whether or not there were objections to the removal of the Touraine agency to Merrillville Ga Said parties advised the Commission that the removal of the agency as prayed for would serve a greater number of people and that no objections were entertained against that action being taken The Commission on August 14th granted the authority prayed for Establishment of an agency station Filed June 29th 1909 FILE NO 8890 Citizens of Mesena Ga vs I Additional passenger train service Georgia Railroad J Filed Juy 1st 1909 The petitioners requested the Commission to require the defendant company to stop its passenger trains Nos 27 and 28 when flagged at Mesena Ga The railroad company in response to notice of said petition served upon it by the Commission contended that the trains which petitioners desired to stop were fast through trains and that to require said trains to stop at such points as Mesena would result in rendering impracticable the maintenance of these schedules that the passenger business offering at that point was very small and that said station already had the service of sufficient passenger trains which stopped whenever there were passengers for same The Commission assigned the matter for hearing and notified all parties at interest Upon consideration of the facts disclosed at said hearing the Commission was of the opinion that Mesena already enjoyed adequate passenger train facilities and that to require passenger trains Nos 27 and 28 to stop at that point would be unreasonable and petition was therefore declined 227 FILE NO 8891 Citzens of Dunwoody Ga and vicinity vs Southern Railway Company Petition for depot Filed July 6th 1909 Copy of petition in above entitled matter forwarded by the Commission to defendant railway company and said matter set down for hearing before the Commission all parties being duly notified Upon consideration of the evidence submitted at said hearing the Commission on August 19th ordered the defendant railway company to submit plans for a combination freight and passenger depot sufficient for the demands of the shipping and traveling public at Dunwoody Ga The railway company submitted plans which in the opinion of the Commission contemplated adequate accommodations and same were approved and on September 10th an order was issued requiring the erection of a depot at Dunwoody in accordance with said plans and said depot was erected in accordance therewith FILE NO 8892 Georgia Florida Alabama RailroacPl Closing agency at Bower Ga Company j Filed July 16th 1909 The petitioning company requested authority of the Commission to discontinue agency maintained at Bower Ga upon the ground that the revenue derived from said station did not warrant its maintenance Before the Commission could institute an investigation as to the reasonableness of petitioners request said company on July 9th asked that its petition be withdrawn On February 21st 1910 however the petition was renewed and is now being investigated FILE NO 8893 V A Steed V vs Claim for overcharge Nashville Chattanooga St Louis Filed July 6th 1909 Railway Company This claim grew out of a shipment of potatoes from Smyrna Ga to Talbotton Ga the defendant company was the initial carrier and delivered shipment to the Central of Georgia Railway Company at Atlanta the last named company carried shipment to Paschal and same moved from that point over the Talbotton Railroad thus necessitating the payment of three locals whereas had shipment been delivered at Atlanta to the A B A R R only two locals would have applied The Commission therefore handled the matter 228 with the initial carrier upon the basis of claim account misrouting and said company advised the commission on August 20th that refund voucher for the amount of the charge collected in excess of what it should have been had shipment been properly routed was being forwarded on that day to claimant Claimant so advised and no further complaint received The above named express company petitioned the Commission to adopt Official Express Classification No 19 to take the place of the Commissions classification with a view of uniformity in classifications governing express companies No disposition of this matter has yet been made The record in this case covers the sale of the property of the Doerun Telephone Company Doerun Ga to the Southern Bell Telephone and Telegraph Company showing the terms and conditions of said sale The record in this case covers the sale of the property of the Pelham Telephone Company Pelham Ga to the Southern Bell Telephone and Telegraph Company showing the terms and conditions of said sale The Georgia Railway Electric Company filed with the Commission petition for authority to charge special rates for transporting passengers to the Atlanta Automobile Race Course stating in their petition that said company proposed FILE NO 8894 Adams Express Company Uniform Express Classification Filed July 9th 1909 FILE NO 8895 Doerun Telephone Company Doerun Georgia FILE NO 8896 Pelham Telephone Company Pelham Georgia FILE NO 8897 Georgia Railway Electric Co Atlanta Georgia 229 to construct tlic necessary track to reach said race course if the special rates desired were authorized The Commission sent copies of the petition to the mayors of Atlanta College Park East Point and Hapeville Ga advising that same had been set down for hearing The petitioning company was requested to publish notice of said pending application and date fixed for the hearing thereon three times in some daily newspaper published in Atlanta At said hearing no objections being filed to a favorable consideration of the petition the Commission granted the authority prayed for Subsequent thereto the Georgia Railway Electric Company the Central of Georgia Railway Company and the Atlanta Chamber of Commerce through their properly accredited representatives filed with the Commission a joint request for the approval of special rates and services between Atlanta and said race course which had been agreed upon by them as furnishing the best facilities for the crowds expected to attend these races and it appearing that there were no objections to said service and rates being approved same were approved Complainants complained of the rates on canned goods from Barnesville to Waycross Ga as compared with the rates to Brunswick stating that they contemplated buying a car of said goods at Barnesville but found that the rate to Waycross Ga was 39 cents per hundred pounds whereas to Brunswick 3a it was only 25 cents per hundred pounds The Commission took the matter up with the Central of Georgia Railway Company and said company on July 29th advised that it would immediately publish from Barnesville to Waycross a rate of 32 cents per hundred pounds this being the same rate that applied from Atlanta The Commission advised complainants of the action of the railway company and requested them to communicate with it further if o new rate was unsatisfactory but no further complaint received eights to his draymen notwithstanding said draymen presented orders for fws signed y the consignee upon the ground that the deliveries would not made except to parties receiving the goods giving a written receipt therefor FILE NO 8898 J M Cox Co vs Railway Companies goods FILE NO 8899 F M Garner vs Central of Georgia Railway Company Filed July 15th 1909 Complainant complained of the refusal of the defendant company to deliver 230 It appeared that the draymen for consignee could not write their names The Commission requested the defendant company to give instructions to its agents so that such parties as called for goods with written orders for same and could not sign their names could secure same by making their mark in the presence of a witness The railway company on July 24th advised the Commission that necessary instructions had been given to remove cause of complaint along this line in future Complainant was advised of the Commissions handling and no further complaint receeived This claim was filed account shipment of medicine in bottles from Atlanta to Bolingbroke Ga broken in transit Matter handled with the defendant company and said company on August 12th advised the Commission that instructions had been issued for the payment of the claim Claimants so advised by the Commission and no further complaint received Complainants complained that the classification of the Commission prescribed a minimum weight of 25000 pounds for carload shipments of shale whereas brick moved under a minimum carload weight of 40000 pounds and that therefore carload rates on brick manufactured of shale were lower than the rates on the material out of which the brick were made The Commission advised complainants that the rates in question were as stated by them but that no change could be made without opportunity being given to all parties at interest to be heard in the matter and requested complainants to advise it if a hearing was desired but no further response received Complainants complained that the requirement under which the defendant company performed door delivery of express packages at Bainbridge da worked discrimination against him in that said company refused to deliver such FILE NO 8900 Jackson Wessell vs Southern Express Company FILE NO 8901 LudowiciCeladon Co vs Railway Companies FILE NO 8902 Percy D Campbell vs Southern Express Company Door delivery at Bainbridge Ga packages at his residence while such service was extended others as far removed 231 from the companys office as was complainants residence The company contended that the complainant did not live within its free delivery limits Considerable correspondence passed between the Commission the express company and the complainant but no satisfactory adjustment of the matter secured until the promulgation by the Commission of Express Rule No 13 published January 9th 1910 in circular No 345 which rule requires express companies doing business in Georgia at all points where door delivery service is maintained to deliver at the residence or place of business of consignees all packages consigned to parties whose residence or place of business is within one mile of delivery office of the company provided such residence or place of business is within the corporate limits of the city or town of destination This party desired information as to rates on cold pressed cotton seed cake from Gainesville to Atlanta Georgia The Commission advised him that it had no specific rate on this commodity but same was classified in Southern Classification when in less than carload quantities at 20 per cent above fertilizer rates and in carload quantities the same as fertilizers and that under the rules of the Commission providing that where specific ratings are not provided in its classification for any given commodity the ratings in Southern Classification should applied the rates above quoted would apply The Commission further advised said party that if these rates were unsatisfactory it would give consideration to the question of adopting specific rates on this commodity but no further response received Complainants complained that the railway companies entering Atlanta refused to allow them to use their own printed shipping receipts and that as they bad on hand a large supply of said receipts the rules of the railway company complained of not only put them to inconvenience but to loss in the amount of the value of the said receipts Complaint handled with the railway companies at interest and said companies agreed to allow complainants to use their receipts provided they stamped on same a clause subjecting the receipt f all shipments tendered thereunder to the terms and conditions of the carriers standard billlading FILE NO 8903 H D Jaquish Gainesville Georgia FILE NO 8904 F W King Co vs Railway Companies 232 FILE NO 8905 Atlanta Birmingham Atlantic Rail1 Dlscontmuing flag stop at Berry Geor Petitioning company requested the authority of the Commission to discontinue Berry Ga as a flag stop and after investigation of the facts in the case the Commission on August 20th 1909 granted the authority prayed for Complainant writing as Clerk of the Town Council of Sasser Ga inquired of the Commission as to whether or not it had jurisdiction in the matter of requiring the defendant company to extend a bridge over one of the streets in that town in order to provide a better approach to said bridge The Commission advised complainant that such matters did not come within its supervision but was subject to regulation by the Town Council or other authorities at the same time the Commission referred the matter to the Chief Executive Officer of the defendant company with request that same be given proper attention The record in this case covers investigations instituted by the Commission upon its own initiative relative to service furnished by the Georgia Railway Electric Company in the city of Atlanta Georgia Several hearings were had and inspections made by the Commissioners themselves and by an Inspector appointed by the Commission It was found that on some of the lines the railway company failed to operate a sufficient number of cars and said company was required to increase its service in such cases This record is still open a Committee of the Commission having been appointed to keep in touch with the necessity for any further change that might be found to exist road Company gia Filed July 17th 1909 FILE NO 8906 J H Sasser over street vs Seaboard Air Line Railway Co FILE NO 8907 Georgia Railway Electric Company Street car service in Atlanta Ga Filed July 22nd 1909 233 FILE NO 8908 J E Phelan vs Atlanta Birmingham Atlantic Rail road Company This claim was filed account alleged overcharge on shipment of cross ties moving over defendant companys line It appeared that shippers had loaded cars beyond their marked capacity and the railroad company assessed double charges on the weight in excess of the marked capacity of the cars The Commission held that the rule of the railway company under which charges were assessed was reasonable and on January 7th 1910 the Commission published the following rule the same being Freight Rule No 32 Railroad Companies will not be required to accept for transportation cars loaded by shippers in excess of their marked capacity plus ten per cent and whenever a shipper at a flag station or other station where there are no track scales overloads a car as above charges for transportation may be assessed on basis of ten per cent above the current tariff rate FILE NO 8909 Claim for overcharge Filed July 19th 1909 Citizens of Cohutta Ga vs Southern Railway Company I Passenger train accommodations j Filed July 19th 1909 Various citizens of Cohutta Ga and vicinity requested the Commission to require the Southern Railway Company to furnish daily passenger and freight service between Cohutta Ga and Cleveland Tenn and freight service between Rome and Cohutta Ga In answer to notice of said petition forwarded by the Commission to defendant company said company replied that during the business depression through which the country had just passed it had found that the business offering along its lines from Cohutta to Cleveland was so light that daily freight service between said points was not demanded and trains were therefore operated only every other day and that as no separate trains for passengers were operated over this line such service being handled by local freight trains the passenger service along with the freight service had been restricted to trains running every other day iSaid company however advised that business over this branch of its line was increasing and that restoration of the old schedules would be made Complainants advised of the handling of the Commission and no further complaint received 234 FILE NO 8910 Louis F Maire vs Atlanta Birmingham Atlantic Rail f road Company Claim for overcharge Filed July 19th 1909 This was a claim for overcharge on shipment of buggies and vehicle material from Thomasville to Atlanta Ga Upon examination of the claim papers the Commission found that no overcharge was collected and claimant was so advised FILE NO 8911 G R Swaner VS Georgia Florida Alabama Railway j Company Freight trains blocking street crossings Filed July 20th 1909 This was a complaint that the freight crews of the defendant company failed to clear the approach of the depot at Carnegie Ga which rendered it impracticable at times for intending passengers to reach the ticket office to purchase tickets and board passenger trains the freight trains blocking crossings and standing between passenger trains and the depot Matter handled by the Commission with the defendant company and said company promptly replied that such instructions had been given as would prevent a recurrence of this complaint Complainant so advised and no further complaint received FILE NO 8912 W R Wilkes vs I Claim for overcharge Georgia Florida Railway Co J Filed July 20th 1909 This claim grew out of a shipment of baskets moving from Augusta to Oak Park Ga Claim handled with the defendant company and paid August 10th 1909 FILE NO 8913 H D Snider Passenger train connections at Macon vs Georgia Central of Georgia Railway Company J Filed July 21st 1909 Complainant complained that trains of defendant company bound for the west and southwest were scheduled to leave Macon prior to the arrival of the trains from Savannah and that in consequence many passengers who desired 235 to make this connection were muchly inconvenienced The matter was handled with the defendant company and said company advised the Commission that instructions had been given for the MaconColumbus trains to wait at Macon for the arrival ofthe SavannahMacon trains which would bring about the connections desired by complainant This information was communicated to complainant and no further complaint received Complainants complained that the rate on fertilizer from Atlanta to Hartwell Ga was made on the basis of continuous mileage whereas the rate from Macon to said point was based on two locals Matter handled with the defendant company and said company published rate from Macon on the same basis as the rate from Atlanta was made Complainants then made inquiry as to their right to claim overcharge in freight paid on shipments moving prior to the reduced rate The Commission advised complainants that claims for overcharges upon that ground could not be sustained as the rate could not be published retroactive but that they could file claim for reparation upon the ground that the former rates were unreasonable The Commission advised them however that it had never issued any reparation orders nor had it ever considered whether or not it had authority to do so but that if they desired to file such a claim same would be fully considered No further response upon this score however was received Complainants complained that the rate on fertilizer material from Charleston S c to Sale City Ga was out of line when compared with the rates from Charleston to Camilla and Pelham Ga Upon investigation the Commission found that the special rates on acid phosphate to Camilla and Pelham referred to by complainants were withdrawn March 31st 1908 and that the only rates then in effect between said points applied onimported fertilizer material including pyrites The railroad company signified its willingness to publish the same rates on these materials to Sale City as applied to Camilla and Pelham Complainants were so advised but no further response received FILE NO 8914 Royster Guano Company vs Southern Railway Company FILE NO 8915 F A Perry Warehouse Co vs Atlantic Coast Line Railroad 236 FILE NO 8916 Georgia Power Company Petition for approval of stock and bond issue Filed July 23rd 1909 The petitioning company desired the approval of the Commission of an issue of common stock in the amount of 1650000 and First Mortgage 5 per cent Gold Bonds maturing 40 years from date thereof in the amount of 1550 000 for the purpose of acquiring property building dams and equipping a water power plant in Hall County Georgia After due hearing and Investigations the Commission on August 20th 1909 authorized the desired issues On December 13th 1909 this company petitioned the Commission for its approval of additional stock and bonds the proceeds of which were necessary in the development of said companys plant After due hearing and investigations the Commission on January 4th 1910 authorized the issues of additional securities which taken together with the issues authorized on August 20th 1909 makes the following totals 3000000 NonCumulative 6 per cent Preferred Stock 3000000 common stock 6000000 First Mortgage 5 per cent Gold The petitioning company being engaged in the transmission and distribution of electrical power prayed for the Commissions approval of an issue of capital stock in the amount of 50000 for the purpose of extending its service After due hearing and investigations the Commission on August 20th 1909 approved the issue of stock prayed for Complainant complained that the defendant company failed to provide adequate passenger accommodations in its depot at Greensboro Ga stating that said depot was without any toilet facilities The matter was taken up by the Commission with the defendant company and said company replied that no provision had been theretofore made for the facilities in question because of the fact that until only a short time prior to the filing of this complaint the city of Greensboro Ga was without any water and sewerage facilities but Bonds FILE NO 8917 Petition for approval of an issue of Atlanta Power Company capital stock Filed July 23rd 1909 FILE NO 8918 Frank C Smith vs Georgia Railroad 237 that since these improvements had been made by the city said company could establish the toilet facilities desired and advised the Commission that same would be provided without delay Complainant so advised and no further complaint received The petitioning company desired to discontinue Southland Ga as a flag stop for its passenger trains Nos 3 and 4 upon the ground that there was no demand for said flag stop and because said point was closely situated to regular stations on both sides The matter was taken up by the Commission with the PostMaster at Southland Ga who furnished the commission with a protest against the granting of the railroad companys petition signed by some 16 parties interested in said matter The petition was assigned for hearing and all parties duly advised The Commission on September 13th 1909 upon consideration of the record in said matter and of the evidence submitted at the hearing was of the opinion that the request of the railroad company was reasonable and should be granted and it was so ordered This claim was filed account loss of household goods shipped from Milltown Ga amount of claim being 6450 Claim handled with the railway company at interest and on October 18th 1909 the Assistant to the President of the defendant company advised the Commission that authority had been issued and sent to the agent at Willacoochee Ga the home of claimant for payment Claimant so advised and no further complaint received Complainant complained that the defendant company failed to keep a night telegraph operator on duty at Quitman Ga notwithstanding said company had two important trains passing through said city at night Matter handled with the defendant company and said company contended that the operation FILE NO 8919 Atlanta Birmingham Atlantic Railroad Company Discontinuing flag stop at Southland Georgia Filed July 22nd 1909 FILE NO 8920 J 0 Sirmans vs Atlantic Coast Line Railroad FILE NO 8921 vs Atlantic Coast Line Railroad 0 K Jelks 238 of its trains did not require night telegraph service at Quitman Ga and that other conditions did not justify the expense necessary to maintain such service The Commission advised complainant of the result of its investigation and requested Mm to advise if a hearing was desired but no further response received The record in this case covers petition of above named company for authority to charge special rates for the special service required in transporting passengers attending the automobile races at Atlanta November 6th to 13th 1909 the grounds for requesting special fates being that said company would he required to build passenger sheds and landings and to operate special trains The authority prayed for was granted Complainant complained of the rule of the defendant company requiring the payment of telephone rent in advance The Commission advised complainant that while it had never made any formal ruling upon this subject it had in a number of instances such as in the present case advised inquirers as to said rule that same was being enforced by the company with the knowledge of the Commission along with its other rules which had been ordered filed in this office and the Commission had thus far failed to find sufficient reasons to hold that said rule was unreasonable many things entering into the question that justified the advance payment of telephone rent No further complaint received from complainant This complaint is similar to complaint covered by file No 8923 and complainants advised by the Commission in the same manner as in the record just referred to FILE NO 8922 Central of Georgia Railway Special rates and service account au tomobile races at Atlanta Ga Filed July 26th 1909 Southern Bell Telephone Telegraph Company FILE NO 8924 Atlanta Machine Works vs Southern Bell Telephone Telegraph f Fied Juy 26th 1909 Company 239 PILE NO 8925 Railway Mail Clerks vs Seaboard Air Line Railway Co Bad condition of mail cars Filed July 31st 1909 Several railway mail clerks running between Atlanta and Birmingham complained to the Commission that the defendnat company operated a mail car between said cities which was in bad condition and unfit for service said car being No 32 Matter taken up with defendant company and on August 12th said company advised the Commission that the car in question had been withdrawn from the service Complainants so advised and no further complaint received Citizens of Baldwin Ga and vicinity r train facilities Petitioners desired the defendant company to stop its passenger train No 39 at Baldwin Ga on flag The defendant company declined to comply with the wishes of petitioners upon the ground that Baldwin Ga is situated only 14 miles from Cornelia and 27 miles from Alto Ga both of which stations are regular stops for the train in question that four trains per day two in the forenoon and two in the afternoon at seasonable hours stopped at Baldwin which furnished not only reasonable passenger train service at said point but much greater accommodations than are ordinarily found No disposition has as yet been made of the petition This claim was filed account loss of shipment of whisky shipped from Jacksonville Fla to claimant atSumner Ga Claim taken up with the defendant company and on October 15th 1909 the Superintendent of said company ad FILE NO 8926 vs Southern Railway Company FILE NO 8927 W E Branch vs Southern Express Company vised the Commission that claim had been paid 240 FILE NO 8928 G Leslie Austin vs Atlantic Coast Line Railroad Bulletining delayed trains Filed July 26th 1909 Complainant complained that the agent of the defendant company at Dixie Ga failed to observe the rule of the Commission requiring delayed trains to be bulletined Matter handled with defendant company and said company denied statements of complainant Commission advised complainant that since there was an issue of fact which could only be determined by a formal hearing at which both he and the representative of the railway company could be present the Commission was unable to make any order in the premises without having such a hearing and requested complainant to advise it if a hearing was desired but no further response received Complainants complained that rates qn salt in Georgia were unreasonable and as a reason for said complaint stated that the rate on salt from Ohio River Crossings to Atlanta was 18 cents and on grain 24 cents while on some lines in Georgia the rate on salt exceeded the grain rate due to the fact that no percentage was allowed above the standard tariff on class D in which class grain was rated but percentages were allowed above the standard tariff on class O in which class salt is classified Copy of the complaint served by the Commission on the railway companies and said matter set down for hearing all parties at interest being advised thereof At the hearing the traffic Manager of the Atlanta Freight Bureau representing complainants requested the Commission to hold up any decision in said matter until he could file a brief on behalf of complainants The Commission granted said request and furnished the Atlanta Freight Bureau with such copies from the record as were desired The above named company advised the Commission that it was ready to begin operations over 18 miles of its railroad which it proposed to cnstruct FILE NO 8929 W S Duncan Co vs Railway Companies but no further response has been received from them in said matter FILE NO 8930 Rome Northern Railroad iffs Filed July 28th 1909 Petition for freight and passenger tar 241 from Rome Ga into Tennessee and therefore desired the Commission to prescribe freight and passenger tariffs for the observance of said railroad The Commission after due consideration on August 2nd 1909 prescribed rates under passenger and freight class D for said line and said classifications were published n circular No 343 FILE NO 8931 S C Cooper jl vs Claim for lost personal baggage Georgia Southern Florida Railway Filed July 28th 1909 Company Claimant filed Claim account personal baggage lost in transit from Macon to Wayeross Ga Matter handled by the Commission With the defendant company and said company declined to admit of liability on said claim Commission advised claimant that since it had no authority to require the payment of claims and since the railroad company had declined to pay same his only recourse was a suit in the courts FILE NO 8932 J E McCarty et al 3 vs l Routing shipments Atlanta Birmingham Atlantic Rail J Filed July 28th 1909 road Company Complainants are engaged among Other things in growing Watermelons at ideal Ga and other stations on the line of defendant company and desired to Ship said melons to Atlanta and secure Central of Georgia Railway delivery at that point owing to the fact that the market price of melons on delivery tracks of the Central of Georgia Railway in Atlanta Ga is some 1500 or 2000 per car higher than when on the tracks of the Atlanta Birmingham and Atlantic Railroad The defendant company refused to turn its cars over to the Central of Georgia Railway at Oglethorpe Ga but insisted upon its right to transport the shipment through to Atlanta having its own rails through from point of shipment to destination The Central of Georgia Railway Company refused to place cars on its delivery tracks fet Atlanta which arrived over the rails of other carriers upon the grounds that it could not he required to give up to the service of another carrier against its consent terminal facilities provided by it foi its own Use Tfid Commission called upon the Special Attorney to the Commission for his opinion as to the Commissions authority tb require the Service desired by complainant and said Special Attorney advised that tbe Commission was with 242 out any such authority Complainants were so advised with the statement that the Commission would at the next session of the Legislature recommend the enactment of such legislation as would give the Commission power to correct such complaints in future Ocilia Pinebloom Valdosta Railroad f issue of bonds Petitioning company on July 30th 1909 filed a petition for the approval of the Commission of an issue of bonds the proceeds of which were to be used in extending its line but on September 10th 1909 said company requested that consideration of said petition be postponed subject to be called up upon its further petition Said request was granted by the Commission and no further petition has been filed by said company This claim was filed account alleged overcharge on shipment of cotton seed from Palmetto to Bremen Ga Matter handled by the Commission with the defendant company and the Freight Claim Agent of said company advised that claim papers had been lost but that if claimants would furnish duplicate papers same would be voucbered as soon as same were received This information was furnished claimants and they supplied necessary information for the duplication of the papers which information was given by the Commission to the railway company and no further complaint was received with reference to said claim Complainants requested information as to whether or not they were liable to the railroad company on claim of said company presented them for an undercharge on a shipment of lumber from Walker Ga to Birmingham Alabama The Commission advised complainants that if they would furnish it with the FILE NO 8933 Company FILE NO 8934 Mandeville Mills vs Southern Railway Company FILE NO 8935 Red Cypress Lumber Co vs Central of Georgia Railway Company 243 papers showing that the rate contended for by them had been assessed upon former shipments the Commission would handle their claims with the railroad company for them but no further response received This claim was filed account loss and damage growing out of shipment of one car of hay from Rose Hill 111 to Tallapoosa Ga amount of claim being 14785 Matter handled with the defendant company and said company on September 30th 1909 advised that claim was vouchered in August and that voucher had been forwarded to claimants Complainants complained that the defendant company refused to send for or deliver messages at their plant locatedat 550 Whitehall St in Atlanta Georgia Matter taken up by the Commission with the defendant company but said company declined to grant the service desired upon the ground that complainants place of business was without the free delivery limits prescribed by the rules of the Commission The Commission advised complainants that in view of the position taken by the def endant company no order could be issued requiring the desired service unless after a hearing the circumstances justified that it being done and requested complainants to advise it if a hearing was desired Complainants advised the Commission that a request for a hearing would be filed as soon as they could determine a date for that purpose which would suit their engagements but no further response received from them Savannah Local Freight Agents Asso ng freight depots on labor day The Local Freight Agents Association of Savannah filed with the Commission petition for authority to close the freight depots in said city on Monday September 6th 1909 said day being Labor Day Petition was endorsed by the FILE NO 8936 J T Copeland Sons vs Southern Railway Company FILE 8937 Virginia Bridge Iron Co vs Western Union Telegraph Co Free telegraphic messenger service Filed July 31st 1909 FILE NO 8938 dation August 5th 1909 244 Savannah Chamber of Commerce and the Trades and Labor Assembly of Savannah The Commission oh August 10th authorized the closing of said depots as requested provided provision was made for the handling of perishables and live stock on said date FILE NO 8939 Wall Richardson vs Georgia Railroad and Central of Georgia Railway Company Facilities and rate incident to com pressing cotton Filed August 7th 1909 After several hearings of the above entitled matter at which petitioners and defendant railway companies appeared by counsel and other representatives the Commission on January 27th 1910 issued the following order which will explain the nature of said petition and disposition made thereof by the Commission EXHIBIT A Wall Richardson vs Georgia Railroad and Central of Georgia Railway Co Petition for side tracks and and Special cotton rates to and from Milledgeville Ga etc The petitioners complain against the Georgia Railroad and the Central f Georgia Railway Company and allege 1 That they have formed a partnership under the trade name of the Milldgve Compress Company for the purpose of erecting and operating a cottoii compress at Milledgeville upon a site they have purchased lying between and adjoining th right of way of respondents 2 That side track facilities are necessary to the opration of said compress and that realizing that its operation would be financially hazardous without tie cooperation and patronage of said railroads negotiations for securing each of these objects were opened with the proper officials of respondents in the Spring of 1909 and as the result thereof an agreement was reached with A G Jackson General Freight Agent of the Georgia Railroad for a side track to be constructed by his road and for compression business concentration privileges etc and that certain officials of the Central of Georgia Railway towit Messrs Carlisle and Mallory Commercial or Industrial Agents agreed to substantially the same propositions in behalf of that road 3 That acting on the faith of said agreements petitioners purchased a site for their compress and proceeded to grade the same and bought lumber and all 245 necessary machinery for the erecton of such compress plant much of which was on the ground at the filing of their complaint 4 That on July 31st 1909 petitioners received a telegram from the general manager of Georgia Railroad declining to construct said track or to patronize said compress or to allow its concentration privileges etc And on August 1st received a letter from the vicepresident of the Central of Georgia Railway Company bearing date July 31st containing a similar declination on the part of that company 5 Petitioners further state that there are compresses at Augusta Macon and Covington on each of said roads That respondents patronize these compresses and grant to them certain privileges and advantages known as concentration backhauling etc and pay them 8 12 cents per 100 pounds for compression That in refusing and declining to grant similar privileges and advantages to petitioners respondents are being discriminated against and that In backhauling cotton to said compresses respondents are in effect granting them rebates Whereforepetitioners complain to this Commission and pray 1st That the defendant carriers be required to ship all cotton purchased by complainants within the territory described in their petition to petitioners compress at Milledgeville to be there compressed and that responednts be required to pay petitioners for such compression 8 12 cents per hundred pounds 2nd That respondents be required to deliver to petitioners compess for compression all unpressed cotton passing through Milledgeville en route to destination whenever compression is reuqired where a backhaul is necessary to reach any other compress 4th That this Commission present the questions involved in petitioners complaint where they affect interstate shipments to the Interstate Commerce Commission for its rulings thereon 5th That the Georgia Railroad be required to construct a side track along its line where it adjoins complainants compress of sufficient length to accommodate ten freight cars 6th A similar prayer as to the Central of Georgia Railway Company Before the hearing in the original petition was had complainants by way of amendment added another prayer towit 7th That the Commission prescribe such reasonable local freight rates on soft cotton from points named in the original petition to Milledgeville and on compressed cotton from Milledgeville to Savannah as when added together will not exceed the present through rates from Said named local points tto Savannah less the usual compression fee of 8 12 cents per 100 pounds In response to the usual service in such casesthe Georgia Railroad under date of August 20th 1909 notified the Commission in writing that it considered the original petition as essentially one for the specific performance of an alleged contract a subject over which the Commission had no jurisdiction and therefore would not appear at the hearing by the Commission The Central of Georgia Railway Company filed its answer to the original petition denying the making of any agreement as to side tracks concentration 246 or back haul privileges or the compression of any cotton for it or that there was any demand or need by the public ov by the carriers for a compress at Milledgeville or that there was sufficient business in that territory for a public compress It further insisted that compression was a service for the carrier rendered only at its instance and expense and not imposed upon the carrier by law or because of its public duty as a common carrier and that it had the right to contract for such service with such persons or corporations as it regarded most suitable and satisfactory to it To the amended petition both respondents answered substantially reiterating the denials and averments made in the answer of the Ceneral of Georgia Railway to the original petition and specifically to the 7th prayer that the same was impracticable and unwise and if granted as prayed for would fix upon them unreasonably low and wholly noncompensatory rates and necessarily involve a reconstruction of cotton rates throughout the state in some instances largely increasing the cost of transportation and in others requiring transportation to be furnished for from mere nominal rates to nothing atall We have stated the issues raised in this complaint rather at length and we trust clearly believing that when thus clearly stated the soundness and equity of the conclusions reached by the Commission will be apparent without extended argument After hearing evidence and arguments and after careful consideration of the same and of the uqestions involved the first foui prayers of the original petition are denied If petitioners desire cotton purchased and owned by them compressed at their own press in Milledgeville or at any other press they can ship it there or elsewhere by giving the proper directions and paying the carriers no more than the maximum rates for carriage fixed by this Commission They need no order of this Commission we apprehend for this purpose The Commission is without power or authority however to say to the carrier that it must receive all cotton purchased by petitioners in certain territory and irrespective of destination haul it to the petitioners press solely for compression and pay petitioners 8Y2 cents per 100 pounds for such compression The Commission is of the opinion that compression under existing custom is an incident of carriage It is done mainly for the convenience and economy of the carrier and at its expense when performed in the interior It is not obligatory on the carrier either by statute or as a public duty It not desired by many purchasers of cotton nor is it done in thik State without the owners consent The carrier is responsible for the cotton while in its care It seems therefore if the carrier desires cotton tendered it as such for convenience or ecenomy compressed and secures the consent of the owner to compression that it should have the right and power to select the person or corporation with whom it shall contract for such service to it alone Such selection and such discrimination as it may exercise in its choice of the party Whose serrvices it desires does not in our opinion constitute unlawful discrimination by a carrier any more than its choice of a manufacturer from whom it would buy rails 247 If compression be an incident of carriage and a service rendered the carrier alone and solely for its benefit and if the carrier desires such service and finds a party who is willing to do it if the carrier will bring the cotton to his plant inasmuch as the plant can not be carried to the cotton it does not seem to us that the ustom of backhauling to reach the nearest or for any reason the desired compress is in the nature of a rebate to the compressor The railroad in this haul is rendering itself not th compress a service and we know of no law condemning such a practice In our opinion such a practice is not similar to rebilling which is a privilege or advantage given to the shipper If our conclusions as to the principles involved in this complaint thus very briefly stated are correct as to intrastate shipments they would be true as to interstate shipments and being so convinced the Commission does not feel that it can consistently present the complaint to the Interstate Commerce Commission as asked in the 4th prayer If the respondents agreed as is alleged by complainants to patronize their compress upon the terms and conditions and under the circumstances set forth and if on the strength of such agreements relying thereon and because thereof complainants bought site lumber and machinery thereon and have actually expended sums in carrying out their part of the agreement or undertaking there may or may not be a case for the courts This Commission however is without power or authority to compel the performance of such contracts As to the 5th and 6th prayers that the Georgia Railroad and the Central of Georgia Railway Company be each required to build a side track along its line where it adjoins complainants compress site the Commission is of the opinion that if the proposed compress is erected and placed in readiness for operation that such side tracks as are prayed for would be practicably necessary and a reasonable requirement and upon a showing of such establishment and readiness for operation the Commission will pass orders so prayed for should they not have been provided in the meantime The fth prayer in the amended petition for separate rates on soft and compressed cotton is not granted The particular rate on compressed cotton to Savannah to be arrived at a prayed for is impracticable and if ordered would be in our opinion unreasonable and unjust to tfce carrier The broader general question of separate rates on soft and compressed cotton has had our earnest consideration At this time under the evidence developed in this hearing the Commission does not feel that it would be justified without further investigation and consideration in making separate rates for compressed and unpressed cotton 248 FILE NO 8940 Rabun Gap Telephone Electric Com j Formal consent to regulation pany Rabun Gap Georgia Filed August 10th 1909 The record in this case covers formal notice of the above named company of the willingness and consent of said company to regulation by the Railroad Commission of Georgia as provided for under the terms of Act of 1905 page 79 of the Act of the General Assembly of said year FILE NG 8941 Claim Adjustment Company vs Claims for overcharge Atlanta Birmingham Atlantic Rail f Fjjed August 10th 1909 road Company These claims grew out of shipments of cross ties from points on the Tifton Terminal Company to LaGrange Georgia The defendant company declined to pay said claims and the Commission on February 27th 1910 forwarded to claimants formal statement of the Commission to the effect that the amounts claimed as overcharges were correct and advised them that their only recourse was a suit in the courts FILE NO 8942 W Wv Beard j Proper cars in which officials with ne vs L gro prisoners should ride Railway Companies J Filed August 10th 1909 Mr Beard as Sheriff of Clay County requested information of the Commission as to authority of the railway company to require him when traveling with negro prisoners to ride in the negro coach The Commission referred the matter to its Special Attorney for his opinion and a copy of said Special Attorneys opinion furnished to Mr Beard and no further complaint received The opinion referred to will be found under the OPINIONS OF THE SPECIAL ATTORNEY TO THE COMMISSION published in this report FILE C W Houston VS Georgia Coast Piedmont Railroad Company Complainant complained that the Doctors Creek Ga was in an unsafe NO 8943 Unsafe condition of railroad trestle Filed August 11th 1909 J trestle of the defendant company over condition Upon investigation the Com 249 mission was of the opinion that while the outside of several of the piling under said trestle was rotten there was sufficient sound heart in each to render said trestle safe This was a petition for extension of street car service by the defendant company into certain sections of the city recently taken into the corporate limits by extension thereof Petitioner requested the Commission to require the defendant company to supply certain information needful in the presentation of this petition Upon consideration of the petition the Commission advised petitioner that as it was not sufficiently informed as to the necessity or the nature of the evidence sought to determine whether or not the same would be relevant and could not order the production of such information until consideration could be given to the other petition that petitioners desired to file It was ordered that the communication already presented by petitioner be filed and at such time as the further petition referred to was received further orders would be taken by the Commission in the premises Petitioner advised the Commission on August 14th that this matter would be again brought to its attention upon the return of his counsel to the city but no further communication received from him Western Atlantic Railroad Co Petitioners desired the defendant company to rebuild its depot at Catoosa Springs Ga for the reason that same was unsafe and not fit for the use that same was intended for The matter was taken up by the Commission with the defendant company and said company advised that all necessary improvements would be made in said building before the next summer season that being the only time when said station was used to any extent FILE NO 8944 Edwin P Ansey vs Georgia Rwy Electric Co FILE NO 8945 Citizens of Catoosa Springs Georgia and vicinity vs Depot facilities Filed August 13th 1909 250 FILE NO 8946 F Burnett Georgia Southern Florida Railway vs Storing naval stores in depot Filed August 14th 1909 Company Upon investigation of this matter the Commission found that complainant desired to store spirits of turpentine in the depot of the defendant company at Councils Ga until a carload was thus accumulated The Commission advised complainant that the railway company could not be required to give up the use of its freight warehouse for such purposes This matter was taken up by the Commission with the defendant company and said company advised that inasmuch as it was in the hands of Receiver the depot improvements could not be provided except upon the approval of the court Said company further advised that it had petitioned the court for authority to construct a depot at Aaron Ga at a cost of about 25000 Petitioners were so advised and no further communications received roadCompany The record in this case covers 8 claims for overcharge growing out of shipments of cross ties moving over defendants line Claims were handled with defendant company and payment of some of them promptly secured the railroad company advising that all of said claims would be disposed of as rapidly as possible FILE NO 8947 Citizens of Aaron Georgia vs Depot facilities Savannah Augusta Northern Rail Filed August 14th 1909 road Company FILE NO 8948 Claim Adjustment Company vsi Atlanta Birmingham Atlantic Rail Claims for overcharge y Filed August 16th 1909 251 FILE NO 8949 Towaliga River Milling Co vs Western Union Telegraph Co Code messages Filed August 14th 1909 Complainants complained that the defendant company effective September 1st 1909 had published a rule with reference to the transmission of code messages the effect of which was to increase the rates thereon Upon investigation the Commission found that the rule in question was not issued for the purpose of increasing rates but to restrict code messages to the use of such combinations of letters only as formed known words said rule being found necessary because of the practice of many senders of code messages in using combinations of letters which rendered the transmission of the messages extra hazardous and increased the liability of the company in errors and delays Full information as to the Commissions handling of said matter furnished complainants and no further complaint received Complainants complained that the railway companies entering Albany Ga had increased trackage or switching rates at said point Upon investigation the Commission found that its rule prohibiting the increase of rates without the consent of the Commission first being secured referred only to rates between cities in this State and said order did not therefore apply to switching of trafic at one station The rule of the Commission above referred to was amended by General Order No 14 so as to include all rates and prohibited the increasing of any rate for any service rendered in this State by corporations subject to the jurisdiction of the Commission without the authority of the Commission first being secured Complainant lives at the end of the Howell Station extension line on the Marietta Road and works near the water pumping station on Luckie Street Marietta and Luckie Streets are parallel streets and under the rules of the FILE NO 8950 Tennessee Fertilizer Company vs Railway Companies FILE NO 8951 D F Pate vs Georgia Railway Electric Co 252 defendant company governing the use of transfers which prohibited the use thereof on cars running in the same general direction complainant was required to pay two fares in going to and returning from his work The Commission took the matter up with the defendant company with a view of said company adopting a rule whereby passengers boarding its Howell Station cars at points beyond the city limits or beyond the point where these cars stopped before the extension of the line could use transfers from said line to cars operating on Luckie street Said company acting upon the suggestion of the Commission instructed its conductors on its Marietta and Luckie street lines to accept transfers between said lines provided passengers holding such transfers changed cars at Alexander street This action fully met the desires of petitioner and the record of the Commission in said matter was thereupon closed This was a petition numerously signed by the citizens of Locust Grove Ga praying the Commission to require the defendant company to install telephone service in its depot at that point The railway company in response to notice of said petition advised the Commission that the business derived at Locust Grove did not warrant the expense necessary in maintaining the desired service and therefore declined to comply with the request of petitioners The Commission advised petitioners that it would be necessary to have a hearing in said matter before same could be finally disposed of and that a day would be assigned for that purpose if a hearing desired but no further response This claim was filed account value of one cow killed by train of the defendant company at MPC167 After considerable correspondence with defendant company said company advised the Commission on September 15th that draft in settlement of claim had been issued and claim finally disposed of FILE NQ 8952 Citizens f Locust Grove Ga vs Southern Railway Company FILE NO 8953 Atlanta Birmingham Atlantic Rail 9 A L Page road Company vs 253 FILE NO 8954 Nixon Grocery Company vs Charleston Western Carolina Railroad Company This was a claim for overcharge account movement of car of gravel at Augusta Ga complainants complaining that they were charged 400 trackage when the railroad company should hve collectd only 200 Upon investigation the Commission found that the charge shown on the bill was not assessed exclusively for trackage at Augusta but that 200 of said amount was collected s part of the transportation charge This car of gravel originated at Steel Creek S C and the rate on sm from sid point to Augusta for delivery Upon th tracks of the defendant company is 525 per car 20 cubic yards and when for delivery oh the tracks of other lines 725 per car to which must be added the trackage charge of 200 per carr This explanation was made to complainant and no further response received Claim for overcharge Filed August 19th 1909 FILE NO 8955 Citizens of Midville Ga 1 vs Depot facilities Central of Georgia Rwy Company Filed August 19th 1909 Georgia Florida Rwy Company Petitioners advised the Commission that th dpt of the Central of Georgia Railway at Midville was used jibtly by both the defendant companies that the Georgia Florida Railway was preparing to erect a depot for its exclusive use at a point approximately Onethird of a mile from the town and that the location of a depot at said point would cuse great inconvenience to the traveling and shipping public at Midvill and that the present dpt of the Central Of Georgia Railway ws inadquate to th reasonable demands of the interested patrons of said company Petitioners prayed that the Commission take up with the two railrod companies named in the petition the question of construction and jint use of a new depot adequate to the demands of the patrons of said company at Midvill The matter was taken up by the Commission with the railroad companis and petitioners and on October 22nd 1909 the Mayor of Midville advised th Commission on behalf f petitioners that arrangements for improved facilities had ben mad between them and th railway conipanies which ws satisfactory to all concerned ahd petitioners therefore desired to withdraw their petition The record of the Commission in said matter was therupn closed 254 FILE NO 8956 Citizens of Hall Station Ga vs Western Atlantic Railroad Depot facilities Filed August 19th 1909 Copy of the petition in this case was forwarded by the Commission to defendant company and said matter assigned for hearing The Commission instructed that Chairman Hill appoint a Committee from the Commission to visit Halls Station and make a personal inspection of the physical conditions and necessities for improvements desired Accordingly Commissioner Hillyer was appointed and he made a report to the Commission after visiting said point and recommended that if the petitioners would donate sufficient ground for the erection of depot and side track facilities desired an order be issued requiring the railroad company to submit plans and to show cause why the improvements desired should not be ordered made The Commission on March 18th 1910 issued an order directing the defendant company to submit plans of a depot building to be erected at Halls Station after plans generally of the depot of said company at Yinings Station Various merchants at stations on line of the defendant company complained of rule of said company requiring prepayment of freight charges on all shipments destined to Wadley Southern stations moving via the junction of said line with the Macon Dublin and Savannah Railroad at Rockledge Georgia Upon examination the Commission found that the Wadley Southern Railway refused to accept any shipments from the Macon Dublin Savannah Railroad unless the freight charges on same from point of origin through to destination were prepaid and on September 24th the Commission issued an order directing that all shipments then on hand at Rockledge Ga be accepted and delivered by defendant company and further that said company show cause if any it could before the Commission at its meeting to be held October 6th 1909 why the order of the Commission should not be enforced on all future shipments At said hearing the defendant company showed that the freight on hand at Rockledge at the time the Commissions order was issued had been delivered but that it should not be required to accept further shipments from the Macon Dublin Savannah Railroad because of trouble experienced in the disvision of rates with said company and the settlement of accounts and for the further reason that defendant company was authorized under the law to prefer its connections The Commission called upon its Special Attorney for his opinion upon the questions raised in this record and upon consideration FILE NO 8957 Hutchinson Furniture Company et al vs Wadley Southern Railway 255 of said opinion and the record in the case the Commission on March 11th 1910 issued the following order The Commission having heard evidence and argument of counsel in the foregoing complaint as to discrimination alleged to be practiced by the Wadley Southern Railway Company as against shippers to Adrian Georgia over the line of route of the Macon Dublin Savannah Railroad Company via Rockledge Ga and in favor of shippers over the line or route of the Central of Georgia Railway Company at Wadley Ga and it appearing that the alleged unlawful discrimination arises out of the requirement of the Wadley Southern Railway Company that shippers shall prepay charges via Rockledge before it will receive freight at that point from the Macon Dublin Savannah Railroad Company for Adrian but does not require a like prepayment of charges on freight via the Central of Georgia Railway Company at Wadley thus affording facilities to patrons of the Central of Georgia Ralway Companys line or route for the interchange of freight denied to patrons of the Macon Dublin Savannah Railroad Companys line or route and it appearing that the Macon Dublin Savannah Railroad Companys route or line via Rockledge is a competitor of the Central of Georgia Railway Companys route or line via Wadley for frehts moving to Adrian and other points on the Wadley Southern Railway Company between Rockledge and Wadley and that the rule or requirement of the Wadley Southern Railway Company complained of is intended to afford and does afford to patrons of the Central of Georgia Railway Company facilities denied to patrons of the Macon Dnblin Savannah Railroad Company a connecting line of the Wadley Southern Railway Company and a competitor of the Central of Georgia Railway Company for Adrian business which interferes with the exercise of freedom o choice in routes by shippers the Commission is of the opinion that the practice complained of is under the laws of Georgia an unlawful discrimination and such a discrimination as the Commission is required by law to forbid It is therefore ORDERED That the Wadley Southern Railway Company at once desist from the discrimination specifically complained of in this case ORDERED FURTHER That the Wadley Southern Railway Company on and after the receipt of this order afford to patrons or shippers over the line of the Macon Dublin Savannah Railroad Company via Rockledge the same facilities for the interchange of freight afforded to patrons or shippers over the line of the Central of Georgia Railway Company via Wadley BY ORDER OF THE BOARD FILE NO 8958 Citizens of Madison and Rutledge Georgia Additional passenger train service vs Filed August 20th 1909 Georgia Railroad The record in this case was consolidated with file No 8677 brief of which will be found under said number 256 PILE NO 8959 Maury Jones v Blocking street crossing at Arcadia vfc C Georgia Seaboard Air Line Railway Company j Filed August 20th 1909 Complainant complained that the train of the defendant company would oftentimes block the street crossings in the town of Arcadia Ga much to the inconvenience of the citizns of said town Matter handled by the Commission with the defendant company and full information as to the Commissions handling furnished complainant but no further response received from him FILE NO 8960 General Order No 13 Capitalization Reports Filed August 12th 1909 This file covers correspondence relating to General Order No 13 issued by the Commission on August 12th 1909 directing the Rate Expert of tte Commission to systematize and make proper record of the Capitalization reports of the various corporations subject to jurisdiction of the Commission and authorized said Rate Expert to require such companies to furnish all information needful to a compilation of the information called for by said report A copy of said General Order No 13 will be found elsewhere in this report under General Orders FILE NO 8961 J N Snelgrove vs Atlanta Birmingham Atlantic Rail Filed August 21st 1909 road Company Routing shipments This was a complaint similar to that covered by file Not 5932 and was handled by the Commission ih the same manner The opinion of the Special Attorney referred to in brief of Said file No 8932 will be found in this report under Opinions of the Special Attorney of the Commission File no 8962 j Allowance for dunnage on carload shipments of stoves J Filed August 21st 1909 Atlanta Stove Works vs Railway Companies Petitioners requested the Commission to so amend its classification as to provide for n allowance of 1000 pounds dunnage on carload shipments of stoves Copies of the petition forwarded by the Commission to the traffic 257 officials of the railway companies and upon consideration of their replies thereto and of the record in the case the Commission adopted a rule allowing for dunnage to the extent of the actual weight thereof subject to a maximum allowance of 1000 pounds Complainant complained of the rule of the defendant company requiring customers to pay 100 per month as a minimum charge for lighting whether or not the customer used current to that amount The Commission ruled that the charge complained of was not unreasonable This was a petition numerously signed by parties living in the vicinity of Sell Ga a station on the Gainesville Midland Railroad praying that the Southern Express Company be required to establish an express office at said station The investigation of the Commission into the business necessity for the desired express agency failed to establish sufficient demand therefor and petitioners were so informed but with the further statement that if they desired to pursue the matter further the Commission would assign a day for a hearing thereon but no response received The above named Railroad Company advised the Commission that its line from Ocilla to Alapaha Ga a distance of 16 miles had been completed and that it was ready to begin operations as a common carrier and desired the Commission to prescribe for it Freight and Passenger tariffs On September 3rd 1909 the Commission placed said railroad in freight class D and passenger class E FILE NO 8963 R C Lindsey vs Moultrie Electric Company Minimum monthly charge Filed August 23rd 1909 FILE NO 8964 L F Sell et al vs Southern Express Company FILE NO 8965 Ocilla Southern Railroad Co L iffs Filed August 31st 1909 Petition for freight and passenger tariffs 258 FILE NO 8966 Claim Adjustment Company vs Claims Atlanta Birmingham Atlantic Rail Filed August 24th 1909 road Company Claimants forwarded to the Commission a statement of 28 claims against the defendant company filed account loss damage and overcharge growing out of shipments from various points along defendants line of road Said claims aggregated some 14000 Each of the claims referred to was taken up by the Commission with the defendant company with request that same be promptly and properly disposed of with as little delay as possible FILE NO 8967 Authority to publish special rates Southern Railway Company j Fjed August 21st 1909 The petitioning company desired to publish special carload rate on machinery and lumber with a minimum carload of 30000 pounds and brick with a minimum of 50000 pounds from Duluth to Lawrenceville Georgia The occasion for said special rates being the removal of a manufacturing plant from Duluth to Lawrenceville which desired to locate on the S A L Rwy tracks at the latter point as the Lawrenceville Branch Railroad which junctions with the Southern Railway at Suwanee and operates from that point to Lawrenceville did not reach the point where the manufacturing concern desired to locate the railway company found it necessary to move these shipments over the Southern Railway to Athens and thence S A L Rwy to Lawrenceville and desired to apply rates via said route practically the same as if shipments moved via Suwanee and Lawrenceville Branch Railroad The authority prayed for was granted by the Commission on August 24th 1909 FILE NO 8968 Citizens of Dallas Ga vs Southern Railway Company Petitioners prayed that the Commission require the defendant company to erect a passenger shed at its depot in Dallas Ga similar to the shed at the depot at Austell Ga The railway company furnished the Commission with copy of blue print showing improvements and depot facilities at Dallas which had just been completed and contended that said facilities were adequate to the reasonable demands of the traveling and shipping public at that point No disposition yet made of this matter Passenger shed at depot Filed August 31st 1909 259 PILE NO 8969 W M Coolidge 1 Refusal to furnish gas service Savannah Gas Company j Fled 25th 1909 Complainant complained that the defendant company refused to supply him with gas service upon the ground that said company had no pipe line on the street whereon complainants home was located The Commission took the matter up with the defendant company and said company on September 2nd advised that arrangements had been made for an extension of its gas mains so as to serve complainants house and that the service would be ready within a few days from that time Complainant so advised and no further response received from him FILE NO 8970 Citizens of Mableton Gave Southern Railway Company This was a petition numerously signed by citizens of Mableton and vicinity praying that the defendant company be required to place an OperatorAgent at Mableton Georgia The matter handled with the defendant company and said company contended that there was no necessity for the maintainence of a telegraph office at that point so far as the operation of its trains and the proper conduct of the railway business at said point was concerned and declined to comply with petitioners request The Commission advised petitioners that their petition failed to show specifically whether or not it was commercial telegraph service that was desired or whether by reason of the railway company not having an operator at Mableton the traveling and shipping public at that point were inconvenienced for want of sufficient accomodation which the railroad company should furnish and requested petitioners to advise it in the premises but no further response received FILE NO 8971 T S Rauerson j vs Depot facilities at Hortense Ga Atlanta Birmingham Atlantic Rail Filed August 25th 1909 road Company This Was a petition for erection of depot building at Hortense Georgia The Commission on October 13th advised petitioner that investigation of the matter had failed to show sufficient demands for the improvements de Petition for agentoperator Filed August 25th 1909 260 sired to authorize it in requiring the railroad company to make the expenditures necessary for the provision of said facilities but that if it was desired that the matter be assigned for a hearing a date would be fixed for that purpose and all parties advised but no further response received This was a petition for amending the storage rules of the Commission whereby shippers or receivers of freight would be allowed additional free time for loading and unloading freight where Saturdays were a part of the free time the contention of petitioners being that the freight offices of the railroad companies and many of the business houses in the city of Atlanta and at many other points in the State closed for business at 1200 noon on Saturday and hence an additional one half day should be allowed to the 48 hours free time as already provided The Commission forwarded copy of the petition to the Manager of the Southeastern Demurrage Bureau who represents the railway companies in southeastern territory in matters relating to demurrage requesting that full response be made to said petition It was contended upon the part of the railway companies that while as stated by petitioners the freight depots were closed at noon on Saturdays during the summer months the railroad yards were not closed nor were shippers or receivers of freight prevented or hindered in loading or unloading cars by reason of said early closing of freight offices on Saturday and the railway companies opposed any change in the rules as desired by petitioners The Commission thereupon assigned said matter for hearing and notified all parties interested On November 1st 1909 petitioners requested that the hearing be postponed until such time In the future as they might indicate their desire for said hearing The Commission advised petitioners that their request for a postponement had been granted and that the case would be reassigned for hearing at any time upon their further request but no further response received The record in this matter covers the sale of the telephone property of the Monticello Telephone Company in Monticello Ga to the Southern Bell Telephone and Telegraph Company showing the terms and conditions of said sale FILE NO 8972 E G Willingham Sons vs Railway Companies FILE NO 8973 Monticello Telephone Company Monticello Georgia Sale of telephone property to the Southern Bell Telephone and Tele graph Company Filed August 27th 1909 261 FILE NO 8974 Packing LCL shipments of brick and sewer pipe Filed August 12th 1909 The record in this case covers order issued by the Commission known as General Order No 12 and correspondence had with various railway companies and shippers in the State relative thereto Oral complaint was made to the Commission that some of the railroad companies in Georgia refused to accept less than carload shipments of brick sewer pipe and like commodities unless same were packed The Commission was of the opinion that the regulation of the railway companies complained of was unreasonable and on August 12th 1909 issued General Order No 12 directing all railroad companies operating in Georgia to accept all shipments of brick sewer pipe and like articles not specifically required to he packed by the Classification of the Commission the transportation of which can reasonably be performed without same being packed or crated which may be offered for shipment between points in this State without requiring the boxing or crating of same or that each article composing said shipments be marked provided that some of the articles shall be marked or such other instructions given the carrier as will afford necessary information for the transportation and delivery thereof Said General Order is printed in full in this report proper reference to which can be had in the report under the heading General Orders FILE NO 8975 Builders Supply Co vs Central of Georgia Railway Company Claim for penalty demurrage Filed August 28th 1909 This was a claim for penalty demurrage amount 1100 due to delay in transportation of a car of lumber from Roseland Ga to Greenville Ga Claim taken up with the defendant company and said company showed by its car movement record that the delay complained of did not occur while car was in Its possession The Commission then took the matter up with the Manager of the Southeastern Demurrage Bureau with request that same be handled to as prompt conclusion as possible with the Southern Railway Company and said Bureau advised the Commission that investigation was under way and that definite conclusion would be be reached at an early date 212 FILE NO 8976 Claim Adjustment Company vs Atlanta Birmingham Atlantic Railroad Company Claims Filed August 28th 1909 Claimants furnished the Commission with a statement of seven claims which they held against defendant company for overcharges and damage aggregating 10000 and complained of their inability to secure any replies from said company to their communications concerning same The Commission referred the claims to the railroad company with request that full and prompt response be given claimants to their inquiries No further complaint received with refer ence to said claims FILE NO 8977 W I Cooper I Transfer between depots in Macon Central of Georgia Railway Company FMed AuSut 30th 1M9 Complainant purchased a ticket of defendant company at Rocky Ford Ga for passage from that point to Indian Springs Ga to which ticket was attached a coupon entitling the holder to transfer from defendant companys depot at Macon to that of the Southern Railway Complainant alleged that upon arrival at Macon no bus or other conveyance for transfer was provided and he was required to engage the services of a private hack or some other conveyance and hence did not use his transfer coupon The matter was taken up by the Commission with the railroad company and while said company contended that its investigation failed to substantiate the complaint as to no conveyance meeting the train at Macon to transfer passengers holding transfer coupons there had been an overcharge collected in fare paid by complainant amounting to 70 cents which amount the railroad company refunded to complainant and no further complaint received FILE NO 8978 v Schwarzschild Sulzberger Co vs Claim for damage Charleston Western Carolina Rail Filed August 30th 1909 way Company The record in this case covers complaint of the inability of complainants to collect two claims against the defendant company filed account damage to two shipments of meat from Augusta Ga to Lowndsville S C damage occurring by reason of delayed transportation amount of claims being 18061 Matter was referred to the Special Attorney of the Commission for his opinion thereon and be advised that the Commission had no power to decide the controversy that the Commission only had the power to make rules relative to the payment of claims by railway companies and as it had promulgated a rule upon this point if the railway companies refused to comply with the terms of said rule then it was a matter purely for the courts Copy of the Special Attorneys opinion furnished the complainants and no further response received Complainant requested information as to the proper procedure in the matter of complaint of various citizens interested in the blocking of streets at night where the tracks of defendant company crossed Pryor street in the city of Atlanta The commission furnished complainant with name of the proper official of the railway company with whom the matter should be taken up and advised him that if he was unable to secure satisfactory disposition of complaint by handling same in this manner the Commission would be glad to assist in any way it could although the matter complained of was not one the regulation of which came within its jurisdiction No further complaint received The Atlanta Freight Bureau petitioned the Commission to take up with the lines of railway in Georgia operating a rule governing the reweighing of interstate shipments which requires a variation from billed weight ascertained by reweighing equal to 1000 pounds or more before correction in wreight and charges will be made and endeavor to secure the operation of a rule on interstate shipments the same as the rule of this Commission applying on Georgia shipments under which a variation in weights of 500 pounds only authorized correction in weight and freight charges The Commission took the matter up with the lines of railway operating the rule which was desired changed and assigned the matter for hearing Prior to the time fixed for hearing however the railway companies at interest advised the Commission that they had decided to amend their rule in question so that the provisions of the same would conform to the requirements of this Commission governing the reweighing of intrastate shipments Petitioners were so advised and the record of the Commission in said matter closed FILE NO 8979 Charles Kimball vs Southern Railway Company FILE NO 8980 Atlanta Freight Bureau vs Railway Companies 264 FILE NO 8981 Claim Adjustment Company vs Atlanta Birmingham Atlantic Rail Claims for overcharge Filed August 30th 1909 road Company Petitioners requested information as to where the station called Holts Georgia was located and as to the correct rate on cross ties from said station to Brunswick Georgia The Commission advised that the station referred to was situated 6 miles east of Ocilla on the abandoned line of the A B A R R Complainant complained that express rates on green fruit from Valdosta Ga to Savannah had been increased and that wifereas theretofore he had enjoyed a through rate from Valdosta to New York of 122 per hundred pounds said rates had been increased to 224 per hundred pounds The Commission advised complainant that no change had been made in the rates applying from Valdosta to Savannah and that if he would furnish it with any papers showing that higher rates than those prescribed by the Commission had been charged on such movements such action would be taken as would cause refund of any overcharge collected and as would prevent a recurrence thereof but no further response received The Commission further advised complainant that the through ValdostaNew York rate was beyond its jurisdiction and as the same had been regularly filed with the Interstate Commerce Commission the only tribunal having jurisdiction over interstate rates said rate was the lawful rate and would have to be observed unless ordered changed by the Interstate Commerce Commission Complainant was further advised that the Commission would assist him in further prosecuting this matter if that was his desire but nothing else received from him This claim was filed account alleged overcharge on shipment of lumber from Tifton Ga to Odessadale Ga claimants basing their claim upon alleged execs between Ocilla and Bughnell and furnished them with the rate information desired FILE NO 8982 C F Staten vs Southern Express Company FILE NO 8983 Killian Lumber Company vs Atlantic Coast Line Railroad 265 sive weight used by the railway company in assessing freight charges The Commission took the claim up with the railway company under the terms of Freight Rule No 6 of the Commission and said company complied with the provisions of said rule The Commission thereupon advised claimants that it could not approve their claim road Company Claimants forwarded to the Commission statement of nine claims aggregating some 13000 more or less filed against defendant company account overcharges and loss and requested the Commission to call attention of the railway company to said claims with a view to assisting them in securing proper disposition of same The railway company was requested by the Commission to give immediate investigation to these claims and have same disposed of as soon as possible Complainant secured a transfer from the conductor of the College Park car enroute to Atlanta and boarded a Stewart Avenue car bound for the city at the intersection of the College Park and Stewavt Avenue lines and presented his transfer to the conductor of the Stewart Avenue car who refused to accept same upon the ground that his car only went two blocks further than the terminus of the College Park car Complainant contended that there was nothing printed on the transfer showing that it would not be honored on the Stewart Avenue car The matter was handled by the Commission with defendant company and said company advised that the transfer should have been accepted and that refund of the fare would be made upon demand of the complainant The Commission so advised complainant with request that he furnish it with any further cause of complaint along this line if any but no further complaint received FILE NO 8984 Claim Adjustment Company vs Atlanta Birmingham Atlantic Rail Claims Filed September 1st 1909 FILE NO 8985 Theo Martin vs Georgia Railway Electric Company Filed September 1st 1909 conductor to accept trans 266 FILE NO 8986 E C Cole Co vs Southern Railway Company Georgia Filed September 2nd 1909 Lack of scales in depot at Surrency Tlxis matter was taken up by the Commission with the defendant company and said company replied that the scales which had been in its depot at Surrency were undergoing repairs and that same would be returned within a few days Complainants so advised and requested to inform the Commission if scales were not returned within a reasonable time and shortly thereafter the Commission was advised that the scales had not been returned and the matter was again taken up with the railway company and said company advised that a new pair of scales had been ordered and would be forwarded to Surrency at once Complainants so advised and no further complaint received Georgia Railway Electric Company Complainant boarded a Courtland St car at the comer of Courtland and Baker streets and upon the payment of her fare requested the Conductor to issue her a transfer which she desired to use on the Houston St line Upon arrival of the Courtland St car at the Piedmont Hotel the Conductor of said car informed complainant that her point of transfer was back at the junction of Houston and Courtland streets Complainant desired to continue down town to the junction of Broad and Marietta streets as cars at this point going in the direction of her destination are more frequent The rule of the railway company requires the transfer to be made at the first intersection of line from which passenger desires to transfer with the line onto which passenger desires to change The Commission assigned the matter for hearing and notified all parties at interest After due hearing and upon consideration of the evidence submitted and of the record in said case the Commission was of the opinion that the rule of the railway company was reasonable and complainant so advised Central of Georgia Railway Company J September 4th 1909 This claim was filed account alleged overcharge due to excessive weight on carload shipment of salt from Akron O to Covington Georgia The railroad FILE NO 8987 Mrs G T Halley vs FILE NO 8988 Kelley Brothers Co vs Claim for overcharge 267 company contended that tlhe car was scaled and weighed 41300 lbs shippers contended that the shipment consisted of 400 sacks of salt which weighed 100 pounds each and that each sack was scaled on platform scales consignee stating that they received only 40000 pounds The commission suggested to claimants that an affidavit be secured from shippers to the effect that each sack was scaled before loading and that the actual weight thus ascertained was as contended for by them and advised them while the matter was beyond the jurisdiction of this Commission if they should experience any trouble in securing satisfactory disposition of claim the Commission would assist them in whatever way it could but no further response received Complainants complained that the rates on stone from Stone Mountain to points in the west were 11 cents per ton lower than the rates from Lithonia while rates to the east were the same from both points Complainants contended that the rates should either be the same in both directions or that if Stone Mountain should have lower rates to points west Lithonia should have a relative advantage in rates to points east Copy of the complaint forwarded by the Commission to defendant company and said matter set down for hearing all parties being advised Prior to the hearing however complainants requested the Commission to postpone said hearing until further advised by them as negotiations were pending between them and the railroad company looking to a satisfactory disposition of the complaint The request of complainants was granted by the Commission and no further complaint received Complainant complained that the defendant company had increased passenger fare between Macon and Danville Ga from 93 cents to 96 cents Upon investigation the Commission found that the actual distance between said points was 32 miles and as the defendant company was authorized to charge 3 cents Per mile passenger fare the 96 cents charge was correct While for some time the fare between these points had been based on a distance of 31 miles a resurvey of the line showed the actual distance to be 32 miles and said actual FILE NO 8989 Davidson Granite Co et al vs Georgia Railroad FILE NO 8990 H L D Hughes Correct distance between Macon and vs Danville Georgia Filed September 7th 1909 Macon Dublin Savannah Railroad Company 268 distance together with rates based thereon were properly published before same became effective Complainant so advised and no further complaint received FILE NO 8991 J W Woodall I Lack of drinking water in depot at vs l Griffin Georgia Central of Georgia Railway Company J Filed September 7th 1909 Complainant complained of the failure of the defendant company to provide drinking water in its depot at Griffin Ga Matter handled with the railway company and said company advised that its investigation sustained the complaint and that such instructions had been given its agent at Griffin as would prevent a recurrence of similar complaint in future Complainant so advised and requested to advise the Commission of any further complaint along this or any other line relating to service furnished by railroad companies that might come to his attention but no further complaint received FILE NO 8992 Claim Adjustment Company vs Claims for overcharge Atlanta Birmingham Atlantic Rail Filed September 8th 1909 road Company y This claim was filed account overcharge on several cars of cross ties moving from Bolen Ga a local station on the defendants line claims aggregating 5352 The Commission referred the claims to the Claim Agent of the defendant company with request that same he promptly disposed of FILE NO 8993 Request for approval by the CommisTravis Safety Ticket L sion J Filed September 8th 1909 The record in this case covers correspondence with railway companies and others interested in the Travis Safety Ticket a patented passenger coupon ticket devised to safeguard the passenger revenues of railway companies A proper operation of this ticket under the rules governing its use as contemplated by its inventor necessitated the approval of the Commission of the use of said ticket by the railway companies in Georgia as passengers were required under the conditions of said ticket to hold receipt given hi I 269 by conductor until the end of the journey The matter was considered informally by the Commission from time to time and the Special Attorney was requested to furnish it with his opinion as to the authority of the Commission to adopt such a rule as would require passengers to comply with the conditions of said ticket After considerable correspondence the Commission advised parties interested in said ticket that no order could be issued in the premises without a formal petition being filed and hearing had thereon but no further response was received from said interested parties This was a complaint that the defendant railway company failed to provide suitable depot facilities at Jackson Georgia and the Commission was requested to require such facilities furnished The Commission appointed a Committee of its members to visit Jackson and make a personal inspection of the conditions complained of Said Committee made the inspection and reported that the depot accommodations at that point were insufficient and recommended that the railway company be required to submit blue prints of plans of improvements which the Committee deemed necessary and as specified in its report Copy of the Committees report was furnished the defendant railway company and petitioners and said company forwarded to the Commission blue prints of a proposed new depot to be erected and also proposed new cotton platform and new arrangement of tracks The matter is still being handled by the Commission with all parties at interest with a view of securing suitable accommodations satisfactory to the petitioners and such as should reasonably be required furnished by the railway company This was a request for information as to the rights of shippers under the terms and conditions of contract which the Atlantic Coast Line Railroad required to be signed as a condition incident to the provision of private side track facilities Petitioners had signed a contract with defendant company of the kind stated and desired information as to whether or not a railroad company could require a compliance with the terms thereof or whether this Commission would require the desired facilities furnished without petitioners having to FILE NO 8994 Citizens of Jackson Ga vs Southern Railway Company FILE NO 8995 Farrar Lumber Company vs Atlantic Coast Line R R Co 270 carry out the obligations put upon them by the terms of the contract referred to The Commission on November 4th 1909 advised petitioners as follows Replying to your favor of the 5th an earlier response being delayed by reason of several almost unavoidable things I beg to advise that as stated in ouy letter of November 4th to you we do not undertake to pass upon the reasonsableness either as relates to the law or facts of the contract which you signed with the Atlantic Coast Line for the reason as also stated that before this could be done it would be necessary for the Commission to make a thorough investigation of all the facts in the case We thought that the statement to the effect that if the signing of the contract affected only the interests of yourself in connection with your relation with the railway company would bind you and make conditions which could not be set aside by this Commission or any one else sufficiently answer your inquiry as to the question generally concerning the Constitutionality of certain clauses of the contract Of course you understand that an individual can waive his rights if in so doing as stated before his action affects only his individual interests I trust that this Information sufficiently answers your inquiry but if there is anything further in reference to this or any other matter about which we can be of service to you you have but to let us know that fact This was a claim for overcharge on a shipment of household goods from Midway Fla to Sale City Georgia Upon investigation the Commission found that the shipment was tendered to initial line without routing instructions and same was forwarded by the Seaboard Air Line Railway to Monticello thence Atlantic Coast Line Railroad to Albany Georgia and thence Georgia Northern and Flint River Northeastern Railway to destination at Sale City Georgia The lawful rate applying via said route was 234 per hundred pounds whereas had shipment been turned over to the Flint River and Northeastern Railroad at Pelham the rate would have been 175 per hundred pound The Commission referred claim to the railroad company with request that same be paid upon the ground that shipment was misrouted and after some correspondence said company on November 13th forwarded to the Commission New York check for 2196 payable to claimant in full for the amount of the overcharge which check was promptly forwarded by the Commission to claimant and no further complaint received FILE NO 8996 O Howell vs Atlantic Coast Line Railroad 271 FILE NO 8997 J T Dennis vs Southern Express Company Return of milk empties Filed September 10th 1909 This was a complaint of delays in the return of milk empties by the defendant company and also as to return charge The Commission advised complainant that the express companies operating in Georgia were required to return free of charge all milk empties when same moved under the Special Milk Tariff for depot delivery only but when moving under Tariff E rates requiring wagon delivery service at destination the return of empties are charged for at Tariff B rates As to the alleged delay in returning empties this matter was taken up with the defendant company and said company advised that such directions would be given in the matter as would prevent any further just cause for complaint and no further complaint has been received Petitioners desired Manor Ga established as a flag stop for defendants passenger trains Nos 57 and 58 Upon handling the matter with the defendant company said company contended that the trains which petitioners desired to stop when flagged were fast through trains running solid from Montgomery Ala to Jacksonville Fla carrying 10 cars to the train and to stop said trains at local stations would render it impossible to maintain schedules and make important connections The Commission advised petitioners of the result of its investigation and informed them that a date would he fixed for a hearing on their petition if that was desired hut no further response was received from them This was a petition for depot at St Clair Ga Copy of petition forwarded Provided as soon as practicable but requested that this matter be held up until FILE NO 8998 Manor Trading Company vs Atlantic Coast Line Railroad accorrono FILE NO 8999 by the Commission to the defendant company and said company admitted the necessity of depot facilities at that point and advised that same would be 272 its line from Augusta to Swainsboro Ga was definitely located Petitioners agreed to a continuance and on February 16th 1910 again called the attention of the Commission to the matter and same is now being handled with a view of providing suitable accommodations Georgia Railway Electric Company ber 13th 1909 metre and connect its wires with their place of business unless they deposited flOOO to insure the payment of bills for electric current The Company contended that while there was nothing to indicate the insolvency of complainants or that they would not pay their bills that they were not known to the company and so far as the company could ascertain were not generally known to be of such financial responsibility as to entitle them to demand credit extended them and hence the company had applied its general rule governing such cases which required a deposit of 1000 in cash the company giving a receipt and paying the holder 6 per cent interest per annum and which deposit is returned to depositor at the end of his contract The Commission after due consideration was of the opinion that the rule in this case was not unreasonable and complainants so advised Complainants advised the Commission that the defendant company in 1903 issued a circular publishing the distance between Brunswick and Waycross Ga as 57 miles and that in 1905 a supplement was issued to said circular showing this distance to be 58 miles in consequence of which freight charges between said points were increased from basis of 55mile rate group to the 60miln group The Commission advised complainants that under its rules if the distances between the said stations was greater than 575 miles although less than 58 miles the same should be shown as 58 miles but as the distance tables published in the annual report of the commission only showed distances in even miles it would be necessary to take this matter up with the railroad company for the purpose of ascertaining the actual distance in miles and fractions thereof The Commission further advised complainants that in its future reports the distance between stations would be shown in miles and fractions so that the actual distances could be determined between any stations FILE NO 9000 Hooten Moore vs to insure payment of Complainants complained that the defendant company refused to install a FILE NO 9001 Claim Adjustment Company vs Atlantic Coast Line Railroad 273 FILE NO 9002 Central of Georgia Railway Company vs Killian Lumber Company Claim for undercharge Filed September 13th 1909 Killian Lumber Company forwarded to the Commission papers covering claim for 634 filed against them by the Central of Georgia Railway Company account undercharge on shipments of lumber shipped from Damascus Ga to Thomaston Ga and requested ruling of the Commission as to the validity of said claim Upon examination of the papers the Commission found that shipment was routed via G F A Rwy to Arlington thence Central of Georgia Railway to Macon and thence Macon Birmingham Railroad to destination The Commission advised the Killian Lumber Company that where shipments were tendered railroad companies with routing instructions the rate applying via the specified route must be applied notwithstanding a lower rate obtained between the same points via another route In this case the continuous mileage of the Central of Georgia Railway from Arlington to destination figured a rate of 2250 per car of 24000 pounds whereas combination of the Central of Georgia Railways local from Arlington to Macon and the local of the Macon Birmingham Railroad Macon to destination figured a rate of 2880 per car Consignees desired M B Rwy delivery and hence routing was specified accordingly The Commission advised the Killian Lumber Company that 492 undercharge was collected instead of 634 as claimed by the railroad company and nothing further received upon the subject This claim grew out of shipment by claimants from Savannah to Donald Ga of two dozen weeding hoes checking short from said shipment claimants filed claim for 1000 the value of said hoes Matter handled by the Commission the railroad company and on September 21st claimants advised claim had been paid thet t0 Millgan Fla amount of claim betas 1000 The Commission took ont o a ter Up witl1 the defendant company and requested that same be closed as son as possible FILE NO 9003 FlynnHarrisBullard Co vs Atlantic Coast Line Railroad FILE NO 9004 W A Mitchum Atlanta Birmingham Atlantic Rail Claim for lost shipment ota Birmingham Atlantic Rail j Filed September 15th 1909 road Company road Company va rp j claim was died account loss two sacks of seed oats shipped from Byrom t to Mlillfiran Fla ammint nf loim m a nn m n 274 FILE NO 9005 A S Anderson et al vs Georgia Railroad Prepayment of freight charges Filed September 15th 1909 Various shippers along the line of the defendant company complained to the Commission that the Georgia Railroad refused to accept shipments from the Central of Georgia Railway at Augusta Ga unless freight charges thereon were prepaid The Commission took the matter up with the railroad company and said company advised that it had not refused nor would it refuse to accept from the Central of Georgia Railway shipments of freight originating within the State of Georgia destined to points on its line whether charges were billed collect or prepaid but that circular No 2462 issued by said company in 1906 required prepayment of charges on all shipments originating at points outside of the State of Georgia Said company advised that this action upon its part was due to a similar rule maintained against it by the Central of Georgia Railway The Commisison advised complainants that so far as relates to matters over which it had jurisdiction there was no occasion to complain and as the rule complained of covering interstate shipments had been filed with the Interstate Commerce Commission which tribunal alone had jurisdiction in the premises same could not be changed except by that Commission No further complaint Petitioners desired the Commission to amend its storage rules so that railroad companies would be required to start the transportation of shipments at 700 AM on the day after same were tendered for shipment and fixing a penalty for failure to comply with said amended rule After considerable correspondence between the Commission and petitioners and the railway companies and upon consideration of the matters involved the Commission was of the opinion tha its demurrage rule fixing the time within which shipments shall be received transported and delivered which also fixes a penalty for failure of compliance therewith sufficiently covered the ground and the petitioners were so advise fendant company on car of coal and requested information as to the charg that were lawfully due The Commission advised complainant that the received FILE NO 9006 Standard Brick Company vs Railway Companies FILE NO 9007 J A Earle Louisville Nashville Rai luluV I 11 v Complainant complained of demurrage charges assessed against him by vs Jashville Railroad 275 nation contained in his letter was not sufficient to enable it to give him any definite opinion and requested him to furnish it with the billlading and freight and demurrage bills in order that a definite ruling could be given but no further response received FILE NO 9008 Southern Credit Collection Assocla Claim for overcharge vs Filed September 16th 1909 Central of Georgia Railway Company This claim was filed account overcharge due to excessive weight on shipment of cotton from Leesburg to Macon Ga amount of claim being 2320 Matter tafcoi up by the Commission with the defendant railway company and claimants on September 23rd advised claim had been paid FILE NO 9009 1 Discontinuing agency at Hollywood Tallulah Falls Railway Co L Georgia J Filed Sepetmber 20th 1909 This was a petition of above named railway company for authority to disconnue a station maintained at Hollywood Ga and to establish said point as a Prepay station upon the ground that the receipts at said station did not warrant us maintenance Copy of the petition was forwarded by the Commission to the Postmaster at Hollywood Ga with request that same be submitted to interested Pa es and that they advise the Commission of any objections with reasons nereior that might be entertained to a favorable consideration of petitioners request and a protest numerously signed by the citizens of Hollywood and viu y was promptly filed with the Commission The petitioning company was vised that its petition could not be granted unless after a hearing the facts aisciosed should seem to justify that being done and that if a hearing was de3 at would be fixed for thEt purpose but no further response received FILE NO 9010 Charles G Edwards vs I Request for investigation nnan Altamaha Ogeechee Ca Riled September 20th 1909 nal Company failupS 7aS a request that the Commission investigate the cause of defendants Com 7 Perate Its canal from the Ogeechee to the Savannah River The mission referred said matter to its Special Attorney with request that he 276 furnish it with his opinion as to the jurisdiction of the Commission over said canal company The Special Attorney advised the Commission that it had no jurisdiction over this company and could not require it to render the service to the public for which it was Chartered Copy of the Special Attorneys opinion referred to will be found in this report under OPINIONS OF THE SPECIAL ATTORNEY Copy of said opinion was furnished Mr Edwards and no further response received FILE NO 9011 C Horace McCall Co Complainants complained of practices of compress companies in using spliced or riveted ties on compressed cotton alleging that such ties oftentimes came loose where riveted exposing the cotton and presenting an unsightly bale and requested the Commission to call upon the compress companies to show cause why an order should not be issued forbidding the use of such ties Copy of petition furnished the various compress companies railroad companies and others interested in said matter and said petition set down for hearing It was contended at the hearing by the compress companies that rivited ties were fully as strong as ties not riveted and that ties came loose at the points where spliced less frequently than at other places The Commission called upon its Special Attorney for his opinion in the premises and said Special Attorney advised that to require compress companies to furnish any particular kind of tie would be the exercise of a doubtful power and one that if exercised at all should only be exercised in a flagrant case of wrong doing along this line The Commission so advised petitioners furnishing them with a copy of the opinion which will be found in full in this report under the heading OPINIONS OF THE SP CIAL ATTORNEY ton to Covington Ga claimants contending that charges should have be assessed on basis of continuous mileage of the Central of Georgia Railway from point of shipment to destination Upon examination of the claim paper3 vs Railway Companies FILE NO 9012 Claim for overcharge Filed September 18th 1909 This was a claim for alleged overcharge on shipment of lumber from Arllaf the Commission found that the billlading covering said shipment was issued by the G F A Ry and same moved via that line to Cuthbert and thence 277 fie Central of Georgia Railway to destination It appeared that the shipper purposedly tendered the shipment to the G F A Ry as he had the privilege of tendering same to the Central of Georgia Railway Company both of said lines entering Arlington and the Central of Georgia Railway having continuous mileage from Arlington to Covington Ga The Commission ruled that as the shipment had apparently been purposedly tendered to the G F A Rwy said line was entitled to its local less 10 per cent on which basis freight charges were collected and that accordingly there was no overcharge Central of Georgia Railway Company f Filed September 18th 190o Atlantic Coast Line Railroad J Complainant complained of the frequent failure of the defendant companies to make connections at Albany Ga and that in consequence shipments of perishable freight made by him through Albany where such connection was desired were oftentimes delayed and thereby damaged The Commission handled th matter with the defendant companies and said companies advised that such instructions had been given as would prevent as far as possible future delays of 6 complained of and that every effort would be made to have the train connections made Complainant so advised and no further complaint received Central of Georgia Railway Company 0th 1909 Tidt 0 a petition numerously signed by the citizens of Wayside Ga and that J the defendant company be required to erect a depot building at point Copy of the petition furnished by the Commission to the railway said company contended that the receipts at Wayside Ga did not adviL XPenditures necessary t0 the erection of a depot The Commission ises it Petltioners that before any definite order could be made in the premia wouinTfl11 necessary bave a hearing and that if a hearing was desired fix a day for that purpose but no further response received from them FILE NO 9013 G D Collins vs FILE NO 9014 Citizens of Wayside Ga vs I 278 FILE NO 9015 Petition for approval of stock and Gainesville Railway Power Co bond issue Filed September 20th 1909 The petitioning company desired the approval of the Commission of an issue of common capital stock in the amount of 150000 and a like amount of 6 per cent Mortgage Bonds After due hearing and such investigation as the Commission deemed necessary the authority prayed for was granted on December 9th 1909 Complainant complained that he was charged 680 for passenger ticket from Macon Ga to Camden S C via Savannah while returning he was charged 720 via the same route Upon investigation the Commission found that the correct rate was 680 and advised complainant that if he would furnish it with a detailed statement as to the company from which he purchased ticket and where he purchased same the Commission would take up with the railroad companies at interest the matter of refunding the overcharge but no further response received Macon Dublin Savannan Railroad j pied September 21st 1909 The depot of the above named company at Montrose Ga having been destroyed by fire said company forwarded to the Commission blue print of plans of a dieipot to be erected at that point to take the place of the one destroyed in order that the Commission might understand the character of the building and station facilities which it contemplated providing Upon examination of the plans the Commission found that the same contemplated a more commodious and adequate depot building in every respect than the one destroyed and therefore authorized its erection FILE NO 9016 J H Hinson vs Railway Companies FILE NO 9017 Depot building at Montrose Ga 279 FILE NO 9018 Daniel Mayer Claim for overcharge Filed September 21st 1909 vs Seaboard Air Line Railway This claim was filed account shipment of scrap iron from Albany Ga to Columbus Ga amount of claim being 959 Upon examination of the daim papers the Commission found that the amount of overcharge claimed was correct and so advised the railway company and said company replied that instructions had been given for the settlement of the claim This information communicated by the Commission to claimant and no further complaint received Complainant complained of express charges on shipment of poultry which he purchased for the purpose of turning same loose in his yard contending that no higher rate should apply on such poultry than applied on poultry for market and further that the application of different rates on poultry for market than applied on fancy poultry or on poultry purchased for the purpose of turning same loose in the yard was an unjust discrimination in favor of the merchants The Commission on October 11th wrote complainant as follows Replying to yours of the 4th with further reference to express rates on chickens I can not agree with you that under the classification there is any discrimination in favor of a merchant as against a citizen in the matter of express rates on chickens The express classification provides that poultry other than for market shall take Double A and poultry for market shall take Tariff A If there is any discrimination at all it is between the chickens If a merchant buys chickens other than for market he pays the same rates as a citizen who buys such poultry if the citizen buys poultry other than for iparket he pays the same rates that the merchant would pay on the same poultry Poultry for market is intended to cover poultry for table use and the difference in express rates on the two classes of poultry is similar to distinction made generally on commodities although of one character yet of different valuations As for instance the rates on cotton seed valuable for planting is higher than on cotton seed common or for manufacturing purposes So as above stated there is no discrimination between merchants and other citizens of the state because both pay the same charges on the same class of poultry Of course if you think the regulations are unreasonable in any respect the Commission will be glad to give consideration to any complaint or petition which you might see fit to file FILE NO 9019 J M Walker vs Southern Express Company 280 Millstead Railroad Company FILE NO 9020 Petition for freight tariffs V Filed September 21st 1909 Upon consideration of the record in this case the Commission on December 24th 1909 authorized Freght Class D rates for the above named company The record in this case covers petition of the several railway lines entering Atlanta that the Commission approve Joint Atlanta Tariff No 1 This matter referred to the Rate Expert for investigation with request to report theron and upon consideration of said report the Commission on September 23rd 1909 issued the following order Whereas the several lines converging in Atlanta have petitioned the Commission to approve a Joint Freight Tariff proposed to be published and observed by all of said lines and Whereas the Commission has not had full opportunity to make a check of the entire tariff and Whereas it appears that the promulgation of this rate issue is greatly desired by the business public of Atlanta it is ORDERED That the several railway companies parties to said tariff are hereby authorized to formally promulgate same provided that the Commission reserves the right to order restored instanter any rate which is increased in said tariff upon complaint being made PROVIDED FURTHER that if upon consideration of any complaint of any increase carried in said tariff and after due hearing the Commission should order the old rate restored an order will likewise issue requiring refund of all freight charges collected based on said increased rate in excess of what charges would have been had the rate now in effect been applied charged him different rates on the same character of articles between the same points and requested information as to the correct charge The Commission furnished complainant with the desired information and instructed defendant company to see to it that proper charges were assessed on complainants shipments in the future FILE NO 9021 Atlanta Tariff Request for approval Filed September 21st 1909 FILE NO 9022 J H Pharr va Request for information Southern Express Company Filed September 22nd 1909 Complainant complained that the defendant company from time to time 281 FILE NO 9023 Savannah Board of Trade vs Railway Companies Estimated weights on turpentine in barrels Filed September 22nd 1909 Complainants complained that the several railway lines entering Savannah had increased the estimated weight on turpentine in barrels from 420 pounds to 440 pounds per barrel Upon investigation of this complaint it appeared that the same was well founded and that the increases which resulted in increasing rates on turpentine in Georgia had been made without the authority of the Commission first being secured The Commission thereupon ordered the railway companies at interest to republish the estimated weight of 420 pounds and that if an increase was desired because of larger barrels being used formal application should be made to the Commission for authority to that end The railway companies filed such a petition and same was set down for hearing all parties at interest being duly notified At said hearing the representatives of the railway companies and shippers present disagreed as to the actual weights of turpentine in barrels as at present used and the Commission suggested that the traffic officials of the railway lines and the shippers interested make tests for the purpose of determining the actual weights and the establishing of such estimated weights as would approach as nearly as possible the actual weights iSuch tests were made and the Commission advised that an estimated weight of 432 pounds had been agreed upon and on December 23Td 1909 the Commission approved said estimate to be observed on all intrastate shipments Mr Boone requested information as to the authority of the defendant company to assess switching charges at compress points on shipments of cotton moving on through billslading Upon investigation the Commission found that the occasion of this inquiry was a shipment made from Doerun to Savannah Ga which was tendered to the railway company with instructions that the cotton be compressed at Albany The Commission advised Mr Boone that where shippers delivered cotton to railway companies on through billslading between points in Georgia no charges against said shipment were authorized in excess of the published through rate for transportation from point of origin to destination but that where instructions were given as to routing compression or otherwise shippers were required to pay charges applicable via the route specified and also the rates published to cover other service required to be performed by instructions of the shippers In this case the tariffs of the Georgia Northern Railway the initial carrier specifically pro FILE NO 9024 B F Boon vs Georgia Northern Railway 282 vides that where cotton is ordered compressed by shippers at a given compress shippers shall pay all charges incident to switching cars to and from compresses and other charges incident to the service specified Full information given to Mr Boon and no further complaint Complainants complained of delay of defendant company in discharging consignments of naval stores arriving at Savannah claiming that delay was occasioned by defendants station hands being used in handling cotton to the neglect of naval stores consignments Matter handled with the defendant company and copy of said companys response furnished complainants with request that if they had further cause for complaint they advise the Commission but no further response received Claimant filed claim for 700 penalty demurrage account delay in transportation of a car of sewer pipe from Macon to Dublin Georgia In answer to a notice of said complaint served upon it by the Commission the defendant company contended that the delay was occasioned by car being in bad order and having to be repaired at Macon and that therefore it was not liable on said claim The Commission advised claimant of the position of the railroad company and informed him that since the Commission had exhausted its efforts in an informal way towards securing settlement of his claim and since it had no authority to order claims paid his only recourse was a suit in the courts Complainant complained that the express rates from Atlanta to Chipley Ga and other stations on the line of the Central of Georgia Railway Company between Newnan and Columbus were unreasonable upon investigation the Commission found that the defendant company was assessing charges on ship FILE NO 9025 FlynnHarrisBullard Co vs Seaboard Air Line Railway FILE NO 9026 Lt A Illing 1 Claim for penalty demurrage Filed September 28th 1909 vs Macon Dublin Savannah R R J FILE NO 9026A J D Wood vs Southern Express Company 283 ments moving from Atlanta to points on the line above named the same as if such shipments passed over two separate railroads whereas the Central of Georgia Railway under trackage rights with the Atlanta and West Point Railroad operated through trains from Atlanta to Columbus The Commission advised the defendant company that in view of the fact just stated the occasion for applying the rule of the Commission allowing 30 per cent increase in rates where shipments pass over two separate lines of railroad had been removed in that no transfers were required on movements from Atlanta to Central of Georgia Railway stations between Newnan and Co lumbus Ga such shipments being handled by the same train into which they were loaded at Atlanta and instructed said company to give such instructions to its agents as would carry this ruling into effect Said company advised the Commission on September 30th that the instructions of the Commission would be carried out and no further complaint has been received upon this score Complainant complained that the defendant company in the operation of certain of its passenger trains placed passenger coaches next to the engine and that such practices rendered travel on such trains dangerous to passengers After investigation and upon consideration of the matter complained of the Commission was of the opinion that such practice was not uncommon nor of such character as should be stopped by it and so notified complainant It appeared that the practice was maintained in such instances as the necessary result of the efforts of the defendant company to comply with the law requiring that train employees be given eight hours rest and tjiat by making up trains as complained of train crews were saved sufficient time at division termini which would otherwise be required in switching cars and making up trains to allow the 8hours rest required by law The Commission further found that this same practice was observed by many of the leading lines throughout the country and that there was nothing to show such practice to be hazardous or such as should be required discontinued by the Commission Complainant furnished with full information as to results of the Commission investigation and no further complaint received FILE NO 9027 H L Franklin vs Central of Georgia Railway Company Filed September 28th 1909 method of operat 284 FILE NO 9028 Griffin Press Brick Co vs Rates on brick from Chestlehurst to Atlanta Georgia Central of Georgia Railway Company Filed September 28th 1909 This was a petition for special rate of 2 cents per hundred pounds on brick from Chestlehurst Ga to Atlanta Ga Petitioner contending that by reason of the fact that a rate of 2 cents per hundred pounds applied from Calhoun Rome and other brick manufacturing points In the state to Atlanta they were unable to compete in the Atlanta market and further contended that the defendant company had given them to understand before the location of their plant at Chestlehurst Ga that such rates would be given them as would enable them to meet competition from other points in the state Copy of the petition served by the Commission on the defendant company and said matter set down for hearing all parties at interest being advised Upon consideration of the evidence submitted at said hearing and of the record of said matter the Commission on December 1st 1909 ordered that the maximum rate on brick from Chestlehurst to Atlanta Ga should be 2 cents per hundred pounds On December 13th the defendant company petitioned the Commission for a revocation of its order upon the ground that new Evidence had been discovered which threw additional light upon the subject but the Commission declined to rescind its order advising the railroad company that it would consider a petition to reopen the case but no petition to that end has yet been Complainants complained that the defendant company refused to accept shipments at Augusta Ga destined to Brinson Railway stations Upon investigation the Commission found that the Southern Railway had no published through rates from Augusta to stations on the Brinson Railway and that freight charges on such shipments were arrived at by the use of the locals of the participating lines Said company advised the Commission however that a new Augusta tariff which would carry through rates from Augusta to Brinson Railway stations in which it would be shown as a participating carrier was then in the hands of the printer and would be published at an early date The Commission so advised complainants and informed them that the Central of Georgia Railway published through rates to the destinations named and no further complaint received received FILE NO 9029 Citizens Trading Co vs Southern Railway Company 285 FILE NO 9030 C G Powell I Refusal to accept shipments of cotton V8 L after 200 P M Wadley Southern Railway J Filed September 27th 1909 This was a request for information as to the right of the defendant company to refuse to receive shipments of cotton and issue hillslading therefor after 200 P M the company basing such refusal upon the ground that no trains passed its station at which shipments were tendered until the following day The matter was taken up by the Commission with the railroad company and said company advised that no refusal of the kind complained of had been made Further correspondence had with the complainants and they advised that until the filing of their complaint said company had refused to issue hillslading as set out in their complaint but no further complaint was filed as to the practice being continued The Commision requested the complainants to advise it of any cause for further complaint along this line but nothing further received from them FILE NO 9031 Empire State Chemical Company j Rates on fertilizer to South Carolina vs L points Southern Railway Company J Filed September 29th 1909 Complainants complained of the inequalities in rates on fertilizer from Athens to points in South Carolina as compared with rates applying from Atlanta to said points The Commission advised complainants that it had no control over the rates complained of inasmuch as same were interstate and subject alone to the control of the Interstate Commerce Commission but referred the complaint to the defendant company with request that any unjust discrimination in rates be removed Said company contended that the rates complained of were established with due relation to competitive conditions and in line with the basis generally employed in making rates from Atlanta and Athens to the points in question The Commission so advised the complainants and they requested information as to how a complaint should be addressed to the Interstate Commerce Commission which information the Commission promptly furnished with the further advice that it would serve them in any way it could in presenting their complaint to the Interstate Commerce Commission but nothing further rceived from them 286 FILE NO 9032 H H Herndon Refusal to sell through passenger tickets vs Seaboard Air Line Railway Company J Filed September 27th 1909 Complainant complained of refusal of the defendant company to sell passenger tickets through from Elberton to Brunswick Ga via the S A L to Atlanta and thence Southern Railway to Brunswick Complainant desired to use this route because of what he considered better accommodations obtaining via that route The matter was handled with the defendant company by the Commission and said company advised that it did not interchange passenger business at Atlanta with the Southern Railway Company and that its agent at Elberton was only authorized to sell tickets from that point through to Brunswick via the Seaboard Air Line Railway to Atlanta and thence Atlanta Birmingham and Atlantic Railroad to Brunswick The Commission advised complainant that inasmuch as railroad companies could not be required to contract for the delivery of freights beyond their own rails they could not be required to sell passenger tickets to destinations beyond their own lines and that it would be necessary for him to purchase a ticket at Atlanta if he desired to use the Southern Railway from that point Claimants claimed overcharge on shipment of epsom salts from Atlanta to Valdosta Ga basing claim on the ground that they were charged on basis of 4th class whereas the classification of the Commission prescribed 5th class for this commodity Upon examination of the claim papers the Commission found that the correct freight charges were assessed on the shipment and so advised claimants Southern classification rates epsom salts 4th class while under the Commissions classifiction this commodity is rated 5th class 5th class according to the standard tariff of the Commission from Atlanta to Valdosta figures a rate of 60 cents per hundred pounds whereas 4th class under the Southern Classification taken in connection with the tariff of special class rates of the railway company figures a rate of 55 cents per hundred pounds between said points and under the rules of the Commission requiring the observance of the lowest rate the 55 cent rate was the correct rate and same was applied in the case FILE NO 9033 Valdosta Drug Company vs Railway Companies 287 FILE NO 9034 J L Philips Co vs Ocilla Southern Railroad Claim for overcharge Filed September 29th 1909 Complainants furnished the Commission with a statement of seven claims for overcharge against the railroad company named aggregating approximately 6500 which they claimed they were unable to have settled The Commission took claims up with the dfendent company and said company advised that prompt attention would be given same and settlement affected as soon as practicable On November 9th 1909 claimants advised the Commission that the railway company was satisfactorily handling their claims and that they were satisfied to let the matter rest where it then stood The Commission offered to further assist them in any way it could but no further response received from them Complainants complained that the defendant company failed to stop its passenger trains at Newnan with reference to the convenience of passengers said trains being stopped to serve the convenience of the employees in loading and unloading baggage and in performing other like train duties The Commission forwarded copy of the complaint to the defendant company calling the attention of said company to Passenger Rule No 13 of the Commission which requires the stopping of trains at all stations in such manner as to best serve the convenience of the passengers without reference to the convenient handling of baggage etc The General Manager of the defendant company advised the Commission that instructions had been given to comply with the rules of the Commission referred to and complainants were so advised and no further complaint received Atlanta Birmingham Atlantic Rail ion for authority to revise rates This was a petition for authority to revise rates on bagging and ties from Brunswick Ga to White Plains Ga the petitioning company advising that rates had been published between said points upon an erroneous basis the same having been based on special rate from Brunswick Ga to Augusta plus FILE NO 9035 A H Freeman et al vs Central of Georgia Railway Company Filed September 30th 1909 stopping of passenger FILE NO 9036 road September 30th 1909 288 continuous mileage of the Georgia Railroad from Augusta to White Plains whereas continuous mileage did not apply over the Georgia Railroad and Union Point White Plains Railroad and authority was desired to republish said rates on basis of special to Augusta plus the locals less 10 per cent of the Georgia Railroad and the Union Point White Plains Railroad Upon investigation the Commission found that the facts were correctly stated by the petitioning company and that rates published by other lines between the points stated were based on the combination desired to be used by petitioning company and on November 3rd 1909 the authority prayed for was granted Complainant complained of the delays passengers were subjected to in leaving trains of the defendant company arriving at Cordele Ga Upon investigation the Commission found that the delays complained of were occasioned by the fact that the defendant company operated only mixed trains and it was necessary for freight cars which were carried in the train between the passenger coaches and the engine to be switched onto another track before passenger coaches could be pulled up to the depot This explanation furnished complainant and no further complaint received Complainants complained of their inability to secure rate information as to rate and best route on shipment from Monroe Ga to Babcock Ga advising that their efforts to secure said information through the agent of defendant company at Monroe Ga had been unavailing The Commission took the matter up with the defendant company and said company advised that the delay in furnishing the information desired was due to the fact that the first telegram of the agent to the general office sent on Friday September 24th requesting the information went astray and the second message sent by the agent on the following day which was Saturday did not reach the general office until after office hours and consequently was not answered until the following Monday explanantion being further made that there was no through wires from Monroe to Augusta and telegrams were FILE NO 9037 L A Henderson vs Albany Northern Railway FILE NO 9038 Langston Music House vs Georgia Railroad 289 oftentimes delayed and sometimes lost The Commission furnished complainants with the information desired and furnished them also with the explanation as to the cause of delay in furnishing same by the railroad company and no further complaint received road Company This claim grew out of charges collected on a shipment of lumber from Coolidge Ga to iSavannah Upon investigation the Commission found that the charge had been assessed on basis of 1012 cents per hundred pounds whereas the rate formerly in effect was 8 cents per hundred pounds The Commission advised the railroad company that no authority had been granted it to increase said rate and no higher rate than 8 13 cents per hum dred pounds should apply and on October 13th 1909 the general freight agent of the defendant company advised the Commission that instructions had been given for the settlement of this claim on basis of 8 13 cents per hundred pounds The papers were returned claimant with information that claim had been authorized and no further complaint received Various citizens of Youngs Station Georgia and vicinity requested the Commission to require the defendant company to stop its freight and passenger trains at that point when flagged The matter was handled with the railroad company and said company on December 8th advised that such instructions bad been given as would furnish the service desired by petitioners sessed on shipment of cross ties billed from Irwinville to Brunswick Georgia FILE NO 9039 Kirby Planing Mills Co vs Atlanta Birmingham Atlantic Rail Claim for overcharge Filed September 23rd 1909 FILE NO 9040 Citizens of Youngs Station Ga vs Georgia Southern Florida Railway j Filed 0ctober 1st 1909 FILE NO 9041 Claim Adjustment Company vs Odila Southern Railroad Filed 0ctober 1st 1909 v This was a claim for refund of trackage charges amounting to 200 as 290 Upon investigation the Commission found that the charge complained of was assessed for moving these ties from points from 3 to 7 miles distant from Irwinville located on a tram road the service being performed by the defendant company at the nominal charge of 200 per car This information furnished claimants and no further complaint received Complainants complained of their inability to secure empty cars at Maysville Ga for the movement of cotton from that point and that by reason of that fact the depot platform facilities were badly congested The Commission promptly took the matter up with the defendant company and said company advised that it had not been able to supply all the equipment desired for the transportation of cotton but that sufficient cars to move all cotton at Maysville ready for shipment had been ordered to that point and that said cotton would be moved within two days Complainants so advised and no further complaint received This was a request for information as to rates on phosphate rock from Dunnellon Fla to Dalton Georgia as compared with the same rates to Doerun Georgia The information desired furnished by the Commission with the statement that It would serve them further if they had occasion to call upon it but no further response received The petitioning company prayed for the authority of the Commission to issue Three Million 3000000 Dollars of common stock Two Million 2000000 Dollars preferred stock and One Million Six Hundred Thousand 1600000 Dollars 5 percent First Mortgage Bonds for the purpose of pur FILE NO 9042 Carr Boyd Co et al vs Southern Railway Company FILE NO 9043 Union Phosphate Co of Ga Union City Georgia FILE NO 9044 Chattanooga Railway Light Co Chattanooga Tenn Petition for authority to issue stocks and bonds Filed October 2nd 1909 291 chasing and improving its electric railway lines in the city of Chattanooga Tennessee After due hearing and investigations the Commission on November 11th 1909 authorized the issue of stock and bonds prayed for Complainants shipped cotton from Cochran Ga to Macon Ga and there inspected the cotton and reshipped to Georgia North and South Carolina Mill points the railroad company assessed freight charges on basis of the through rate from point of origin to final destination plus switching charges at Macon Complainants complained of the collection of switching charges referred to and of any other charge than through transportation charge from Cochran Ga to final destination The Commission advised complainants that where shipments of cotton were tendered railroad companies on through billslading without routing instructions or instructions that cotton should be compressed at a given point it was the duty of the railroad receiving same to forward shipments via the most practicable route over which the lowest freight charge obtained and no charges should be assessed against such shipments other than the transportation charge according to the published through rate but that where such shipments were tendered to railroad companies with routing instructions as was in this case shippers were required to pay charges accruing according to the published tariffs applying via the route specified and for the services specified It appeared that in the case complained of the published rate via the route specified by complainants had been applied and no overcharge collected Complainants so advised and no further response received Complainant complained that he was charged more on a shipment of horses from Henderson N C to Macon Ga than was charged when the same horses were shipped in reverse direction Upon investigation the Commission found that the correct charges had been assessed and advised claimant of that fact sad further that rates were not always the same in both directions between the same points as special rates were often published from one point that did not aPPly from the other No further complaint received FILE NO 9045 Georgia Cotton Company vs Southern Railway Company FILE NO 9046 W J Massee vs Southern Railway Company 292 FILE NO 9047 Legg Brick Company Rate on brick from Calhoun to Atlan vs x V ta Georgia Western Atlantic Railroad Company Filed October 6th 1909 The defendant company on February 2nd 1907 published a special rate on brick from Calhoun to Atlanta Georgia of 2 12 cents per hundred pounds prior to which time there was no specific rate on pressed brick between said points but the rate on common brick was 2 cents per hundred pounds The Commission on January 20th 1906 promulgated circular No 314 under the terms of which no railroad company could increase a rate or discontinue the operation of any rate which was lower than the maximum rate prescribed by the Commission without the authority of the Commission first being secured Complainants complained that the defendant company was insisting upon classifying certain classes of brick manufactured by them as pressed brick which while manufactured by the press process were of much less value than brick commonly referred to in the trade as common brick The Commission ruled that the special rate on common brick should apply to all brick not suitable for facing purposes and that culls from pressed brick should not take higher rates than applied on common brick or brick not pressed The railroad company undertook to make effective the ruling of the Commission by the promulgation of certain issues which while probably meeting the technical requirements of the Commissions order did not carry out the spirit thereof After several hearings and extended investigations the Commission on November 11th 1909 ordered that the assessment of any higher rate than 2 cents per hundred pounds on either common or pressed brick from Calhoun to Atlanta was in violation of circular No 314 and that said rate should he applied on both classes of brick until furthered ordered and the defendant comany issued further rate circulars carrying into effect said order FILE NO 9048 Citizens of Millen Ga vs Petition for improved depot facilities Central of Georgia Railway Company Filed October 6th 1909 Georgia Florida Railway Company Petitioners complained that the depot facilities provided at Millen Ga by defendant companies were inadequate to the demands of the shipping and traveling public at that point and asked that the Commission require the provision of adequate facilities Copy of the petition served upon defendant companies and after some correspondence by the Commission with petitioners and said railroad companies the Mayor and other officials of the town of Millen advised the Commission on December 11th 1909 that they desired to withdraw their petition for the reason that an agreement had been reached I 293 between themselves and the railway companies which was satisfactory to all concerned The Commission advised all parties at interest that upon the statement made by the petitioners its record in this matter had been closed Complainant complained that the defendant company charged him 300 per car for transferring cars from his brick plant to Milledgeville Georgia said plant being situated within three miles of the yard limits at that point Upon investigation the Commission found that the plant of the complainant was not within the switching limits as prescribed by Freight Rule No 23 requiring switching service performed on basis of 200 per car and complainant so advised No further complaint received The above named company applied to the Commission for authority to issue common capital stock in the amount of 5000000 and a like amount of 5 per cent First Mortgage Bonds the proceeds from the sale of which the petitioning company desired to use in the acquisition by construction or purchase or both of a modern hydroelectric power plant or plants on the Savannah river in the counties of Elbert Hart Franklin and Stephens consisting of dams power houses machinery and other necessary facilities and properties in the operation of said plants After due hearing and such investigalons as the Commission deemed necessary the authority prayed for was granted on October 20th 1909 Plaining that the cotton platform of the defendant company at Buford Ga FILE NO 9049 Jos E Pottle vs Georgia Railroad FILE NO 9050 Interstate Power Company Elberton Georgia FILE NO 9051 Citizens of Buford Ga vs Southern Railway Company Filed 0ctober 9th 1909 This was a complaint signed by numerous merchants at Buford Ga com 294 was inadequate to the demands of shippers at that point and that said platform was then crowded with cotton and shippers were unable to make shipments Upon handling the matter with the railway company said company advised that the congestion was due to the fact that the cotton merchants at Buford delivered cotton on its cotton platform without giving shipping instructions and refusing to accept billslading for same so that cotton could be shipped Said company further advised that special attention had been given the matter complained of and that all cotton on hand at the time the complaint was filed had been moved and that the situation was then in such shape as could be properly taken care of for future shipments Full information as to the handling of the matter by the Commission furnished complainants and no further complaint received Complainants complained of refusal of the defendant company to rent them space on their right of way at Sunnyside Ga for the purpose of erecting a cotton seed and fertilizer house The railroad company contended that it had no space at Sunnyside which could be rented for the purpose desired by complainants but consignees contended that there was sufficient space and that the refusal of the railroad company to rent same to them was due to defendant companys desire to prefer their competitors and that such action upon the part of the railroad company was therefore unjust discrimination against them The matter was taken up by the Commission with defendant company and said company submitted blue print showing its right of way through Sunnyside and how same was occupied and maintained that there was no available space which could be rented to complainants The Commission before going further into the contentions of the parties interested requested its Special Attorney to submit his opinion as to the right of the Commission to require railroad companies to comply with the demands of complainants similar to that in this case and said Special Attorney advised that in his opinion the Commission was without authority to require railroad companies to lease space on their rights of way or to require the furnishing of facilities desired by complainants Copy of said opinion which will be found in full in this report under OPINIONS OF SPECIAL ATTORNEY was furnished complainants and no further complaint received FILE NO 9052 Atlanta Oil Fertz Company vs Central of Georgia Railway Company house on right 295 FILE NO 9053 J C Haskell Manager Southeastern Demurrage Bureau Atlanta Georgia Uniform demurrage rules Filed October 7th 1909 Mr J C Haskell representing the various lines in the southeastern territory composing the Southeastern Demurrage Bureau petitioned the Commission to adopt the code of demurrage rules commonly referred to as UNIFORM DEMURRAGE RUDES to take the place of the rules of the Commission governing the collection of demurrage charges in Georgia The rules referred to as Uniform Rules were drafted by a Committee of the National Association of Railway Commissioners and adopted by that Association at its meeting in Washington D C in October 1909 and recommended by said Association for adoption by various State Commissions throughout the country and by railroad companies and other organizations having such matters in charge The Commission on March 16th 1910 sent out notices to the various Boards of Trade in the State and to such individuals and firms as would likely be interested in the matter and as well to the railroad companies operating in Georgia advising that it would on March 29th 1910 give consideration to the question of adopting said demurrage rules and that at said time it wuld be glad to have present any one interested therein and to have them submit their views in the premises and the petition stands on the docket of the Commission for said hearing This was a petition that the Central of Georgia Railway Company be required to stop its passenger trains Nos 9 and 10 at Doyle Ga when flagged Matter handled with the defendant company but said company contended that the trains which petitioners desired stopped on flags were fast through trains making important connections which would be affected if said trains were required to stop at local stations The Commission assigned the matter for hearing and advised all parties at interest at said hearing the railroad company and petitioners reached a satisfactory agreement as to the facilities desired and petitioners requested that they be allowed to withdraw their petition Said request granted and file of the Commission accordingly closed FILE NO 9054 Citizens of Doyle Ga vs Central of Georgia Railway Company 296 FILE NO 9055 Merchants of Zebulon Ga vs Southern Railway Company Inability to secure empty cars Filed October 11th 1909 Various merchants of Zebulon Ga complained to the Commission of their inability to secure equipment for the movement of cotton and prayed for prompt relief The Commission handled the matter by telephone with the defendant company and said company advised that all necessary cars would be forwarded to Zebulon at once and such steps taken as would remove any cause for complaint along this line Complainants so advised by the Commission with request that they inform it if sufficient equipment was not furnished but no further complaint received Several merchants at Greenville Ga complained to the Commission of their inability to secure empty cars for the movement of cotton and prayed for prompt relief Matter taken up by the Commission with the defendant company and said company advised that on the same day the letter of the Commission was mailed a special train was run from Columbus to Greenville supplying 7 empties at Greenville which took care of all orders from shippers at that point No further complaint received Complainant complained that the defendant company failed to observe routing instructions on a shipment of one box of flour from Turin Ga to Sylvania Ga Shipper tendered shipment on billlading specifying routing via the Central of Georgia Rwy to Savannah and thence via the Brinson Railway to destination it being the desire of complainant that the Brinson Railway should be the delivering line Matter handled with the defendant company and said company admitted the signing by its agent of billlading with routing instructions as stated by complainant but advised that its agent forwarded shipment via Rocky Ford thinking that an error had been made in the routing instructions because of the fact that the rate applicable via the specified route was 54 cents per FILE NO 9056 Merchants of Greenville Ga vs Central of Georgia Railway Company Inability to secure empty cars Filed October 11th 1909 FILE NO 9057 W I Cooper observe routing instruc vs L tions Central of Georgia Railway Company j Filed October 9th 1909 297 hundred pounds whereas the rate via Rocky Ford was only 44 cents per hundred pounds Complainant furnished with this information by the Commission with a statement that if he had further cause for complaint he advise the Commission hut no further response received The above named company petitioned the Commission for authority to make certain changes in its passenger train schedules in order to better serve its patrons and make mpre certain the important connections with trains of other lines The Commission forwarded copies of the railway companys petition to the Mayors of Wladley and Stillmore Ga requesting them to submit the matter to interested parties in order that they might have opportunity to furnish the Commisison with their views in the premises Said Mayors advised that upon submitting the matter to the people of their respective towns no objections were raised to proposed changes but on the other hand said proposed changes met with general favor The Commission thereupon granted the authority to revise the schedules as prayed for Complainants telegraphed the Commission that they were unable to secure equipment for the shipment of lumber and stated that six cars were desired immediately The Commission handled the matter with the defendant company by teldgraph and said company promptly replied that petitioners had been given the supply of cars desired without delay Complainants advised of the Commissions handling and requested to inform the Commission of any further cause of complaint but no response received Central of Georgia Railway Company ed Octbber 12thf 1909 Claimants requested the Commission to assist them in collecting a claim against defendant company filed account overcharge on shipment of lumber from Olympia Ga to Atlanta Ga amount of claim being 779 Matter taken UP by the Commission with the defendant company and said company advised FILE NO 9058 Wadley Southern Railway Petition to change train schedules Filed October 9th 1909 Central of Georgia Railway Company fFiled October 10th 1909 FILE NO 9060 Sterling Lumber Company vs Claim for overcharge 298 that the amount of overcharge was only 295 instead of 779 as claimed by claimants and that if claimants would amend their claim to that amount same would he vouchered The Commission so advised claimants stating that as it had never had the papers covering claim it could not say whether or not the amount of the overcharge claimed by the railroad company was correct but would serve them further if desired but no response received Mr C A Stephens of Ousley Georgia representing various shippers of watermelons from Ousley Ga and vicinity complained to the Commisioin that the defendant company had increased rates on melons from Ousley and other stations to Charleston S C that for several years they had paid only 2200 per minimum car on such movement but were now charged 129 cents per hundred pounds or 3096 per car of 24000 pounds Upon investigation the Commission found that the rate charged namely 129 cents per hundred pounds was a special commodity rate on melons and was regularly filed with the Interstate Commerce Commission and that the rate of 2200 per car was the class P rate The railroad company contended that under rulings of the Interstate Commerce Commission special or commodity rates take precedence over class rates and that the 129 cents per hundred pounds rate was not only just and reasonable but was the lawful rate and the only one that could be applied The Commission advised claimants as to the result of its investigation and informed them that since the matter was altogether interstate no relief could be granted by this Commission and that it would be necessary to take the complaint up to the Interstate Commerce Commision upon the ground that the 129 cents per hundred pounds rate was unreasonable and ask for reparation on all shipmen s charged for on that basis equal to the difference in said rate and the rate or 2200 per car on minimum carload The Commission advised complainan s that it would represent them before the Interstate Commerce Commission they so desired and that if they wanted to file a petition with said Comission to send this office the necessary papers covering the shipments which had ee made on which the 129 cents rate was applied but up to the present time no response has been received FILE NO 9061 C A Stephens vs Atlantic Coast Line Railroad 299 FILE NO 9062 J A Grant Co vs Southern Railway Company Rate on vehicles from Owensboro Ky to Alto Georgia Filed October 13th 1909 This was a request for information as to lawful rate on vehicles from Owensboro Ky to Alto Georgia petitioners enclosing with their inquiry and expense bill covering a shipment of one buggy moving between said points Upon examination of said expense bill the Commission found that no overcharge had been collected and petitioners were so advised and furnished with the desired information FILE NO 9063 Claim Adjustment Company vs Claims Atlanta Birmingham Atlantic Rail j Filed October 14th 1909 road Company Claimants furnished the Commission with a statement of 38 claims which they held against defendant company filed account loss overcharge and damage aggregating some 30000 and requested the Commissions assistance in collecting same The Commission forwarded copy of the list of claims to the railroad company with request that same be given prompt attention and closed out as early as possible FILE NO 9064 FlynnHariisBullard Co Caim 0r damago VS ai Filed October 14thv 1909 Atlantic Coast Line Railroad J This claim was filed account damage resulting from delayed transportation of a shipment from Savannah to Ashburn Georgia By reason of the delay in transporting and delivering said shipment claimants who were the shippers advised consignees that they had duplicated their order and for them to reject the first shipment if it should turn up Said order was duplicated and claim filed for value of the delayed shipment amounting to 1193 Claim handled with the defendant company and same paid in full October 12th 1909 FILE NO 9065 Southeastern Lime Cement Co I 9 I Classification of plaster of pans Railway Companies J FIIed Cl0b 14th 1909 This was a petition for reclassification of plaster of paris so that said commodity would take the same rates as applied on cement The matter handled 300 with the railway companies and no serious objections filed by said companies to a favorable consideration of petitioners request After due investigation the Commission was of the opinion that the change in classification requested was reasonable and said change published in circular No 345 Petitioner desired side track facilities at his brick plant near Whigham Ga Copy of the petition served upon the defendant company by the Commission but said company refused to comply with petitioners request upon the ground that petitioners business was not sufficient to inquire such facilities and for the further reason that to locate a spur track at the point desired would necessitate the cutting of its main line at a point which would render hazardous the operation of trains over that part of its line The matter set down for hearing and all parties interested notified At said hearing representatives of the petitioner and of the railway company appeared and were given full opportunity to present their respective contentions Upon consideration of the evidence submitted at said hearing the Commission was of the opinion that the business of petitioner did not warrant the provision of side track facilities at that time but ordered that when petitioners plant was enlarged and operated to a capacity of 25000 brick per day the defendant company should provide side track facilities sufficient to meet the demands at said point The Southern Railway Company forwarded to the Commission papers covering claim which it held against the Beck Gregg Hardware Company of Atlanta Ga account alleged undercharge on shipment of iron washers in bundles contending that charges on said shipment should have been assessed on basis of Hardware N O S inasmuch as no specific rating is provided for washers in bundles The Commission advised the railway company that as the classification of the Commisison carried no specific rating on washers in bundles the rating provided for the most analogous article should apply and as its classification carried a rate of twothirds of 6th class on washers in kegs same should apply in this case FILE NO 9066 D C Maxwell vs Atlantic Coast Line Railroad FILE NO 9067 Southern Railway Company vs BeckGregg Hardware Co 301 FILE NO 9068 Citizens of Fayetteville Ga et al vs Southern Railway Company Additional passenger train service Filed October 12th 1909 Petitioners desired double daily passenger train service over that part of the defendants line between Atlanta and Williamson and offered as suggestion in the furnishing of such service that defendants train leaving Atlanta for Columbus in the morning and returning in the afternoon be operated between Atlanta and Williamson over the Atlanta Florida branch instead of being run via McDonough This matter is still being handled with the railway company and petitioners This was a request for information as to the length of time conductors of passenger trains should allow passengers in boarding and leaving trains and as to other duties of passenger train conductors The Commission advised Mr Denson that it had no rule governing questions of this kind but that if he desired it to investigate any specific case or cause of complaint thorough investigation would be made by the Commission but no further response received from him Complainant complained of delay in the transmission of a message by the defendant company addressed to him at Hawkinsville Ga by a party in New York N Y Upon investigation the Commisison found that the message in Question was tendered to the PostalTelegraphCable Company in New York and as said company had no office at Hawkinsville the message was transferred to the defendant company at Atlanta for final delivery and delay complained of was occasioned by the transfer at Atlanta Full information furnished complainaut and no further complaint received FILE NO 9069 E J Denson vs Railway Companies FILE NO 9070 J H Taylor vs Western Union Telegraph Co 302 FILE NO 9071 S W Thornton I I Claim for overcharge Atlanta West Point Railroad J Filed October 18th 1909 This claim was filed account alleged overcharge in freight charges on one horse shipped from Fort Wayne Ind to LaGrange Ga Upon examination of the claim papers the Commission found that correct rate had been applied and so notified claimant FILE NO 9072 E H Matthews j Train connection at Tennille Ga vs L Central of Georgia Railway Company Jec Octber 18th 1909 Complainant complained that on October 16th 1909 he along with other passengers on board the Augusta Southern Railroad train bound for Tennille wired the conductor of the Central of Georgia Railway train at Tennille requesting him to await the arrival of the Augusta Southern train as they desired to make connection with his train at Tennille for Atlanta but that upon arriving at Tennille they found that the Central of Georgia Railway train had departed The Commission was requested to investigate the complaint and see if something could not be done to bring about connections of the trains in question Matter taken up by the Commission with the defendant company and said company replied that its train in question was scheduled to leave Tennille at 1125 A M and the Augusta Southern train was due at that point at 1115 Am and that the standing instructions of said company required its train held at Tennille for this connection until 1135 A M allowing 20 minutes for said connection that on the day in question its train waited at Tennille 5 minutes longer than the instructions called for leaving that point at 1140 A M The Commission was of the opinion that the rule of the defendant company in this case was not unreasonable and petitioners furnished with full information as to its handling with request that they communicate with it further if they had anything else to submit but no further response received FILE NO 9073 Whiteley Telephone Co Gibson Georgia Sale of telephone property to the Southern Bell Telephone Teley graph Company Filed October 20th 1909 The record in this case covers the sale of the Whiteley Telephone Company of its telephone properties in the counties of Burke Glascock Jefferson 303 and Richmond Georgia passing through the towns of Avera Gibson Keysyille Matthews Spreads Stellaville and Wrens in said counties to the Southern Bell Telephone Telegraph Company showing the terms and conditions of said sale The record in this case covers th sale of the Sylvester Telephone Company of its telephone property in the city of Sylvester Georgia to the Southern Bell Telephone Telegraph Company showing the terms and conditions of said sale This was a protest numerously signed by the citizens of Lawrenceville Ga against any change in the schedules of the defendant companys passenger trains leaving Atlanta at 430 P M and arriving at 845 A M Copy of said protest furnished the railroad cpmpany and the matter set down for hearing all parties being duly advised At said hearing representatives of complainants and of the railway company appeared and presented their respective contentions Upon consideration of the evidence submitted the Commission was pf the opinion that no change should be made in the time of arrival of train due in Atlanta at 845 A M but authorized a change in the schedule of the train leaving Atlanta in the afternoon so that said train wonld leave at 400 P M instead of 430 P M and an order to that effect was issued FILE NO 9074 Sylvester Telephone Company vs Sylvester Georgia j Sale of telephone property to the Southern Bell Telephone Tele graph Company Filed October 20th 1909 J FILE NO 9075 Citizens of Lawrenceville Ga vs Seaboard Air Line Railway Protest against change in passenger train schedules Filed October 20th 1909 FILE NO 9076 Southern Railway Company This was a petition of above named railway company for authority to withdraw special rates on knitting factory products published from Griffin Ga The Commission forwarded copy of the petition to the Griffin Knitting Mills with request that they advise it of any objections with reasons therefor to 304 the granting of the railroads request The Spalding Cotton Mills acknowledged receipt of the notice of the Commission addressed to the Griffin Knitting Mills and advised that said last named company had gone out of business as a knitting mill and that there was now no demand for the rates in question and therefore no objections to same being withdrawn The Commission thereupon authorized their withdrawal FILE NO 9077 Roop Hardware Company Caim fop overcharge vs L i f Filed October 21st 1909 Central of Georgia Railway Company J This claim was filed account overcharge in freight on a shipment of buggies from Jackson Ga to Carrollton Ga amount of claim being 600 Claim taken up by the Commission with defendant company and same paid November 2nd 1909 FILE NO 9078 E Phillips Son vs Claim for overcharge Southern Weighing Inspection Bu f Filed October 22nd 1909 reau J This was a claim for overcharge due to excessive weights upon which charges were based claim growing out of a carload shipment of coal from Searles Ala to Columbus Ga Claimants advised the Commission of their knowledge that as this claim grew out of an interstate shipment same was beyond its control but requested the Commission for its opinion as to the correctness of their contention that the amount claimed was due Upon examination of the claim papers it appeared to the Commission that claim was properly filed and due and claimants were so advised with return of all papers FILE NO 9079 Waxelbaum Produce Co vs Georgia Southern Florida Railway LDayed Prtation Atlanta Birmingham Atlantic Rail Filet October 25th 1909 road Company Complainants complained of delays in the interchange of freight between the railway companies above named The Commission forwarded copy of complaint to the defendant companies with the request that th matter complained of be taken up direct with complainants by sending a representative to confer with them relative thereto and that any just cause for complaint be removed The railway companies advised that they would do this and that as complainants failed to specify any particular delay it could not make any investigation and furnish any explanation until after conferring with them Complainants complained that the railway lines entering Moultrie Ga refused to accept shipments of cotton uncompressed Upon investigation the Commission found that the railway companies did not refuse to accept flat cotton for shipment but refused to accept same to be concentrated and compressed at some other point and apply the through rate from Moultrie to destination The Commission furnished complainants with information as to the result of its investigation advising them that if they should experience any difficulty in securing compliance by the railway company with any rule of the Commission it would be glad to hear from them but no further response received Complainant advised the Commission that the agents of the defendant company at Bishop Ga had informed him that said company would not accept his race horse between points within the State of Georgia and requested information as to right of the railway company to make such refusal Upon handling the matter with the defendant company said company advised that no refusal of the kind complained of had been made and that complainant was under a misapprehension probably having confused the information given him by the agent at Bishop to the effect that these horses would not be accepted for shipment to Richmond Va with the idea that his horses would not be accepted for shipment between points in Georgia The railroad company advised further that such instructions had been given its agent as would properly dispose of the matter complained of The Commission so advised complainant and no further response received from him file NO 9080 Carlton Supply Co vs Railway Companies FILE NO 9081 R E Branch vs Central of Georgia Railway Company Alleged refusal to accept shipments Filed October 25th 1909 306 FILE NO 9082 D D Akers vs Routing shipments Atlanta Birmingham Atlantic Rail Filed October 25th 1909 road Company Complainant complained of refusal of the defendant company to deliver to the Southern Railway at Woodbury Ga a car of lumber loaded at that point on the rails of the defendant company which complainant desired to ship to Atlanta Complainant tendered 200 to the defendant company with instrucytions to deliver car to the Southern Railway Company but defendant company refused so to do advising complainant that car would either have to move over its line to Atlanta or be unloaded and loaded into a car on the rails of the Southern Railway Company Upon investigation of the matter complained of the Commission was of the opinion that if complainant desired to ship via the Southern Railway he should have ordered car of that line and loaded same from its tracks and that as that service had been required of the defendant company said company was entitled to the transportation of the shipment FILE NO 9082A Dixie Cotton Company vs Southern Railway Company This claim was filed account loss of 10 bales of cotton which were destroyed by fire while in possession of the defendant company claim amounting to 57700 Mater taken up by the Commisison with defendant company and said company on November 12th 1909 advised that same would be settled without delay Claimants so advised by the Commission and no further complaint received Claim for lost shipment Filed October 25th 1909 FILE NO 9083 A R Richardson I Claim for loss and damage e Filed October 25th 1909 Savannah Statesboro R R J Claimant requested the Commission to assist him in collecting claim for 675 against the defendant company filed account loss and damage The Commission advised claimant that no investigation could be made of his claim without further information and advised claimant what information would be necessary for such investigation and that if he would supply same investigation would be made but no further response received 307 FILE NO 9084 Railroad Commission of Georgia List of cotton compresses in Georgia Filed October 25th 1909 The record in this case covers investigation made by the Commission as to the number and location of cotton compresses in Georgia This was a petition of the above named railway company for authority to discontinue the operation of its pasenger trains on Sunday Copy of the petition forwarded by the Commission to the Mayors of Hartwell and Bowersville Ga with request that the same be submitted to interested parties and advise the Commission whether or not any objections were entertained to the granting of the petition Strong objections were made and the Commission assigned the petition for hearing notifying all parties at interest Upon consideration of the evidence submitted at said hearing the Commission was of the opinion that the discontinuance of the trains in question should not be allowed and it was so ordered This claim was filed account alleged overcharge due to excessive weight on which charges were collected on car of lumber claimants basing their claim upon estimated weights The Commisison took the matter up with the defendant company under provisions of Freight Rule No 6 and called upon said company for a sworn weighers certificate showing the gross net and tare weights of said car and said company furnished same showing that the weight upon which freight charges were assessed were properly ascertained The Commission advised the claimants of receipt of sworn weighers certificate and no further complaint received FILE NO 9085 Petition to discontinue passenger Hartwell Railway Company train service on Sundays Filed October 25th 1909 FILE NO 9086 Killian Lumber Company vs Seaboard Air Line Railway 308 FILE NO 9087 Extend Georgia Southern Florida Railway pjej Extending passenger train service Filed October 26th 1909 This was a petition of the railway company named for authority to extend to Valdosta passenger train service furnished by trains operated from Macon to Tifton known as the Dixie Flyer with the privilege of discontinuing said service between Tifton and Valdosta if after a sufficient trial same should prove to be unremunerative Upon consideration of said petition the Commission authorized the temporary and experimental service as desired This was a complaint that the defendant company failed to provide drinking water lights and fire in the depot at Dallas Georgia The matter was taken up by the Commission with the defendant company and said company advised that such instructions had been given as would prevent cause of further complaint of this kind at Dallas Complainant so advised and no further complaint received This was a petition that the Commission classify lime and sulphur solution an insecticide for spraying fruit trees which petitioners claimed was of such low value that it could not be shipped at the rates at present in effect on insecticides The matter was handled with the railroad companies and on February 10th 1910 after extended investigation and consideration of the petition the Commission adopted 6th class for this commodity The above named company petitioned the Commission for authority to issue capital stock in the amount of 12000 and First Mortgage Indebtedness of 20000 bearing interest at the rate of 6 per cent per annum for the purpose of acquiring a railroad running from Conyers to Milstead Ga in the county of FILE NO 9088 Dayton Hale Jr vs Southern Railway Company Lack of depot accommodations at Dal las Georgia Filed October 27th 1909 FILE NO 9089 Willett Seed Company vs Railway Companies FILE NO 9090 Millstad Railroad Company Conyers Georgia 309 Rockdale a distance or 29 miles with side tracks to the length of sixtenths of a mile After due hearings and such investigation as the Commission deemed necessary authority prayed for granted on December 3rd 1909 Complainant complained of the rule of the defendant company forbidding passengers to reverse seats on passenger cars requiring all seats to be so set as that all passengers would face the same way Complainant stated that he was traveling on one of the defendant companys trains with three friends and that they turned one seat so that two of the party faced the other two but the conductor required them to turn seat back which they promptly did Matter was taken up with the defendant company by the Commission and said company advised that instructions had been given its conductor to allow seats to be turned for the benefit of three or four passengers traveling together Complainant so advised and no further complant received Complainant complained that the Seaboard Air Line Railway refused to switch cars arriving at Rockmart Ga via the Southern Railway and that the railway companies at interest refused to observe routing instructions on cars moving from points in South Georgia and Florida consigned to him at Rockmart Ga which called for S A L Rwy delivery The Commission advised complainant that it was then considering the adoption of a rule governing the routing of shipments which would probably take care of any complaint so far as relates to shipments originating in Georgia and furnished him with information as to rules governing interstate shipments The rule referred to govening Georgia shipments was adopted by the Commission and publihed in Circular No 345 as Freight Rule No 33 FILE NO 9091 Virgil J Hodges vs Seaboard Air Line Railway t FILE NO 9092 W M Eisberry Company vs Southern Railway Company 310 FILE NO 9093 Mrs Vassar Woolley Delay in extending street car service Filed November 1st 1909 Georgia Railway Electric Company J Complainant complained of the delay of defendant company in extending its West Peachtree Line alleging that she along with others had built homes on the line of proposed extension and were being greatly inconvenienced by the delay of the defendant company in constructing said new line Matter taken up by the Commission with said railway company and said company advised that work in other sections of the city had necessitated the withdrawal of its construction gang from the West Peachtree Line extension but that said gang had been ordered back to the West Peachtree Line and that same would be completed within three weeks from that time Complainant so advised and no further complaint received FILE NO 9094 E J McKinney Claim for overcharge 8 Filed November 1st 1909 Atlantic Coast Line Railroad J Complainants requested information as to the correct rate on a wood planing machine moving from Yarnville S C to Blackshear Georgia in order to be in position to file claim for overcharge which he thought had been collected on such a shipment Upon examination of the papers covering said shipment the Commission found that the correct freight charges had been assessed and that no overcharge was collected Claimant so advised and no further complaint received Florence Hotel vs Atlantic Coast Line Railroad FILE NO 9095 Accommodations at Valdosta depot at L night J Filed November 2nd 1909 This was a complaint that the defendant company failed to keep its waiting room open at night in its depot at Valdosta Georgia Matter taken up y Commission with the defendant company and said company contended that a was complying fully with the rules of the Commission prescribing the hour during which depot waiting rooms should be kept open The Commission vised complainants of the contention of the railroad company and requestea them to advise itof any particular wherein said company failed to comply mm the requirements of the rules of the Commision but no further response received su FILE NO 9096 Citizens Trading Co vs Southern Express Company Complainants complained of charges on shipment of butter from Flovilla to Sylvania Georgia and complained generally as to the rates charged by the express company on shipments moving into Sylvania The matter of charges on the shipment in question was handled by the Commission with defendant company and the amount of overcharge collected promptly refunded The Commission advised complainants as to its handling of their claim and further informed them that their communication complaining generally of express rates was not sufficiently full to enable the Commission to take up that question but that if they desired it to consider the question of express rates generally and would file a petition to that end setting out the matters complained of same would be given prompt attention but no further response received Claim for overcharge Filed November 2nd 1909 FILE NO 9097 E E Douville vs Claims for overcharge Georgia Florida Alabama Railway Filed November 3rd 1909 Company J These claims were filed account alleged overcharge on shipment of grapes from Bainbridge Ga to Buffalo N Y claimant writing from West Allis Wis Claimant stated that he had been endeavoring for more than a year to secure settlement of these claims and requested the assistance of the Commisison in getting the same properly disposed of Claims taken up by the Commission with defendant company and on November 14th 1909 said company advised definitely the amount of the overcharge which had been collected and stated that if claimant would amend claims to said amount same would be promptly paid Claimant so notified and no further complaint received FILE NO 9098 Jno T Brand vs I Claim for overcharge Georgia Railroad fFiled November 3rd 1909 Claimant forwarded to the Commission papers covering shipment of railroadron from Hapeville to Lithonia Ga and requested the Commission to advise hnn whether or hot correct freight charges were assessed on said shipment 312 Freight charges in the amount of 4374 were collected whereas the correct charge was 3559 Upon handling the claim with the railroad company said company refunded the excess charges namely 805 Complainants complained of their inability to secure cars for shipments moving over the line of defendant company The Commission forwarded the complainants copy of its rules with reference to the railroad company supplying cars on orders of shippers and advised them to file orders for cars in accordance with the provisions of said rules and also wrote the railroad company requesting that prompt attention be given to request of complainants for cars No further complaint received Atlanta Water Electric Power Com 1 Request for information pany Atlanta Georgia j Filed November 5th 1909 The above named company submitted to the Commission full information as to its operations and requested a ruling as to whether or not said company came within the provision of the Act of 1907 increasing the Power of the Railroad Commission in so far as said Act conferred jurisdiction on the Commission ever said company This matter was submitted to the Special Attorney for his opinion and said Special Attorney advised that the Commission had no jurisdiction over Electric Light and Power Companies which did not furnish power and light to the public or otherwise dealing with the public Full copy of the epinion of the Special Attorney referred to will be found in this report under OPINIONS OF SPECIAL ATTORNEY This was a request for information as to method of procedure in apply ing for special or reduced rate on pasteboard hosiery boxes from Cedartown FILE NO 9099 J E Howard Son vs Georgia Coast Piedmont Railway Inability to secure empty cars Filed November 5th 1909 FILE NO 9100 FILE NO 9101 Marietta Knitting Mills vs Railway Companies boxes 313 to Marietta Georgia The Commission furnished the information desired and advised petitioners that it would assist them in any way it could in handling the matter with the railway oompany or it would consider whatever petition they might desire to file with it but no further response received This was a request for information as to rate applicable on shipment of cross ties from Swains Old Field Ga a river landing of the above named boat line to Brunswick Ga The Commission called upon its special attorney for his opinion as to the jurisdiction of the Commission over boat lines Said special attorney advised that in his opinion the Commision had no jurisdiction over steamboat lines a full copy of which opinion will be found elsewhere in this report under the OPINIONS OF THE SPECIAL ATTORNEY The Commission then undertook to secure copy of the defendant companys tariff carrying rates from its landings to Brunswick but said company published no through rates to Brunswick and did not operate its boats through to that point Full information as to the Commissions handling furnished claimants and no further response received The above named company advised the Commission that they operated a tram road 6 miles in length for the use of their mill at Byromville Georgia which was built especially to haul logs for said mill that there were a few farmers living near the end of this tram rfad who desired to ship cotton seed cotton seed hulls1 guano and like commodities over said road which they were willing to do at a nominal charge solely for the purpose of accommodation to said parties That a saw mill however desired to ship lumber and logs over this tram road which service petitioners did not desire to perform and hence ey requested information as to their rights to continue serving the farmers above referred to and to refuse to serve the saw mill in question stating that if they were required to haul lumber and logs and other commodities which interfered with the operation of their tram road for their own use they would discontinue altogether hauling for any one The Commission advised petitioners that t in its opinion their inquiry involved a legal question which the Commission would require further time to consider and that in the meantime FILE NO 9102 Claim Adjustment Company vs Wilcox Phillips Boat Line FILE NO 9103 Elberta Crate Company Marshallville Georgia 314 they could continue to haul freight as they had theretofore done until further advised by the Commission This matter was submitted to the Special Attorney of the Commission for his opinion as to the right of a tram road to haul for one and not another and to haul one class of goods and refuse to haul another class A copy of the Special Attorneys opinion will be found in this report under OPINIONS OF THE SPECIAL ATTORNEY No complaint being received as to the operations of this tram road the Commission has made no change in the temporary order granted said line to continue its operations as herein first set out This was request for information as to right of the defendant company to remove the side track located at their farm on the line of said railroad The Commission advised petitioners that railroad companies were not authorized to remove side tracks or to discontinue any service or facility without first obtaining the consent of the Commission so to do but as they failed to state at what point the side track in question was located or to furnish sufficient information to enable the Commission to take this matter up with the railroad company nothing could be done by the Commission until further informar tion was received and further advised them that it would handle said matter for them upon receipt of required information but no further response received This was a request for information as to correct freight charges due on shipment of one corn shredder and grain drill from Dallas Ga to Louisville Ga Shipment weighed 1500 pounds and charges in the amount of 1515 were collected Upon examination of the claim papers the Commission advised claimant that the correct rate was 86 cents per hundred pounds which extended to the weight of the shipment figured total charges of 1290 showing an overcharge of 210 and further informed claimant that if he should experience any difficulty in securing refund of the excess charges the Commission would assist him in having refund made but no further response received FILE NO 9104 T I Thomason Son vs Georgia Florida Alabama R R FILE NO 9105 vs Southern Railway W L Phillips 315 FILE NO 9106 Railroad Commission of Georgia Car route signs on street cars Filed November 11th 1909 The record in this case covers the action of the Commission started upon its own initiative relative to lack of signs on cars of the Georgia Railway Electric Company which would furnish information as to the route of said cars It appeared that the company failed to show on its cars passing the terminal station any information that would enable persons desiring to go to the terminal station by street car to know which car to take Upon handling the matter with the officials of the railway company said company advised that instructions had been given for necessary signs to be prepared and placed and maintained on all cars passing the terminal station and such signs are now kept on all such cars The record in this case covers investigations of the Commission started upon its own initiative relative to demand for baggage trucks at the various railroad stations throughout the State On November 12th 1909 the Commission sent out an order to each railroad company in Georgia calling for information as to the stations at which baggage trucks for handling baggage from and into baggage cars were provided On March 21st 1910 after a careful consideration of the demands at the various stations in the State for baggage trucks upon account of the population of said places and the travel thereat the Commission selected such stations as would likely require baggage trucks and called upon the several railroad companies to show cause why baggage trucks should not be provided at the several stations named in the notice to show cause and said notice was made answerable on April 7th 1910 and now stands on the docket of the Commission for hearing on said date Complainant complained of express charges on shipment of one pig from Brush Creek Tenn to Cbipley Ga but did not furnish the Commission with papers showing the charges collected The Commission advised complainant that as the shipment in question was interstate it did not have in the office FILE NO 9107 Railroad Commission of Georgia stations FILE NO 9106 Ben F Hill vs Southern Express Company 316 the information desired but that same would be secured and furnished him as soon as possible Upon investigation the Commission found that the correct rate applying on this shipment was 300 per hundred pounds and so informed complainant with the further information that if the Commission could further serve him it stood ready to do so upon receipt of further advice but no further response received from him Claifhant forwarded to the Commission expense bill covering charges on car of brick moving from Altamaha to Denton Georgia a distance of 18 miles and requested information as to the correctness of the freight charges The Commission advised claimant of the amount of excess charges collected and sug1 gested that he file claim against the defendant company for said amount and that if he should experience any difficulty in securing refund of the overcharge the Commission would assist him in any way it could Claimant filed claim and on November 24th 1909 the railroad company advised the Commission that claim had been settled This record covers two claims of the Woodbury Bottling and Manufacturing Company against the Southern Railway Company one amounting to 1486 filed account leakage on shipment of ice and the other amounting to 509 filed account overcharge on shipment empty bottles Claims handled by the Commission with the defendant company and after some correspondence the Commission was advised on November 19th 1909 that the claim for overcharge had been authorized paid and on January 26th 1910 the railroad company advised that claim account leakage on shipment of ice had been settled in full Claimants so advised and no further complaint received FILE NO 9109 T J Ellis Claim for overcharge Filed November 10th 1909 vs Georgia Florida Railway FILE NO 9110 Woodbury Bottling Mfg Co vs Southern Railway Company Claims November 10th 1909 317 RILE NO 9111 F E Block Co vs I Claims Atlanta West Point Railroad J Filed November 10th 1909 This record covers request of F E Block Company for opinion of the Commission aSto proper settlement of claim which they held against the railroad company named filed account of loss and damage Opinion of the Commission furnished and no further complaint received FILE NO 9112 Central of Georgia Railway Company vs I Temporary passenger train service Georgia Florida Railway Company J Fied November 10th 1909 The above named railroad companies petitioned the Commission for authority to put on an additional passenger train between Millen and Augusta for the purpose of providing through passenger train service from Madison Fla via the Georgia and Florida Railway into Augusta the line of the Georgia Florida Railway terminating at Millen with the privilege to said companies of discontinuing said train upon 20days notice when the purpose for which train was put on had been accomplished After due consideration the Commission on November 16th 1909 granted the authority prayed for On March 25th 1910 the above named companies notified the Commission in line with the authority given as above stated that the train was desired to be discontinued as the Central of Georgia Railway operated three passenger trains daily in each direction Millen and Augusta which took care of the travel between said points and in consequence of this service the additonal train was not patronized to the extent anticipated The Commission on March 31st 1910 advised said companies that the discontinuance of the train in question was authorized FILE NO 9113 Petition for revision in rates on cross ties Filed November 11th 1909 This was a petition of the above named railway company that the Commission change its rates on cross ties so that the rates for the transportation of said commodity would be based on class P minimum carload of 24000 pounds instead of 32000 pounds The Commission advised the boards of trades of Savannah and Brunswick Ga of the receipt of said petition and requested them 0 advise the Commission of the names of such shippers and dealers in cross 318 ties as would probably be interested in this matter The railway companies requested a hearing in said matter and the Commission accordingly selected February 17th 1910 for that purpose and on that date several railway traffic officials appeared and presented their contentions for an increase in rates Various shippers and others opposing any increase requested further time within which to present their views and the Commission announcedthat the matter would be held open until all parties could have opportunity to be heard or file their written views and no decision in said matter has yet been made Complainant complained that the ticket ageht of the defendant company at Cordele required him to wait some time at ticket office window refusing to sell him a ticket without any apparent reasons and that he continued to refuse to wait upon him until the conductor of the train which he desired to take insisted upon agent selling the desired ticket and that during all of said time the agent was discourteous in his manner and in his talk Complaint was taken up with defendant company and said company advised that its investigations sustained the complaint that the agept was not furnishing satisfactory service and that he would be discharged as soon as a competent man could be found to take his place Complainant so advised and no further complaint received Complainant complained that the defendant company discriminated in rates for switching service at Waycross Ga charging some 200 per car while he was charged 400 per car Copy of complaint served by Commission on defendant company with request that full response be made as to the occasion of the application of different rates complained of and this matter is still undergoing investigation Atlanta Oil Ferta Company storage house on railroad rlghtofva VS Filed November 15th 1909 Central of Georgia Railway Company J Complainants complained of refusal of the defendant company to rent them FILE NO 9114 H T Stoy Inattention of agent at Cordele Filed November 16th 1909 vs Georgia Southern Florida Railway FILE NO 9115 E L Gorman vs Atlantic Coast Line Railroad FILE NO 9116 storage room in its depot at Porterdale Ga alleging that its depot at that poto 319 was operated for the exclusive use of the Bibb Manufacturing Company and contending that if depot space was rented to one individual or firm similar facilities should be afforded others upon like terms Upon handling the matter with the defendant company said company denied that it was furnishing special facilities to the Bibb Manufacturing Company and that the facilities desired by complainants could not be furnished because to rent storage room in its depot at Porterdale to complainants would necessitate it doing likewise at any other station where parties desired such facilities On December 16th 1909 the railroad company wrote complainants copy of which letter was furnished the Commission advising them that if they could find private property at Porterdale Ga suitable for a storage warehouse it would assist them in utilizing same in as convenient and economical manner as possible The Commission wrote complainants in line with letter of the railroad company above referred to advising them to notify it if the Commission could further serve them but no further response received This was a petition that the Georgia Railway Electric Company he required to place different colored lights on the fronts and sides of its cars denoting the routes or streets over which said cars operated certain colors being used for the several different routes Matter was handled with the defendant company and said company contended that Such a requirement would be unreasonable and in addition to its being impracticable in Atlanta would serve no general demand and said company declined to supply the service desired by petitioner The Commission advised petitioner that it would be necessary to have a hearing in this matter before any definite disposition could be made thereof and informed him that a date would be fixed for said hearing if that was desired Petitioner acknowledged receipt of the Commissions notice and advised that he would take the matter up at a later date but no further response has been received Points in South Georgia The desired information was promptly furnished FILE NO 9117 W S Wilson vs Georgia Railway Electric Company Signs denoting routes of street cars Filed November 13th 1909 FILE NO 9118 This was request for information as to rates on marble from Marietta Ga 0 Points in QvmiV rmx 42 320 but in checking up the rates in question the Commission found that the Western Atlantic Railroad Company published a rate of 35 cents per hundred pounds on marble from Marietta to Fitzgerald and 33 cents to Tifton Georgia whereas the maximum rate authorized by the Commission between said points was 28 cents per hundred pounds The attention of the railroad company was called to said facts and said company promptly issued a supplement to its tariff in question publishing a rate of 26 cents per hundred pounds on marble from Marietta Ga to both Fitzgerald and Tifton Georgia FILE NO 9119 Jno W Zuber 1 Claim for penalty demurrage f Filed November 16th 1909 Central of Georgia Railway Company J This claim was filed account delay in transportation of car of lumber from Cherokee Ga to Atlanta Georgia Upon handling claim with defendant company said company admitted that three days in excess of the time prescribed by the rules of the Commission was used in transportation of said car but contended that said three days should be counted as free time for the reason that the car reached Macon in bad order and had to be repaired Upon further investigation the Commission found that while the car had to be repaired at Macon the railroad company consumed seven days in moving car after repairs were made from Macon to Atlanta and hence more than the number of penalty days claimed were consumed in excess of the time prescribed by the rules of the Commission after the occasion for a suspension of said rule accident to car bad been removed The Commission accordingly held that the provisions of its rule suspending the operation thereof in cases where delays were occasioned by accidents did not apply in this case and that claim was properly filed and due Upon receipt of this information the railroad company advised that voucher would be issued in the amount deemed by the Commission to be due and no further complaint has been received in said matter FILE NO 9120 W M Lewis Atty Claim for damage VS Filed November 17th 1909 Seaboard Air Line Railway CompanyJ This claim was filed account damage resulting from delayed transportation shipment of turpentine Matter handled with the defendant company and elm paid December 31st 1909 321 FILE NO 9121 T W Reese l Failure to furnish information as to va L arrival of passenger trains Georgia Southern Florida Railway J Filed November 18th 1909 Complainant wired the Commission as follows Agent here states when he gets to it he will report train now six minutes from train time Is this right Upon handling this matter with the defendant company the agent of said company at Lake Park advised the Commission that when complainant requested information as to the train in question he was busily engaged in selling tickets and told complainant that he would inform him as to how the train was running as soon as he could secure a report thereon but that complainant insisted that the information should be ready when called for by passengers Said agent further stated that this train arrived on time The Commission furnished the agent with copies of its rules requiring the bulletining of trains when late for his information and guidance and likewise forwarded to complainant copy of said rule and advised him of the statements of the railroad agent and requested him to inform the Commission of any instance where railroad companies failed to comply with the rules of the Commission in this or any other matters but no further communication has been received This was a petiton of a number of merchants business men and other citizens of Atlanta praying that the defendant company be required to install in its office in Atlanta telephones of the Atlanta Telephone Company the contention being that said office could not be reached by phone except over the lines of the Southern Bell Telephone and Telegraph Company and that as many business houses in Atlanta only had the telephone service of the Atlanta Telephone Company the additional service desired of the defendant company was necessary to supply the adequate service and acommodations to which the patrons of said company were reasonably entitled Matter handled with the defendant company and said company contended that its telephone service was altogether adequate to the demands made upon it and that it would be unjust and unreasonable to require it to install telephones of another telephone company and that there was no necesity therefor The Commision advised petitioners that in view of the position of the defendant company it would be necessary to have a hearing in this matter in order that a more detailed statement could be made before any order could be issued and that a date would be fixed for that purpose if a hearing was desired but no further response received from them FILE NO 9122 Daly Chambers Smith Attys vs Southern Express Company Atlan 322 FILE NO 9122A Stuart Lumber Company vs Atlantic Coast Line Railroad Claim for overcharge Filed November 18th 1909 This was a claim for overcharge on shipment of lumber moving from Brinson Ga to Montgomery Alabama Upon examination of the claim papers the Commission found that the railroad company had declined claim and the Commis sion therefore wrote claimants that inasmuch as the shipment out of which the claim accrued was interstate it had no jurisdiction over claim and could mot therefore effect a settlement thereof and advised claimants that if they so desired this Commission would represent them before the Interstate Commerce Commission on a petition for refund of any overcharge that might have been collected but no further response was received from them This claim was filed account damage to carload shipment of mineral water moving from Lithia Springs Ga to Savannah The Commission took the matter up with the defendant company and said company contended that shippers in loading car failed to brace the cases or carboys containing the water and same were not therefore in position to stand ordinary transportation and that as no rough handling of shipment occurred in transit claim was declined upon advice of its counsel for the reason that the railroad company was not at fault The Comxfiission advised claimants of the contentions of the railroad company and further advised them that since it had no authority to require the payment of claims their only recourse if they desired to further pursue claim would he a suit in the courts Complainant complained that the defendant company charged him 225 passenger fare between Waycross Ga and Live Oak Fla whereas the published rate between said points was 215 The Commission advised complainant that as the matter complained of grew out of an interstate transaction same was beyond its control but at the same time took the matter up with the defendant FILE NO 9123 Livingstons Pharmacy vs Atlantic Coast Line Railroad Filed November 19th 1909 FILE NO 9124 James Lee vs Atlantic Coast Line Railroad passenger 323 company and said company replied that the agent had in some unaccountable way incorrectly charged complainant and that such handling would be given the matter as would prevent a recurrence of a similar complaint and as was necessary to satisfactorily dispose of the one in hand Complainant so advised and no further complaint received The record in this matter covers sale of telephone property of Hinson Brothers in the towns of Blackshear Lumber City Baxley and Hazlehurst Georgia to the Southern Bell Telephone and Telegraph Company showing the terms and conditions of said sale The record in this case covers communications from various manufacturers of stoves in the State with reference to action of the Southern Classification Committee in adopting a rule requiring less than carload shipments of stoves when moving interstate to be packed and requesting that if a petition should be filed with the Commission for authority to enforce said requirement on shipments between points in Georgia that they be given an opportunity to be heard before any action was taken by the Commission All parties were advised that the action of the Southern Classification Committee complained of did not affect shipments between points in Georgia and that the Commission had not authorized any change either in rates or the method of preparing stoves for shipment between points in Georgia and that no change would be authorized without all parties at interest being given full opportunity to be heard This was a claim for refund of demurrage charges assessed on shipments of hoes moving from Columbus Ga to West Point Ga claimants basing their FILE isyo 9125 Hinson Brothers Baxley Georgia Y Sale of telephone properties at Baxley and other cities to the South ern Bell Telephone Telegraph Company Filed November 24th 1909 FILE NO 9126 Atlanta Stove Works et al vs Railway Companies Packing LCL shipments of stoves Filed November 24th 1909 FILE NO 9127 BrittCarson Shoe Co vs Atlanta West Point Railroad 324 claim for refund upon the ground that the delivering carrier had failed to notify shippers that shipment remained in depot at destination undelivered Upon examination of the claim papers the Commission found that claim had been declined by the railroad company upon the ground amongst others that the shipment being Interstate moving via Montgomery was not subject to the rules of the Railroad Commission of Georgia The Commission took the matter up with the Southeastern Demurrage Bureau representing the defendant company in demurrage matters and requested said bureau to consider claim without reference to the question as to the jurisdiction of this Commission and the application of its rules but consider claim from the standpoint of merit Said bureau advised that under rules filed with the Interstate Commerce Commission and under decisions of that Body railroad companies were not required to notify shippers of undelivered shipments and that if claimants had suffered damages they had their recourse in a claim of that character The Commission advised claimants of the position of the railroad company and that as it had no authority to require the payment of claims but could only make the law governing same which the courts along could enforce or punish for violation it could not serve them further but would assist them in any further way that they might suggest but no further response received from them Petitioners requested the Commission to adopt a rating on dried beet pulp the same as applicable on bran namely class P per carload of 25100 pounds petitioners contending that this commodity was a dairy food of about equal value of bran Copy of petition furnished the various railway companies in the State with request that they submit their views thereon and state whether oi not they entertained any objection to the rating desired and if any objections were entertained to give their reasons therefor Said companies made response and strongly opposed the adoption of rating desired No disposition has as yet been made of said petition Claimants requested information as to the correct rate on lumber from Guysie and Sessoms to Savannah Ga stating that prior to March 1st 1908 defendant company published a rate of 1600 per minimum car between said FILE NO 9128 W S Duncan Co vs Railway Companies FILE NO 9129 Claim Adjustment Company Atlanta Birmingham Atlantic Rail vs Claims Filed November 24th 1909 road Company 325 points but that effective on that date said company increased said rates to 1710 per car The Commission advised claimants that as no authority had been granted to the railroad company to increase these rates the lawful rate was 1600 per car and further advised them that if they should experience any difficulty in securing adjustment of claims upon that basis it would assist them in whatever way was necessary but no further response received FILE NO 9130 P J Rice vs Central of Georgia Railway Company LTrains blocking street crossings Charleston Western Carolina Rail Filed November 25th 1909 way Company Complainant complained that the trains of defendant companies oftentimes blocked street crossings near his coal and wood yard much to his inconvenience and to the inconvenience of the public generally The Commission called upon its Special Attorney for his opinion as to the authority of the Commission to correct the matter complained of and said Special Attorney advised that the proper course for complainant to pursue was to handle same with the Solicitor General of the Augusta Circuit who would advise the Grand Jury in reference to the matter The Commission so advised complainant and at the same time took up the matter with the railway companies Said companies contended that they were not violating the law in the premises and refused to recognize any merit in complainants complaint Pull information as to the handling of the matter by the Commission furnished complainant and no further response received from him FILE NO 9131 National Paper Company Classification of pasteboard shirt vs L boards Railway Companies J Filed November 25th 1909 This was a petition for adoption by the Commission of rates on pasteboard shirt boards used by launderers in preserving the stiffness and shape of shirt fronts Petitioners complained that the railway companies were assessing freight harges on shipments of such boards when printed the same as applied on printed material notwithstanding the fact that the classification on wrapping paper was the same whether printed or not printed This matter was handled with the railway companies and after investigation and consideration of the Commissions record the Board adopted 6th class for shirt boards whether printed or not printed and said rating was published in circular No 345 V 326 FILE NO 9132 Citizens of Durham Ga j vs Petition for depot and express agency Central of Georgia Railway Company f Filed November 27th 1909 Southern Express Company J This was a petition numerously signed by citizens of Durham Ga and vicinity praying that the Central of Georgia Railway Company be required to erect a depot and the Southern Express Company to establish an agency at that point The matter was taken up by the Commission with the defendant companies and the Central of Georgia Railway Company advised that the conditions at Durham were somewhat different from those at other stations and that the situation was rather peculiar but that investigations as to the desired improvements were under way and a conclusion would be reached as soon as possible The express company advised that its action on the petition would have to be deferred until a depot buildingwas provided No disposition of this matter has yet been made i FILE NO 9133 IVI H King Central of Georgia Railway Company Delayed passenger trains Filed November 29th 1909 Complainant complained that the defendants passenger train No 8 due to arrive at Atlanta 805 A M was frequently late and in consequence thereof patrons of said train living at Jonesboro and other stations near Atlanta were greatly inconvenienced Upon taking the matter up with the defendant company said company advised the Commission that the matters complained of were true but that such attention had been given the matter and such ad justmenirmade as would show improved service from that time forward Complainant so advised and no further complaint received FILE NO 9134 Tennille Oil Company vs Central of Georgia Railway Company Wrightsville Tennille Railroad Co Claims for refund of demurrage charges Filed November 30th 1909 Complainants called in person at the office of the Commission and complained that the defendant companies refused to place for unloading cars consigned to them upon the ground that complainants were due them certain demurrage bills and until same were paid no service would be rendered them by said railroad 327 companies Complainants contended that the charges alleged to he due were not lawfully due The Commission promptly issued the following order which fully explains the nature of complaint and direction given same by the Commission Complainants submit to the Commission numerous expense hills covering demurrage charges demanded by the defendant companies named which complainants allege are demanded in violation of the rules of this Commission Tennille Oil Company complains that the defendant companies have refused and now refuse to place further cars upon complainants side track for unloading until the alleged unlawful demurrage charges are paid Complainants advise the Commission that they are ready and willing to make good and sufficient bond to the above named defendant companies in the amounts of their respective hills against them for the true payment of same if upon final consideration thereof by the kailroad Commission of Georgia same should be held to be due ORDERED That the Wrightsville and Tennille Railroad Company the Central of Georgia Railway Company and Sandersville Railroad shall immediately upon receipt of copy of this order and the execution of bond by complainants as above proceed in the customary transaction of business with complainants upon the same terms and conditions as governed prior to the accruing of said alleged unlawful demurrrage charges ORDERED FURTHER That this matter be set down for formal hearing before the Commission at its meeting to be held December 16th 1909 at 1000 A M at which time all parties at interest are hereby given notice to be present or represented Prior to the date fixed for the responses of the railway companies said companies advised that the matters complained of had been satisfactorily adjusted with complainants and that no hearing would be required The Commission accordingly closed its file in this case FILE NO 9135 Inspection of the Macon Railway Railroad Commission of Georgia L Light Companys plant and service J Filed November 30th 1909 The record in this case covers an inspection made by Commissioner Hillyer of the plant and service of the Macon Railway Eight Company said record showing the report of the Commissioner making the inspection which sets out the machinery buildings and other property of the company and the form of contract said company requires its customers to sign for electric current and similar services 328 FILE NO 9136 Claim Adjustment Company vs Atlantic Coast Line Railroad Claims for overcharge Filed November 30th 1909 This was a claim for overcharge on shipment of cross ties from Broxton 6a to Brunswick Ga claimants basing their claim upon a rate of 1500 per minimum car whereas freight charges were collected on basis of 1710 per car Upon examination of the claim papers and after investigation the Commission found that to authority for the rate of 1500 contended for by claimants existed and that the charges collected were assessed upon the proper basis Claimants so advised and no further response received Complainant complained that the defendant company operated telegraph service to points on its line charging 25 cents in addition to the charges assessed by the Western Union Telegraph Company in forwarding messages to the nearest office of said company to the point of final destination This matter was taken up by the Commission with the defendant company and said company advised that it had furnished telegraph service to the people living along its line of road who could not otherwise enjoy such service as no telegraph company operated along said line but further informed the Commission that it was then negotiating with the Western Union Telegraph Company with a view of contracting with said company for the maintenance of telegraph services along its line and that contract would likely be closed within two weeks from that time Commision so advised complainant and requested the defendant company to hurry negotiations as much as possible No further complaint that has been received upon this score Complainant complained that the defendant company refused to place cattle guards where its line of road crossed his pasture notwithstanding the fact that the right of way of said road through his property was given said company by FILE NO 9137 R A Hendricks vs Georgia Florida Railway Company FILE NO 9138 Felix D Moore Atlanta Birmingham Atlantic Rail vs Installation of cattle guards Filed December 1st 1909 road Company y 29 him without any charge Upon taking this matter up with defendant company said company advised that the receipt of the letter of the Commission was the first intimation that Mr Moore desired his stock gaps and that the matter would be promptly investigated and such action taken as was right and proper On February 7th 1910 complainant advised the Commission that the railroad company had arranged to provide the stock gaps which satisfactorily disposed of his complaint the Commission accordingly closed its file Citizens of Ochillee Ga and vicini Additional passenger train accommo Petitioners desired the defendant company to stop its passenger trains Nos 9 and 10 known as the Seminole Limited at Ochillee Ga when flagged petition being based upon the ground that the present passenger train service furnished petitioners was inadequate in that it was impossible for them to visit Columbus for a days business and reach home on the same day and upon the further ground that the trains which were desired stopped when flagged were stopped at other stations similarly situated Copy of the petition served by the Commission on the defendant company and said company replied that negotiations had been entered into by representatives of said company with representatives of petitioners with reference to a satisfactory disposition of this matter and requested the Commission to allow them a reasonable time within which to conclude said negotiations No disposition has yet been made of said matter Various citizens of Uvalda Ga and vicinity petitioned the Commission to Require the Georgia Florida Railway to erect a depot building and establish an agency at that point Upon handling the matter with defendant company said company replied that it had been giving consideration to the construction of necessary depot facilities at Uvalda Ga and recognized the reasonableness of the demands for such accomodations but advised further that the people of Charlotteville Ga a station two miles from Uvalda Ga also desired depot accommodations and agency service and that while the railway company was willing to provide the facilities at one of said stations it was not willing to erect depot buildings and establish agencies at both of said stations The matter was taken FILE NO 9139 vs Central of Georgia Railway Compai dations Filed December 3rd 1909 FILE NO 9140 Citizens of Uvalda Ga vs Georgia Florida Railway station 330 up by the Commission upon request of the parties at interest for the purpose of determining where the agency station should be located The matter was set down for hearing and all parties at interest duly advised at said hearing the people of both Uvalda and Charlottesville Ga appeared by counsel and delegations of citizens and the railway company appeared by its General Manager and other officials After hearing from all parties desiring to be heard the Commission was of the opinion that a more intelligent ruling could be made in this matter after a committee of the Commission visited Uvalda and Charlottesville Ga and made a personal inspection of the necessities at each place for depot facilities and agency service Accordingly Commissioners Hillyer and Candler were appointed for that purpose and this committee made said inspection The Committee recommended that a depot building be erected and agency station be established at Uvalda and that a passenger and freight shelter or platform facilities be provided at Charlotteville and also that certain side track improve ments be made at the last named place The report of the Committee was adopted and order in line therewith issued by the Commission Complainant complained that the passenger coaches operated by the defendant company were in a dilapidated and dangerous condition The matter taken up by the Commission with the railway company and said company advised that while the passenger coaches referred to were not in a dangerous condition same were unsightly and that a new car had been purchased which was to be delivered within ten days that another car was then in the Macon shops undergoing repairs which would be ready for service in about the same length of time and that a third car would be placed in the shops as soon as the car that was then being repaired was put in service all of which would not only make the equipment safe but attractive Complainant advised of the results of the Commissions handling of the matter and no further complaint received The Commissioners having heard oral complaint and themselves observing the conditions complained of that the cars of the Georgia Railway Electric Company were not being heated notwithstanding the weather conditions justified that being done called the attention of the officials of the railway company to FILE NO 9141 J F Hatchett vs Macon Birmingham Railway FILE NO 9142 Railroad Commission of Georgia Heating street cars in Atlanta Filed December 8th 1909 331 said matter and the President of said company promptly advised that he had given instructions that heat be provided on all cars No further complaint was received upon this score This claim was filed account alleged overcharge on shipment of cross ties from G S F Rwy stations to Brunswick Georgia claimants basing their contention for refund upon the combination of rates via Haylow Georgia while the defendant company refused to apply the Haylow combination Upon investigation the Commission found that the G S F Rwy and A C L R R while not themselves having physical connection at Haylow had interchanged carload business at that point using the tracks of the rStatenville Railway Company The Commission advised claimants that combination on Haylow was proper provided an additional charge of 200 per car was added to the combination of rates to cover trackage or transfer charge of the Statenville Railway Company No further complaint received upon this score This record was consolidated with File No 9168 a brief of which will be found under said number in its regular order This was a complaint that the defendant company failed to supply equipment for the movement of cotton cotton seed and other commodities and that delays oftentimes occurred in the forwarding of shipments Matter taken up with the defendant company and said company admitted that complainants had cause of complaint which it claimed was due to the fact that the company was with FILE NO 9143 Claim Adjustment Company vs Atlantic Coast Line Railroad FILE NO 9144 Nixon Grocery Company vs Georgia Railroad FILE NO 9145 Cal Chas Harman vs Macon Birmingham Railroad to secure cars Filed December 13th 1909 Delayed transportation and inability 332 out sufficient motive powersome of its engines then being in the shops which made it impossible to operate extra trains to take care of the increased business offering Said company advised however that since the filing of this complaint all business had been taken care of and such efforts would be put forth in the future as would probably take care of the demands of this character Messrs Brown Brown Attys filed with the Commission petitions numer burg Locust Grove Stockbridge and Pepperton Ga petitioning the Commission to require the defendant company to change the schedule of its passenger train No 7 operating between Macon and Atlanta so that said train would arrive at Atlanta not later than 830 A m instead of 1040 AM The matter handled with defendant company and said company contended that the schedules in effect had been operated for many years and were so adjusted as to best serve the majority of the patrons of said train The Commission assigned said matter for hearing and notified all parties at interest Upon consideration of the evidence submitted at said hearing the Commission was of the opinion that no change should be made in said schedule and petitioners were so advised This was a petition numerously signed by the citizens of Flippen Ga requesting the Commission to require the defendant company to provide scales in its freight warehouse at that point complaint being made that said warehouse was without any means of weighing shipments Matter taken up with the defendant company and said company on December 2nd 1909 advised that requisition had been made for a pair of scales which would be placed in the Flippen depot immediately upon their receipt Petitioners were so advised by the Commission with request that they inform it of any delay in furnishing scales and on February 16th 1910 petitioners advised that scales had not been supplie11 The Commission promptly took the matter up again with the railwaycompany and gave instructions that scales be furnished without any further delay and no further complaint has been received FILE NO 9146 Brown Brown Attys vs Southern Railway Company schedules ously signed by citizens of McDonough Jackson Flovilla Ellen wood Jenkins FILE NO 9147 Citizens of Flippen Ga vs Southern Railway Company 333 FILE NO 9148 Lon Dickey Lumber Company 1 Claim for refund of demurrage characs Fitzgerald Ocilla Broxton Railroad lt Li Filed December 8th 1909 Company j Claimants filed claim for 400 against the Fitzgerald Ocilla and Broxton Railroad Company account alleged unlawful assessment of demurrage charges covering shipment of lumber moving from Horton Ga a nonagency station on defendants line of road to Vincennes Ind Claimants advised that they sold the lumber delivered and had no knowledge of any demurrage charges being due until they came to make settlement with consignees It appeared that the demurrage charges accrued at Horton account delay of shippers to give shipping instructions Claimants contended that if charges accrued at Horton same should have been shown on billading Upon investigation the Commission found that shipment moved from Horton upon Conductors blue bill and was regularly billed at Osierfield Ga but claimant did not present blue bill at Osierfield and secure regular billlading The railroad company contended that if claimant had surrendered blue bill a standard billlading would have been issued showing the demurrage charges which had accrued The Commission advised claimants that inasmuch as the shipment was interstate it was not subject to its jurisdiction and consequently its rules did not apply and that if the statements made by the railroad company as above set out were correct it would appear that the transaction was regular and demurrage charges lawfully assessed Claimants requested to advise the Commission if the facts were different from those above stated but no further response received FILE NO 9149 Petition to discontinue agency station at Nickajack Ga Filed December 15th 1909 The above named railway company petitioned the Commission for authority to discontinue agency station maintained at Nickajack Ga upon the ground that file receipts at said office did not warrant its maintenance Said company claiming that the total receipts at said station both passenger and freight for the 10 months ending October 1909 aggregated only 15471 Copy of the petition forwarded by the Commission to parties interested requesting that they make known to the Commssion any objections with reasons therefor that might tie entertained to a favorable consideration of the railway companys petition Mid said parties requested that no action be taken by the Commission until they had opportunity to confer with other parties interested as a hearing before the Commission would be desired by them No disposition has yet been made of said matter 334 FILE NO 9150 Wm Bales I Inability to secure empty cars I Filed December 13th 1909 Central of Georgia Railway Company J Complainant complained of his inability to secure empty cars for the shipment of lumber from his saw mills at Beech Hill and Bales Ga stations on the defendants line of road Matter taken up by the Commission with the railway company and said company advised that the equipment desired by complainant had been supplied and such instructions given the proper employees of the company as would prevent a recurrence of a similar complaint Complainant so advised with request that he inform the Commission of any further cause for complaint but no further complaint received FILE NO 9151 J A Betjman Request for information Albany Georgia Filed December 13th 1909 This was request for information as to the right of railway companies to reduce a rate for temporary operation and to increase or restore same to its former figure at the pleasure of the railway companies The Commision advised party that while railroad companies were not authorized to change rates in this manner it had no specific rule at present on this point but had then under consideration the adoption of such a rule as would prevent practices of the kind referred to This rule was adopted by the Commission as General Order No 14 and same will be found in full in this report under heading GENERAL ORDERS OF THE COMMISSION FILE NO 9152 E J Fuller VSj Central of Georgia Railway Company Delayed transportation Filed December 13th 1909 Complainant complained of delay in the transportation of an iron girder from Tennille to Sparks Georgia Upon handling the matter with the railway company said company advised that said shipment was tendered to on Friday December 3rd 1909 and because of length of the girder it was necessary to supply extra large equipment to handle same that a car of sufficient size could not be furnished at Tennille until the next afternoon which was Saturday and by reason of the following day being Sunday shipment was not forwarded until Monday December 6th that car reached Macon on the 7th where some work had to be done on car which was finally turned ovr 335 l to the G S F Rwy on December 8th and delivered at destination on December 11th The Commission advised complainant of the result of its investigation and requested him to advise it if the reasons given by the railway company as causes for delay did not satisfactorily explain his complaint but no further response received 9 FILE NO 9153 Atlantic Coast Line Railroad Rates on cedar logs Savannah Georgia j Filed December 10th 1909 This was a petition for authority to publish rates on cedar logs 3 cents per hundred pounds higher than the ordinary log rate The Commission advised the petitioning company that it could not grant the authority prayed for without a more formal application being filed and after giving notice to all parties that would likely be interested therein and affording them a nopportunity to be heard but no further response received from said company FILE NO 9054 j Rule governing door delivery of exRai I road Commission of Georgia s press packages J Filed December 18th 1909 The record in this case covers investigation and action of the Commision with reference to door delivery of express packages Complaints being received from time to time as to the limits fixed by the Southern Eexpress Company in the various cities in the state within which door delivery of packages would be made the Commission was of the opinion that an investigation into this matter should be made and on December 8th 1909 addressed a communication to the proper official of the Southern Express Company and the Adams Express Company calling upon them to show cause if any they could why a rule should not be adopted by the Commission fixing the limits in the various cities and towns in the state where free delivery was maintained and furnished said companies with a copy of a rule which it was considering with a view of adopting game Each of said companies made response and upon consideration of same and of the matters relating to the subject generally the Commission on January 7th 1910 adopted the following rule same being made Express Rule No 13 In cities or towns in this state where delivery service is maintained by an express company no extra charge shall be made for door delivery within a ra ius of one mile from the office of such company provided the point of deivery is within the corporate limits of any such city or town 336 FILE NO 9155 Planters Oil Company vs Atlantic Coast Line Railroad Irregular placing of cars for unload ing Filed December 14th 1909 Complainants complained of demurrage charges assessed on a car of cotton seed contending that had the defendant company placed said car for unloading in its regular order no demurrage would have accrued Upon investigation it appeared that when the car in question reached destination complainants had several cars for unloading on their side track which were then on demurrage and following the arrival ofthe car of cotton seed upon which demurrage charges were assessed other cars arrived which were placed for unloading before the car referred to was placed hut said car was then on demurrage as well as the cars which arrived subsequent to it and which were placed first It therefore appeared that as all cars were on demurrage it was immaterial so far as the assessment of demurrage charges were concerned which car was placed for unloading first as charges in the same amount per car would accrue against one car as another The Commission so advised complainants and no further complaint received At the same time however the Commission directed the railroad company to see to it that cars were placed Ip their regular order unless it was directed otherwise to do by the consignees Complainant complained that the defendant company failed to move three cars of live stock tendered on different dates on the train which passed along in the early afternoon and which reached Augusta the destination of sai shipments in time for the stock to be unloaded on dates of shipment Complainant stated that he had beenshipping cattle and other live stock by this train for a number of years and that only until recently had the defendant company failed or refused to move same by said train Copy of complaint served by the Commission on defendant company and said company advised that the reason for its failure to move the shipments referred to by the train in question was that said trains on the dates named were carrying important through freight dependent on connections at Augusta which if missed would necessitate a delay in delivery of said through freight of 24 hours and that as a second section of said train was immediatly following which reached Augusta a short time after the first section the live stock of complainant was held for said second section of schedule referred to and was carried by said last named train Copy of response of defendant company furnished com FILE NO 9156 Jas B Dolvin vs Georgia Railroad 337 plainant with request that he advise the Commission if the same did not satisfactorily explain the delay in the movement of his freight and to inform it of any further cause of complaint but no response received from him Mr S C Cooper and several others complained that the trains of defendant companies often times failed to make connection at Jesup Georgia and consequently passengers desiring to change cars at said point were greatly inconvenienced The Commission took the matter up with the railway companies named and said companies made full answers explaining the causes of the delays complained of The Commission requested said companies to exercise all efforts possible to make the connections at Jesup and furnished complainants with full information as to the result of its handling requesting them to advise it of any further cause of complaint along this line but no further response received from them Complainant complained that the passenger train service of the defendant company between Savannah and Macon was inadequate and stated that trains Nos l and 2 were often crowded upon reaching Tennille Georgia and that passengers between that point and Macon and Savannah were thus inconvenienced and also petitioned the Commission to require an additional passenger train Put on between the cities named The Commission handled the matter with defendant company but said company denied the allegations in the complaint and contended that the service was in all respects adequate to the demands of the traveling public between said points The Commission thereupon sent lts tuspector to this part of defendants line with instructions to make daily observations and note the number of passengers on trains and the number of seats furnished by the passenger equipment used Said inspector spent a week on this part of the line and filed a detailed report of his observations Upon consideration of the record the Commission found that the travel was uot sufficient to authorize the requirement of additional equipment put on the rain in question as it appeared on each day on which these observations were FILE NO 9157 S C Cooper et al vs Jesup Atlantic Coast Line Railroad Southern Railway Company FILE NO 9158 service 338 made there were empty seats at all times between the stations referred to The Commission thereupon advised complainant that the investigation which it had made did not warrant the granting of his request as to additional equipment on trains Nos 1 and 2 and that since the railway company also contended that there was no necessity for additional trains between Savannah and Macon the Commission could issue no order with respect to that matter until after a formal hearing at which all parties at interest could appear and he heard advising complainant that a date would be fixed for such hearing if he so desired Complainant advised in response to said communication that he did not wish to further pursue the matter The record in this case covers protest filed by the Columbus Board of Trade against the discontinuance by the Southern Railway of stopping its trains passenger at Pinedale Georgia Subsequent to receipt of said protest other parties requested the Commission to disallow the discontinuance of said flag stop The Commission advised all parties that no petition had been filed by the Southern Railway for authority to discontinue this stop and that if one was filed no action would be taken thereon until after all parties at interest had been given opportunity to be heard FILE NO 9160 H Cook Son Complainants requested information as to whether or not correct charges were assessed on shipment of cross ties from Wards to Hazlehurst Georgia Upon investigation the Commission found that there were no track scales avail able for weighing carload shipments moving between the above named points and the railroad company billed cars of cross ties moving between said points on basis of 48000 pounds per car The Commission advised the railroad company that there was no authority for the assessment of charges on an arbitrary basis of 48000 pounds per car and that charges must be assessed on actual weight no estimated weight being provided for cross ties Said company advised that it would send a special representative to confer with complainants with a view of satisfactorily adjusting their complaint and for the purpose of making satisfactory arrangements for future shipments On Feb FILE NO 9159 Columbus Board of Trade vs Southern Railway Company vs Georgia Florida Railway 339 ruary 7th the defendant company advised the Commission that a conference with complainants had been had and complaint had been satisfactorily disposed of The Commission advised complainants of the receipt of this advice from the railroad company and requested them to inform it of any further cause for complaint but no further response received from them FILE NO 9161 Consolidated Naval Stores Co vs increase in rates on naval stores Georgia Florida Railway Co J Filed December 20th 1909 Complainants complained that the rates on naval stores from Sapps Still Ga and other stations on defendants line of railroad to Savannah had been increased from 19 to 19 12 cents per hundred pounds on turpentine and from 12 cents to 13 cents per hundred pounds on rosin Upon investigation the Commission found that the matters complained of were true and that the railroad company had increased said rates without first securing authority of the Commission so to do The Commission thereupon ordered said railroad company to restore rates to the figures formlerly in effect This the railway company promptly did and subsequent thereto filed petition for authority to revise rates from said stations to Savannah Ga based on lowest combination The occasion for said petition was the relocation of defendants line which brought about changes in distances from certain of its stations to Savannah Defendants line from Hazlehurst to Douglas had been shortened by building a branch from a point on said line between Hazlehurst and OBroxton to Douglas and the abandonment of operations of that portion of its lines from said point to Broxton This brought about changes in mileage and as rates from said stations to Savannah had theretofore been made on basis of lowest combination of mileage the railway company desired to change rates according to the changed mileage The Commission gave notice of said petition to complainants and other interested parties shipping naval stores and after due hearing and consideration or the record in said case the authority prayed for was granted March 10th FILE NO 9162 Railroad Commission of Georgia NI Rule forbidding increase in rates without the authority of the Commis sion Filed December 23rd 1909 This file covers correspondence had with the Commission by various railway companies and other corporations and individuals relative to the rule 340 adopted by the Commission forbidding any increase in rates or the withdrawal of any special facility or service without the consent of the Commission first being obtained The Commission observed that the various corporations and companies subject to its jurisdiction were from time to time changing rates and service and that in many instances such action worked to the inconvenience and damage of their patrons The Commission was of the opinion that some rule should be adopted by it which would require all corporations and companies doing business in this state subject to its jurisdiction to first secure authority from this office before increasing or discontinuing any rate or service Circular No 314 was therefore extended so as to cover not only rates between points in Georgia but to cover any service facility or charge and this extension was published in General Order No 14 copy of which will be found in this report under heading GENERAL ORDERS OF THE COMMISSION This file covers correspondence with the various railway companies and other companies in this state subject to its jurisdiction relating to General Order No 15 which required all such companies to file in the office of the Commission complete copies of their tariffs of rates and charges This order was issued by the Commission for the purpose of providing a full and complete tariff file in the office Copy of said General Order will be found in this report under heading GENERAL ORDERS OF THE COMMISSION Complainant complained of the failure of the defendants passenger trains Nos 5 and 6 operating between Macon and Valdosta known as the ShooFly to maintain their schedules This matter was taken up with the railway company and said company replied that the frequent delay to these trains was due to the fact that they were operated as mixed freight and passenger trains and the local work along the line of road hindered the maintenance of advertised schedules the railway company contending that the passenger business done by said trains did not warrant their operation as strictly passenger trains After some correspondence however the railway company on January FILE NO 9163 Railroad Commission of Georgia FILE NO 9164 M M Brinson Jr Georgia Southern Florida Railway vs Delayed passenger trains Filed December 20th 1909 Company 341 10th 1910 advised the Commission that it had decided to operate these trains as exclusive pasenger trains which would enable said trains to better maintain schedules Complainant so advised and no further complaint received FILE NO 9165 C W Miller vs Georgia Railroad Complainant complained of refusal of defendant company to accept shipments of cotton and issue billslading therefor after 400 P M Matter taken up by the Commission with the defendant company and said company denied matters complained of and contended that the failure of complainant to secure billslading for the shipments in question was due to the failure of complainant to call for same that the agent was ready to issue the bill and would have done so had complainant called for it Copy of response of railroad company furnished complainant with request that he inform the Commission of any statement of said company with which he took issue but no further response received from him Refusal to receipt for shipment of cotL ton after 400 P M J Filed December 21st 1909 FILE NO 9166 S C Prim vs Central of Georgia Railway Company Delay of agent in delivering baggage Filed December 21st 1909 Complainant complained that he was inconvenienced by the absence of the agent of the defendant company at Griffin Ga from his office on the morning of December 20th 1909 and his consequent inability to secure the release of his baggage Matter taken up by the Commission with the defendant company and said company advised that the matter complained of was true hut explained that the absence of the agent at the time referred to was due to the Illness of agents wife Said company advised howpver that such instructions had been given as would prevent a recurrence of this complaint The Commission furnished complainant with full information as to its handling of his complaint and requested him to advise it of any further cause of complaint r if the explanation of the railway company in this instance was not satisfactory hut no further response received from him 342 FILE NO 9167 Georgia Southern Florida Railway 1 Petition to withdraw special rates Company j Fed December 22nd 1909 This was a petition of above named railway company for authority to withdraw special rates published by it on pine stumps from its local stations to Valdosta Georgia The occasion of said request being that the plant at Valdosta for which the rates were published was no longer in existence and consequently there was no further demand for said rates The Commission forwarded copy of the railway companys petition to Valdosta Board of Trad with request that they advise the Commission whether or not there were any objections to a favorable consideration of said petition and said Board of Trade advised that the statements of the railway company were correct and as there was no demand for the rate in question no objections were entertained to the withdrawal of same The authority prayed for was granted by the Commission January 12 th This was a claim for refund of 359 demurrage charges collected on shipment from Augusta to Harlem Georgia which was refused at destination Claimants claimed that the railroad company failed to notify them that shipment was on hand at destination undelivered as is required by Storage Rule No 6 and accordingly demurrage charges were improperly assessed The matter was taken up by the Commission with the defendant company and said company after investigation advised the Commission that the charges were assessed in error its agent confusing this shipment with another shipment and said company further advised that refund of the charges collected would be made to claimants The Commision so advised claimants and no further complaint received from them American Box File Mfg Company V cajm fop refund Qf demurrage VS I Filed December 23rd 1909 Western Atlantic Railroad J This was a claim for 100 demurrage charges assessed on an interstate shipment consigned to claimants at Atlanta claimants contending that the delay in unloading car was due to the delay of the agent of defendant company in FILE NO 9168 Nixon Grocery Company vs Georgia Railroad FILE NO 9169 343 giving their drayman an order for said car The railway company however took issue with claimants upon this point but admitted that the demurrage charges should be refunded because of the fact that shipment was overcharged and claimants made claim before the expiration of free time The railway company advised that if claimants would file original demurrage bill amount collected would be refunded This claim was filed account alleged overcharge on shipment of cros ties Matter taken up by the Commission with defendant company and said company advised the Commission on January 31st that claimant had been instructed to draw on said company in the amount of the overcharge Claimant advised of this fact and requested to inform the Commission if he experienced any further trouble in securing settlement of his claim but no further response received Complainants complained of the adjustment of freight rates from Donaldsonville Ga to points in South Carolina The Commission advised complainants that the rates being interstate were not subject to control of this Commission and also informed them as to basis on which said rates were constructed Upon investigation it appeared that said rates were duly filed with the Interstate Commerce Commission and were constructed on usual basis governing rates in southeastern territory Information furnished complainants with a further statement that it would be useless to petition the Interstate Commerce Commission to require any change in said rates as same were altogether regular and constructed on same basis as other rates applying in southeastern territory FILE NO 9170 Geo F McCranie vs Atlantic Coast Line Railroad FILE NO 9171 Panabaker Lumber Company vs Railway Companies 344 FILE NO 9172 Claim Adjustment Company I Request for information Waycross Georgia j Filed December 27th 1909 The above named company forwarded to the Commission expense bills covering carload shipment of lumber moving from Bradley to Savannah Ga on which a rate of 1350 per minimum car was appplied and requested information as to how this rate was arrived at Upon investigation the Commission found that the charges on said shipment had been assessed in error and that same should have been based on a rate of 1530 per minimum car and this information was furnished petitioners FILE NO 9173 Claim Adjustment Company vs Claims for overcharge Atlanta Birmingham Atlantic Rail Fiied December 27th 1909 road Company The record in this case covers 17 claims filed by claimant against the defendant company account overcharge in freight charges on shipments of cross ties moving from points on the Tifton Terminal Company to LaGrange Georgia Upon examination of the claim papers the Commission found that the contentions of claimants were correct and that claims should be paid The defendant company however refused to pay claims and the Commission thereupon issued a formal order in which it was held that the claims were due in the amount claimed and forwarded copy of said order to claimants with the statement that nothing more could be done by the Commission than to say what charge should have been assessed and what amounts were collected in excess of said correct charges The Commission has since been advised that claims were paid FILE NO 9174 Refund of demurrage charges Filed December 27th 1909 Claimant filed claim for refund of demurrage charges collected by defendant company account delay in loading cars claimant basing his claim for refund upon the ground that if cars had been placed for loading as they were ordered by him no delay would have occurred in the loading of same and hence no demurrage charges would have been assessed The matter still being handled Iby the Commission with the railroad company C F Cole vs Seaboard Air Line Railway Co 345 FILE NO 9175 Merchants Mechanics Bank of Co lumbus Georgia Transfer charge at Columbus Filed December 27th 1909 vs Central of Georgia Railway Company Complainants complained of the charge assessed by the defendant company in transferring cars of brick from their plant to the city of Columbus complainants contending that said service should be performed at the regular switching charge of 200 per car Copy of complaint forwarded by the Commission to the defendant company with request that full response be made thereto Pending the investigation of said matter by the Commission however complainant on January 25th 1910 requested a withdrawal of their complaint and petition as an agreement had been reached between them and the railroad company which was satisfactory to all concerned The Commission accordingly closed its record in said matter This matter was handled by the Commission along with the petition of the citizens of Uvalda Ca for depot at that point and the brief of file No 9140 covering the handling by the Commission of the Uvalda petition will show the handling of this matter together with the disposition thereof by the Commission This was a request that the Commission investigate the matter of the defendant company refusing to accept a shipment tendered it a few days before Christmas at Atlanta and destined to complainants at Jasper Georgia Upon taking the matter up with the defendant company said company advised that the shipment in question was a washstand and that while it had not refused altogether to accept same it did advise shippers that it could not accept the washstand unless same was boxed or crated or otherwise protected as at that time its cars were crowded with holiday goods and as this shipment was tendered without being packed or otherwise protected same was refused The Commission advised complainants of the contentions of the defendant com FILE NO 9176 Citizens of Charlotteville Ga vs Georgia Florida Railway FILE NO 9177 A McHan Son vs Southern Express Company 346 pany informing them that railroads and express companies were authorized to refuse shipments unless in proper shape for transportation and requested them to advise it o f anything further they had to submit on this or any other matter hut no further response received from them This was a general complaint against the services of defendant company at Macon Ga complainant complaining that the agent of the said company at that point failed to promptly answer telephone calls and otherwise to furnish that reasonable attention and service to which the patrons of said company w ere entitled The Commission handled the matter with the defendant company and said company denied the matters complained of The Commission then furnished complainant with copy of response of the express company and complainant insisted that his cause of complaint was well founded The Commission thereupon instructed the Southern Express Company to see to it that such instructions were given its agent as would result in all reasonable service being afforded its patrons This was a complaint that the rates on oranges from Florida to points in Georgia were unreasonable complainant insisting that rates on oranges when shipped loose or in bulk should not he higher than when shipped in crates or boxes The Commission advised complainant that the matter complained of being of an interstate character it was beyond its control but referred same to the railway companies at interest with request that consideration be given thereto and full response made to the Commissin as to the occasion for the difference in rates complained of Said companies responded and contended that higher rates on oranges in hulk than when shipped in packages were justified by reason of a greater risk attendant upon handling and for the further reason that shippers saved the cost of packages when shipments were made in bulk No disposition yet made of this matter FILE NO9178 Lamar Clay vs Southern Express Company FILE NO 9179 A M Sewell vs Railway Companies 347 FILE NO 9180 H H Hargrove vg I Claim for overcharge Atlantic Coast Line Railroad J Filed December 30th 1909 This was a claim for overcharge in freight on shipment of household goods moving from Woodville Ga to Cyrene Ga Upon examination of the claim papers the Commission found that Cyrene being a nonagency station shipment was held at Albany Ga for prepayment of charges and that agent at that point erroneously assessed freight charges demanding the prepayment of 1508 whereas the correct freight charges were 776 Matter taken up by the Commission with the defendant company and said company promptly advised that refund of the overcharge collected had been authorized Commission so informed claimant and no further complaint received FILE NO 9181 I Rate quotations Railroad Commission of Georgia f Filed January 1st 1910 This file covers information as to rates furnished by the Commission upon request of various shippers throughout the State FILE NO 9182 V C W Green et al i Keeping depot waiting room open at vs L night Seaboard Air Line Railway J Filed January 3rd 1910 This was a complaint signed by several citizens of Clyo Georgia that the Seaboard Air Line Railway failed to keep its waiting rooms open at that point during the night Upon investigation of the matter the Commission found that the defendant company was complying with its rule upon this subject and that as Clyo was not a junction point waiting rooms were not required to be kept open after 1000 PM except for delayed trains due before that hour Copy of said rule prescribing the time during which depot waiting rooms shall be kept open was furnished complainants with other information upon the subject and no further complaint received 348 FILE NO 9183 W M Seay vs Southern Railway Company Inability to secure delivery of ship ments Filed January 3rd 1910 Complainant complained that he was unable to secure delivery of shipment of household goods tendered to the defendant company at Commerce Ga and consigned to him at Rochelle Ga or to secure information as to the whereabouts of said shipment This matter taken up with the railway company and delivery of shipment promptly brought about This claim was filed account alleged overcharge on shipment of lumber from Ocilla Ga to Atlanta Ga claimants contending that the lowest rate in effect between said points should have been applied Upon examination of the claim papers the Commission found that shipment was routed routing being inserted in billlading and that the rate via said route specified was charged the Com mission thereupon advised claimant that as routing was specified by shippers under its rule the rate applicable via route specified must be applied and as this was done no overcharge was collected The above named company filed with the Commission petition for authority to issue preferred stock in the amount of 102000 common stock in the amount of 200000 and first mortgage bonds in the amount of 198000 After due hearing and investigations the Commission on January 13th 1910 approved the issue of stock and bonds prayed for Complainant complained that on December 30th 1909 the northbound passenger train of the defendant company due to leave Valdosta Ga at 523 FILE NO 9184 Cordele Lumber Company vs Atlanta West Point Railroad FlE NO 9185 Kennesaw Paper Company Marietta Georgia Petition for approval of stock and bond issue Filed January 5th 1910 FILE NO 9186 J C Yates handling vs Georgia Florida Railway Co 349 P M was delayed leaving that point because of engine pulling said train being ordered back to Clyattsville Ga a station south of Valdosta for the purpose of taking on a private car at that point This matter was taken up with the defendant company and said company furnished an explanation as to the cause of the delay complained of copy of which was furnished complainant and no further complaint received This was a petition that the Georgia Florida Railway Company be required to maintain rates and privileges under which cotton could be shipped over said railroad and concentrated at Vidalia Ga the same as under the ordinary rates and privileges maintained by railway companies for such purposes The Commission advised petitioners that it had before it at that time a similar petition from parties living at Milledgeville Georgia and interested hi the same subject and that a decision in the Milledgeville case would no doubt control these questions The Milledgeville case referred to was decided by the Commission on January 27th 1910 and copy of the order of the Commission issued in said matter which will be found under brief of file No 8939 was furnished petitioners in this case and no further response received from them This was a request for information as to rates on sewer pipe applying between certain points in Georgia Desired information furnished Complainant telegraphed the commission that the agent of the defendant company at Dorchester Georgia advised that he was unable to get the S A L FILE NO 9187 Georgia Florida Railway Company h 1910 8tewartMorehead Company vs cotton at Vidalia FILE NO 9188 FILE NO 9189 Bourne Brothers vs Southern Express Company Railway Companys train to handle certain important express packages which 350 complainant desired to ship The Commission took the matter up by wire with the railway company and express company and shipment handled on the same day complaint was received Complainant complained that the defendant company charged him 25 cents for the delivery of a telegraph message addressed to him at Macon Georgia notwithstanding the fact that the point of final delivery of the message was within the city limits of Macon The Commission took the matter up with the defendant company and said company advised that its investigation disclosed the fact that the charges were collected by the messenger hoy without authority and that charges were kept by said messenger The company further advised that this messenger had been discharged from the service of the company and refund of amount collected from complainant would be refunded upon his making application therefor Complainant so advised and he wrote the Commission stating that the matter had been adjusted to his entire satisfaction This was a petition of the above named railroad company for authority to revise passenger train schedules and inaugurate additional service by putting on an additional train with authority to discontinue said additional train and restore the old schedule if after a reasonable trial the change should prove unprofitable in the opinion of the railroad officials Said company filed with its petition a request numerously signed by citizens of Monroe and other patrons of the railroad company asking that the petition be granted and after due consideration the Commission on January 14th 1910 granted the authority prayed for FILE NO 9190 E V Petit vs Western Union Telegraph Co FILE NO 9191 Monroe Railroad Company Experimental passenger train service Filed January 8th 1910 FILE NO 9192 J L Phillips Co vs Pelham Havana Railroad Complainants complained of the refusal of the defendant company to moVe shipments of lumber which they desired to ship over said railroad alleging 351 that the Atlantic Coast Line Railroad was willing and ready to supply necessary equipment to the defendant company for the shipments in question but that said defendant company refused to accept cars at its junction with the Atlantic Coast Line Railroad Complainants further stated that the defendant company had since May 1st 1909 up to within 10 days prior to the date of their complaint acepted shipments of the character now desired to be made and had in other respects held itself out as a common carrier The Commission took the mater up by telephone with the defendant company updn the facts stated by complainant and said company advised that its refusal to accept empty cars from the Atlantic Coast Line Railroad and to transport complainants lumber was due to the fact that its line was not in such shape as to render transportation safe but that steps would be immediately taken to move the shipments then being offered by complainants and the railroad put in such shape as to authorize the acceptance of shipments offering in the future This information furnished complainants by the Commision and no further complaint received from them FILE NO 9193 A M Brand VSt I Delayed trains Georgia Railroad j Filed January 8th 1910 Complainant complained that the passenger train of the defendant company known as the Covington Accommodation was too frequently delayed in reaching Atlanta alleging that said delays occurred after the train reached the railroad yards in Atlanta Upon handling this matter with defendant company said company denied that trains were as frequently delayed as complained of but admitted that delays to this train had occurred and that such steps had been taken since the receipt of the notice of this complaint as would result in lessening the delays if not eliminating them entirely This information furnished complainant by the Commission and no further complaint received FILE NO 9194 A J Stanton vs Central of Georgia Railway Company Lack of fire in depot waiting room Filed January 8th 1910 Complainant camplained generally of inattention of defendant company at ewborn Georgia to the accommodation of the traveling public and specifiCally as t0 the failure of said companys agent to keep fires in the depot waiting rooms at that point when the weather was sufficiently cold to require same 352 The Commission took the matter up with the defendant company and said company replied that it had made a thorough investigation of the matters complained of and had found no one at Newborn Ga who had any complaint to make as to the service rendered the public by its agent at that point other than the complainant Said company further advised however that it would have a representative go in person to Newborn Ga and confer with complainant relative to this matter and on March 3rd 1910 complainant advised the Commission that said representative had visited Newborn Ga and such directions had been given his complaint as would properly prevent a recurrence thereof and no further complaint has been received FILE NO 9195 Classification of accounts for electric railways Filed January 12th 1909 This record covers order issued by the Commission prescribing uniform system of accounts for electric railway companies operating in Georgia and correspondence had with various electric railway companies upon said subject FILE NO 9196 C C Cary vs Western Union Telegraph Co Postal TelegraphCable Co This was a petition that the Commission amend its Telegraph Rule No 2 which allowed telegraph compahies in Georgia to charge for the delivery of telegrams addressed to parties whose residence or place of business or point of final delivery of message is located further than one mile from the office of the delivering company Copy of the petition forwarded by the Commission to the telegraph companies above named and said matter set down for hearing At said hearing petitioner and representatives of the telegraph companies appeared and presented their respective contentions and upon consideration of the evidence submitted and of the record in the case the Commission on February 11th 1910 held that its rule In question was reasonable and declined to make any change therein at that time Charge for delivering telegrams Filed January 12th 1910 353 FILE NO 9197 Southern Express Company Closing agency at Evans Ga Filed January 12th 1910 Tlxe above named company petitioned the Commission for authority to close its office at Evans Georgia for the reasons that the receipts at said office did not warrant its maintenance and for the further reason that much trouble was experienced in securing the services of an agent who would properly represent the company The Commission forwarded copy of the petition to the Postmaster at EVans Ga requesting him to submit same to interested parties and advise the Commission whether or not any objections were entertained to a favorable consideration of the petition and said Postmaster replied that there were no objections to the closing of said office The Commission on January 24th 1910 granted the authority prayed for This file covers request of R L Moss Mfg Company for information as to correct rate on lumber from Tallulah Falls Railway stations to Atlanta and Athens Georgia said company alleging that the defendant company had published higher rates in its AtlantaAthens tariffs than applied previously to the issuance of said tariffs Upon investigation the Commission was unable to find that any increase in rates had been made in the publication of the tariffs referred to and so advised complainants with the further advice that if they could show to the Commission that lower rates were in effect prior to the effective date of the AtlantaAthens tariffs such action would be taken as would cause restoration of such lower rates as no authority had been given the railroad company to increase same and any increase published without such authority was in violation of the Commissions rules but no further response received from them This was a request for information as to proper amount of demurrage charge should be collected on nine cars of lumber shipped from Macon to Al FILE NO 9198 R L Moss Mfg Company vs Southern Railway Company FILE NO 9199 McRee Lumber Co vs Central of Georgia Railway Company Filed January 14th 1910 demurrage charges bany Ga in June and July 1909 and unloaded at Albany September 24th 354 and 25th 1909 the railway company claiming that demurrage charges in the amount of 59000 were due Upon examination of the papers and of the statements of the case made by complainant it appeared that demurrage charges in the amount stated were properly assessed under the rules of the Commission and complainant so advised and no further response received Complainants complained that the defendant company refused to accept shipments from the Central of Georgia Railway Company at Statesboro Ga unless all freight charges thereon were prepaid through to destination This matter was taken up with the defendant company and said company advised that the practice complained of was being maintained by it but contended that it was within its rights under the law in taking such action The Commission assigned said matter for hearing and notified all parties at interest At said hearing representatives of the complainants and of the defendant railroad company appeared and presented their respective sides of the controversy The railroad company after submitting the reasons actuating it in demanding the prepayment of freight charges and while still contending that it had a right under the law so to do advised the Commission that in view of the inconvenience which said rule caused complainants and other patrons and in view of its desire to furnish such patrons all facilities which it reasonably could such instructions would be given as would remove any further cause for complaint and said company therefore requested the Commission to withhold any decision in said matter until it heard further from said company The Commission accordingly took no action in the premises and advised all parties to the complaint that until further complaint was received or until the defendant railway company was heard from as per the understanding above referred to nothing further would be done Claimants complained of their inability to secure settlement of claim m 16600 filed against defendant company account shipment of glass broken in transit Matter taken up with the defendant company and said company ad FILE NO 9200 P c Waters et alf vs Savannah Statesboro Railroad Prepayment of freight charges Filed January 14th 1910 FILE NO 9201 F J Cooledge Son vs Seaboard Air Line Railway 355 vised that claim had been approved and voucher would be sent to claimants as soon as possible On February 4th 1910 claimants advised the Commission that voucher in settlement of claim had been received FILE NO 9202 R N Hardeman vs i Rates from Atlanta to Louisville Central of Georgia Railway Company j ret January 14th 1910 This was a complaint that the rates from Atlanta to Louisville Ga had been increased by the publication of Atlanta Joint Tariff No 1 The Commission advised complainant that the rates published in the tariff referred to did not apply to Georgia shipments but only in connection with interstate movements but at the same time took up with the defendant company the increases published in said rates so far as affecting interstate shipments and said company advised the Commission that instructions had been given to the compiler of this tariff to republish the rates which were in effect prior to the issuance of said new tariff FILE NO 9203 Mrs B F Whitehead vs Central of Georgia Railway Company This claim was filed account alleged damage to claimants property resulting from a fire on the railroads right of way being allowed to run ovev on her property The matter taken up by the Commission with the defendant company but said company denied that any damage was done claimants property and accordingly declined her claim The Commission advised claimant that since had no jurisdiction over claims of this character it could not assist her further and that her only recourse was a suit in the courts Claim for damage t Filed January 14th 1910 FILE NO 9204 Bainbridge Telephone Company Sale of telephone property to Southern Bell Telephone Telegraph Company J Filed January 11th 1910 he recrd in this file covers the sale of the telephone property of the Bainbridge Telephone Company in the city of Bainbridge and towns of Brinson and Climax Georgia showing the terms and conditions of said sale 356 FILE NO 9205 Colquitt Telephone Company n Sale of telephone property to Southern Bell Telephone Telegraph Company Filed January 11th 1910 The record in this file covers the sale of the telephone property of the Colquitt Telephone Company in the city of Colquitt Ga and vicinity to th Southern Bell Telephone and Telegraph Company showing the terms and conditions of said sale FILE NO 9206 B F Madodx vs Central of Georgia Railway Company This claim was filed account alleged shortage of three boxes of tobacco from shipment moving from Macon Ga to claimant at Brewton Georgia The Commission took the matter up with the defendant company and said company replied tht the shipment in question moved from point of shipment to destination under seal and therefore declined to admit of liability on said claim The Commission advised claimant that as it had no authority under the law to require the payment of claims of this character and as the railway company bad declined to pay same his only recourse was a suit in the courts I Claim for shortage j Filed January 15th 1910 FILE NO 9207 Classification on sugar Filed January 17th 1910 This was a request that the Commission change its classification on sugar so that the phraseology and ratings would be the same as carried in Southern Tg Hgiflratinn No disposition of this matter has yet been made FILE NO 9208 Rates on fertilizers Southern Railway Company Fed JanUary 17th 1910 This was a petition of above named railway company for authority to increase its rates on fertilizer from Atlanta to Gainesville Midland Railway stations by publishing rates between said points based on lowest combination 357 stead of the then existing special or arbitrary basis said company contending that the rates then in effect which were published to meet the rates of the Georgia Railroad and the Seaboard Air Line Railway did not yield sufficient revenue to make said traffic inviting and that it preferred not to handle fertilizer between these points on the rates then In effect and that since there were two other lines of railway handling business from Atlanta to said Gainesville Midland Railroad stations both of which were shorter and more direct route than the route over its line shippers and others interested in these movements would not suffer by its being allowed to increase its rates This matter was set down for hearing and the various towns interested were duly advised At said hearing the Commission was advised that the Georgia Railroad and the Seaboard Air Line Railway had increased the rates theretofore in effect from Atlanta to Gainesville Midland Railway stations via their lines and the Commission therefore took up this feature of the case with the two railroad companies last named and the matter is still being handled with said companies FILE NO 9209 Athens Electric Railway Co Petition for approval of contracts j Filed January 19th 1910 This was a petition of above named company that the Commission approve the provisions of the contract which said company required its patrons to sign as a condition precedent to the furnishing of electric current The matter was set down for hearing and the petitioning company and Authorities of the city of Athens duly advised and representatives of both parties appeared at said hearing and presented in detail their respective contentions The Commission after a careful examination of the contracts in question and upon consideration of the facts disclosed at said hearing issued an order requiring such changes in and eliminations from the provisions of said contracts as were in its opinion necessary to provide a reasonable contract and forwarded copies of said order to the representatives of the Athens Electric Railway Company and to the city authorities of Athens Ga and no further response received from either party FILE NO 9210 Albany Northern Railway Request for authority to duced rates Filed January 20th 1910 publish re The above named railway company petitioned the Commission for authority to publish a reduced carload rate of 50 cents per net ton on scrap trucks 358 wheels etc minimum carload 30000 pounds from Cordele to Albany Georgia The Commission advised the petitioning company that no authority of the Commission was required to publish a rate similar to the one proposed as under the rules of the Commission railway companies were left free to reduce rates at their pleasure where such rates were open to all who might desire to use the same that the rule under which the petitioning company was proceeding before the Commission had reference only to rates of a special character or rates limited in their operation as to time or persons FILE NO 9211 J C Edwards vs Central of Georgia Railway Company This claim was filed account damage to shipment of bananas moving from Mobile to Macon Georgia claimant alleging that by reason of delayed delivery of these shpiments he sustained damages in the amount of 5000 Claim was taken up by the Commission with the defendant company but said company denied any liability on said claim and declined to pay same The Commission advised claimant that as it had no authority to require the payment of such MfrirnH and that since the railroad company refused to pay same the Commission could be of no further assistance and that his only recourse was a suit in the courts Claim for damage Filed January 18th 1910 FILE NO 9212 Express rates over Rome Northern Railroad Filed January 19th 1910 This was a petition of the Southern Express Company that the Commission approve a special express tariff to be used by it on the Rome and Northern Railway Company the petitioning company contending that said freight rates over this line of railroad were based on freight class D or 50 per cent above the standard tariff and in many instances the standard express tariff figured lower rates than the freight rates Following its practices in similar cases theretofore the Commission on February 4th 1910 approved the special express tariff for use over the Rome Northern Railroad Company similar to special express tariffs applying over other short lines classified in freight class D h 359 FILE NO 9213 R J Pritchett vs I Georgia Southern Florida Railway Crowded passenger trains I Filed January 20th 1910 Complainant complained that the defendant companys passenger train No 1 was often times crowded beyond its seating capacity and petitioned the Commission for relief This matter was taken up with the defendant railway company and said company furnished a statement showing the number of passengers using said train for the 10 days immediately following the receipt of said complaint and it appeared that only on one day was said train crowded beyond its seating capacity The Commission furnished complainant with the statement referred to and requested him to advise it if his observations showed that this train was regularly crowded and if so the Commission would send a man to make an inspection of the daily travel and would take such other action as the circumstances required but no further response received This record covers the action taken by the Commission in fixing a Freight Tariff for the Pelham Havana Railroad Company said company being placed in freight class D This action was published in circular No 346 Petitioner desired the defendant company to sell tickets to and from Helena for its passenger trains Nos 5 and 6 The matter taken up by the Commission with the railway company and said company contended that since these trains were operated during the winter months only and for the purpose of accommodating the travel between western points and points in Florida the schedules of said trains were fast and the equipment limited for the special purpose of accommodating said through travel and that inasmuch as it maintained sufficient local trains to take care of the local travel to and from Helena it could not make that point a stop for these fast trains Full information as to the handling of said matter by the Commission furnished complainant and no further response received from him FILE NO 9214 Pelham Havana Railroad FILE NO 9215 M L McRae accorri mo vs Southern Railway Company 360 FILE NO 9216 Petition for authority to remove side Augusta Southern Railroad track Filed January 22nd 1910 The above named railroad company petitioned the Commission for authority to remove side track located at a point 4 miles from Augusta Ga known as Doughtys spur Said company advised that the track was put in for the accommodation of Mr J J Doughty who owned the land adjacent to said point and since he had discontinued making shipments from said point there was no longer any necessity for the maintenance of said track The Commission forwarded copy of petition to Mr Doughty and he replied that he had no objections to the removal of the side track and the petition of the railroad company was accordingly granted This was a petition of above named railway company for authority to cancel special rates on excelsior from Bloomingdale Ga to southeastern points said company advising that the excelsior plant operating at Bloomingdale at the time said special rates were published had discontinued operations and that there was not now any demand for said rates The Commission undertook to find some one interested in the continuance of said special rates but without success and on March 2nd 1919 authorized the withdrawal of said rates with the understanding that should movements of excelsior from this point develop in the future the railway company would republish the special rates The above named company petitioned the Commission for authority to remove its office at Tennille from the point where same was then located to the railroad depot in order that the expenses for maintaining said office could be reduced by the telegraph company securing the services of the railroad companys operator for handling its business Copy of the petition forwarded by the Commission to the Mayor at Tennille with request that same be submitted to interested citizens and the Commission advised of any objections with rea FILE NO 9217 Petition for authority to cancel spe Central of Georgia Railway cial rates Filed January 22nd 1910 FILE NO 9218 Petition for authority to change loca Western Union Telegraph Co tion of its office at Tennille Filed January 22nd 1910 361 sons therefor that might be entertained to the granting of said petition Various merchants and other citizens of Tennille filed with the Commission a protest against any change being made in the location of said office The Commission after careful consideration of the record in said case was of the opinion that the business of the telegraph company at Tennille Ga could be properly taken care of from the railroad depot with reasonable convenience to the people of Tennille and on March 11th 1910 authorized the removal of said office as prayed for with the provision that said authority was subject to reconsideration if such changed location failed to furnish reasonable convenience and proper service This was a complaint that the defendant company refused to accept shipments of cotton unless each bale was bound by as many as six ties Upon investigation the Commission found that the cotton tariffs of the defendant line all specifically required that cotton in bales with less than six ties would not be considered as in proper condition for transportation and this information communicated to complainant and no further complaint received This file covers order issued by the Commission on February 1st 1910 known as General Order No 16 requiring all railroad companies operating in Georgia to notify the Commission promptly of each collision and derailment occuring ou its line in which any person was injured or killed and to file thereafter written report of said accident in accordance with blanks furnished by the Commission and also covers correspondence between the Commission and the various railway companies relative to said order and the action of the Commission taken on March 24th 1910 amending said General Order No 18 which amendment was published in General Order No 18 Copies of both of each orders will be found in this report under the heading GENERAL ORDERS FILE NO 9219 W D Manley vs Southern Railway Company FILE NO 9220 Railroad Commission of Georgia General Orders Nos 16 and 18 Filed January 22nd 1910 362 FILE NO 9221 General Order No 17 Railroad Commission of Georgia Fied January 22nd 1910 This record covers Order issued by the Commission on January 26th 1910 requiring each railroad company operating in Georgia to report to the Commission on or before Thursday of each week all delayed passenger trains together with the cause of the delays occuring on its line during the week ending Saturday Midnight immediately preceding Copy of said General Order will be found in this report under the heading GENERAL ORDERS FILE NO 9222 Petition for approval of stock issue Atlanta West Point Railroad j Fjed January 26thf 1910 The opinion of the Commission filed in this matter under date of March 28th 1910 will fully explain the nature of this petition and the action thereon taken by the Commission Said opinion is as follows OPINION IN RE Application of the Atlanta West Point Railroad Company for authority to increase its capital stock OPINION OF THE COMMISSION The Atlanta West Point Railroad Company asks the Commission to approve an issue by it of additional capital stock of the par value of 126 780000 as authorized by its stockholders at a meeting duly called for the purpose of considering such action The record shows that under its charter the corporation is authorized to issue a total of 250000000 of capital stock that at this time it has outstanding 123220000 of such that it has assets of approximately 360000000 and has outstanding 123220000 certificates of indebtedness issued in 1881 and bearing interest at the rate of six per cent per annum payable semiannually which certificates according to the terms printed on their face it now has the right to call in and pay off at par that it desires to do so and for this purpose desires to issue said additional stock the proceeds of the sale of which is to be used in paying said indebtedness that it has placed its surplus earnings in its property to the extent indicated and hence has not in its treasury sufficient cash to discharge said indebtedness that it proposes to sell said new issue of stock or the right to subscribe thereto exclusively to its presen stockholders at par in the proportion that the holdings of each bears to the whole the same to be paid for in cash or in the surrender at par of a corresponding amount of said certificates of indebtedness Under the Act of August 22nd 1907 the Commission is authorized to ap 363 prove stock or bond issues of corporations subject to its jurisdictions in such amounts as may be reasonably required First For the construction and equipment of plants Second For the acquisition of property Third For the extension or improvement of facilities or property Fourth For the improvement or maintenance of service Fifth For the discharge or lawful refunding of obligations Sixth For other lawful corporate purposes This application comes within the object named in the fifth paragraph above There can be no question under the facts developed that petitioner has good assets nearly three times as large as its present capital stock hence in issuing the additional 1267800 of stock there would be no overissue or overvaluation or what is known as watering of stock The issue would be based upon actual property dollar for dollar and such property devoted to public service as it is entitled under the law to earn a fair return upon Under universally accepted principles the present stockholders have the legal right in proportion to their present stockholdings to subscribe for and take this new stock at par Under the Act of 1907 the issuance of capital stock to raise money to pay off obligations is authorized They must be lawful obligations however and this Commission has the power and authority to inquire into the lawfulness before sanctioning the issue of stock to discharge them The Commission has doubts as to the legality of the issue of the 123220000 of certificates of indebtedness made by the Atlanta West Point Railroad Company in 1881 which it is now desired to discharge with stock the issue of which is asked to be sanctioned But these certificates have been outstanding for nearly thirty years they have been recognized and treated by the corporation itself and by its individual stockholders as legal and binding accepted and traded in by the public for this long period and are now held very largely by innocent purchasers and not by the original holders to whom they were distributed by the corporation as a bonus or dividend on outstanding stock in their hands For these reasons the Commission does not feel that it is necessary or proper to press an inquiry into the legality of the original issue but that it should recognize these certificates in the absence of any attack on them by any one as lawful obligations of the corporation and sanction their payment in the manner indicated in the petition out of the proceeds of the sale of additional stock This stock is to be sold and actually paid for at par It is not a bonus nor is it a meloncutting to use a vernacular term The melon was cut in 181 when the certificates were originally issued and it is now rather late to ry to replace it on the vine Be this as it may future issues of similar certificates can not be issued without violating the Act of 1907 As stated the amount of outstanding certificates is only 123220000 the stock issue prayed for is 126780000 an amount in excess of the indebtedness 7 3560000 The Commission is of the opinion under the facts shown that it as no authority to sanction any sum not necessary or reasonably required to 364 pay off the debts mentioned and can only approve the issue for 123220000 which sold at par to its present stockholders is sufficient to discharge the obligations mentioned and an order will be passed accordingly Central of Georgia Railway Company J This claim was filed account alleged damage to shipment from Bordentown N J consigned to claimants at Atlanta Georgia amount of claim 838 Claim taken up by the Commission with the defendant company but said company declined to admit of liability thereon The Commission advised claimants that it had no jurisdiction over claims of this character and as the railroad company had declined to pay same it could not further serve them This claim was filed account overcharge on shipment of lumber moving from Woodville Ga to Chicago 111 Claimant contending that charges were assessed upon incorrect weight The Commission took thJ matter up with the railroad company and said company advised that it was ready to make settle ment of this claim on basis of actual scaled weight of the shipment ascertained at destination but that claimants insisted upon the application of estimated weights The Commission advised claimants that since the matter in con versy was removed from its jursidiction by reason of the shipment being interstate it was without authority to make any order in the premises This was a petition that the Commission amend its Freight Classification so that cotton seed whether valuable for planting or otherwise would take clas G rates Copy of the petition forwarded by the Commission to traffic FILE NO 9223 The Lowry Company vs Claim for damage Filed January 26th 1910 FILE NO 9224 Davison Durham McWhorter Co vs Georgia Railroad FILE NO 9225 N L Willett Seed Co vs Railway Companies 365 cials of the railway companies in this State with request that they furnish the Commission with any objections together with reasons therefor that they might entertain to the change in classification desired by petitioners This matter is still being considered The petition of the above named company showed that said company without knowledge as to the requirements of the law that all corporations subject to the jurisdiction of this Commission shall secure the approval of the Railroad Commission before issuing any bonds stocks or other evidence of indebtedness had proceeded to issue capital stock and had actually issued same without first coming to the Commission and said company petitioned the Commission to approve said stock issued by it as above set out The Commission submitted said matter to its Special Attorney for his opinion thereon and said Special Attorney advised that in his opinion the power to correct this matter did not lie in the Commission but in the Legislature Copy of the opinion of the Special Attorney in said matter will be found in full in this report under OPINIONS OF SPECIAL ATTORNEY No disposition has yet been made of this petition The above named railway company petitioned the Commission for authority to remove side track located at 125MP Savannah Division which was constructed for the purpose of accommodating the saw mill business of Mr C G Rawlings for the reason that the saw mill had been moved away and there was not now any demand for a side track at this point and for the further reason that as said company was constructing another track about one mile from the track in question any shipments offering in that vicinity could easily be taken care of from the track at the new location Copy of the petition forwarded by the Commission to Mr Rawlings and he replied that he had paid the railway company 33500 to put in this track that during the years 1906 and 1907 he shipped from said track more than a million feet of lumber and has since that time shipped four or five cars of guano to be unloaded from said track each season and desired to use the track for future shipments of guano and that he also intended to ship more lumber from said point He further stated however that if the railroad com FILE NO 9226 Athens Compress Company stock issue FILE NO 9227 Petition to authorize the removal of Central of Georgia Railway Co side track Filed January 26th 1910 366 pany would return to Mm the cost of the track which was advanced by him thjat he would not oppose the removal of same Copy of letter from Mr Rawlings forwarded by the Commission to the railway company but nothing further received from said company The above named railway company advised the Commission that it had 10 Commission to prescribe for its guidance Freight and Passenger tariffs After due consideration the Commission placed said railroad company in Passenger and Freight Class D and this action published in circular No 346 Complainant requested information as to whether or not this Commission authorized the railway companies at interest to increase rates from Athens and Atlanta to Tallulah Falls Railway stations and complained that the increases in said rates recently published amounting to about 20 per cent would work a great hardship on shippers interested in said rates The Commission advised complainant that no authority had been given by it for any increase in rates from Atlanta or Athens to the stations referred to and that the increases in rates between said points recently published in the Atlanta and Athens tariffs applied only in connection with interstate shipments and did not apply on shipments originating at any points in Georgia The Commission further advised complainant that it would give consideration to any communication that he or other shippers might see fit to file with reference to increased rates applying interstate with a view of representing them before the Interstate Commerce Commission but no further response received Complainant complained that the employees of defendant company stopped their passenger trains at Abbeville Ga with reference to the convenient hand FILE NO 9228 Savannah Southern nah Southern Railway Co j Fied January 28th 1910 Freight and passenger tariffs Freight and passenger tariffs Filed January 28th 1910 FILE NO 9229 Jno Martin vs Rates from Atlanta to Tallulah Falls Southern Railway Company Tallulah Falls Railway Company Railway Stations Filed January 28th 1910 FILE NO 9230 G N Mixon vs Seaboard Air Line Railway Co 367 ling of baggage and without reference to the convenience of passengers desiring to board or debark from said trains The Commission took this matter up with the officials of the defendant company and called their attention to its Passenger Rule No 13 requiring passenger trains to be stopped at stations with due regard to the convenience of pasengers and without reference to the handling of baggage and instructed said officials to see to it that this rule was complied with The VicePresident and General Manager promptly replied that the matter complained of had been given necessary direction and no further complaint has been received Complainant complained that the defendant company refused to stop its passenger trains Nos 41 and 42 at College Park Ga to let off passengers from points west of that station and also refused to sell tickets from said stations named to College Park Copy of the petition forwarded by the Commission to the defendant company and said matter set down for hearing all parties being advised Upon consideration of the evidence submitted at said hearing and of the record in said case the Commission ordered that the defendant company stop its passenger trains Nos 41 and 42 at College Park Ga and ordered further that said company sell tickets to and from said station for said trains The railway company acknowledged receipt of said order and advised the Commission that same would be complied with The following letter the Commission addressed to claimants under date of February 10th 1910 will fully explain the nature and handling of this matter by the Commission We have yours of January 27th with papers in your claim for refund of 00 demurrage collected on car of lumber consigned to yourselves at Atlanta and subsequently ordered delivered to S A Williams Lumber Company As you no doubt know this Commission has no authority to require the payment 0 claims We take pleasure however in giving you such information as appears to be your rights after having read the claim papers The intention of Mr J C Haskell Manager to the effect that a shipper 0 ships goods to himself can not reject same is sound Storage Rule No FILE NO 9231 R B Gaston vs Atlanta West Point Railroad FILE NO 9232 368 6 provides that where consignees reject a shipment additonal free time shall be allowed for dispositionthe consignee of the shipment in question did not reject this shipment as S A Williams Lumber Company was not the consignee thereof It appears to us that the only ground upon which you could claim refund of demurrage would be on account of the railroad company failing to observe routing instructions This probably would not be a ground for refund of demurrage properly collected under our rules but would be grounds for a claim for damages which would offset the demurrage charges due to the fact that the routing instructions were disregarded It appears from the papers that this car was billed out October 16th 1909 and reached Atlanta October 23rd It appears that demurrage charges were collected covering the period from October 28th to November 17th There is nothing to indicate when you received notice that the car reached Atlanta via the Central of Georgia Railway It occurs to us that you would be equitably entitled to refund of any demurrage collected prior to your receiving notice that car reached Atlanta other than as directed in your routing instructions inasmuch as the papers do not show when you had such notice we are unable to say what that amount should be At the time this shipment moved the Commission had no specific rule authorizing shippers to designate routing Effective January 17th 1910 such a rule was promulgated however as will be seen from copy of circular No 345 herewith enclosed Of course this routing rule would not affect the collection of demurrage properly due under our demurrage rules However as above stated if this demurrage was collected and the consignee required to pay same by reason of the railroad company failing to observe routing instructions then as stated before you would have a claim in the nature of damages which would offset the demurrage You will be in possession of the information which we have not that will indicate to you what steps to pursue but if we can be of further service please let us hear from you FILE NO 9233 Classification on cotton bags Central of Georgia Railway Company J FNed January 2g 1910 The above named railway company called the Commissions atention to the fact that its classification provided 6th class on bags cotton for flour and likewise 6th class on bags burlap and gunny while Southern Classification provided a rating of 4th class on cotton bags and that since Freight Rule No 10 of the Commission had been amended so as to provide for the application of Southern Classification rating in the absence of specified ratings in the Commissioners classification there appeared to be no other rating on cotton bags Other than for flour then 4th class notwithstanding theretofore 6th class had been applied Said company suggested that the words for flour be elimi 369 nated from the Commissioners classification applying on hags cotton This seemed to fully take care of the situation and the suggested action was taken hy the Commission and published in circular No 346 FILE NO 9234 Atlanta Constitution v L Delayed passenger trains Central of Georgia Railway Company J Filed January 31st 1910 This was a complaint that passenger train No 32 of the defendant company due to leave Atlanta at 1025 P M frequently missed its connections at Macon and as a result the subscribers of the Atlanta Constitution who received their papers by said train were considerably delayed in receiving same The matter taken up by the Commission with the defendant company and after considerable correspondence the railway company advised the Commision that instructions had been given to its employees that when Louisville Nashville Train No 33 was one hour or more late to run a first section of its train No 32 on time from Atlanta in order to make certain the connection of said train not only with the Southwestern Division trains and the one for Albany and points in Southwestern Georgia but also with train No 3 for Columbus and Birmingham Copy of this statement furnished complainant and no further complaint has been received FILE NO 9235 Dawson Consolidated Gro Company vs Delayed transportation Central of Georgia Railway Company f Filed January 31st 1910 Georgia Florida Alabama Railway Complainants complained of delay in delivery of shipments made by them from Dawson Georgia to stations on the Georgia Florida Albama Railway The Commission took this matter up with the railway companies named and the Central of Georgia Railway Company advised that arrangements had been made whereby the merchants of Dawson were to deliver their shipments for the stations named on Mondays Wednesdays and Fridays of each week when a special car would be provided for said shipments and same would be carried through to Cuthbert the junction of the two railway companies thus avoiding delay in transferring freight at Cuthbert and other points This information communicated to complainants and no further complaint received from them 70 FILE NO 9236 Augusta Southern Railroad Co Special privileges to shippers Filed January 31st 1910 The above named railroad company advised the Commission that the HarbisonWalker Refractories Company held an option on some land adjacent to its line of railroad upon which was a deposit of clay which would possibly be valuable in the manufacturing of fire brick but to determine the value of said clay for the purpose stated it was necessary to send a car to Pittsburg Penna where necessary tests could be made and for this purpose said railroad com pany desired the authority of the Commission to allow HarbisonWalker Re fractories Company to load a car on its main line which privilege the railroad company was willing to extend provided that in so doing it would not be required to place cars on its main line for loading by others and therefore petitioned the Commission for authority to extend this privilege without being required to recognize same as a precedent for services of the kind in future Upon consideration of the railroad companys petition the Commission was of the opinion that same was reasonable and the authority desired Was accordingly granted Atlanta Birmingham Atlantic Rail Discontinuing Carlsbad as a flag stop road Company Filed January 31st 1910 The above named railroad company petitioned the Commission for authority to discontinue stopping its trains at Carsbad Georgia upon the ground that there was no business whatever at said station except during the summer months and that as it had erected a depot building and established an agency station at Durand Ga which was only about 2 miles from Carlsbad all business both passenger and freight which might be offered it at the last named point could conveniently be cared for at Durand Ga The Commission endeavored to find some one interested in the flag stop at Carlsbad but without success and after due consideration the petition of the railroad company was granted February 21st 1910 Complainant complained that on January 28th the passenger train of defend ant company leaving Columbus Ga for Atlanta at 610 A M lost 25 minutes time between Columbus and Midland a distance of 14 miles and that upon FILE NO 9237 FILE NO 9238 J P Kyle vs Southern Railway Company 871 reaching Woodbury at which point he desired to make connection with the Macon and Birmingham train for Macon said Southern train was so much behind its scheduled time that the Macon Birmingham train had gone notwithstanding the fact that he had wired ahead requesting that said train be held until the arrival of the Southern train Matter taken up with the defendant company and said company advised that the cause of this delay was due to the fact that the coal used was of an inferior grade and that in addition to this the regular engine on said run was in the shops and an engine from the Birmingham division was being used in the emergency The railroad company further advised that efforts would be made to remove any further cause of complaint of this kind This information furnished complainant and no further complaint received Central of Georgia Railway Company Jruary 1st 1916 Complainant complained that the agent of the defendant company at Atlanta quoted him rate on live stock from Atlanta Ga to Milltown Ga of 5335 per carload but that on arrival of shipment at destination he was charged 637fc that this same thing occurred on several shipments and that the agent at Atlanta still quoted him rate of 5335 Upon investigation the Commission found that the rate quoted by the agent at Atlanta applied from Atlanta to Milltown Junction a point on the Georgia Florida Railway near Milltown proper the latter being a station on the Milltown Air Line and that the error in quoting said rate was due to the fact that the tariff failed to show that Milltown Junction and Milltown proper were different stations Correct information furnished complainant and the railroad company advised of the error in its tariff and no further complaint received Claimants filed claim against defendant company for 36175 account alleged shortage and damage growing out of shipment of household goods from Gadsden Ala to Cartersville Ga and forwarded copy of said claim to the Commission with the request that such action be taken thereon as would assist him n securing settlement of same The Commission advised claimant that while it had no authority to require claims paid it would handle this matter with the FILE NO 9239 C H Lowe vs quoting of rates FILE NO 9240 B Hampton vs Louisville Nashville Railroad 372 railroad company in an informal way if after a reasonable time said company should fail or refuse to pay same but that a reasonable time should be allowed the railroad company within which to investigate and report on the claim The record in this case covers the investigation of the Commission as to its Jurisdiction over the Atlanta Baggage and Cab Company The matter was referred to the Special Attorney of the Commission for his opinion and said Special Attorney advised that in his opinion the Commission had no jurisdiction over said company Copy of the opinion of the Special Attorney will be found in full in this report under OPINIONS OP THE SPECIAL ATTORNEY L W Jarman Y Rates on shipments requiring more vs than one car Central of Georgia Railway Company J Filed February 4th 1910 Complainant advised the Commission that he desired to ship a lot of baled straw from Porterdale Ga to Atlanta and that he could only load 10000 1 pounds into the car furnished him by the defendant company whereas 20000 pounds was the minimum carload weight provided by the classification of the Commission and complained that the railroad company refused to furnish a second car unless freight charges were paid on that part of the shipment loaded in the second car on basis of the less than carload rate The Commission advised the defendant company that freight charges on this shipment should be assessed upon basis of the carload rate applied to the actual weight of the shipment regardless of the number of cars required to transport freight said company promptly advised the Commission that instructions had been given its agent at Porterdale to furnish necessary equipment and assess freight charges in line with direction of the Commission The above named railway company petitioned the Commission for authority to remove side track located at 102MP main line Savannah Division which had been constructed for the accommodation of the Howard Perkins Lumber Company for the reason that there was no longer any demand for side track FILE NO 9241 Jurisdiction over Atlanta Baggage Railroad Commission of Georgia Cab Company Filed February 2nd 1910 FILE NO 9242 FILE NO 9243 373 facilities at this point as the saw mill previously located there had been moved away Copy of the petition forwarded by the Commission to Messrs Howard Perkins Lumber Company and they advised that the statements made by the railway company were correct and that there was no longer any necessity for this side track The Commission accordingly granted the railway company authority to remove same Central of Georgia Railway Company Filed February 4th 1910 Complainant complined of refusal of the defendant company to accept mileage for transportation between Newnan and Griffin Ga from a form Z interchangeable mileage ticket which he purchased from the Atlantic Coast Line Railroad Company notwithstanding the fact that on said ticket the name of the Central of Georgia Railway Company was printed as a participating carrier Upon handling the mattey with the defendant company said company advised that the printing on some of the tickets sold soon after the agreement as to the use of interchangeable mileage was reached was in error and that the Central of Georgia Railway Company under its tariffs filed with the Interstate Commerce Commission would accept interchangeable mileage from form Z tickets good between certain stations onlyNewnan and Griffin not being named in the tariff that as under the rule of the Interstate Commerce Commission the tariffs must govern the use of such tickets and not the printed instructions on the back thereof such printing as indicated that it would accept mileage over any portion of its line could not under the rules of the Interstate Commerce Commission legalize or require the acceptance of same between stations other than as named in the tariff Full information as to the Commissions handling furnished complainant and no further complaint received Complainants complained that the defendant company had increased rates that Iacon to Louisvllle Ga uPon investigation the Commission found mat the railway companies in publishing the new Macon tariff had changed gj r1518 rates from that point to Louisville from continuous mileage of the central of Georgia Railway to the sum of the locals of said line and the Louis Wadley Railroad This fact was called to the attention of defendant FILE NO 9244 W E Scruggs vs Use of interchange mileage tickets FILE NO 9245 StoneMurphy Company vs Central of Georgia Railway Company J Fied February 4th 1910 374 company and said company promptly advised that instructions had been given to restore the old basis Complainants so advised and no further complaint Claimants filed claim against the defendant company for 54727 account loss of tank of oil shipped by them from Ocilla Ga to Charlotte N C Claim taken up by the Commission with the defendant company and said company on February 14th 1910 advised that voucher had been ordered issued in settlement of claim and the same would be forwarded to claimants in due course Claimants so advised by the Commission and no further complaint received Claimant advised the Commission that on December 16th 1909 a carload of salt was shipped him from Savannah which did not reach destination namely Thomaston Ga until December 31st and requested information as to the amount of penalty demurrage the railway companies were due him because of this delay Upon examination of the papers covering said shipment it appeared that four days beyond the time prescribed by the rule of the Commission was consumed in transporting this shipment and upon taking tie claim up with the Southeastern Demurrage Bureau said Bureau advised that the delay occurred while car was in possession of the Macon Birmingham Railway Company and that claim papers had been sent to that company with instructions to pay claimant the amount of penalty demurrage due namely 400 Southern Railway Company Complainants complained that the agent of the defendant company at Alto Ga refused to accept less than carload shipments of cotton after the local freight going in the direction shipments were desired moved had passed tha station Matter taken up with the railway company and said company received FILE NO 9246 Ocilla Oil Fert Company vs Claim for lost shipment Filed February 5th 1910 Seaboard Air Line Railway Company FILE NO 9247 S S Lee vs Macon Birmingham Railway Co FILE NO 9248 J A Grant Co vs 375 promptly advised that such instructions had been given its agent at Alto Ga as would prevent a recurrence of similar complaints in future Complainants so advised and no further complaint received This was a petition that the defendant company be required to open an office at Denton Ga a station on the line of the Georgia Florida Railway Matter taken up with the defendant company by the Commission and after some correspondence said company advised that necessary tariffs and other things had been given its route agent with instructions to go to Denton Ga and establish an office as desired by petitioners The Commission so advised petitioners and no further complaint received Southern Bell Telephone Telegraph 1 Petition for approval of rates Company j Filed February 14th 1910 The above named company petitioned the Commission to annrove a thhi Macon Gas Light Water Co 1 Petition for approval of bond issue aeon Georgia j Filed February 17th 1910 Upon consideration of this petition it appeared that the bonds which the Pe tioning company desired the Commission to approve had been executed and 22r Jeiealby comvny to the Trustee a mortgage prior to August or V199 0n WhlCh date thlS Commission was authorized to pass upon stock ond issues and accordingly the Commission was without authority to prove same and an order to that effect was issued FILE NO 9249 Citizens of Denton Ga vs Southern Express Company FILE NO 9250 FILE NO 9251 376 FILE NO 9252 Georgia Florida Railway Petition for authority to publish special rates Filed February 17th 1910 The above named railway company petitioned the Commission for authority to publish a special rate on lumber from McGruders Ga to Augusta Ga same to expive March 31st 1910 in order to enable shippers at McGruders who had on hand a large amount of cheap pine lumber which could not be shipped on the regular lumber rates to market same Upon investigation the Commission found that the request was reasonable and the authority prayed for was accordingly granted FILE NO 9253 Cotton Belt Tel Tel Co Cuthbert Georgia Petition for authority to increase rates at Cuthbert Georgia Filed February 19th 1910 Upon consideration of the above entitled matter the Commission found that the petitioning company on May 1st 1909 purchased the plant of the Cuthbert Telephone Company which last named company at that time only operated some 60 business telephones and about 133 residence telephones that the Mayor and Council of Cuthbert Ga in granting the petitioning company a franchise to do business in said city entered into an agreement with said company under the terms of which the petitioning company when it had increased its service to a certain number of telephone stations and to a certain degree of efficiency would be allowed to increase its rates that the condition upon which said increased rates were to be allowed had been complied with by the petitioning company and said company now desired the sanction of this Commission to carry out the terms of the agreement with the city of Cuthbert The Commission after due hearing and upon consideration of the facts submitted in said matter was of the opinion that the proposed new schedule of rates was reasonable and accordingly authorized the operation of same FILE NO 9254 Citizens of Moye Ga vs Georgia Florida Alabama Railway Petition for agency station Filed February 17th 1910 This was a petition that the Georgia Florida Alabama Railway be required to establish an agency station at Moye Ga Copy of the petition forwarded by the Commission to the defendant railway company and after some correspondence said matter was set down for hearing and all parties at inter 377 est advised At said hearing a committee representing the petitioners appeared and advised the Commission that arrangements had been made whereby an agency station would be established at Moye Ga experimentally which was satisfactory to all concerned and they therefore desired to withdraw their petition This request was granted and the Commission accordingly closed its file in said matter The above named company petitioned the Commission for its approval of an issue of capital stock in the amount of 200000 and bonds in the amount of 1050000 for the purpose of purchasing other lines of railway acquiring rights of way and constructing a line of railroad from Griffin to Social Circle Ga a distance of about 70 miles No action has yet been taken by the Commission on this petition This claim was filed account alleged overcharge on shipment of lumber moving from Douglas to Marshallville Ga Matter taken up by the Commission with the defendant company and said company advised the Commission on March 1st 1910 that claim had been approved for payment and voucher would be forwarded claimants direct within a few days from that date Claimants so advised by the Commission and no further complaint received Southern Express Company J Petitioners desired to ship fish by express on the Seaboard Air Line train passing Kingsland Ga about 900 PM contending that unless their fish went by said train they could not reach their destinations usually Baltimore and other Eastern points in such short time as to be preserved by the icing given them at point of shipment Upon investigation the Commission found that the trains by which petitioners desired to make shipments were fast FILE NO 9255 Petition for approval of stock and Middle Georgia InterUrban Railway Company Filed February 21st 1910 bond issue FILE NO 9256 Alabama Lumber Export Co vs Georgia Florida Railway FILE NO 9257 E N Stone Co vs Seaboard Air Line Railway Co Stopping through trains for express shipments Filed February 22nd 1910 378 through trains which did not stop at Kingsland After considerable correspondence however the railroad company and express company made arrangements whereby petitioners shipments would be moved by local passenger trains from Kingsland to Yulee Fla and at the last named point placed on board of the fast through trains in question and thus carried by said trains to destination This information furnished petitioners and no further complaint received f FILE NO 9258 Petition for approval of stock and Western of Georgia Railway v bond issue J Filed February 28th 1910 The above named company petitioned the Commission for authority to issue certificates of capital stock in the amount of 500000 and a like amount of first mortgage 5 per cent Coupon Bonds After such hearings and investigations as the Commission deemed necessary the authority prayed for was granted FILE NO 9259 Petition for approval of an issue of bonds Filed February 26th 1910 The above named company petitioned the Commission for its approval of an issue of 9000 First Mortgage Bonds After due hearing and investigation the authority prayed for was granted FILE NO 9260 Standard Brick Company vs Special rates on brick Central of Georgia Railway Company r Filed February 24th 1910 Southern Railway Company J This was a petition that the Commission require the defendant companies to publish a special rate on brick from Macon to Atlanta of 21 cents per hundred pounds petitioners basing their claim upon the ground that the rate on brick from Calhoun to Atlanta was 2 cents per hundred pounds and that by reason of said special rate from Calhoun petitioners were unable to compete in the Atlanta market Copy of petition forwarded by the Commission to the de 379 fendant companies and said matter assigned for hearing all parties at interest being advised At said hearing the representatives of the defendant railway companies petitioned the Commission to take up generally the question of rates on brick and give consideration to the matter of the cancellation of all special rates on brick and the application of the Commissions standard tariff on all shipments and let the petition in the present case be considered in connection with said general consideration The request of the railway representatives was granted and notice was accordingly sent out to all parties interested in rates on brick advising them of the hearing fixed in said matter No disposition has yet been made of this question Copy of above stated petition forwarded by the Commission to the Mayor and also to the Postmaster of Midland Ga requesting them to submit this matter to interested citizens and advise the Commission whether or not any objections were entertained to the granting of the railroad companys petition Various citizens of Midland and others interested in said matter filed a protest against such action being taken and the Commission advised the petitioning company that no action could be taken on said matter until after a hearing had and thorough investigation made The railway company requested that a date be fixed for hearing its petition and the Commission accordingly assigned same for April 6th 1910 and said matter now stands on the docket for said hearing The above named company petitioned the Commission for authority to establish Padgetts Siding as a flag stop for its passenger trains with the privilege of discontinuing said flag stop if after a reasonable trial the amount of travel said petition the Commission was of the opinion that same was reasonable and the authority prayed for was accordingly granted FILE NO 9261 Southern Railway Company FILE NO 9262 Experimental passenger train service Augusta Southern Railroad Co at Padgetts Siding Ga Filed February 26th 1910 to and from said point did not justify its maintenance Upon consideration of 380 FILE NO 9263 R P Sibley Refusal to sell tickets for certain vs Louisville Nashville Railroad trains Filed February 26th 1910 Complainant complained that he made application to the agent of the defendant company at Atlanta for a passenger ticket to Marietta Ga offering said agent the price of the ticket but agent refused to sell same for the train on which complainant desired to take passage Upon investigation the Commission found that the train in question was train known as No 32 which is not scheduled to stop at Marietta Ga and does not stop at said point to put off passengers except from points beyond Atlanta on through tickets It further appeared that the advertised schedules of defendant company clearly showed this fact The Commission so advised complainant and no further complaint received Complainants complained that there was a pond of water on defendants right of way near Harris Ga in Meriwether county which in addition to being unsightly was likely to breed disease and petitioned the Commission to call upon said company to either drain said pond or fill it up with dirt Matter taken up witn the railway company and said company on March 14th 1910 advised the Commission that the pond had been drained and filled in Complainants so advised and no further complaint received Complainant complained that the train of the defendant company due to leave Sandersville at 815 A M did not leave that point on February 24th 1910 until 915 a m although said train was not detained upon account of waiting on connections with other trains Upon investigation the Commission found that the train in question was a mixed freight and passenger train and that delay was caused by the engine having to perform switching service in making up train and performing other like service This information communicated to complainant with the advice that if same was not a satisfactory FILE NO 9264 Geo W Jenkins et al vs Macon Birmingham Railway Co FILE NO 9265 vs Sandersville Railroad W A Sturtevant Delayed passenger trains Filed February 28th 1910 381 explanation of his complaint the Commission would take up the question as to whether or not a different character of service should be furnished by the defendant company for this schedule but no further response received from him Complainants complained that the railway companies at interest had increased rates on excelsior from Dalton Ga to New Orleans by publishing special commodity rates which were higher than the class rates The commission took the matter upwith the railway companies but said companies declined to make any change in the rates complained of Commission so advised the complainants with the further advice that if they desired to take this question up with the Interstate Commerce Commission this Commission would assist them in whatever way it could but no further response received The above named railway company petitioned the Commission for authority to remove side track located at Meldrim Ga which was put in for the accommodation of parties desiring to ship wood from that point the reasons being given by said company as to why said track was desired moved were that same was no longer used and that there was no further necessity for the maintenance of same The Commission requested information of the petitioning company as to the names of parties who used said track and upon receiving this information the Commission took the matter up with parties named but no objections were filed by them to the removal of the track The Commission accordingly granted the authority prayed for by the railway company FILE NO 9266 Dalton Excejsior Company vs Railway Companies FILE NO 9267 1 Remo Central of Georgia Railway Company L j Removal of side track Filed February 24th 1910 FILE NO 9268 Central Petition for authority to remove side tracks Filed February 28th 1910 The above named railway company petitioned the Commission for authority to remove side tracks located on its Chattanooga Division at Crews Switch 382 Lisco and Dix Switch upon the grounds that said tracks were not used and that in addition to the expense of maintaining these sidings they were sources of danger in the operation of trains as the spurs connected directly with the main line The Commission requested the petitioning company to furnish it with the names of parties for whom these tracks were constructed and the names of parties theretofore using same and upon the receipt of this information the Commission communicated with said parties requesting them to submit whatever objections they had to the removal of said tracks together with their reasons for such objection but so far no objections have been received No disposition has yet been made of this petition 383 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 and the location and building of passenger and freight depots in this State to prevent unjust discrimination 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 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 Section 1 Be it enacted by the General Assembly of Georgia That there shall be three Commissioners appointed by the Governor with the advice and consent of the Senate to carry out the provisions of this Act of whom one shall he of experience in the law and one of experience in the railway business After the expiration of the terms of the office 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 fact of such suspension and the reasons therefor to the next General Assembly and if a 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 the same 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 during the term of office and in case any Commis Commissioners appointment term and salary 384 Location of office employment of Secretary expenses etc Extortion by railroads forbidden Unjust dis crimination forbidden Duty of commissioners Bloner becomes disqualified ip any way be shall at once remove the disqualifications or resign and on failure so to do he must be suspended 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 Sec II That said Commissioners shall be furnished with an office necessary furniture and stationery and may employ a Secretary or Clerk at a salary of eighteen hundred dollars at the expense of the State The office of said Commissioners shall be kept in Atlanta 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 expended by said Commissioners for office rent furniture and stationery shall in 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 organized or doing business in this State under any Act of incorporation or general law of this State now in force or which may hereafter be enacted or any railroad corporation 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 IV That if any railroad corporation as aforesaid shall make any unjust discrimination in its rates or charges of toll or compensation for the transportation of passengers or freights of any description or for the use and transportation of any railroad car upon 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 provided in the next section of this Act make reasonable and just rates of freight and 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 rules 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 o 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 roa 385 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 just 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 charges 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 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 Sec VI That the said Railroad Commissioners are hereby authorized and required 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 the transportation of passengers and freights and cars on each of said railroads and said schedule shall in 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 less than 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 when any rate or change is made by the Commissioners that affects only one road or roads in a particular locality Commissioners shall make schedule of rates publish same tc Jurisdiction and power of Commissioners Power of Commissioners over contracts between railroads Injuries resulting from violation of rules 386 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 Sec VII That it shall be the duty of said Commissioners to investigate the books 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 of 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 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 Commissioners for inspection and correction that it may be seen whether or not they are a violation of law or of the provisions of the Constitution or of this Act or of the rules 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 rates shall 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 Constitution and shall be illegal and void Sec X That if any railroad company doing business in this State shall in violation of any rule or regulation provided by the Commissioners aforesaid inflict any wrong or injury on any person such person shall have a right of V 387 action and recovery for such 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 wilful 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 be the same as in civil actions except as hereinbefore otherwise provided All fines 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 law against railroad corporations and this Act shall not be 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 individuals 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 j 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 be fixed and collected as provided in section nine of this Act Sec XIV That it shall be 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 XV That 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 siibpoenas sworn to by the witnesses as to number of days served and miles traveled before the clerk of said Commissioners who is hereby authorized to administer oaths In ase any Person shall wilfully fail or refuse to obey such subpoena it shall be the duty f 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 Rules of evidence Meaning of terms Duplicate freight receipts Reports of Commissioners Power of Commissioners over witnesses 388 Railroad officers to report to Commissioners Duty to investigate through rate Shall call attention of railroad officials to discriminations Shall appeal to Interstate Commission AttorneyGeneral to represent Commission before the Commissioners and givtf 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 XVI That every officer agent or employee of any railroad company who shall wilfully neglect or refuse to make and furnish any report required by the Commissioners as necessary to the purpose of this Act or who shall wilfully 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 offense to he 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 AN 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 after the passage of this Act it shall be the duty of the Railroad Commission of the State of Georgia to investigate thoroughly all through freight rates from points out of Georgia to points in Georgia both those now fixed and those that may hereafter be fixed Sec 2 Be it further enacted That whenever the Railroad Commission of Georgia finds that a through rate charged into or out of Georgia is in their opinion excessive or unreasonable or discriminating in its nature it shall be the duty of the Railroad Commission to call the attention of the railroad officials in Georgia to the fact and to 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 the suggestion of the Railroad Commission it shall be the duty of the Commission to present the facts whenever it can legally be done to the Interstate Commerce Commission and appeal to it for relief Sec 4 Be it further enacted That in all work devolving upon the Railroad Commission prescribed by this Act they shall receive upon application the services of the AttorneyGeneral of this State and he shall also represent them whenever called upon to do so before the Interstate Commerce Commission 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 POWER TO BRING SUIT AN ACT To amend Section 119 i of the Code of Georgia of 1882 and for other purposes Section 1 Be it enacted by the General Assembly of the State of Georgw and it is hereby enacted by the same That section 719 i of the Code of Georgia of 182 be and the same is amended by adding thereto the following 389 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 of 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 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 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 as now provided by law The Commissioners 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 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 hereby repealed Approved October 16 1891 AMENDING TITLE OF ACT AN ACT To amend an Act entitled an Act to provide for the regulation of railroads 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 corporation 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 approved October Ilf 1879 Section 1 Be it enacted by the General Assembly of this State and it is hereby enacted by the authority of the same That the caption of the above recited Act be and the same isx hereby amended as follows towit After the word tariffs in the second line add the following words And the location and building of passenger and freight depots so that the whole caption of said Act will read as follows An Act to provide for the regulation of railroad freight and passenger tariffs and the location and building of passenger and freight depots in this State Penalty for violation of rules Amending section TX of original act Power to institute suit without notice Caption of Act of Oet 1879 amended By inserting and the location and building of passenger and freight depots 390 to prevent unjust discrimination 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 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 by Commission required If condition unsafe to be put and kept in safe condition Reasonable time to be given Not to affect liability for damages Penalty for not obeying orders INSPECTION OF RAILROAD TRACKS AN ACT To give the Railroad Commission of Georgia authority upon complaint made td inspect the railroads or any railroad or any part 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 other purposes Section 1 Be it enacted by the General Assembly of the State of Georgia That from and 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 railroads or any railroad or any part of any railroad in this State and if the same is 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 Provided That reasonable time be given the railroad authorities in which to accomplish the work or repairs that may be required or ordered Provided That this Act shall not limit or affect the liability of railroads in cases of damage to person or property Sec 2 Be it further enacted That any railroad failing or refusing to obey the orders of said Commission within the time allowed for said work shall be liable to a penalty of not more than five thousand dollars to be recovered by a suit brought in the name of1 the State in which suit the AttorneyGeneral or SolicitorGeneral shall represent the State 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 STORAGE CHARGES AN ACT To require the Railroad Commission to fix rates of storage to be charged if Railroad Companies in this State to prescribe regulations for charging the same and to prescribe how suit shall be brought for overcharges and to the measure of recovery and for 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 Com 391 mission 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 of 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 or 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 recover the 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 17th 1891 TO REGULATE EXPRESS AND TELEGRAPH COMPANIES AN ACT 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 State and for other purposes Section 1 Be it enacted by the General Assembly of the State of Georgia That from and after the passage of this Act all companies or persons owning controlling or operating or that may hereafter own control or operate a line or lines of Express or Telegraph whose line or lines is or are in whole or in Part in this State shall be under the control of the Railroad Commissioners of Commission to fix charges for storage And when such charges shall begin Power to vary rates Provisions of other acts as to Railroad Commission applied Express ana Telegraph Companies to be under the control of the Commission I 392 For regulation of prices Powers over railroads and penalties against them of force as against express and telegraph companies So far as applicable Location of agencies Regulation of charges only as to transportation and messages in this State Railroad Commission may regulate transportation of freights this State who shall have full power to regulate the prices to he charged by any company or person or persons owning controlling or operating any line or lines of Express and Telegraph for any service performed by such company person or persons and all the powers given to said Commissioners over railroads in this State and all the penalties prescribed against Railroad Companies or persons operating railroads by existing laws embraced in sections of the Code of 1882 from Section 719 a to Section 719 p both inclusive are hereby declared to be of force against corporations companies or a person or persons owning controlling or operating a line or lines of Express and Telegraph doing business in this State whose line or lines is or are wholly or in part fn this State so far as said provisions of the Code can be made applicable to any corporation company person or persons owning controlling or 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 Stations Sec 2 Be it further enacted by the authority aforesaid That the powers of the Commissioners to regulate charges by corporations companies and persons herein referred to shall apply only to charges by express for transportation from one point to another in this State and messages sent by telegraph from one point to another in this State 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 21 1891 PROMPT RECEIVING AND DELIVERY OF FREIGHT AN ACT To further extend the powers of the Railroad Commission of this State and to confer upon the Commission the power to regtilate the time and manner within which the several railroads in this State shall receive receipt for forward and deliver to its destination all freights of every character which may he tendered or received by them for transportation to provide a penalty for noncompliance with any and all reasonable rules regulations and orders prescribed by the said Commission in the execution of these powers and for other purposes Section 1 Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same That from and after the passage of this Act The Railroad Commission of this State shall be and is hereby vested with full power and authority to make prescribe and enforce all such reasonable rules regulations and orders as may be necessary in order to compel and require the several railroad companies in this State to promptly receive receipt for forward and deliver to destination all freights of every character which may be tendered or received by them for transportation and as well such reasonable rules regulations and orders as may be necessary to compel and require prompt delivery of all freights on arrival at destination to the consignee Sec 2 Be it further enacted by the authority aforesaid That whenever a shipper or consignor shall require of a railroad company the placing of a car or cars to be used in carload shipments then in order for the consignor or shipper to avail himself of the forfeitures or penalties prescribed by the rules and regu 393 lations of said Railroad Commission it must first appear that such shipper or consignor made written application for said car or cars to said railroad provided further that such Railroad Commission shall by reasonable rules and regulations provide the time within which said car or cars shall be furnished after being ordered as aforesaid and the penalty per day per car to be paid by said railroad company in the event such car or cars are not furnished as ordered and provided further that in order for any shipper or consignor to avail himself of the penalties provided by the rules and regulations of said Railroad Commission such shipper or consignor shall likewise be subject under proper rules to be fixed by said Commission to the orders rules and regulations of said Railroad Commission Sec 5 Be it further enacted by the authority aforesaid That all laws and parts of laws in conflict with this Act be and the same are hereby repealed Approved August 23 1905 CARS FOR WHITE AND COLORED PASSENGERS AN ACT To require all railroads doing business in this State to furnish equal accommodations and separate cars or compartments for white and colored passengers to require said companies to furnish comfortable seats and to sufficiently light and ventilate said cars to provide for keeping white and colored passengers in their respective cars or compartments to give conductors and other employees of railroads and conductors of dummy electric and street cars certain powers and authority over passengers to comply with the regulations made by said companies under the provisions of this Act to provide a penalty for the violation of the same and for other purposes Section 1 Be it enacted by the General Assembly of Georgia That from i ana arter the passage of this Act all railroads doing business in this State shall modations in be required to furnish equal accommodations in separate cars or compartments Krate of cars for white and colored passengers Provided that this Act shall not apply to sleping cars Sec 2 Be it further enacted That all conductors or other employees in Employees charge of such cars shall be required to assign all passengers to their respective to assign cars or compartments of cars provided by the said companies under the pro thefranf visions of this Act and all conductors of dummy electric and street cars shall mentsmpart be required and are hereby empowered to assign all passengers to seats on the cars under their charge so as to separate the white and colored races as much as practicable and all conductors and other employees of railroads and all conductors of dummy electric and street cars shall have and are hereby invested with police powers to carry out the provisions of this Act Sec 3 Be it further enacted That any passenger remaining in any car or Penalty for compartment or seat other than that to which he may have been assigned shall prisions be guilty of a misdemeanor and on conviction thereof shall be punished as pre of this actscribed in section 4310 of the Code of 1882 Jurisdiction of such offenses shall be in the county in which the same occurs The conductor and any and all employees on such cars are hereby clothed with power to eject from the train or 394 Cars properly divided White and colored passengers not to occupy same compartments Cars to be comfortable etc car any passenger who refuses to remain in such car or compartment or seat as may be assigned to him Sec 4 Be it further enacted That when a railroad car is divided into compartments the space set apart or provided for white and colored passengers respectively may be proportioned according to the proportion of usual and ordinary travel by each on the road or line on which said cars are used Sec 5 Be it further enacted That it shall be unlawful for the officers or employees having charge of such railroad cars to allow or permit white and colored passengers to occupy the same car or compartment and for a violation of this section any such officer or employee shall be guilty of a misdemeanor and on conviction thereof shall be punished as is prescribed in section 4310 of the Code of 1882 Sec 6 Be it further enacted That the provisions of this Act shall not apply to nurses or servants in attendance on their employers Sec 7 Be it further enacted That all companies operating and using compartment cars or separate cars shall furnish to the passengers comfortable seats and have such cars well and sufficiently lighted and ventilated and a failur t0 so do shall be a misdemeanor punishable under section 4310 of the Code of 18 Sec 8 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 21 1901 TAX AGAINST RAILROAD EXPRESS SLEEPINGCAR AND TELEGRAPH COMPANIES No 32 An Act to authorize the ComptrollerGeneral to appoint one of the Railroad Commissioners of this State to act as arbitrator in certain cases and for other purposes Section I Be it enacted by the General Assembly of Georgia That from and after the passage of this Act that in all cases of disagreement between the ComptrollerGeneral and any railroad or express company sleepingcar c panies and telegraph companies owning property in this State as to the tax value of their said property and where said differences are referre 0 a trators the ComptrollerGeneral shall appoint any one of the Railroad Comm sioners to act as arbitrator for the State in each case and it shall be e of said Railroad Commissioner when thus appointed to perform e u arbitration without any additional compensation to his regular salary Sec II Be it further enajcted That all laws and parts of laws in conflic with this Act are hereby repealed Approved December 12 1894 395 ELECTION OF RAILROAD COMMISSIONERS An Act To provide for the election of railroad commissioners of this State by the electors of the whole State and for other purposes Section 1 Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same That the railroad commissioners of this State shall hereinafter be elected by the electors of the whole State who are entitled to vote for members of the General Assembly Sec 2 Be it further enacted by the authority aforesaid That successors to the incumbents be elected at the first general election preceding the expiration of their terms of office respectively that is to say at the general election to be held on the first Wednesday in October 1906 one commissioner shall be elected to succeed the incumbent whose term will expire on the fifteenth day of October 1907 and one commissioner shall be chosen at the general election to be held on the first Wednesday in October 1908 to succeed the then incumbent whose term of office will expire on the fifteenth day of October 1909 and one commissioner shall be chosen at the general election to be held on the first Wednesday in October 1910 to succeed the then incumbent whose term of office will expire on October 15 1911 and so on Sec 3 Said election to be held under the same rules and regulations as now apply to the election of governor of this State Sec 4 Be it further enacted by the authority aforesaid That in case of vacancy causing an unexpired term the same shall be filled by executive appointment and the person appointed shall hold his office until the next regular general election and until his successor for the balance of the unexpired term shall have been elected and qualified Sec 5 Be it further enacted by the authority aforesaid That all laws and parts of laws in conflict with this Act be and the same are hereby repealed Approved August 21 1906 STATION ACCOMMODATIONS FOR PUBLIC AT NIGHT An Act To require all railroads operating passengertrains and taking on and putting off passengers or that operate such trains at or through countyseats and towns and cities having a population of more than 1000 in this State to keep open at night at their depot stations at such places before the arrival and departure of said trains a lighted and comfortable room for the accommodation of their passengers and for other purposes Section 1 Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid That from and after the fifteenth day of September 1906 all railroad companies operating passengertrains and taking on and putting off passengers or that operate passengertrains at or through countyseats and towns and cities having a population of more than 1000 in bis State shall be and they are hereby required to keep open at least one hour before arrival of and half an hour after the departure according to the Railroad Commissioners election of Term of office and elections Regulations Vacancies Railroad Passengers station accommodations for at night 396 Penalty for failure to provide Railroad Commission powers of Experts employed Spur tracks Regulation of passenger service Connections may be required Overcbai ges etc adjusted Freight carriage of etc regulated schedule time for the arrival of and the departure of said trains a lighted and comfortable room between the hours of 6 oclock p m and 6 oclock a m for the comfort and convenience of their passengers Sec 2 Be it further enacted by the authority aforesaid That a failure to comply with the terms of this Act by any railroad company shall be a misdemeanor and said company or corporation shall upon conviction for the offense be punished as prescribed in Section 1039 of the Criminal Code of 1895 Sec 3 Be it enacted by the authority aforesaid That all laws and parts of laws in conflict with this Act be and the same are hereby repealed Approved August 18 1906 POWERS OF COMMISSION AMENDMENT TO ACT OF 1907 An Act To amend An Act to increase the membership of the Railroad Commission of Georgia and to prescribe the qualifications for membership etc approved August 13 1907 Section 1 Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same That an Act approved August 23 1907 entitled An Act to Increase the Membership of the Railroad Commission of the State of Georgia and to Prescribe the Qualifications for Membership etc be and the same is hereby amended by adding after the word other in the nineteenth line of Section 7 of said Act the following Or entering the same incorporated town or city within this State so that said section as amended shall read as follows Be it further enacted That the railroad commission shall have authority to ascertain the cost of construction and the present value of properties in Georgia owned by said corporations or companies and to that end may employ necessary experts Said commission shall have authority to prescribe rules with reference to spur tracks and side tracks with reference to their use and construction removal or change with full power to compel service to be furnished to manufacturing plants warehouses and similar plants of business along the line of railroads where practicable and in the judgment of the commission the business is sufficient to justify and on such terms and conditions as the commission may prescribe It shall have power and authority to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community It shall have power and authority when in its judgment practicable and to the interest of the public to order and compel the making and operation of physical connection between lines of railroads crossing or intersecting each other or entering the same incorporated town or city within this State It shall have authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses or failures to decline to do so if deemed unjust in a reasonable time It shall have power and authority to prescribe rules and penalties covering and requiring the prompt receipt carriage and delivery of freight the prompt furnishing of cars to shippers desiring to ship freight and shall also be authorized to prescribe rules and penalties for the transfer of cars through yards 397 by connecting roads Said commission shall have power and authority to order the erection of depots and stations where it deems the same necessary and to order the appointment and service thereat of depot or station agents The commission shall have the power and authority to regulate schedules and compel connections at junction points of competing lines Sec 2 Be it further enacted by the authority aforesaid That all laws and parts of laws inconflict with this Act or any provision thereof be and the same are hereby repealed Approved August 17 1908 INCREASING MEMBERSHIP AND POWERS OF COMMISSION AN ACT To increase the membership of the Railroad Commission of Georgia and to prescribe the qualifications for membership to authorize the designation of a chairman thereof by the Governor and to prescribe his duties and compensation to revisp enlarge and more clearly define the powers duties and rights of said Commission to authorize it to employ rate and other experts and to fix their pay to increase the printing fund and the salary of the Secretary of the Commission to employ a stenographer and fix his pay to extend its powers and jurisdiction over docks and wharves terminal companies cotton compress companies corporations or persons owning leasing or operating railway terminals or terminal stations over telephone or telegraphic companies or corporations or persons owning leasing or operating any public telephone service in this State and over street railroads and street railroad corporations companies or persons owning leasing or operating street railroads in this State over gas and electric light and power companies corporations or persons owning leasing or operating public gas plants electric light and power plants furnishing power to the public to fix the domicile of the Railroad Commission and prescribe what courts of this State have jurisdiction over proceedings instituted against it to prescribe and fix penalties and punishments for failure or refusal to observe any order rule or regulation of the Railroad Commission and to prescribe the form of procedure for enforcing same to repeal sections 2195 and 2196 of the Code of Georgia 1895 touching penalties and procedures to enforce the same for a violation of the orders rules and regulations of the Commission to repeal sections 3 and 4 of the Act approved August 23 1905 prescribing certain penalties and forms of procedure for enforcing same and for other purposes Section I From and after the passage and approval of this Act the Railroad Commission of Georgia shall consist of five members to be elected by the qualified voters of Georgia as prescribed in the Act approved August 21 1906 The terms of oflice of the two additional Commissioners provided for in this Act shall expire one on December 1 1911 and the other December 1 1913 and thereafter the terms shall be for six years each The Governor by and with the consent of the Senate shall appoint the two additional Commissioners immediately after the passage and approval of this Act but the appointees hereunder shall be commissioned only until December 1 1908 said positions to be Depots Schedules Five Commissioners Terms of office 398 Qualification of Commissioners Chairman of Board Rate Expert Printed reports admissible as evidence Authority over Street Railroads Docks Terminals and other corporations filled for the unexpired terms by twq Commissioners to be elected at the regular general election on the first Wednesday in October 1908 In order that there may be uniformity of expiration of the terms of all the Railroad Commissioners the term of the present Commissioner expiring on October 15 1909 shall be extended to December 1 1909 the term of the present Commissioner expiring on October 15 1911 shall be extended to December 1 1911 and the term of the Commissioner expiring October 15 1913 shall be extended to December 1 1913 their respective successors to be elected for full terms of six years each Sec 2 Any person thirty years of age who is qualified to vote as an elector in this State and who is not directly or indirectly interested in any mercantile business or any corporation that is controlled by or that participates in the benefit of any pool combination trust contract or arrangement that has the effect or tends to increase the cos to the public of carriage heat light power or of any commodity or merchandise sold to the public shall be eligible to membership on said Commission without reference to his experience in law or railway business Sec 3 It shall be the duty of the Commission to elect from its membership the chairman of the Railroad Commission of Georgia who shall hold the position of chairman for a term of two years and who shall give his entire time ta the duties of his office and who shall receive therefor during his term as chairman a salary of four thousand dollars 4000 per annum to be paid from the State Treasury Sec 4 The said Railroad Commission is hereby authorized and empowered to employ one or more rate experts at a total cost not to exceed four thousand dollars 4000 per annum for the entire service to be rendered under the direction of the Commission Sec 5 Thepower to determine what are just and reasonable rates and charges is vested exclusively in said Commission The printed reports of the Railroad Commission published by its authority shall be admissible as evidence in any court in Georgia without further proof and the schedules of rates made by the Commission and any order passed or rule or regulation prescribed by the Commission shall be admissible in evidence in any court in Georgia upon the certificate of the Secretary of the Commission The powers and duties heretofore conferred by law upon the Railroad Commission are hereby extended and enlarged so that its authority and control shall extend to street railroads and street railroad corporations companies or persons owning leasing or operating street railroads in this State provided however that nothing herein shall be construed to impair any valid subsisting contract now in existence between any municipality and any such company and provided that this Act shall not operate as a repeal of any existing municipal ordinance nor shall it impair nor invalidate any future contract or ordinance of any municipality as to the public uses of such company that shall receive the assent of the Railroad Commission over docks and wharves and corporations companies or persons owning leasing or operating the same over terminals or terminal stations and corporations companies or persons owning leasing or operating such cotton compress corporations or associations and 399 persons or companies owning leasing or operating the same and over tele graph or telephone corporations companies or persons owning leasing or operating a public telephone service or telephone lines in this State over gas and electric light and power companies corporations or persons owning leasing or operating public gas plants or electric light and power plants furnishing service to the public Sec 6 The Railroad Commission of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law and shall have the general supervision of all common carriers railroads express corporations or companies street railroads railroad corporations or companies dock or wharfage corporations or companies terminal or terminal station corporations or companies telephone and telegraph corporations or companies within this State gas or electric light and power companies within this State and while it may hear complaints yet the Commission is authorized to perform the duties imposed upon it of its own initiative and to require all common carriers and other public service companies under their supervision to establish and maintain such public service and facilities as may be reasonable and just either by general rules or by special orders in particular cases and to require such publication by common carriers in newspapers of towns through which their lines extend of their schedules as may be reasonable and which the public convenience demands Said Commission is hereby given authority to examine into the affairs of said companies and corporations and to keep informed as to their general condition their capitalization their franchises and the manner in which their lines owned leased or controlled are managed conducted and operated not only With respect to the adequacy security and accommodation afforded by their service to the public and their employees but also with reference to their compliance with all provisions of law orders of the Commission andcharter requirements Said Commission shall have the power and authority whenever it deems advisable to prescribe establish and order a uniform system of accounts to be used by railroads and other corporations over which it has jurisction hereunder the same to be as far as practicable in conformity with the system of accounts prescribed by the Interstate Commerce Commission to examine all books contracts records and documents of any person or corporation subject to their supervision and compel the production thereof Said Commission shall have the power through any one or more of its members at its irection to make personal visitation to the offices and places of business of said companies for the purpose of examination and such Commissioner or ommmsioners shall have full power and authority to examine the agents and P oyees of said companies under oath or otherwise in order to procure inormation deemed by the Commissioners necessary to their work or of value to ne public Provided that nothing in this Act shall be so construed as to repeal or abrogate any existing law or rule of the Railroad Commission as to rat 06 r hearings to persons railroads or other corporations interested in the es orders rules or regulations issued by said Commission before the same chLf nr t0 r6peal the law of this State as t0 notice by Publication of a am m ratS as proyided in tbe Act approved October 14 1879 or any Act amendatory thereof y Power of Commission Sidetracks Passenger service Physical connection Overcharges and losses Transferring cars Depots and Agents Schedules Issuance of Stocks and Bonds Sec 7 The Railroad Commission shall have authority to ascertain the cost of construction and the present value of properties in Georgia owned by said corporations or companies and to that end may employ necessary experts Said Commission shall have authority to prescribe rules with reference to spurtracks and sidetracks with reference to their use and construction removal or change with full power to compel service to be furnished to manufacturing plants warehouses and similar places of business along the lines of railroads where practicable and in the judgment of the Commission the business is sufficient to justify and on such terms and conditions as the Commission may prescribe It shall have power and authority to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community It shall have power and authority when in its judgment practicable and to the interest of the public to order and compel the making and operation of physical connection between lines of railroads crossing or intersecting each other It shall have authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses or failure to decline to do so if deemed unjust in a reasonable time It shall have power and authority to prescribe rules and penalties covering and requiring the prompt receipt carriage and delivery of freight and the prompt furnishing of cars to shippers desiring to ship freight and shall also be authorized to prescribe rules and penalties for the transfer of cars through yards by connecting roads Said Commission shall have power and authority to order the erection of depots and stations where it deems the same necessary and to order the appointment and service thereat of depot or station agents The Commissioners shall also have the power and authority to regulate schedules and compel connection at junction points of competing lines Sec 8 Each of the companies or corporations over which the authority of the Railroad Commission is extended by law shall be required to furnish sald Commission a list of any stocks and bonds the issuance of which is contemplated and it shall be unlawful for any of said companies or corporations to issue stocks bonds notes or other evidences of debt payable more than twelve months after the date thereof except upon the approval of said Railroad Commission and then only when necessary and for such amounts as may be reasonably required for the acquisition of property the construction and equipment of power plants carsheds and the completion extension or improvement of its facilities or properties or for the improvement or maintenance of its service or for the discharge or lawful refunding of its obligations or for lawful corporate purposes falling withinthe spirit of this provision the decision of the Commission to be final as to the validity of the issue Before issuing such stock bonds notes or other evidences of debt as above mentioned such corporations or companies shall secure an order from the Commission authorising such issue the amount thereof and the purpose an use for which the issue is authorized For the purpose of enabling the Commission to determine whether such order should be issued it shall make such inquiry or investigation hold sue hearings and examine such witnesses books papers documents or contracts as it may deem advisable or necessary Such corporations or companies may 401 1Ssue notes or other evidences of indebtedness for proper corporate purposes and not in violation of any provision of this Act or any other law payable at periods of not more than twelve months from date without such consent but no such notes or other evidences of indebtedness shall in whole or in part directly or indirectly be refunded by any issue of stocks or bonds or by any evidence of indebtedness running for more than twelve months without the consent of the Commission Any Railroad Commissioner of this State or any employee of said Railroad Commission who shall disclose or impart to any one except when legally called upon by a court of competent jurisdiction any fact knowledge of which was obtained in his official capacity from or through any proceedings filed with the said Railroad Commission under this section shall be guilty of a misdemeanor and subject to a prosecution therefor provided that this shall not apply to such facts or information obtained through public hearings or such as are not confidential in their nature Sec 9 In case a common carrier or other corporation or company mentioned in this Act shall do cause to be done or permit to be done any act matter or thing prohibited forbidden or declared to be unlawful or shall omit to do any act matter or thing required to be done either by any law of the State of Georgia by this Act or by an order of the Commission such common earner or other corporation or company shall be liable to the persons or corporations affected thereby for all loss damage or injury caused thereby or resulting therefrom and in case of recovery if the jury shall find that such act or omission was wilful it may fix a reasonable counsels or attorneys fee which fee shall be taxed and collected as part of the cost in the case An action to recover for such loss damage or injury may be brought in any court of competent jurisdiction by any such person or corporation Sec io The procedure for the enforcement of penalties for a violation the orders rules or regulations of the Railroad Commission provided in sec ions 2195 and 2196 of the Code of Georgia of 1895 are hereby repealed provided that nothing in this Act shall be construed as to affect suits now Pending for penalties or to affect penalties upon which right of action shall aave accrued prior to the passage and approval of this Act H p Scions 3 and 4 of the Act approved August 23 1905 conferring upon the Commission the power to regulate the time and manner within J ich the several railroads of the State shall receive receipt for forward and Vr to its destination freight the said sections applying to penalties Paced upon said railroad companies providing penalties for the violation i rules orders and regulations established by the Railroad Commission n reference to same and providing a procedure to enforce said penalties and the same are hereby repealed and the penalties prescribed by this all vadthe procedure t0 enforce the same are made applicable to any and violations of the rules orders and regulations established by the Commission tioTi 12 EVGry common carrier railroad street railroad railroad corporaaJ 6t railroad corporation express telephone telegraph dock wharfage col company or corporation within the State and other corporations uipanies or persons coming under the provisions of this Act and all Indebtedness payable with in twelve months exempted Commissioners required to treat official information confidential Liability of corporations Repeal of Sections of Code Repeal of Section 3 and 4 Act approved August 23 1905 402 Penalty for violations of Rules and OrMers of Commission How action to recover penalties may be brought Punishment for aiding o abetting violations Officers approving or directing violations officers agents and employees of the same shall obey observe and comply with every order made by the Commission under this Act or tinder authority of Acts heretofore passed Any common carrier railroad street railroad railroad corporation street railroad corporation express telephone telegraph dock wharfage or terminal company or corporation cotton compress companies within this State and other corporations companies or persons coming under the provisions of this Act which shall violate any provision of this Act or of the Acts heretofore passed or which fails omits or neglects to obey observe and comply with any order direction or requirements of the Commission heretofore or hereafter passed shall forfeit to the State of Georgia a sum of not more than 5000 for each and every offense the amount to be fixed by the presiding judge Every violation of the provisions of this Act or of any preceding Act or of any such order direction or requirement of the Railroad Commission shall be a separate and distinct offense and in case of a continued violation every day a violation thereof takes place shall be deemed a separate and distinct offense An action for the recovery of such penalty may be brought in the county of the principal office of such corporation or company in this State or in the county of the State where such violation has occurred and wrong shall be perpetrated or in any county in this State through which said corporation or company operates or where the violation consists of an excessive charge for the carriage of freight or passengers or service rendered in any county in which said charges are made or through which it was intended that such passenger or freight should have been carried or through which such corporation operates and shall he brought in the name of the State of Georgia by direction of the Governor Any procedure to enforce such penalty shall be triable at the first term of the court at which it is brought and shall be given precedence over other business by the presiding judge and the court shall not be adjourned until such proceeding is legally continued or disposed of The decision in such case may be taken to the Supreme Court as now provided in cases of the grant or refusal of injunctions by judges of the superior courts Sec 13 Every officer agent or employee of any such common carrier corporation or company who shall violate or procures aids or abets any vio lation by any such common carrier or corporation or company of any provision of this Act or which shall fail to obey observe or comply with any order of the Commission or any provision of any order of the Commission or who procures aids or abets any such common carrier or corporation or company in its failure to obey observe and comply with any such order direction or provision shall be guilty of a misdemeanor and on conviction thereof shal be punished as prescribed in section 1039 of the Penal Code of 1895 and shal be subject to prosecution in any county in Georgia in which said common carrier or corporation or company or officer agent or employee viola es the provisions of this Act or any provisions of any order of the Commission or in any county through which said corporation operates Any officer agent or employee shall also be subject to indictment under the provisions of this section in any county in which a subordinate agent or employee of the company fiolates the provisions of this Act by the approva 403 or direction or in consequence of the approval or direction of such officer agent or employee and the agent or employee who locally in any county violates the rules or directions of said Commission in pursuance of the direction or authority of his superior officer or agent of said company may be called as a witness and be Compelled to testify showing the authority by which he acted and such testimony shall not be used against suchsubordinate employee or agent nor shall he thereafter be subject to indictment for said offense Sec 14 The domicile of the Railroad Commission of Georgia is hereby fixed at the capitol of the State in Atlanta Fulton county and no court of this State other than those of Fulton county shall have or take jurisdiction in any suit or proceeding brought or instituted against said Commission or any of its orders or rules Sec 15 The contingent expense fund of the Railroad Commission shall not exceed 3000 per annum out of which it shall pay for office supplies furniture postage stationery traveling and other actual expenses of any Commissioner incurred by order of the Commission in the discharge of his duties etc the said sum or so much thereof as may be necessary to be paid out of the State Treasury on the order of the Governor The salary of the secretary of the Railroad Commission is hereby fixed at 2000 per annum The printing fund of the Commission is hereby fixed at the sum of 2000 per annum The Commission is hereby authorized and empowered to employ a stenographer at a salary not to exceed 1200 per annum Sec 16 The office of attorney to the Railroad Commission is hereby created and the Governor is hereby authorized to appoint said attorney whose term of office shall be for four years and until his successor is qualified and who shall receive a salary of 2500 a year which said attorney may be removed by the Governor at any time Sec 17 That all laws and parts of laws iif conflict with this Act or any provision thereof be and the same are hereby repealed Approved August 22 1907 Domicile of Commission Contingent and Printing Funds Attorney to Commission Repealin Section 404 CARS FOR PEACHES CANTALOUPES ETC AN ACT To require railroad companies to furnish proper and necessary cars for the transportation of peaches cantaloupes the railroad companies liable when they fail to do so to prescribe the terms under which they shall be furnished to make the railroad companies liable when they fail to do so to prescribe rule and measure of damages for failure to furnish cars and to prescribe penalties for shippers who order cars and fail to use them and for other purposes Section 1 Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same That it shall be the duty of the railroad companies of this State to furnish to any grower or growers of peaches apples cantaloupes watermelons or other perishable products suitable icing and refrigerator cars or other suitable cars for the transportation of such products whenever application is made therefor in writing by the shipper twentyfour hours in advance of the time such car or cars are wanted for loading Such application to be filed with the nearest agent of the railroad company to the point from which shipment is to be made and it shall state the time and place from which shipment is desired Sec 2 Be it further enacted That whenever ny railroad company shall fail to furnish such icing and refrigerator cars as required in section 1 of this Act and the shipper places his product in carload lots or in cases of less than carload lots expresses to the agent of the railroad company his willingness to pay charges for carload lots then such railroad company shall be liable for the market value of such product with interest thereon The market value to be determined by the market value of the product less the cost of carriage and the usual expense of selling in the market to which the shipper intended shipping same on the day such product would have arrived had the same been carried in the usualof transportation on schedule time for such freight In order to avail himself of this rule of damage the shipper shall in writing notify the agent of the railroad company of the market to which he intended to ship his product Payment shall be made by the railroad company for such product within thirty days after written claim has been filed with the company therefor In the event that such railroad company shall fail to make payment as herein provided or tender the correct amount therefor it shall be liable for an additional fixed Knm of fifty dollars for each car as liquidated damages for failure to perforin its duty in the premises such liquidated damages to be recovered in any cause brought for the recovery of damages on the main claim in the event recovery is had thereon Sec 3 Be it further enacted that in the event the shipper fails or refuses to accept such car or cars when furnished under condition and as herein required he shall be liable to the railroad company for the sum of ten dollars per car and the cost of the first or initial icing in the event that the same is iced and should he fail or refuse to pay same within thirty days 405 after written demand therefor shall be liable for twenty dollars instead of ten as herein fixed together with the cost of icing and judgment may be rendered for said sums by any court having jurisdiction of the cause Approved August 22 1907 LIABILITY OF RAILROADS FOR DAMAGE TO PROPERTY IN TRANSPOR f TATION An Act To provide that any common carrier receiving property for transportation between points wholly within this State shall be liable for any loss or damage to such property whether caused by it or by any connecting carrier over whose lines such property may pass also to provide a penalty for the failure of any common carrier to adjust and pay within a time specified any just claim for loss or damage to property received for transportation and for other purposes Section 1 Be it enacted by the General Assembly of the State of Georgia That from and after the passage of this Act any common carrier railroad or transportation company receiving property for transportation between points wholly within this State shall issue a receipt or bill of lading therefor and shall be liable to the holder thereof for any loss damage or injury to such property caused by it or by any common carrier railroad or transportation company t6 which such property may be delivered or over whose line or lines such property may pass and no contract receipt rule or regulation shall exempt such common carrier railroad or transportation company from the liability herein imposed provided that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law Sec 2 Be it further enacted That every claim for loss or damage to property or overcharge for freight for which any common carrier may be liable shall be adjusted and paid by such common carrier within sixty days in cases of shipments wholly within this State and within ninety days in cases of shipments between points without and points within this State after such claim duly verified by the oath of the claimant or his agent shall have been filed with the agent of the initial carrier or with the agent of the carrier upon whose line the loss or damage or overcharge actually occurred In the event such claim is not adjusted and paid within the time limited the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof and shall also be liable for a penalty of 5000 for every such failure to adjust and pay said claim to be recovered by the party damaged in any court of competent jurisdiction provided that unless such claimant shall in such action recover the full amount claimed no penalty shall be recovered but the recovery shall be limited to the actual loss or damage r overcharge with interest thereon from the date of filing said claim Sec 8 Be it further enacted That all laws and parts of laws in conflict herewith be and the same are hereby repealed Approved August 18 1906 Bills of lading between points within State Claims against railroad companies penalty for failure to pay 406 Power to regulate fates 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 required CONSTITUTION ARTICLE IVSection II Paragraph 1 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 unjust discriminations on the various railroads of this State and prohibit said roads from charging other than just and reasonable rates and enforce 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 roads to take stock in or aid in the building of any branch road Par TV 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 monopoly and all such contracts and agreements shall 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 publib 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 YI 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 407 The following references to the laws of the State on the subject of transporta tion of passengers and freight by Common Carriers are here inserted as relating to matters of general interest A Railroad companies are common carriers and liable as such Code of Georgia section 2297 B A common carrier is bound to receive all goods and passengers offered that he is able and accustomed to carry upon compliance with such reasonable regulations as he may adopt for his own safety and the benefit of the public Code Section 2278 C Carriers of passengers may refuse to admit or may eject from their conveyances all persons refusing to comply with reasonable regulations or guilty of improper conduct 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 2296 D A carrier of passengers is bound also to extraordinary diligence on behalf of himself and his agents to protect the lives and persons of his passengers But he is not liable for injuries to the person after having used such diligence Code Section 2266 E The carrier of passengers is responsible only for baggage placed in his custody yet a passenger can not relieve himself from liability for freight by assuming to take care of his own baggage Code Section 2280 F It is the duty of the railroad company to cause their conductors agents or employees 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 has a lien on the baggage not only for its freight but for the passengers fare Code Sections 2281 and 2289 G A carrier of passengers may limit the value of the baggage to be taken for the fare paid In case of loss however and though no extra freight has been demanded or paid the carrier is responsible for the value of the baggage lost Liability of Railroad Companies as carriers Time of responsibility What passengers may be refused Carrier of passengers For baggage On baggage Limit as to value of baggage Equal accommodations to all Police of railroads Posting time of delayed trains Carriers bound to extraordinary diligence 408 provided the same be only such articles as a traveler for business or pleasure would carry for his or her own use Code Section 2288 H Railroad companies shall keep in each passenger car or in any car in which passengers are transported an adequate supply of good pure drinking water at all hours during the day and night and lights during the night for the use of passengers Any conductor or agent of a railroad who after being requested by a passenger to furnish a sufficient supply of water to the passengers in each car in the day or night and light at night shall pass any depot or station without so doing may be indicted in any county through which said railroad runs of which he is agent or conductor and shall be punished as for a misdemeanor Code Section 522 and 523 I Common carriers of passengers for hire shalFturnish like and equal accommodations to all persons without distinction of race color or previous condition Code Section 525 J The conductors of a train carrying passengers are invested with all the powers duties and responsibilities of police officers while on duty on their trains Provided nothing herein contained shall affect the liability of any railroad company for the acts of its employees When a passenger is guilty of disorderly conduct or uses any obscene profane or vulgar language or plays any game of cards or other game of chance for money or other thing of value the conductor of the train may stop it at the place where such offense is committed and eject the passenger from the train Code Section 902 K Whenever any passenger train on any railroad in this State shall be more than onehalf of one hour behind its schedule time when it passes a depot at which there is a telegraph operator during the hours that such operator is required to be on duty it shall be 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 to be kept Code Section 2235 L One who pursues the business constantly or continuously for any period of time or any distance of transportation is a common carrier and as such is bound to use extraordinary diligence In cases of loss the presumption of law is against him and no excuse avails him unless it was occasioned by the act of God or the public enemies of the State Code Section 2264 409 t M A common carrier can not limit his legal liability by any notice given either by publication or by entry on receipts given or tickets sold He may make an express contract and will then be governed thereby Code Section 2276 N The common carrier is bound not only for the safe transportation and delivery of goods but also that the same be done without unreasonable delay Section 2282 o The responsibility of the carrier commences with the delivery of the goods either to himself or his agent or at the place where he is accustomed or agrees to receive them It ceases with their delivery at destination according to the direction of the person sending or according to the custom of the trade Code Section 2279 P The carrier has a lien on the goods for 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 2287 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 2290 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 2293 S Whenever any person shall deliver property of any description to a railroad steamboat or express company for transportation said company shall upon demand furnish the party so delivering a valid receipt which shall specify the Effect of notice to limit Bound to deliver without unreasonable delay Time of responsibility Carrier has lien on goods Fraud on carrier Freight lists how made out Freight receipts to be issued 410 x shipping marks and numbers thereon and the weight of the property thus delivered whenever the value can be estimated by weight and in all cases where the value can not be thus estimated the receipt shall give a general description of the property and shall also specify as near as practicable the quantity or value thereof and also the place of destination and any agent or officer of such company violating the provisions of this section shall be guilty of a misdemeanor Code Section 602 T Duplicate freight receipts 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 2200 U Liability of railroads where there are several 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 delivery to the connecting road the last company which has received the goods as in good color shall be responsiblesto 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 2298 V Roads required to deliver to and receive cars from connecting roads 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 2212 They are also required at the terminus or any intermediate point to receive from the connecting road of the same guage when offered all cars consigned to any point on the road to which the same is offered and transport said cars to their destination with reasonable diligence Code Section 2302 W Weighing by sworn weigher Whenever any railroad company in this State shall weigh any cars loaded with freight to be shipped and charged for by the carload such weighing shall be done by a sworn weigher as provided for the weighing of cotton rice and other produce Code Section 2309 When such cars are weighed singly they shall be uncoupled at both ends and weighed one at a time Code Section 2310 When lumber etc laps from one car to another When any railroad company shall transport timber lumber or other like articles of freight which from length laps over from one car to another such company may cause as many as two or three of such cars so loaded to be weighed 411 together after uncoupling them at both ends from other cars and in all such instances the aggregate weight of the freight upon said two or three cars shall be averaged so that each of the cars shall be charged with an equal amount of the total weight and the shipper be made to pay freight as if each of the cars so weighed together did actually contain an equal portion of the whole load Provided That in such cases the shipper shall not pay less than the amount of freight due on full carloads Code Section 2311 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 said road or upon any of the branches thereof or upon any railroads connected therewith which it has license to operate control or use 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 fine 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 See Code Sections 2188 and 2214 The Proviso to the first section of the Interstate Commerce Law reads as follows Provided however That the provisions of this Act shall not apply to the transportation of passengers or property or to the receiving delivering storage 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 Unjust discrimination prohibited 413 GENERAL ORDERS Office of the RAILROAD COMMISSION OF GEORGIA Atlanta August 24 1907 GENERAL ORDER No 1 Each railroad company doing business in this State is hereby required to file in the office of the Railroad Commission of Georgia during the month of October 1907 and as nearly the 15th of said month as is practicable a certified detailed statement of all transportation issued for the use of any passenger between points within the State of Georgia during the month of September 1907 for which transportation a rate or charge less than the regular authorized or published rate was paid Said statement shall show in detail a list of all free transportation issued during said month to whom issued upon what account issued and between what stations Also a list of all annual quarterly and other term passes used on its line of road during said month of September by whom used and the number of miles traveled by the holders of said term passes during said month Provided That the terms of this order shall not apply to the issuance of transportation to bona fide employees of railroad companies except where such employees are also in the public service It is further ordered that each railroad company as above shall cause to be filed regularly each month thereafter a similar report for the month immediately preceding that during which report is required furnished By order of the Board Geo F Montgomery S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta October 25 1907 GENERAL ORDER No 2 The Railroad Commission of Georgia hereby adopts as its own regulations all passenger train service now being maintained in this State and as well all schedules of passenger trains of all railroad companies operating in Georgia and it is Ordered That no railroad compahy operating in this State shall be allowed 414 to discontinue apy passenger train schedule or service now being maintained without the consent of the Railroad Commission It is Further Ordered That no railroad company operating in this State shall be allowed to change any schedule of any of its passenger trains without giving notice by publication of the proposed change at least three days in advance of the effective date of said change in some newspaper having general circulation in the community or communities to be affected thereby Ordered Further That all railroad companies in this State in addition to posting at each of their respective depot or station agencies a printed copy of their schedules of all of their passenger trains to and from said station shall also continuously advertise in some newspaper of general circulation in the communities through which its trains operate time table or tables showing the schedules of its trains which serve each particular community provided said advertisements shall be paid for by said companies at a rate not to exceed the rate heretofore voluntarily paid for such advertisements by the railroads not on the transportation basis By order of the Board Geo F Montgomery S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta October 29 1907 GENERAL ORDER No 3 After the 31st day of December 1907 no railroad company or other common carrier subject to the jurisdiction of the Railroad Commission of Georgia shall be allowed to issue or honor any free ticket free pass or free intrastate transportation for passengers between any points in this State except upon the terms provided for interstate free transportation by the Act of Congress approved June 29 1996 known as the Hepburn Act By order of the Board Geo F Montgomery S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta October 29 1907 GENERAL ORDER No 4 After the 31st day of December 1907 it shall be unlawful for any railroad company express company or any other carrier of freight subject to the jurisdiction of the Railroad Commission of Georgia to transport from one point to another point in this State any article or articles or merchandise or freight 415 of any kind free of charge except such articles or commodities as may be necessary and intended for its own use in the conduct of its business as a common carrier and except ore coal stone timber and the manufactured products thereof manufactured mined or produced by it on or from its own property Provided however that for purely charitable purposes free transportation may be granted but when such is granted it must be promptly reported to this Commission Provided further that reduced or free transportation of the goods or effects of its bona fide employees may be given by a common carrier Provided further that the Commission will upon application and proper showing made authorize free or reduced transportation to fairs exhibitions or for other public purposes By order of the Board 6m F Montgomeby S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta October 29 1907 GENERAL ORDER No 5 Obdebed That within ten days from this date all terminal companies corporations or persons owning leasing pr operating terminals under the jurisdiction of this Commission shall furnish this Commission with copies of their charters rates and rules and that on the 13th day of November 1907 a public hearing be had at which said companies and their parons as well as the local authorities may be heard with a view to improving the service and if in any case a monopoly or exclusive right is claimed the grounds of such claim are directed to be presented and will be open to discussion by all concerned Obdebed Furtheb That a copy hereof be mailed to each of said companies without delay By order of the Board Geq F Montgomeby S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta November 4 1907 GENERAL ORDER No 6 The Railroad Commission of Georgia hereby adopts as its own regulations all rates rules and other regulations of each and every corporation company 416 or person subject to the jurisdiction of this Commission owning leasing or operating any dock or docks wharf or wharves terminal or terminals or terminal station or stations and no such rates rules or other regulations shall be changed without the consent of the Railroad Commission of Georgia By order of the Board Geo F Montgomery S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta November 6 1907 GENERAL ORDER No 7 t Ordered That within twenty days from date all street railroad corporations companies or persons owning leasing or operating street railroads in this State and all telegraph corporations under the jurisdiction of this Commission shall furnish this Commission with copies of their charters rates and rules and that considering the same together with such other information as may then be at the disposal of the Commission the necessity of ordering a public hearing with a view to improving the service with the terms and conditions of such hearing will be considered and determined and due notice given to the companies concerned and their patrons and local authorities By order of the Board Geo F Montgomery S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta November 6 1907 GENERAL ORDER No 8 Ordered That within ten days from this date all dock and wharf corporations companies or persons owning leasing or operating the same under the jurisdiction of this Commission all cotton compress corporations or associations and persons or companies owning leasing or operating the same under the jurisdiction of this Commission and all gas and electric light and power companies corporations or persons owning leasing or operating public gas plants or electric light and power plants furnishing service to the public under the jurisdiction of this Commission shall furnish this Commission with copies of their charters rates and rules and that considering the same together with such other information as may then be at the disposal of the Commission the necessity of ordering a public hearing with a view to i 417 proving the service with the terms and conditions of such hearing will be considered and determined and due notice given to the companies concerned and their patrons and the local authorities By order of the Board Geo F Montgomery S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta January 3 1908 GENERAL ORDER No 9 It is hereby ordered by the Railroad Commission of Georgia that on or before the 15th day of February 1908 each and every railroad company telegraph and telephone company street railroad company public service corporation and every other company and corporation within the jurisdiction of this Commission shall file in the office of the Commission a complete list of its stockholders as of the date of January 1 1908 showing accurately and fully the name and address of each stockholder and the amount of stock held by each of them respectively in each of said companies and corporations By order of the Board Geo F Montgomery S G McLendon Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta January 8 1908 GENERAL ORDER No 10 Whereas it appears to this Commission that General Order No 3 forbidding free passes and free service as therein expressed has been from its date October 29 1907 generally construed and accepted as including telegraph and telephone companies but doubts having been expressed touching the same and Whereas all such doubts should be removed and the policy and operation of said order extended therefore it is now Ordered and declared that said General Order No 3 was intended to include and the same is now expressly so amended as to include and apply to telegraph and telephone companies and further that no electric light or gas company or power company no terminal company baggage or cab company no cotton compress company or other public service corporation company or person subject to the jurisdiction of this Commission shall be allowed to furnish their respective services or service free in this State Provided that the Commission will upon application and proper showing 418 made authorize free or reduced service for charitable and public purposes according to the facts and lawfulness of the same in each particular instance By order of the Board Geo F Montgomery S McLendon Secretary Chairman ft Office of the RAILROAD COMMISSION OF GEORGIA Atlanta July 9 1908 GENERAL ORDER No 11 Whereas it appears that by concerted action of all the railroad companies concerned a formal notice has been promulgated for a general increase of freight rates effective August 1st next on Classes B C D and F amounting to 3 cents per 100 lbs on meats and 2 cents per 100 lbs on grain and 2 cents per 100 lbs on flour from Ohio and Mississippi River Crossings into Southeastern territory including the State of Georgia This increase is on the necessaries of life The burden and enhanced price will fall upon the consumer and Whereas it is provided in the law as set forth in the Act of December 18 1890 as follows It shall be the duty of the Railroad Commission of the State of Georgia to investigate thoroughly all through freight rates from points out of Georgia to points in Georgia both those now fixed and those that may hereSifter 10 fixed And that whenever the Railroad Commission of Georgia finds that a through rate charged into or out of Georgia is in their opinion excessive or unreasonable or discriminating in its nature it shall be the duty of the Railroad Commission to call the attention of the railroad officials in Georgia to the fact and to urge upon them the propriety of changing such rate or rates That whenever such rates are not changed according to the suggestion o the Railroad Commission it shall be the duty of the Commission to presen the facts whenever it can legally be done to the Interstate Commerce Commission and appeal to it for relief Now Therefore it is ordered That before this Commission at 10 a m on the 16th instant all railroad officials carriers and companies concerned show cause why said rates should not be adjudged excessive and unreasonable and at the same time not only the said railway companies by their appropriate representatives but also all shippers and persons concerned may be heard as touching their respective rights and interest in the subject And thereupon the Commission will determine as to whether the case is a proper one for appeal to the Interstate Commerce Commission or what other or further action should be taken by this Commission in the premises It is Further Ordered That a copy of this action be furnished to all parties concerned and published through the proper channels By order of the Board Geo F Montgomery S G McLendon Secretary Chairma 419 Office of the RAILROAD COMMISSION OF GEORGIA Atlanta August 12 1909 GENERAL ORDER No 12 IN RE Marking L C L Shipments Complaint haying been made to this Commission that some of the railway companies in Georgia are refusing to accept less than carload shipments of brick sewer pipe and other such shipments unless the same are boxed or crated or unless each article composing the shipment is marked with name of consignee and destination it is Oedeeed That so far as relates to shipments between points in Georgia said action of the railway companies is unreasonable and not authorized by any rule of this Commission Ordered Further That all railway companies in Georgia shall accept for transportation between points in this State all shipments of brick sewer pipe and other articles not specifically required to be packed by the classification of tile Commission the transportation of which can reasonably be performed without same being boxed or cratedwhich may be offered for shipment without requiring the boxing or crating of same or that each article composing shipment be marked provided that some of the articles shall be properly marked or such other shipping instructions be given the carrier as will afford necessary information for the transportation and delivery thereof By order of the Commission Campbell Wallace Geo Hillyer Secretary ViceChairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta August 12 1909 GENERAL ORDER No 13 N Capitalization Reports and Rules of All Companies Subject to the Jurisdiction of the Railroad Commission Whereas on August 26 1907 the Commission adopted a resolution calling hnn a 1 COrporations subJect to its Jurisdiction for reports as to stocks and nas of said corporations outstanding and g erfas on November 6 1907 the Commission adopted General Order No aI1 companies sukJect to its jurisdiction to file in this office Pies of their rules and niLhtreaS lt is desirable that a compilation of said capitalization reports and be made 420 Ordered That the Rate Expert of the Commission be and he is hereby directed to systematize and make proper record of said reports and rules Ordered Further That the Rate Expert of the Commission be and he is hereby authorized to require such information from all companies subject to the jurisdiction of the Commission as may be necessary in the compilation herein referred to By order of the Commission Campbell Wallace G Hillyer Secretary YiceCMirmm Office of the RAILROAD COMMISSION OF GEORGIA v Atlanta December 23 1909 File No 9162 Circular No 314 is hereby amended by substituting therefor General Order No 14 which becomes effective this day as follows GENERAL ORDER No 14 All rates now in effect or which may hereafter become effective which are not higher than the maximum rates prescribed by this Commission whether such rates are the result of voluntary action upon the part of any company corporation or person subject to the jurisdiction of this Commission or otherwise are hereby established as the rates of the Railroad Commission of Georgia and no such rates shall be discontinued nor raised without the consent of the Railroad Commission first being obtained but all such rates shall continue in force without hindrance the same as other rates prescribed by the Commission And any and allfacilities privileges or service now in effector practiced or hereafter made effective extended or practiced which give gm extend or allow patrons shippers or other persons transacting business wi said companies corporations or other persons as much or more of the privileges facilities or service to which they are entitled by law or by any ru e regulation or order of this Commission whether such privileges facilities service are given granted extended or allowed as the result of voluntary actio upon the part of such companies corporations or persons or otherwise S hereby established as the requirements of the Railroad Commission of and no such privileges facilities or service shall be discontinued withou consent of the Railroad Commission first being obtained but all such P leges facilities or service shall be given granted extended or allowed w hindrance the same as other requirements of this Commission provided nothing herein contained shall operate as repealing in any way the provs j of Passenger Rule No 7 By order of the Board H w Hill Campbell Wallace Secretary 421 f Office of the RAILROAD COMMISSION OF GEORGIA Atlanta December 23 1909 File No 9163 GENERAL ORDER No 15 Whereas the companies corporations and persons doing business in this State subject to the jurisdiction of the Railroad Commission are authorized under the rules of the Commission to reduce their rates or charges below the maximum rates or charges prescribed by the Commission and to make effective special rates upon approval of the Commission and WjHEEEAS said companies corporations and persons are from time to time changing their schedules of rates and charges as provided for by said rules and Whereas the files of this office do not contain complete information as to all rates and charges published by said companies corporations and persons it is Ordered That each company corporation or person doing business in this Slate subject to the jurisdiction of this Commission shall on or before February 1 1910 file in this office a complete copy of each and every current tariff of rates or charges or other issue publishing any and all rates or rules and regulations relating thereto issued by or for them applying in Georgia By order of the Board Campbell Wallace H W Hill Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta February 1 1910 File No 9220 GENERAL ORDER No 16 Ordered That on and after this date each railroad and street railroad in this State be required to notify this Commission immediately upon the happening thereof by wire or such other method as will furnish the speediest information of each derailment or collision on its line in which any person is injured whether passenger employee or other person stating the time place and character of such accident and shall within 48 hours thereafter make a full report thereof in writing to the Commission containing a detailed account of the same the number and if possible the names of the person or Persons injured or killed the cause of the accident if ascertained and such ether information as may be called for by the Commission Ordered Further That on or before the tenth day of each month each of 422 said railroad and street railroad companies shall file a written report of all accidents in which any person is injured occurring on their lines respectively during the preceding month on forms to be prescribed by the Commission By order of the Board Campbell Wallace H W Hill Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta January 26 1910 j File No 9221 GENERAL ORDER No 17 Ordered That beginning February 3rd next each Railroad in this State be required to report in writing to the Commission not later than Thursday of each week the arrival and departures whenever not on regular schedule time of all passenger trains at their respective termini or division termini or junction points where connections with other roads or branches are scheduled or made and if late how many minutes or hours and the cause thereof for and during the week ending Saturday Night 1200 oclock preceding By order of the Board Campbell Wallace H W Hill Secretary Chairman Office of the RAILROAD COMMISSION OF GEORGIA Atlanta March 24 1910 File No 9220 GENERAL ORDER No 18 General Order No 16 is hereby repealed and the following substituted in lieu thereof Ordered That beginning April 1 1910 each railroad and street railroad company in this State be required to notify this Commission as early as practicable after the happening thereof of each derailment or collision of any character occurring on its lines or in its yards within this State in which any person whether passenger employee or other person is injured or killed stating the time place and character of such accident and shall within fortyeight hours thereafter file a written report thereof on forms to be prescribed by this Commission Ordered Further That on or before the 15th day of each month each of said railroad and street railroad companies shall make a written report under 423 oath through its proper officer of all accidents in which any person is injured occurring on its line or in its yards in the operation of engines cars or trains during the preceding month on forms to be prescribed by this Commission By order of the Board Campbell Wallace H W Hill Secretary Chairman 424 RAILROAD COMMISSION OF GEORGIA J P Brown Chairman H Warner Hill Jos M Brown Commissioners Geo F Montgomery Secretary Atlanta Ga July 19 1995 CIRCULAR 309 Rates on Stoves Stove Plates Stove Furniture and Hollowware Including the Necessary Pipe Effective with this Circular rates on Stoves Stove Plates Stove Furnituijp and Hollowware including the Necessary Pipe between the points named below shall be made upon the following basis On less than carload shipments for distances less than 100 miles use 6th class plus one cent for distances in excess of 100 miles use 6th class less one cent On carload shipments for distances less than 100 miles use seventyfive per cent of 6th class plus one cent for distances in excess of 100 miles use seventyfive per cent of 6th class less one cent BETWEEN Atlanta Athens Augusta Brunswick Columbus Dalton Macon Rockmart Rome Savannah AND Adel Adrian Albany Americus Arlington Athens Atlanta Augusta Bainbridge Bremen Brunswick Gartersville Cedartown Collins Columbus Cordele Covington Culloden Cuyler Dalton Dawson Dublin Elberton Empire Everett Fitzgerald Fort Gaines Fort Valley Griffin Harris Hawkinsville Haylow Helena Jesup LaGrange Macon Madison Marietta Meldrim Milledgeville Millen Montezuma Moultrie Newnan Offerman Pidcoick Pitts Quitman Rockmart Rome Sandersville Savannah Sparks Statesboro Stillmore Swainsboro Tennille Thomaston Thomas ville Tifton Valdosta Vidalia Vienna Washington Waycross Woodbury Worth To and from all local stations not named above the rates shall be made upon the lowest combination by the use of the rates herein published 425 This Circular shall become effective August 19 1905 and repeals everything ia conflict By order of the Board Geo F Montgomery J P Brown Secretary Chairman RAILROAD COMMISSION OF GEORGIA H Wabner Hill Chairman n Jos M Bbown I Commissioners 0 B Stevens Geo F Montgomeby Secretary Atlanta Ga January 20 1906 CIRCULAR No 314 Effective this day all rates now in effect between points in this State which are not higher than the maximum rates prescribed by this Commission whether such rates have been published voluntarily by the railroad companies or otherwise are hereby formally established as the rates of the Railroad Commission of Georgia and no such rates shall be discontinued nor raised without the consent of the Railroad Commission first being obtained but all such rates shall continue in force without hindrance the same as other rates prescribed by this Commission By order of the Board Geo F Montgomery H W Hill Secretary Chairman RAILROAD COMMISSION OF GEORGIA H Wabneb Hill Chairman Jos M Bbown 0 B Stevens I r Commissioners Geo F Montgomery Secretary Atlanta Ga January 20 1906 CIRCULAR No 315 Whereas on the eleventh day of May 1905 the Railroad Commission approved a schedule of rates submitted by the several lines of railway interested therein which rates were to apply between the various cities in Georgia usually referred to as common points with the provision that these rates would be applicable tp the Southern Classification it is now Obdered That in so far as the Southern Classification is applicable to these rates said Southern Classification is hereby formally adopted as the classification of the Railroad Commission in so far as the same is to be applied to the rates above referred to and no change in said classification which will affect the rates of freight as per the schedule of rates herein first referred to shall be allowed without the consent of this Commission first being obtained The Southern Classification herein referred to is Southern Classification No 34 without amendments said Classification No 34 being issued to take effect January 10 1906 This order shall become effective at once By order of the Board GSeo F Montgomery Secretary H W Hill Chairman CIRCULARS The following circulars contain the amendments of the rates rules and other regulations published in the 36th Report of the Commission which amendments are carried forward in their proper places in this Report RAILROAD COMMISSION OF GEORGIA Atlanta Ga July 10 1909 CIRCULAR No 342 Freight and Passenger Tariffs of the Brinson Railway and the Valdosta Moultrie and Western Railroad The Brinson Railway and the Valdosta Moultrie Western Railroad are hereby formally placed in Passenger Class D and Freight Class D and said railroad companies are allowed to charge no more for the transportation of passengers and freights than the rates prescribed by said classes respectively CLASSIFICATION The following changes in and additions to the Commissioners Classification of Freights are hereby adopted CR I OR I Automobiles See Vehicles Boxes paper in nests of two packed Boxes paper in nests of more than two packed CocaCola See Waters Aerated Coffee substitutes cereal Same as Food Preparations cereal Cotton Stalks pressed in bales Same as Hay Fodder and Straw Food Animal or Poultry viz Cry Animal and Poultry Powders Condiments or Tonics in sacks boxes pails with wooden or metal covers CRl OR drums or barrels L C L 4 Same C L 6 Animal and Poultry Feed N O S bulk in sacks Handles Hoe L C j Same C L 24000 lbs Hose Reels Fire See Vehicles Hose Reels Garden See Reels Machinery C L all kinds N O S Oil Petroleum and Petroleum Products viz Benzine Gasoline and Naptha viz In iron drums or iron barrels actual weight or 11 1 D 5 K 6 428 in metal cans securely packed in cases L C L Same in straight or mixed C L min wt 24000 lbs or in tank cars C L minimum capacity of tank but not less than 24000 lbs Coal Oil Crude Oil Distillates Fuel Oil Gas Oil Grease not Axle Kerosene Oil Lubricating Oil not Axle Grease Miners Oil Parrafflne Oil Parrafflne Wax Petrolatum Refined Oil Residuum Road Bed Oil Soap Oil Tailings Transformer Oil and Wood Oil viz In metal cans without jackets unpacked L C L In metal cans jacketed unpacked L C L In metal cans boxed L C L In metal cans C L In barrels or halfbarrels L C L Same C L In tank cars C L minimum capacity of tank but not less than 24 000 lbs In iron drums or iron barrels actual weight L C L Note 1The weight of contents of tank cars shall be computed at 64 lbs per gallon Note 2The weights on shipments in wood and cans shall be computed as follows In wooden barrels 400 lbs per barrel In wooden half barrels 235 lbs per halfbarrel In square cans completely cased each case containing two fivegal CR i OR I CR I OR Ion cans 80 lbs per case Reels viz Cable empty L C L 3 Same C L min wt 12000 lbs 5 Hose Garden and Lawn viz Set up L C L D1 Knocked down packed L O L 1 K D or S U C L 4 Hose iron K D packed 2 Seed Sunflower t Vehicles viz Automobiles Locomobiles or other selfpropelled Vehicles See notes viz S U L C L D1 K D boxed or well crated L C L 1 S U or K D C L min wt 10000 lbs 1 1 Note Automobiles or other selfpropelled ve 2 hidestoo bulky to be loaded in box cars will 3 not be accepted for 4 transportation unless properly protected by 4 tarpaulins and small 6 or detachable parts must be removed and packed in boxes which must be securely fastened to the vehicle or to the floor of the car NoteHorseless vehicles operated by electricity must have connecting wires between battery and motor disconnected Vehicles operated by gasoline or naptha must have tanks emptied the tank cover or plug removed and packed separately and the sparking wire detached Gigs and Sulkies Same as Carriages Buggies and Trotting Wagons Hook and Ladder Trucks Village handhauled S U D1 4 CB I OR 429 CB I OR I Same K D 1 Hose Reels N O S and Hook and Ladder Trucks L C L min wt 4000 lbs each D1 Same C L min wt 20 000 lbs 5 Hose Reels or Hose Carts twowheeled k D boxed or crated L C L D1 Same C L min wt 20 000 lbs 5 Hose Wagons with Chemical Engine attachments min wt 4000 lbs each D 1 Waters Aerated Carbonated and Mineral Waters in wood or in galvanized iron cans 0 Same in glass or earthenware packed L C Same in glass or earthenware packed or in wood straight or mixed C L 6 NoteAle Beer and Water Packages empty returned consisting of barrels half barrels and kegs and bottles in wooden wire or sheet metal cases barrels or casks in less carloads 6th class carloads onehalf of the rate applying on same when filled and moving in reverse direction Omit Horse and Cattle Food N O S in sacks D Omit under Iron Nails and Spikes the rating Same in sacks boxes I or cartons packed 5 This Circular shall become effective July 25 1909 and repeals everything in conflict By order of the Board Campbell Wallace Chairman George Hillyer YiceChairmam RAILROAD COMMISSION OF GEORGIA H Warner Hill Chairman Geo Hillyer ViceChairman 0 B Stevens v Chas Murphy Candler Joseph F Gray Campbell Wallace Secretary Commissioners Atlanta Ga October 23 1909 CIRCULAR No 343 Sparks Western Railroad The Sparks Western Railroad is hereby placed in Passenger Class E and Freight Class D and is allowed to charge for the transportation of passengers and freights no more than is authorized by said classes respectively 430 Rome Northern Railroad Company The Rome Northern Railroad Company is hereby placed in Passenger Class D and Freight Class Df and is allowed to charge for the transportation of passengers and freight no more than is authorized by said classes respectively Ocilla Southern Railroad Company The Ocilla Southern Railroad Company is hereby placed in Passenger Class E and Freight Class D and is allowed to charge for the transportation of passengers and freights no more than is authorized by said classes respectively Classification The following changes in and additions to the Commissioners Classification of Freight are hereby adopted CR 1 OR 1 OR 1 CB Ale Beer and Water Pack Same side seams not ages empty returned closed nested era consisting of barrels ted or wired in bdls half barrels and kegs L C L 3 and bottles in wooden Same sidle seams wire or sheet metal closed or not closed cases barrels or casks nested or not nested in carloads min wt in straight C L or 10000 lbs onehalf of in mixed C L with the rate applying on Dust Collectors min same when filled and wt 15000 lbs 6 moving in reverse di Smoke Stacks Flues or rection Blow Pipe Material See Hoods N O L C T i Iron Iron viz Same C L min wt 20 Blow Pipe Material viz 000 lbs 6 Sheet Iron plain or gal Smoke Stacks Flues or vanized not nested Hoods cut in sections L C L Dl side seams not closed Same side seams nested L C L 4 closed nested era Same C L min wt 20 ted or boxed L C L 2 1 000 lbs 6 This Circular shall become effective October 30 1909 and repeals everything in conflict By order of the Board Campbell Wallace H W Hill Secretary Chairman 431 RAILROAD COMMISSION OF GEORGIA H Warneb Hill Chairman Geo Hillyeb ViceChairman 0 B Stevens Chas Mtjbphy Candleb Joseph F Gray Campbell Wallace Secretary Commissioners r Atlanta Ga October 29 1909 CIRCULAR No 344 Classification The following changes in and additions to the Commissioners Classification of Freight are hereby adopted CR 1 OR 1 CR 1 OR Dust Collectors S U not crated or boxed 3T1 Same crated or boxed D1 Same K D crated or boxed 1 1 Iron viz Blow Pipe Material viz Sheet Iron plain or galvanized not nested L Ip L D 1 Same side seams closed nested see note packed or wired in bdls L a h 2 NoteShipments will he accepted as nested when two or more sections are placed one within another Same side seams not closed nested packed or wired in bundles any quantity 6 Same side seams closed or not closed nested or not nested in straight C L or in mixed C L with Dust Collectors min wt 15000 lbs 4 This Circular shall be effective on and after November 1st 1909 and repeals everything in conflict By order of the Board Campbell Wallace Hill Secretary Chairman 432 RAILROAD COMMISSION OF GEORGIA H Warner Hill Chairman Geo Hillyer ViceChairman O B Stevens Chas Murphy Candler Joseph F Gray Campbell Wallace Secretary Commissioners Atlanta Ga January 7 1910 CIRCULAR No 345 Freight Rule No 10 The following rule is hereby adopted as a substitute for present Freight Rule No 10 Rates for the transportation of any article that is not included in the Freight Classification of this Commission shall be assessed upon basis of rating carried in Southern Classification provided said last named Classification carries a specific rating for such article and if not rates shall be assessed as if upon the article most analogous to it that is included in the Commissions Freight Classification The following is hereby adopted as a substitute for the third paragraph of Freight Rule No 30 If the articles are in different classes the highest carload rate and minimum weight provided for either of the articles in car shall be charged on all articles that make up the carload actual weight to be charged for if in excess of the specified minimum weight Except that where the actual weight of any one or more of the articles when taken separately or together equals the highest minimum carload weight provided for any one of said articles shipper shall have the option of paying the less than carload rate on such of the articles as he may desire and the highest carload rate as above on the other articles in car The following is hereby adopted as Freight Rule No 32 Railroad companies will not be required to accept for transportation cars loaded by shippers in excess of their marked capacity plus ten per cent and whenever a shipper at a flag station or other station where there are no track scales overloads a car as above charges for transportation may he assessed on basis of tn per cent above the current tariff rate The following is hereby adopted as Freight Rule No 33 Whenever a shipper tenders to any railroad express or other transportation company a shipment for transportation between points within this State and gives such company routing instructions it shall be the duty of said company to receive such shipment and forward according to instructions give And if it be necessary in complying with such routing instructions for the shipment to pass over the lines of two or more companies it shall be the duty of the initial company to so deliver to its connection and each succeeding company shall do likewise as will cause compliance with routing instructions and the lowest rate applicable via such specified route shall be applied 433 Where shipments are tendered without routing instructions the company receiving same in the first instance shall forward said shipments with due regard to the interests of the shippers and by that reasonable and practicable route over which the lowest charge for transportation applies and any damage resulting to a shipper from a disregard of this obligation by any company shall be repaired by the company responsible for the misrouting making reparation to shipper to the extent of the difference between the necessary expense incurred in making delievry of shipment over the route by which same improperly moved and the necessary expense which would have been incurred had shipment been properly routed Provided that any reparation made upon this account shall in no wise affect the right of shipper to any claim for actual damages sustained in excess of the difference in expense incurred in making delivery as herein provided The following is hereby adopted as Express Rule No 13 In cities or towns in this State where delivery service is maintained by an express company no extra charge shall be made for door delivery within a radius of one mile from the office of such company provided the point of delivery is within the corporate limits of any such city or town Freight Tariff of Miistead Railroad The Miistead Railroad is hereby placed in Freight Class D and is allowed to charge for the transportation of freight no more than the rates prescribed by said class Classification The following changes in and additions to the Commissioners Classification of Freight are hereby adopted CR I OR I Ovens viz Bakers sectional steel K D L C L 3 Same C L 5 N O S S U not packed D1 N 0 Sv S U packed 1 N 0 S K D packed 2 Paper Shirtboards See Shirtboards Shirthoards made of pasteboard printed or not printed 6 CR OR Stoves and Ranges viz Alcohol Gas Gasoline Oil or Vapor boxed or crated L C L 2 Same boxed crated or loose C L min wt 16000 lbs 4 Plaster Wall Cement or Calcined including Plaster of Paris in bbls or sacks L C L 3 Same C L 1 This Circular shall be effective on and after January 17th 1910 and repeals everything in Conflict By order of the Board Campbell Wallace H W Hill Secretary Chairman 434 RAILROAD COMMISSION OF GEORGIA H Waeneb Hill Chairman Geo Hillyeb ViceChairman O B Stevens Chas Mubphy Candles Joseph F Gbay Campbell Wallace Secretary Commissioners Atlanta Ga March 23 1910 CIRCULAR No 346 Pelham and Havana Railroad Company The Pelham and Havana Railroad Company is hereby placed in Freight Class D of the Commissioners Classified List of Railroads and said railroad will be allowed to charge for the transportation of freight no more than the rates prescribed by said Class D Savannah and Southern Railway Co The Savannah and Southern Railway Company is hereby placed in Passenger Class D and Freight Class D of the Commissioners Classified List of Railroads and said railway company will be allowed to charge for the transportation of passengers and freight no more than the rates prescribed by said Classes respectively Tifton Terminal Company The Tifton Terminal Company is hereby placed in Freight Class D of the Commissioners Classified List of Railroads and said company will be allowed to charge for the transportation of freight no more than the rates prescribed by said Class D Freight Rule No 1 The following rule is hereby substituted for the Commissioners Freight Rule No 1 Where in this State two or more connecting lines of railroad are operated by or under one management or company or where the majority of the stock of any railroad company is owned or controlled either directly or indirectly by a connecting railroad company the lines of such company shall within the meaning and intent of the rules of the Commission be considered as constituting but one and the same railroad and rates for the carriage of freight over such railroads or any portion thereof shall be computed upon a continuous mileage basis the same as upon the line of a single railroad company whether such railroads have seprarate boards of directors or not Freight Rule No 19 The Commissioners Freight Rule No 19 is hereby amended by substituting for the third paragraph of said rule the following 435 Where the weight of a shipment of any class of freight exceeds the specified carload weight for such freight charges for the transportation thereof shall be based upon the carload rate per hundred pounds applied to the actual weight of the shipment without reference to the number of cars required in transportation Freight Rule No 27 The Commissioners Freight Rule No 27 is hereby amended by adding to the first paragraph of said rule the following Fractions resulting from deductions as herein required shall be disposed of in accordance with Freight Rule No 8 Freight Rule No 34 The following rule is hereby adopted as Freight Rule No 34 of the Commission Railroad companies are required to make an allowance equal to the actual weight thereof subject to a maximum allowance of one thousand pounds for linings floorings or dunnage placed in box not refrigerator cars by shippers for the protection of property in transit requiring their use provided that in no case shall less than the specified minimum carload weight be charged for on the property contained in the car subject to the provisions of Freight Rule No 19 Express Rates Over Rome and Northern Railroad The following special merchandise tariff covering merchandise rates only is allowed express companies operating over the Rome and Northern Railroad Over And not Merchandise Miles over Miles per 100 lbs 0 7 40 7 12 40 12 15 40 15 17 50 17 20 50 20 22 50 Classification The following amendments of and addition to the Commissioners Classification of Freight are hereby made CR OR 1 CR OR Eliminate under Bags Lime and Sulphur Solu Cotton for flour the tion in barrels 6 words for flour Iron viz Insecticides viz Cages including convict In Glass packed L C L 1 cages doors and In Tin Cans packed or grating L C L 4 in bulk in barrels N Same CT L 6 O S L C L 4 Lard Lard Substitutes or Same C L 6 Compounds Solids 4 B 436 This Circular shall become effective April 2 1910 and in conflict By order of the Board Campbell Wallace Secretary i repeals everything H W Hill Chairman 437 GENERAL RULES RULE 1 The word Company as used and intended by any and all of the rules and Definition of regulations of the Commission shall be deemed and taken to mean and include the word 1 all corporations companies firms and persons that may now be engaged or Company that may hereafter become engaged in performing for hire any service to the public that is now or that shall hereafter be subject by law to the jurisdiction or control of the Commission RULE 2 The several companies in the conduct of their intrastate business shall Allunjustafford to all persons equal facilities in the conduct of such business without discriminaunjust discrimination in favor of or against any and wherever special facili dLnf0rbid ties are afforded to one patron whether upon a special rate authorized by this Commission or otherwise such company shall be bound to afford to any other patron or patrons under substantially similar circumstances like facilities upon like rates The rate charged for any service by any company shall be bona fide and A11 t public and the giving of any rebate bonus or drawback is hereby expressly bona fide forbidden No rebates RULE 3 All of the rates prescribed by the Commission are maximum rates which p shall not be exceeded by any company Commission Any company may charge less than the prescribed maximum rate provided mum rates that if a less rate be charged to one person such company shall for a like Ratesma service charge the same lessened rate to all persons except as may be here reduced beafter provided and if any company shall reduce any of its rates to or from one munfproagency or station it shall except in cases where otherwise specially provided fiismina by the Commission make a reduction of the same percentage to and from all tionr is made other stations on its line to the end that no unjust discrimination be made in favor of nor against any person persons or locality RULE 4 Each company shall keep conspicuously posted at all of its stations offices and agencies in Georgia a copy of the schedule or schedules of rates prescribed bfkeptt0 by the Commission for the government of such company posted When any change is made in such schedule either by such company volun changes in arily or pursuant to an order of the Commission such company shall imme tariffs to be posted 438 Advances and reductions Noli tice of diately furnish a copy of said change to the office of the Commission and shall also post copies thereof in the same manner as above specified as notice to the public that said change has been made No advance in any rate whether it be a maximum rate or otherwise shall be made without the consent of this Commission first being obtained nor shall such advance become effective until ten days thereafter and no reduction in any rate shall become effective until three days after notice has been given as above required RULE 5 Special rates i must be ap proved by i Commission All special rates made by any company for any service to be rendered shall first be submitted to and approved by the Commission before being put in effect RULE 6 i Long lines ji allowed to S meet short jjj lines rates If between any two points in Georgia there are two or more routes whether composed of the lines of one or more companies the rate for any service via any of such routes between such points may be reduced to correspond with the lowest rates for similar service in effect between the said points without making Georgia j points may be put on 1 equality with 1 points in other States jljl Rates for 11 short disj tancenotto 1 exceed long i distance reductions at intermediate points Any rate to or from any Georgia point may be so reduced as to place such Georgia point on an equality with any competitive point in another State without making any reduction in rates to or from other stations not similarly situated with respect to such competitive rates Provided That in no case shall the rate charged for any service for a given distance be greater than the rate for a similar service over a longer distance by the same company RULE 7 1 Rates apply i in both dlrections All rates effective in this State except in cases otherwise specified shall apply in cither direction over the same line between the same points RULE 8 Ir Duty to acI cept and transport i goods It shall be the duty of any company to accept for transportation any goods the carriage of which by such company is reasonably safe and practicable and to transport the same by the train for which they are offered RULE 9 j Exact charge may be collected In no case shall any company collect for any service more than the exact amount due according to the current rate If any company shall fail to make the necessary change of money to enableit to collect such exact amount then the next lower amount ending in 5 or O shall be charged 439 RULE 10 All just claims for overcharge and loss shall he paid within thirty days after claim supported by proper papers is made therefor Claims for loss shall be paid by the company at fault but claims for overcharge shall be paid by the company which collected same and through the office or agency by which the same was collected regardless of any division or apportionment of such total charge with any other line RULE 11 j Each company shall file in the office of the Commission on or before the last day of each month a report duly sworn to showing fully and in detail the earnings and expenses of such company during the month preceding And each of said companies shall on or before the fifteenth day of September of each year file in the office of the Commission an annual report duly sworn to showing fully and in detail the operations of such company during the preceding fiscal year to wit from July the first to June the thirtieth both inclusive All of said reports shall be rendered on and in accordance with the printed forms that the Commission will prescribe and furnish for that purpose In addition to the foregoing each of such companies shall furnish such other reports and information as the Commission may require from time to time Furthermore it shall be the duty of each of said companies to produce for the inspection of the Commission any and all books papers contracts agreements and other original records of any character whatsoever that may be in possession of said company or within its power custody or control or copies thereof as may be demanded and designated by the Commission RULE 12 All complaints made to the Railroad Commission of alleged grievances must plainly and distinctly state the grounds of complaint the items being numbered and objections all being set forth in writing In like manner all defenses must be distinctly made in writing and the items correspondingly numbered as above stated These specifications whether of complaint or of defense may be accompanied if the parties so desire by any explanation or argument or by any suggestion touching the proper remedy or policy The parties may also be heard in person or by attorney or by written argument upon such written statements being first filed Unless otherwise expressly ordered upon the hearing of all causes that may hereafter come on to be heard before the Commission the respective parties shall present the testimony of their witnesses by affidavits in like manner ns the same are now by law required to be submitted upon the hearing of applications for injunctions 0 Claims for overcharge and loss Monthly Reports Annual Reports Blanks furnished by Commission Other information to be furnished when required Books etc to be produced How to bring complaints rles of procedure Arguments may be either made in person or in writing Testimony to be submitted in writing 440 When affidavits must he filed Eight reserved to suspend or modify any regulation Rates prescribed are maximum rates Low rates for children Minimum fare of ten cents allowed Tickets should be purchased Extra charge unless tickets are purchased Baggage allowed All affidavits Intended to be offered by either party shall be served upon the opposite party his counsel or agent having control of his case at least three days and all counteraffidavits at least twelve hours before the day set for their hearing This rule of procedure will be varied only when in the exercise of a sound discretion this Commission shall be of the opinion that a departure from the letter thereof may be necessary to the attainment of substantial justice RULE 13 The Commission reserves the right to suspend or modify at its discretion the enforcement of any of its rules rates orders or other regulations where in its opinion the conditions are such in any particular instance that a strict enforcement of such rules or other regulations would result in hardship or injustice PASSENGER RULES RULE 1 Each railroad company in Georgia may charge for the transportation of passengers between points in this State the maximum rates prescribed for such railroad by this Commission and in every instance the rates for children over five years and under twelve years of age shall be not over onehalf of the maximum rate prescribed for adults Provided That any raflroad company may collect no more than ten cents as a minimum charge for a full or half rate between regular stations when the actual fare would be less than that amount RULE 2 At all places where by the exercise of reasonable diligence the requisite tickets maybe purchased it shall be the duty of all persons to provide themselves therewith before boarding trains as passengers If at such a place a person shall board a train and has for want of reasonable diligence on his part failed to supply himself with the requisite ticket the railroad company may collect ifor each mile that may be traveled by such person without the requisite ticket in addition to the maximum prescribed rate as follows For a passenger over five and under twelve years of age onehalf of one cent For a passenger twelve years of age and over one cent RULE 3 The payment of fare between any given points in Georgia shall entitle the passenger to the transportation of at least one hundred and fifty pounds of baggage in the same direction between those points without extra charge I 441 For the transportation of baggage that may be in excess of one hundred and fifty pounds between points in this State the following excess baggage rates may be collected viz EXCESS BAGGAGE TARIFF For all Baggage Over 150 Pounds For 20 miles and under 10 cents per 100 pounds For 30 miles and over 20 f 15 CC 40 cc 30 20 cc 60 cc 40 25 cc 70 cc 60 30 cc 80 70 35 cc 90 cc 80 40 cc 100 cc cc 90 45 cc 110 cc 100 50 cc 1 120 cc cc 110 55 cc 130 cc 120 55 cc 140 cc cc 130 60 cc 150 c cc 140 65 cc 160 Cl 150 70 cc 170 160 75 cc 180 170 80 cc 190 180 85 cc 200 Cl cc 190 90 cc 210 Cl cc 1 200 95 cc 220 II cc 210 100 cc 230 II cc 220 105 cc CC 240 II cc 230 110 cc 260 II cc 240 115 cc CC 290 II 260 120 cc 320 cc 290 125 cc 350 cc 320 130 If 400 Cl cc 350 135 cc CC 450 II 400 140 cc Excess baggage rates NoteThe above Tariff is subject to the provisions of Freight Rule No One of the Commission RULE 4 HR All railroad depot or terminal companies in this State shall receive at all Must re stations where they have agents all baggage proper for transportation pre ceiTe basscnted by prospective passengers or their agents and issue on demand a claim issue caim check for the same and upon presentation by the holder of such claim check checka Trtth transportation said company shall issue train checks 442 RULE 5 Storage charges If such baggage is not checked within twentyfour hours after being so received such companies are authorized to charge twentyfive cents for storage of the same for each separate twentyfour hours or fraction thereof after the expiration of said twentyfour hoursSundays and legal holidays excepted RULE 6 Baggage must be checked 15 minutes before train leaves Railroad companies shall not be required to send any baggage on any train unless the baggage shall have been checked fifteen minutes before the departure of that train RULE 7 Excursion rates exempted Nothing in the rules of this Commission shall be construed as placing any restriction upon the privilege of railroad companies to make special rates for excursions or for any other special occasion RULE 8 Must sell tickets at depots All of the various kinds of tickets that may be on sale at any and all other offices of a given railroad company in any given town or city shall likewise be kept on sale at the depot ticketoffice of such railroad company in such town or city at the same prices RULE 9 Comfortable cars and waitingrooms All passenger waitingrooms and passengercars in use by railroads in this State shall be kept supplied with drinkingwater and shall be so lighted heated ventilated and equipped as to render the occupants of the same reasonably comfortable the circumstances of each case being considered RULE 10 Waitingrooms to be opened before arrival of trains At nonjunction stations At junction points railroad companies shall be required to open their depot waitingrooms for the accommodation of the traveling public at least thirty minutes before the schedule time for the arrival of all passengertrains At local or nonjunction points all such waitingrooms shall likewise be opened provided that the same shall not be required to be opened nor kept open after ten oclock p m except for delayed trains due before that hour in which case such rooms shall be kept open until the actual arrival of such delayed trains RULE 11 Delayed trains must be bulletined Whenever any passengertrain on any railroad in this State shall be more than onehalf of one hour behind its schedule time it shall be the duty of said railroad to bulletin and to keep posted at each of its telegraph stations along 443 its line between such delayed train and its destination notice of the time such train is behind its schedule time and the time of its arrival at such stations as nearly as can be approximated RULE 12 Whenever there is by reason of accident or otherwise a break or obstruction on the line of any railroad company in this State that will probably delay any passengertrain on said railroad it shall be the duty of said railroad company to cause notice thereof to be bulletined at all stations at and between such passengertrain and the place so obstructed and said railroad company shall cause notice of such obstruction and the delay that will probably be caused thereby to be given to the passengers aboard such train before the same shall leave such stations RULE 13 All passengertrains operated in this State shall at all stations where such trains stop either upon flag or regular schedule be brought to a standstill with such relation to the waitingrooms of the station building or other passenger facilities at said station as will render egress from an ingress to said trains most practicable and convenient for the passengers without reference to the convenient handling of baggage or other freight RULE 14 No person shall be permitted to board a train or enter a car in which passengers ride in this State with a loaded gun and all breechloading guns shall be unbreeched on boarding such train or entering such car Conductors of railway trains are authorized to see to the enforcement of this rule and failure on the part of any passenger to comply with the terms hereof shall be cause for ejecting such passenger from the train RULE 15 At all stations in this State where baggage trucks are provided all trunks and other personal baggage shall be unloaded from baggage cars onto said trucks and baggage handled with all reasonable care the dropping of same from car doors platforms or trucks or other rough handling of baggage being expressly forbidden Provided That the handling of baggage by hand from cars to depot platforms or other customary places of depositing baggage in such careful manner as will not damage same will be a compliance with this rule Notice to be given of obstructions Convenient stopping of passenger trains Guns on passenger trains Careful handling of baggage 444 Continuous mileage rates when applicable Freight to be promptly received Bills of lading what they must show Prompt delivery of freight to consignees Expense bills what they must show Prompt interchange of freight Actual weights to govern freight rules RULE l Where in this State two or more connecting lines of railroad are operated by or under one management or company or where the majority of the stock of any railroad company is owned or controlled either directly orindirectly by a connecting railroad company the lines of such company shall within the meaning and intent of the rules of the Commission be considered as constituting but one and the same railroad and rates for the carriage of freight over such railroads or any portion thereof shall be computed upon a continuous mileage basis the same as upon the line of a single railroad company whether such railroads have separate boards of directors or not RULE 2 Railroads shall promptly receive goods offered for shipment and shall when so required by the consignor issue duplicate receipts or bills of lading therefor Such bills of lading shall show separately and in detail the weight and freightclass of each kind of goods embraced in the shipment and the total rate per hundred pounds per ton or per carload as the case may be to be charged for transporting each class to the destination named in such bill of lading When such bill of lading is presented at destination to the agent of the railroad that is to deliver such freight to the consignee it shall be the duty of the railroad to deliver said goods either to the consignee or his order upon payment of the freight and other charges lawfully due thereon The expense bill then issued to such consignee by such railroad shall show separately the weight the rate and the total charge upon the goods embraced in each separate class of freight composing the shipment RULE 3 All connecting railroads in Georgia shall promptly receive from and deliver to each other all freight intended to pass over their respective lines or parts thereof in order to reach its destination and no railroad shall prevent delay or obstruct either by act of omission of commission the prompt interchange of such freight to the end that the transportation and delivery thereof to the consignee may be accomplished with the greatest practicable dispatch RULE 4 Unless otherwise specially provided by the rules or classification of the Commission every railroad shall assess its charges for transporting a shipment of any class upon the actual weight thereof and at the lowest rate of freight actually In force upon said railroad on goods of the same class whether such rate be prescribed by the Commission or otherwise 446 Twentyfive cents may be collected however as a minimum charge for transporting any shipment however small subject to Freight Rule Number twentyseven RULE 5 Any railroad or any line of connecting railroads may reduce any rate for the transportation of freight between any points on their lines that may be less than twenty or more than two hundred and fifty miles apart without making corresponding reductions for distances over twenty and less than two hundred and fifty miles Provided That where such a reduction is made in a rate for the carriage of freight between any two points more than two hundred and fifty miles apart by any railroad or connecting lines of railroads a similar reduction shall be made for the carriage of similar freights between all other points on said railroads that may be more than two hundred and fifty miles apart to the end that no unjust discrimination may be made against any point or points on said railroads under substantially similar circumstances and conditions RULE 6 Unless otherwise provided by the Commission all freight charges shall be assessed upon the actual weight of the goods transported when such actual weight can be ascertained In the case of carload shipments such actual weights shall be ascertained by a sworn weigher who shall balance the scales immediately before weighing each car and shall see to it that the car to be weighed is free from all bearing of any other car or cars except where the articles of freight being shipped are loaded on two or more cars lapped Such sworn weigher shall keep a complete record of such weights and shall attach to the bill of lading issued for sucb shipment by the railroad company a certificate according to the following form WEIGHERS CERTIFICATE Isworn weigher for the at do certify on oath that I this dayfweighed car number of the Railroad loaded withand that the gross weight of said car was Pounds that the marked weight of said car waspounds that said car while being weighed was disconnected except where articles lapped and that It was free from all bearing of other car or cars that the scales so used were balanced immediately before weighing said car and that to the best of my knowledge the abovementioned weights are correct Signed Weigher for At Minimum freight charge Bates for over 250 miles and under 20 miles No unjust discrimination to be made Actual weights to apply Actual weights how ascertained Sworn weigher duties of Certificate of weight Railroad 446 Estimated weights Estimated Weights RULE 7 With the exception of ale beer live stock and empty barrels and kegs when shipped in less than carload lots which may be carried upon a basis of estimated weight in all cases all articles for which estimated weights are provided by the Commission shall be accepted for transportation at the actual weight thereof when such actual weight can be ascertained as elsewhere prescribed by the Commission Where such actual weights can not be so ascertained the following named articles shall be accepted and transported by railroad companies according to the scale of estimated weights below given LUMBER LIME ETC Per 1000 Feet White Pine and Poplar thoroughly seasoned 3000 lbs j White Pine and Poplar green 4000 Yellow Pine Black Walnut Ash seasoned 4000 Yellow Pine Black Walnut Ash green 4500 j Yellow Pine Boards two inches and less seasoned and undressed 3500 Yellow Pine Boards two inches and less dressed and seasoned 3000 Oak Hickory Elm seasoned 4000 Oak Hickory Elm green 6000 Flooring and Ceiling matched and dressed iy2 inches 2500 Beveled Weather Boards dressed 1500 Hooppoles Staves and Heading dry carloads to depth of 50 inches 24000 Hooppoles Staves and Heading green car loaded to depth of 43 in 24000 Shingles dry per 1000 450 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 yard 3000 Gravel per cubic yard 3200 Stone undressed per cubic foot 160 Lime per bushel 80 Coal per bushel 80 I j Coke per bushel 40 Portland Cement per barrel 400 Other Cements 300 447 CANNED GOODS 2 pounds 1 2 dozen cans per case 60 pounds X 4 70 1 y2 flat 2 36 1 2 22 1 4 42 2 2 42 3 2 1 65 6 1 65 1 gallon can y2 45 1 1 90 Tall 1 pound cans 24 2 2 50 1 4 46 LIVE STOCK One Horse Mule or Horned Animal 2000 libs Two Horses Mules or Horned Animals 3500 lbs Each additional Horse Mule or Horned Animal 1000 lbs Stallions Jacks and Bulls 3000 lbs Mare and Poal together for both 2500 lbs Colts under one year old except Stallions 1000 lbs Shetland Ponies any age 1000 lbs Cow and Calf together for both 2500 lbs Cattle under one year 1000 lbs Sheep not boxed nor crated 175 ibs Sheep in lots of 5 or more not boxed nor crated 150 lbs Lambs not boxed nor crated 100 libs Lambs in lots of 5 or more not boxed nor crated 75 lbs Hogs for market 350 lbs Pigs and Stock Hogs 125 lbs Pigs Hogs Sheep etc boxed actual weight with minimum weight of 100 lbs The maximum rates prescribed by the Commission for the transportation of Live Stock are based upon the following maximum valuation Horses and Mules not over 120 00 each 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 Where consignors offer their animals for shipment at valuations in excess of toe valuation above given carriers may charge the following percentages of increase above the prescribed maximum rate of freight Over 150 00 and not over 400 00 add 30 per cent Over 400 00 and not over 600 00 add 50 per cent Extra charge for high valuations 448 Live stock regulations Fractions how disposed of Over 600 00 and not over 800 00 add 60 per cent Over 800 00 and not over 1000 00 add 100 per cent Over 1000 subject to special rate by contract between the shipper and the carrier A railroad shall not be required to accept live stock for transportation at the released or owners risk rate unless a contract to that effect be executed by and between such railroad and the shipper Railroads shall not be required to accept for transportation a mixed shipment of different kinds of live stock other than at the risk of the shipper If horses be not included in such a mixed shipment the rate for cattle shall apply If horses be included in such a mixed shipment the rate for horses shall apply Shippers may Ibe required to feed water and care for live stock at their own expense When the same is done by the carrier the actual expense of so doing may be collected upon the shipment It shall be the duty of railroad companies without extra charge to transport one way only on the same train with any shipment of live stock an attendant or attendants as the shipper may designate not to exceed the following For one to three cars inclusive one attendant For four to seven cars inclusive two attendants For eight cars or over three attendants RULE 8 Fractions that occur in the net rate after adding or deducting any percentage applicable to the Standard Tariff shall ibe disposed of as follows If such rate applies to Class G or to any other class where fractions are shown by the Standard Tariff fractions of threefourths of a cent or over shall be computed as one cent and fractions less than threefourths but not less than onefourth of a cent shall be computed as half a cent Fractions of less than onefourth of a cent shall be dropped Example Ex 1Standard Rate 65 25 per cent added 16 Total 81 from which deduct fraction leaving desired rate of 8 cents Ex 2Standard Rate 95 20 per cent added 19 Total 114 Substituting 5 for the fraction the desired rate is 115 cents Ex 3Standard Rate 8 20 per cent added 16 Total 96 Substituting 5 for the fraction the desired rate is 95 cents 449 Ex 4Standard Rate 55 25 per cent added 13 Total 68 Adding a unit instead of a fraction the desired rate is 7 cents If such rate applies to Class No One or to any other class where the Standard Tariff does not show fractions of a cent fractions of a half cent or over shall be computed as one cent and fractions less than half a cent shall be dropped Example 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 de sired rate is 22 cents RULE 9 Regardless of any percentage of increase above th Standard Tariff that may he allowed by the Freight Classification in classifying any given article or class of freight the Standard Tariff only shall be the basis for computing any per centages in addition to Standard Tariff rates that may be allowed by the Commission to any particular railroad in its individual freight tariff on the same article or class to the end that no railroad may apply more than one percentage of increase to the Standard Tariff rate in any instance But on the contrary where the Freight Classification specifies a percentage of decrease below the Standard Tariff on any article or kind of freight then the rate so reduced and not the full Standard Tariff rate shall be the basis for computing the increased percentages allowed by the Commission to an individual railroad as above specified No railroad shall charge more than the Standard Tariff rate on any article that in the Freight Classification is assigned to a certain class without percentage regardless of any percentage of increase that may be allowed upon other articles in said class RULE 10 Rates for the transportation of any article that is not included in the Freight Classification of this Commission shall be assessed upon basis of rating carried in Southern Classification provided said last named Classification carries a specific rating for such article and if not rates shall be assessed as if upon the article most analogous to it that is included in the Commissions Freight Classification Percentages of increase how applied Percentage of decrease How to apply percentages of increase Articles not included in Classification 450 RULE 11 Equal facilities to all railroads The several railroad companies of this State in the conduct of their intrastate business shall at all terminal and connecting points to any other railroad company whose tracks are of the same guage afford under substantially similar circumstances equal facilities for the interchange of freight and upon like terms and conditions whether in carload lots or less without discrimination in favor of or against any and wherever special facilities are afforded to one such railroad company in the interchange and delivery of freight either to consignees or to connecting lines whether upon a special rate authorized by this Commission or otherwise such company shall be bound to afford to all other connecting lines under like and substantially similar circumstances like facilities upon like terms and rates RULE 12 Discretionary reduction on these articles Railroad Companies may at their discretion reduce rates on Ores Sand Clay Stone Brick Bone Lumber Shingles Laths Staves Empty Barrels Wood Syrup Sugarcane Straw Shucks Hay Fodder Corn in ear Tanbark Turpentine Rosin Tar and Household Goods below the maximum rates prescribed by the Commission provided that in so doing no unjust discrimination be made against any place or person RULE 13 Loading and unloading to be done by shipper It shall be the duty of consignors and consignees to load and unload shipments of naval stores in carload lots and any goods in classes L M N 0 and P and whenever railroad companies are required to do such loading or unloading the actual cost thereof may be collected upon such shipment RULE 14 L C L rate not to exceed C L In no case shall the amount collected for transporting a less than carload shipment exceed what the amount would be for transporting a minimum carload of goods of the same class over the same railroad between the same points Id no case shall the charge per hundred pounds for transporting a carload C L rate per 100 lbs must not exceed L C L shipment exceed the actually current rate per hundred pounds on goods of the same class over the same railroad between the same points when shipped in lots less than a carload RULE 15 Flag stations shipments from and to Freight that is forwarded from any points other than a regular agency station except as otherwise provided in Rule No 23 may be billed and freight charges may be assessed thereon as if shipped from the first agency station in the opposite direction or next further removed from the point of destination and likewise freight forwarded to such a point may be billed and freight charges may 451 be assessed thereon as if shipped to the first agency station beyond the point of actual destination Provided however There in no case shall any rate be thus made higher than Excessiveit would ibe for a distance greater by five miles than the distance such ship rlteproment is actually transported hibited RULE 16 For each necessary handling of any extra heavy article either in loading the Extra same on or in unloading the same from cars railroads may collect as a maxi clesY arti mum compensation for such service as follows charges for hand Under 2000 pounds no extra charge for handling ling For 2000 pounds and under 3000 pounds 3 00 For 3000 4000 pounds 5 00 For 4000 5000 pounds 7 00 For 5000 6000 pounds 8 00 For 6000 7000 poundsS 10 00 For 7000 and over in proportion When any article is too long too bulky or too heavy to be carried by ordinary Special cars its transportation shall be a matter of special contract between the carrier and the shipper ctent RULE 17 Railroads may charge for transporting freight on regular passengertrains Passenger one and onehalf times the regular freight rate for the carriage of the same iates oi shipment by freight train between the same points freight on RULE 18 Where short of 100 miles the actual distance that a shipment may be carried Distances is not shown by the Standard Freight Tariff charges may be collected as for the tions condistance that is shown by said Standard Tariff most nearly approximating the cerning actual distance For example If actual distance be 48 miles the 50 mile rate may apply for 47 miles the 45 mile rate shall apply For distances over 100 miles where the actual distance is not shown by the Over Standard Freight Tariff the next greater distance shown shall govern For m CS example If the actual distance be 101 miles the rate for 110 miles may apply RULE 19 A ton as intended by all of the regulations of the Commission is 2000 pounds Ton Defitnless otherwise specified nitionof Unless otherwise specified in the Freight Classification of the Commission Minimum a minimum carload is ten tons carload Where the weight of a shipment of any class of freight exceeds the specified carload weight for such freight charges for the transportation thereof shall 452 Carloads in excess of minimum weight Carload shipment definition of Lapped lumber etc Telegraph material distribution of on right of way Ten mile minimum for short lines Transfer or switching charge ibe based upon the carload rate per hundred pounds applied to the actual weight of the shipment without reference to the number of cars required in transportation A carload shipment shall be a consignment of at least the specified minimum carload weight of one class of freight at one time by one consignor from one point of consignment to one consignee at one point of delivery RULE 20 Where owing to the length size or other peculiarity of articles composing a shipment such as lapped lumber more than one car is required for the transportation thereof freight charges may be assessed as if upon the prescribed minimum carload weight of such freight multiplied by the number of cars so employed regardless of how much less the actual weight of such shipment may be RULE 21 Where pursuant to any rules or orders of the Commission or otherwise it shall become the duty of a railroad company or where such company shall voluntarily undertake to transport poles wire and other materials for the construction maintenance operation or repair of telegraph or telephone lines and to distribute such materials along or upon its right of way between stations in this State as desired by the consignor the following regulations shall govern All such freights shall be billed at current tariff rates from the point of shipment to the first regular station next beyond the last intermediate place where any of such material is to be unloaded The consignor shall furnish all labor necessary to affect such distribution For the extra service and hazard of stopping cars and engines between stations as above indicated the railroad company may charge and collect ten dollars per car in addition to the current tariff rates it being understood that no regulation of this Commission shall require such distribution service to be performed except for telephone or telegraph companies duly chartered according to law RULE 22 A railroad company whose line of road does not exceed ten miles in length may assess and collect freight charges on any shipment transported by it between any points on its line as if said shipment were carried ten miles RULE 23 A charge of no more than two dollars per car without regard to its weight or contents will be allowed for transporting switching or transferring a loaded car from any point on any railroad to any connecting railroad or to any warehouse sidetrack or other customary point of delivery that may be designated by the consignor within a distance of three miles from the point of starting 453 When in the transfer switching or transportation of a car between such points it is necessary to pass over the track or tracks of any intermediate railroad or railroads said maximum charge of two dollars shall be equitably divided between the railroads at interest When a charge is made for the transfer switching or transportation of a loaded car between such points no additional charge shall be made for the accompanying movement of the empty car in the opposite direction Provided That this rule shall not interfere with any prevailing legal rate for the transportation of freight between different stations but shall apply only to switching movements or service incident to the forwarding or delivery of shipments and to local transportation movements or service between points both of which are situated at or immediately adjacent and tributary to a single station and within the customary yard or switching limits thereof RULE 24 No regulation of the Commission shall be construed as requiring or authorizing the use of any property of one railroad company by another railroad company for any purpose whatever without the consent of the owner of such property RULE 25 At all of their agencies in Georgia cities and towns having less than 10000 inhabitants each according to the most recently published National census railroads shall receive all freight properly offered for transportation and shall make the usual deliveries of freight to consignees at all times on each day Sundays excepted between the hours of seven oclock a m and twelve oclock noon and between one oclock p m and six oclock p m from April the first to September the thirtieth inclusive and between the hours of seven oclock a m and twelve oclock noon and between one oclock p m and five oclock p m from October first to March thirtyfirst inclusive In cities having 10000 inhabitants or over according to the most recently published National census said hours shall be from seven oclock a m to six oclock p m during the entire year with the exception of an intermission of one hour from twelve oclock noon to one oclock p m Nothing in this rule contained shall be construed as preventing such delivery and receiving of freights by railroads earlier or later than the above mentioned hours if they so desire RULE 26 All goods offered to a public carrier for transportation shall be accompanied by the necessary instructions for the immediate shipment thereof No railroad company shall be required to accept for carriage any goods unless the same shall be of such character and in such condition and so prepared or shipment as to render the transportation thereof reasonably safe and prac Joint charges to be equitably divided Empties returned without extra charge Rates between different stations not to be disturbed Use of property by another railroad not authorized Depots hours for keeping open Earlier or later delivery or receiving not prohibited Shipping instructions must accompany goods Preparation of goods for shipment Inspection facilities for i Joint rates Narrow guage railroads carload weights Transfer to and from narrow guage railroads Reduced rates on returned shipments ticalble nor unless such goods or the packages containing the same shall legibly bear the name and address of the intended consignee If the contents of a package can not be readily inspected it shall be the duty of the consignor upon demand to furnish to the carrier a complete sworn list of such contents in default of which the carrier may refuse to accept such goods for transportation RULE 27 No railroad shall charge more than its maximum legal rate less ten per centum for its service in carrying a joint shipment that is to say a shipment that in reaching its destination is carried by two or more different independent and separately operated railroads to which continuous mileage rates do not apply under the provisions of Freight Rule No One Fractions resulting from deductions as herein required shall be disposed of in accordance with Freight Rule No Eight Provided That this rule shall not be qonstrued as prohibiting the division of any joint rate by the railroads at interest among themselves in such proportions as may be agreed upon by them RULE 28 When transported by a narrow gauge railroad fifteen thousand pounds shall be the minimum carload weight of any class of freight upon which the Commission has made a rate per carload instead of per ton or per hundred pounds regardless of what the prescribed carload weight of similar freight may be when carried by standard gauge railroads and the freight rate upon such a reduced carload weight shall be less in the same proportion Where continuous mileage rates apply under the provisions of Freight Rule No 1 of the Commission to two lines of railroad one of the same being of narrow gauge and the other of standard gauge an extra charge of three dollars per carload regardless of the weight or contents thereof may be made for transferring a shipment of brick or lumber from one of said lines to the other in transit RULE 29 Shipments of freight except articles classified firstclass or higher which are not delivered at destination may be returned between points within this State at onehalf the rate applying in the reverse direction provided that the full amount of freight charges in both directions shall have been paid or guaranteed by owners and provided further that such return is made within ninety days of arrival at destination Billing for the return shipment must show proper reference to the original billing The foregoing shall not apply on Machinery Agricultural Implements or other articles returned for repairs Provided however that the above rule shall not operate to reduce the minimum charge on single shipments as per Rule No 4 455 Agricultural Implements and Machinery C L or L C L returned to manufacturers must be prepaid or waybill must be accompanied by an order from manufacturers for such return RULE 30 Unless otherwise specifically provided in the Classification any package containing articles of more than one class will be charged at the rate for the highest class articles contained therein When a number of different articles all of which are in the same class are shipped at one time by one consignor to one consignee and one destination in carloads such car or cars shall be taken at the carload rate per 100 pounds and at the highest minimum carload weight established for either of the articles contained in car actual weight to be charged for if in excess of such carload minimum Provided however that when articles shipped as above are in class N 0 or P the lowest carload weight shall be used If the articles are in different classes the highest carload rate and minimum weight provided for either of the articles in car shall be charged on all articles that make up the carload actual weight to be charged for if in excess of the specified minimum weight Except that where the actual weight of any one or more of the articles when taken separately or together equals the highest minimum carload weight provided for any one of said articles shipper shall have the option of paying the less than carload rate on such of the articles as he may desire and the highest carload rate as above on the other articles in car Provided That in no case shall the total charge for any mixed carload of freight exceed the charge that would be arrived at by applying the less carload rate for each article at the actual weight thereof RULE 31 Upon the request of a consignee or consignees of carload shipments for reweighing a car or cars providing such request is made within the free time prescribed by the Storage Rules of this Commission it shall be the duty of the delivering line within fortyeight hours after the receipt of such request Provided such line has track scales at that point to have the same reweighed in the presence of consignee or his agent if it be so desired by a sworn weigher who shall furnish to the consignee a certificate showing the gross are and net weights thereof If the net weight thus ascertained shall differ from the billed weight by more than one per cent of the latter subject to a minimum of five hundred pounds the billing shall be corrected to the reweight Provided however that no railroad company shall be required to reweigh cars as herein provided for unless the consignee shall at the time of requesting reweight deposit with the agent of the delivering line the sum of two dollars which amount when the billed weight is corrected as hereinbefore provided or shall be refunded to consignee within twentyfour hours after corrected weights are ascertained Mixed F shipments Reweighing C L shipments 456 Overloading ears by shippers I Routing J shipments Penalty for failure to observe routing instructions Allowance for dunnage Free time for unloading cars which are reweighed as herein specified provided the billed weights thereof are corrected as set out in paragraph one shall begin at 700 oclock a m on the day following that upon which reweighing was done For a violation by any railroad company in this State of the provisions of this rule or any of them such railroad company shall pay to the consignee so offended within thirty days after demand therefor is made by the consignee the sum of one dollar per day for each offense for each day that such violation continues RULE 32 Railroad companies will not be required to accept for transportation cars loaded by shippers in excess of their marked capacity plus ten per cent and whenever a shipper at a flag station or other station where there are no track scales overloads a car as above charges for transportation may be assessed on basis of ten per cent above the current tariff rate RULE 33 Whenever a shipper tenders to any railroad express or other transportation company a shipment foj transportation between points within this State and gives such company routing instructions it shall be the duty of said company to receive such shipment and forward according to instructions given And if it be necessary in complying with such routing instructions for the shipment to pass over the lines of two or more companies it shall be the duty of the initial company to so deliver to its connection and each succeeding company shall do likewise as will cause compliance with routing instructions and the lowest rate applicable via such specified route shall be applied Where shipments are tendered without routing instructions the company receiving same in the first instance shall forward said shipments with due regard to the interests of the shippers and by that reasonable and practicable route over which the lowest charge for transportation applies and any damage resulting to a shipper from a disregard of this obligation by any company shall be repaired by the company responsible for the misrouting making reparation to shipper to the extent of the difference between the necessary expense incurred in making delivery of shipment over the route by which same improperly moved and the necessary expense which would have been incurred had shipment been properly routed provided that any reparation made upon this account shall in no wise affect the right of shipper to any claim for actual damages sustained in excess of the difference in expense incurred in making delivery as herein provided RULE 34 Railroad companies are required to make an allowance equal to the actual weight thereof subject to a maximum allowance of one thousand pounds for linings floorings or dunnage placed in box not refrigerator cars by shippers for the protection of property in transit requiring their use provided that in no case shall less than the specified minimum carload weight be charged for on the property contained in the car subject to the provisions of Freight Rule No 19 457 RULES GOVERNING THE ERECTION AND LOCATION OF RAILROAD EXPRESS AND TELEGRAPH DEPOTS STATIONS AGEN CIES AND OFFICES RULE 1 It shall he the duty of all railroad express and telegraph companies in this State to establish conduct and maintain such stations ofaces and agencies for the transaction of the usual and customary business with their patrons at all points on their lines in Georgia where the volume of such business offered shall reasonably justify or where the public service and convenience may reasonably require the same RULE 2 Each and every depot station office and agency now maintained conducted or used in Georgia by any railroad express or telegraph company doing business in this State for the transaction of business with the public is hereby formally established and located at the point and on the premises where the same is now being so maintained and conducted No such depot station office or agency as aforesaid now established or that hereafter may be established pursuant to orders made by the Commission or voluntarily by such company or otherwise shall be closed removed suspended discontinued or abolished without authority granted by the Commission upon written application RULE 3 All applications that may be made asking that the Commission will require the establishment of any railroad telegraph or express office station or agency or the construction or improvement of any depot building whether for freight or passengers or for both shall clearly and fully set forth in detail all of the reasons and grounds upon which such applications may be based and in so doing shall give as nearly as may be practicable the following information The population of the town city or other locality in question the number of stores schools churches factories etc in and adjacent thereto the actual and immediately prospective volume of business to be accommodated by the said improvement desired and all such further information as would enable the Commission understandingly to judge of the necessity for such improvement and intelligently to act upon such application RULE 4 Each railroad company shall provide separate waitingrooms for white and colored passengers in each and every passenger depot and in each and every combination freight and passenger depot that may hereafter be built rebuilt or remodeled by such company in this State whether done voluntarily by such company or in compliance with orders made by the Commission or otherwise Depots etc to be established No discontinuance of agencies without consent of Commission Application for depots what they should show Separate waitingrooms for white and colored 458 Notice of arrival of goods to be given Notice how served and information given Free time STORAGE RULES RULE 1 The following rules shall govern the collection of all storage and demurrage charges in this State and for failure of either shipper or consignee or railroad company to comply with the terms of said rules the party at fault shall incur the penalties prescribed by the rule or rules violated Provided however that if compliance with the terms of any of said rules by a railroad company be made impracticable by some cause over which said company has no control the time during which compliance therewith is thus suspended shall be counted as free time As to any dispute growing out of this provision however the Commission shall be the sole judge RULE 1A Upon the arrival at destination of any and all freights the delivering line shall within twentyfour hours thereafter give to consignees thereof legal notice of such arrival and the giving of such legal notice as hereinafter defined shall be a condition precedent to the collection by railroad companies of any storage charges upon any shipment notice of arrival of which has not been thus served upon the consignee and no storage charges shall be assessed nor collected other than as authorized by thfese rules For failure to give such legal notice of arrival the railroad company at fault shall pay to the consignee so offended the sum of one dollar per car per day on carload shipments and one cent per hundred pounds per day on less than carload shipments for each day during which the terms of this rule are not complied with RULE 2 Legal notice as herein understood and intended may be either served by mail or personally and the leaving of notice at the consignees residence or usual place of doing business shall also be considered personal notice In either case such notice must show the weight of the freight in question and the amount of charges due thereon and in case of carload shipments shall show as well the initials and number or numbers of the car or cars containing the same If such notice be served personally upon the consignee the period of free time within which to receive such freight and to remove the same from the custody of the delivering railroad company shall begin at seven oclock a m on the day after such notice is served and shall continue during fortyeight hours exclusive of Sundays legal holidays and such hours on other days during the free period between seven oclock a m and seven oclock p m as the inclemency of the weather may render the removal of the freight in question from the custody of the carrier reasonably impracticable of which in case of dispute the Commission shall judge 459 Provided however that on cars of coal containing 60000 pounds or more and loaded in cars the sides of which are three and onehalf feet or more highand which do not contain more than two dumps sixty hours free time shall be allowed as aJbove Where notice is served by mail the time allowed as free time shall be computed from seven oclock a m of the second day after such notice has been given Provided That where such notice is alleged to have been served by mail and the consignee makes oath that neither he nor any of his agents nor employees has received the same then no storage charge shall be made until legal notice has been given as aJbove specified Where one consignee receives over the lines of one railroad company in one day four or more cars that take track delivery each of said cars in excess of three shall have seventyeight hours of free time Where consignors ship goods to themselves or their order the above prescribed written notice duly mailed to the consignee at the point of delivery shall be taken and held to be sufficient legal notice whether such consignee actually receives the same or not Where notice is given in substantial compliance with the foregoing requirements the consignee shall not thereafter have the right to call in question the accuracy nor sufficiency of such notice unless within twentyfour hours after receiving the same he shall serve upon the delivering carrier a full written statement of his objections to the insufficiency of such notice RULE 3 Subject to these rules and regulations the maximum storage charges that may be lawfully assessed or collected by railroad companies in this State where freight is not removed from their custody within the free time by these rules prescribed shall be On loaded cars one dollar per car per day or fraction of a day On freight in carload lots unloaded and stored in depots or warehouses ten cents per ton of two thousand pounds per day or fraction of a day On freight in less than carload lots stored in freight depots or warehouses one cent per hundred pounds per day or fraction of a day Provided That in no case shall the amount so collected on a less than carload shipment be greater than the maximum charge on a carload of freight similarly stored for the same length of time RULE 4 When a car destined for delivery at a particular point shall be brought within the customary switching limits of the delivering road at the point of destination designated in the hill of lading under which such shipment is carried and is placed at a point not more than three miles distant from the freight depot of such carrier the goods therein contained shall within the meaning of these rules be deemed to have arrived at destination in so far as to impose upon the consignee the duty of giving direction for the disposition and placing of the car upon receipt by him of legal notice of the arrival thereof Notice by mail Over four cars in oneday Order notify shipments Substantial compliance Amounts that may be charged Arrival definition Of 460 Cars must be accessible for unloading Rejected shipments Distant con signees Detention of cars by shippers RULE 5 A car taking track delivery must be and remain accessible to the consignee for the purpose of unloading the same during the prescribed free time If during free time a car be removed or its unloading be otherwise obstructed or prevented by the delivering railroad company the consignee shall not be charged with the consequent delay If the delivering railroad company removes a car after storage begins thereon such car shall upon demand of the consignee be promptly made accessible for the unloading thereof RULE 6 Where a consignee shall give to the delivering carrier notice of his refusal to accept a shipment of freight properly tendered in pursuance of the bill of lading the delivering carrier shall give to the consignor legal notice of such refusal and if the consignor fails within three days thereafter to give direction for the disposition of such goods he shall thenceforth become liable to such carrier for the usual storage charges to the same extent and at the same rate as such charges are now under like circumstances by the rules of this Commission imposed upon consignees who neglect or refuse after notice of arrival to remove freight of like character And where a consignee of freight either in carloads or less than carloads shall fail or neglect to remove such freight within six days after the expiration of free time then the carrier shall through the agent at point of shipment so notify the shipper unless the consignee has signified his acceptance of the property Said notice may cither be served personally or given by mail No such notice to the consignor however shall be required of a carrier company where goods are shipped in less than carload lots unless such goods or the packages containing the same shall legibly bear the name and address of the consignor thereof A consignee who has once refused to accept a consignment of goods shall not thereafter be entitled to receive the same except upon the payment of all charges for storage which would otherwise have accrued RULE 7 A consignee whose place of business is located five miles or over from the depot to which his freight is billed shall not be subject to any storage charge thereon until a sufficient time shall elapse after legal notice of the arrival of such freight for such consignee to have removed the same from the custody of the delivering carrier by the exercise of reasonable diligence of which in case of dispute the Commission shall judge RULE 8 Where loaded cars are detained at the point of consignment for want of proper shipping instructions or by reasons of improper or excessive loading 461 thereof by the shipper the railroad company may collect from such shipper one dollar per car for each day or fraction of a day that such car or cars may he so delayed RULE 9 Railroad companies are required to furnish cars promptly upon request therefor When a shipper files with a railroad company written application for a car or cars stating therein the character of freight to be shipped and its destination such railroad company shall furnish same within four days Sundays and legal holidays excepted from seven oclock a m of the day following the receipt of such application For a violation of this rule the railroad company at fault shall within thirty days after demand in writing is made therefor pay to the shipper so offended the sum of one dollar per car per day or fraction of a day after expiration of free time during which such violation continues RULE 10 Whenever freight of any character proper for transportation whether in carload quantities or less is tendered to a railroad company at its customary place for receiving shipments and correct shipping instructions given such railroad company shall immediately receive the same and issue hills of lading therefor And when a shipment is thus received the same must be carried forward at a rate of not less than fifty miles per day of twentyfour hours computed from seven oclock a m of the day following the receipt of shipment For failure to so receive or transport shipments as hereinbefore provided for the railroad company at fault shall within thirty days after demand in writing is made therefor pay to the shipper so offended or other party whose interest is affected thereby the sum of one dollar per car on carload shipments and one cent per hundred pounds subject to a minimum of five cents on less than carload shipments for each day or fraction thereof that the terms of this rule are not complied with The basis for any claim filed for a noncompliance with this rule shall be in cases where the shipper specifies the routing the actual route indicated by the shipper and in cases where no routing is specified by the shipper then the route usually used by the railroad companies at interest Provided however That at divisional terminals or at other points where rehandling of a shipment or transferring same from one car to another is necessary in reaching its destination twentyfour hours shall be allowed at each point where such rehandling or transfer is necessary RULE 11 Where in accordance with the rules of this Commission a railroad company places a car or cars at a reasonably accessible point on its team tracks or on a private track designated by the shipper free time for the loading of such car Railroads required to furnish cars when ordered Railroads must receive and promptly transport freight Loading cars 462 or cars shall expire fortyeight hours from the time the same are so placed exclusive of Sundays legal holidays and such hours on other days during the free period between seven oclock a m and seven oclock p m when the inclemency of the weather may render the work of loading such cars reasonably impracticable of which in cases of dispute the Commission shall judge and thereafter a charge of no more than one dollar per car per day or fraction of a day may be assessed and collected by the railroad company until such car or cars have been tendered to the railroad company If the shipper should fail for fortyeight hours after the expiration of free time to begin loading such car or cars the railroad company placing same may consider them released and may remove such car or cars and collect two dollars for each car covering demurrage then due for the two days and upon failure of the shipper to pay this assessment or other penalty for which he has become liable under these rules railroad companies will be excused from placing cars for future shipments until such assessment has been paid RULE 12 Railroads must promptly deliver freights at destination Railroad companies are required to make prompt delivery of all freights upon the arrival thereof at destination For failure to deliver freights at its freight depot or to place loaded cars at an accessible point for unloading the same within fortyeight hours exclusive of Sundays and legal holidays computed from seven oclock a m the day after the arrival of same at destination over its line the railroad company at fault shall pay to the shipper or consignee of such goods one dollar per car per day on carload shipments and one cent per hundred pounds per day on less than carload shipments for each day or fraction thereof that such delivery is so delayed RULE 13 Railroads required to deliver cars to connections for placing If upon arrival at the destination of car the consignee named in the bill of lading should desire the same placed upon some sidetrack which is located on another line of road the railroad which brought the car to the destination named in the billing shall upon receipt of direction so to do as per Storage Rule No 4 and within twentyfour hours after the receipt of such notice deliver such car to the line upon which the designated sidetrack is located And if it be necessary in reaching the designated sidetrack to pass over the tracks of two or more railroads the initial line shall make delivery as above to its connection and each succeeding line shall do likewise that will cause the quickest and most feasible delivery to the designated track and in no case shall more than seventytwo hours be allowed in effecting such delivery And the provisions of this Rule shall likewise apply to any car which is loaded on a sidetrack of one railroad to be transported to destination by some other line of road For a violation of any provision of this Rule the railroad company at fault shall pay to the consignee or party whose interest is affected the sum of one dollar per car per day for each day or fraction of a day such violation continues ft 463 RULE 14 Subject to tbe provisions of Freight Rule No 23 each railroad company in Railroads this State is required to accept from any connecting road of same guage any required to accept and all cars proper for transportation that may be tendered it by such con cars from necting line and shall within twentyfour hours exclusive of Sundays and legal linefor15 holidays after tender is made place such car or cars at an accessible point for Placinloading or unloading same on any sidetrack on its line that may be designated by order of the shipper or consignee at interest provided however that no railroad company shall be required to place on its general delivery tracks any car that reached destination or is intended to be forwarded over the line of another railroad For a violation of any provision of this Rule the railroad company at fault shall pay to the party whose interest is affected the sum of one dollar per car per day for each day or fraction of a day such violation continues 464 TELEGRAPH Tariff and Rules Governing Telegraph Companies RULE 1 Tariff of rates Except as otherwise specially provided no telegraph company shall collect more than twentyfive cents for its service in transmitting any message of ten wprds or less exclusive of date address and signature between any two points within this State nor more than two cents for each additional word of a day message nor more than one cent for each additional word of a night message and no additional charge shall be made for repeating a messagethat is telegraphing it back to the office where it originated for comparison RULE 2 Limits of free delivery No extra charge shall be made for delivering a telegraphic message in cities or towns in this State within a radius of one mile from the office of the delivering telegraph company provided that such point of final delivery is within the corporate limits of such town or city For the delivery of one or more messages by one messenger at the same time to one addressee beyond the limits above mentioned telegraph companies may charge not more than fifteen cents for the first mile or fraction thereof beyond such limits and ten cents for each subsequent mile or fraction thereof beyond such limits Wherever practicable such telegraph company may deliver such messages by telephone upon written request of the sender or addressee thereof and charge the actual expense of so doing RULE 3 Time of filing messages to be shown when desired Telegraph companies are required to show on each telegram they transmit and deliver between points in Georgia the correct time expressed in hours and minutes that such telegram was received at office of delivery And where the sender of any such message desires to show also the correct time of filing N with initial office the transmitting company shall where the words necessary to express the filing time added to the words in the body of the message do not exceed ten words carry said information free But where such words added to the words in the body of the message exceed ten words a charge of two cents per word for each word in excess of ten shall be allowed subject to a maximum extra charge for showing said time of filing of five cents SPECIAL NOTICE See Rules Governing the Erection and Location of Depots and General Rules 465 PASSENGER TARIFF CLASSES liach Company doing business as a common carrier of passengers in this State is allowed to charge as maximum passenger fare the rates prescribed by the Passenger Tariff Class below in which such Company is placed Class A 2 Cents per mile Atlanta West Point R R Co Western Atlantic R R Class B 214 Cents per mile Charleston Western Carolina Ry Co Class C 2y2 Cents per mile Alabama Great Southern R R Co Georgia Southern Florida Ry Co Atlantic Coast Line R R Co Seaboard Air Line Ry Co Central of Georgia Ry Co Southern Railway Co Georgia Railroad Co Atlanta Birmingham Atlantic R R Co Augusta Southern R R Co Brinson Railway Chattanooga Southern R R Co Fitzgerald Ocilla Broxton R R Co Flint River Northeastern R R Co Gainesville Midland Ry Co Garbutt Donovan Short Line R R Co Georgia and Florida Railway Georgia Florida Alabama Ry Co Georgia Northern Ry Co Georgia Southwestern Gulf Ry Gulf Line Railway Co Class Ei Florida Central R R Co Georgia Granite R R Co Hartwell Railway Co Milltown Air Line Railway Class D 3 Cents per mile Louisville Nashville R R Co Macon Birmingham Ry Co Macon Dublin Savannah R R Co Register Glennville Ry Co Rome Northern Railroad Co Savannah Southern Railway Co Savannah Statesboro Ry Co Savannah Augusta Northern Railway Co South Georgia Ry Co Union Point White Plains R R Co Valdosta Moultrie Western Railroad Co Wadley Southern Ry Co Wrightsville Tennille R R Co 4 Cents per mile Ocilla Southern Railroad Co Sparks Western Railroad Co Statenville Railway Co Sylvania Girard R R Co Special Group Georgia Coast Piedmont four cents per mile except between Glennville and Ludowici Flovilla Indian Springs Ry allowed a minimum charge of 25 cents Lexington Terminal R R allowed a minimum charge of 25 cents Smithsonia Dunlap allowed a minimum charge of 25 cents Sandersville R R allowed a minimum charge of 25 cents St Marys Kingsland R R Co 5 cents per mile maximum charge of 50 cents Talbotton R R Co allowed a minimum charge of 25 cents Tallulah Falls Ry Co three and onefourth cents per mile Louisville Wadley R R Co four and onehalf cents per mile 466 FREIGHT TARIFF CLASSES Each company doing business as a common carrier of freights in this Stati is allowed to apply the Standard Freight Tariff subject to the conditions of the Freight Tariff Class below in which such Company is placed CLASS A The Standard Tariff without percentage CLASS B 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 Lime and Ice the Standard Tariff with ten per cent added CLASS C 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 Lime and Ice the Standard Tariff with ten per cent added CLASS D 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 Classes C D F J and P the Standard Tariff without percentage On Lime and Ice the Standard Tariff with ten per cent added 467 CLASSIFIED LIST OF RAILROADSFREIGHT For Freight Tariffs See Corresponding Numbers on Opposite Page Class A Alabama Great Southern Railroad Go Monroe Railroad Co Atlanta and West Point Railroad Co Atlanta Northern Railway Co Georgia Railroad Co Lexington Terminal Railroad Co Class B Atlantic Coast Line Railroad Co Class C Union Point White Plains Railroad Co Western and Atlantic Railroad Atlanta Birmingham Atlantic R R Co Central of Georgia Railway Co Georgia Southern and Florida Ry Co Hartwell Ry Co Lawrenceville Branch Railroad Louisville Nashville Railroad Register and Glenville Railroad Seaboard Air Line Railway Southern Railway Co Wrightsville Tennille Railroad Co Class D Atlanta Stone Mountain Lithonia Ry Co Augusta Southern Railroad Co Bostwick Railroad Co Brinson Railway Charleston and Western Carolina Ry Co Chattanooga Southern Railroad Co Fitzgerald Ocilla and Broxton Railroad Co Flint River Northeastern Railroad Florida Central Railroad Company Flovilla and Indian Springs Ry Co Gainesville Midland Railway Co Garbutt Donovan Short Line Railway Georgia Florida Railway Georgia Coast Piedmont R R Co Georgia Florida and Alabama Ry Co Georgia Granite Railroad Co Georgia Northern Railway Co Georgia Southwestern Gulf Ry Gulf Line Railway Louisville and Wadley Railroad Co Macon and Birmingham Ry Co Macon Dublin Savannah Railroad Co Milltown Air Line Railway Millstead Railroad Co Ocilla Pinebloom Valdosta Railway Co Ocilla Southern Railroad Co Rome Northern Railroad Pelham Havana Railroad Co Sandersville Railroad Co Savannah and Statesboro Railway Co Savannah Augusta Northern Railway Co Savannah Southern Railway Co Smithsonia and Dunlap Railroad Co South Georgia Railway Co Sparks Western Railroad Co Statenville Railway Company St Marys and Kingsland Railroad Co Sylvania and Girard Railroad Co Talbotton Railroad Co Tallulah Falls Railway Co Tifton Terminal Co Valdosta Moultrie Western Railroad Co Wadley Southern Railway Co Pn Stone Granite and Marble viz Blocks and slabs Including furniture marble ia j fr interior finish and grave and monumental work rough dressed or finished unlettered valuation limited to 20 per cubic foot C L Class P plus 25 per cent On same n c L 23 of 6 STANDARD TARIFF PER 100 POUNDS Per Bbl Per 100 Lbs Per 100 Lbs Dis tance 1 2 3 4 5 6 A B c 0 E F 8 H Miles Gti Cts Ots Cts Ots Cts Cts Cts Cts Ots Cts Cts Cts Cts S 12 11 10 8 7 6 6 6 4 3 7 9 2 8 10 16 14 13 10 9 8 8 8 6 5 9 in H 10 15 18 16 15 12 11 9 9 9 6 61 11 m 8f 12 I 20 20 18 16 14 12 10 10 10 7 6 12 14 5 14 j 25 22 20 18 16 13 11 11 11 n 6 13 15 6 16 30 24 21 19 17 14 11 11 11 7 6 14 15 6 17 85 26 23 21 19 15 12 12 12 8 7 15 16 61 19 40 37 24 22 20 16 12 12 12 8 7 16 16 6 20 45 29 26 24 21 17 13 13 13 81 8 17 17 6f 21 50 30 27 25 22 18 13 13 13 8 8 18 17 7 22 55 82 29 26 23 19 14 14 14 9 81 19 18 7 23 j 60 88 30 27 24 19 14 14 14 9 8 19 18 71 24 65 35 32 28 25 20 15 15 15 9 20 19 7 25 70 36 33 29 26 20 15 15 15 1 9 20 19 7 26 75 38 35 80 27 31 16 16 16 10 1 21 20 7 27 80 89 36 31 28 21 16 16 16 10 1 21 20 7 28 85 41 37 32 29 22 17 17 17 11 10 22 21 7 29 1 90 42 38 33 29 22 17 17 17 11 10 22 21 8 29 95 44 39 34 30 23 18 18 18 n 11 23 28 8 30 100 45 40 35 30 23 18 18 18 m 11 23 23 8i 30 110 48 42 87 81 24 19 19 19 IS 11 24 28 8 81 120 61 44 89 82 26 20 20 20 13 12 25 24 8 32 130 54 46 41 83 26 21 21 21 13 12 26 25 8f 83 140 57 48 43 34 27 22 22 22 13 13 27 26 9 34 150 60 50 45 35 28 23 23 23 14 13 28 28 t 35 160 62 52 46 86 29 24 24 24 14 18 29 29 9 86 170 64 54 47 87 80 26 25 25 15 14 30 31 9 37 180 66 66 48 38 31 26 26 26 15 14 1 31 9 38 190 68 68 49 39 32 27 27 27 16 15 32 33 9 89 200 70 60 50 40 32 27 27 27 16 151 32 33 91 40 210 71 62 51 41 38 28 28 28 17 18 33 34 H 41 220 72 64 52 42 33 28 28 28 17 16 33 34 10 42 230 73 66 53 43 84 29 29 29 18 17 34 36 io 43 240 74 68 54 44 34 29 29 29 18 17 34 36 10 44 250 75 70 55 45 35 30 30 30 19 18 35 38 10 45 260 76 71 66 46 85 80 80 30 19 18 85 38 10 46 270 77 71 56 46 36 31 81 31 20 19 36 40 10 46 280 78 72 67 47 38 32 32 32 20 19 36 40 10 47 290 79 72 57 47 37 82 32 32 21 19 37 42 10 47 300 80 73 58 48 38 33 33 33 21 19 38 42 11 48 310 81 73 58 48 88 33 33 38 21 19 88 42 11 48 320 82 74 59 49 39 34 34 34 21 20 39 42 11 49 330 83 74 69 49 39 34 34 84 22 20 39 44 11 49 340 84 74 59 49 39 34 84 34 22 20 9 44 11 49 350 85 75 60 50 40 35 35 35 23 21 40 46 11 50 360 85 75 60 50 40 85 35 35 23 21 40 46 11 50 870 85 75 60 50 40 35 35 35 23 21 40 46 11 50 380 88 76 61 61 41 36 36 86 25 23 41 50 11 52 390 88 76 61 51 41 36 86 36 25 23 41 50 11 52 400 88 76 61 51 41 36 36 36 25 23 41 50 11 52 410 91 77 62 62 42 37 37 37 26 24 42 52 11 54 420 91 77 62 52 42 37 4 37 37 26 24 42 52 31 54 430 91 77 62 52 42 37 t 37 37 26 24 43 52 H 54 440 94 78 63 53 43 38 38 38 27 25 43 54 11 56 450 94 78 63 53 43 38 33 38 27 25 43 54 11 56 460 94 78 63 58 48 38 88 88 27 25 43 54 12 56 STANDARD TARIFF Per 100 Pounds Per Ton Per Car Load Per 100 Lbs Dis tance J K L M N 0 P R Miles Ots Cts Cts Cts Cts Cts Cts Cts 5 8 4 35 65 5 00 5 50 4 00 4 10 10 5 50 80 6 50 8 00 5 00 5 15 12 5J 55 85 7 50 9 00 6 00 5 20 13 6 60 90 8 00 10 00 7 00 6 25 14 6 65 95 9 00 11 00 8 00 6 30 15 7 70 1 00 10 00 11 00 8 00 7 35 16 n 75 1 05 12 00 12 00 9 00 n 40 17 8 80 1 10 13 00 12 00 9 00 8 45 18 8 85 1 15 14 00 13 00 10 00 8 50 19 9 90 1 20 14 00 13 00 10 00 9 55 20 8 95 1 25 14 00 14 00 10 00 9 60 21 9 95 1 30 14 50 14 00 11 00 10 65 22 9 1 00 1 35 15 50 15 00 11 00 10 70 22 9 1 00 1 40 16 00 15 00 11 00 11 75 23 9 1 05 1 45 16 50 16 00 12 00 11 80 23 n 1 10 1 50 17 00 16 00 12 00 12 85 24 9 1 15 1 55 17 60 17 00 13 00 12 90 24 9 1 15 1 60 8 00 17 00 13 00 13 95 25 10 1 20 1 65 19 00 17 00 14 00 14 100 25 10 1 20 1 70 20 00 17 00 14 00 14 110 26 10 1 25 1 80 21 00 18 00 14 00 15 120 27 10 1 30 1 90 23 00 18 00 15 00 16 130 28 10 1 35 2 00 24 00 19 00 16 00 17 140 29 11 1 40 2 10 25 00 19 00 16 00 18 150 30 11 1 50 2 20 26 00 20 00 17 00 18 160 81 12 1 60 2 25 27 00 20 00 17 00 19 170 32 12 1 70 2 30 28 00 21 00 18 00 19 180 33 12 1 80 2 35 29 00 21 CO 19 00 20 190 34 13 1 90 2 40 29 50 22 00 19 00 20 200 35 13 2 00 2 45 30 00 22 00 20 00 20 210 36 13 2 10 2 50 31 00 23 00 20 00 21 220 37 14 2 20 2 55 81 50 23 00 21 00 21 230 38 14 2 30 2 65 32 00 23 00 21 00 21 240 39 14 2 40 2 65 33 00 24 00 22 00 22 250 40 15 2 50 2 75 33 50 24 00 22 00 22 260 41 15 2 60 2 75 34 00 24 00 22 00 22 270 42 15 2 70 2 85 34 50 25 00 23 00 22 280 43 16 2 80 2 85 35 00 25 00 23 00 23 290 44 16 2 90 2 95 36 00 25 00 24 00 23 300 45 16 2 95 3 00 36 50 26 00 24 00 23 310 46 17 3 05 3 10 37 00 26 00 24 00 23 320 47 17 8 05 3 20 88 00 26 00 24 00 24 330 48 17 3 15 8 30 88 50 27 00 25 00 24 840 49 17 3 15 3 40 39 00 27 00 25 00 24 350 50 17 3 29 3 50 40 00 27 00 25 00 24 360 61 17 3 28 3 50 40 00 27 00 25 00 24 370 52 17 8 28 3 50 40 00 27 00 25 00 24 380 63 18 3 41 3 60 41 00 29 00 27 00 26 390 54 18 3 41 3 60 42 00 29 00 27 00 26 400 55 19 3 41 3 60 42 00 29 00 27 00 26 410 56 19 3 54 3 70 44 00 31 00 29 00 28 420 57 19 8 54 3 70 44 00 31 00 29 00 28 430 58 19 3 54 3 70 44 00 31 00 29 00 28 440 59 20 3 67 3 80 46 00 33 00 31 00 30 450 59 20 3 67 3 80 46 00 33 00 31 00 30 460 60 20 3 67 3 80 46 00 33 00 31 00 30 470 DIRECTIONS FOR COMPUTING RATES Tor the benefit of those who may not he familiar with the subject the following directions are given for the computation of rates from the 1 Classification and Tariff of the Commission contained in this volume This can best be done by an actual exampleTake for instance a shipment of dry goods weighing 500 pounds from Savannah to Tennille Ga Tennille being on the line of the Central of Georgia Railway we turn to the distance tables of that company page 518 where the distance from Savannah to Tennille is shown to be 135 miles Turning to page 467 a classified list of railroads in Georgia is found the Central being in Class C and on the opposite page 466 we find that on several classes of freight all roads in Class C are allowed to add 25 per cent to rates shown in the Standard Tariff Now turn to the Classification which begins on page 472 arranged in alphabetical order and under the head of D it will be seen that Dry Goods are in firstclass Turn to the Standard Tariff page 468 and follow down the first column which shows the miles There being no distance of 135 shown the next highest distance governs and opposite 140 miles in the next column this being the column for firstclass the rate is seen to be 57 cents per 100 pounds The road being allowed to add 25 per cent to this class and 25 per cent of 57 cents being 14 cents we find by adding the 57 and 14 together that the mfnnmnm rate is 71 cents per 100 pounds or on the 500upound shipment 355 Directions to Agents Regarding the Construction of Joint Rates Rule No 27 provides that the maximum charge on a shipment which moves between two points both located in the State of Georgia but not located on the same road shall be 90 per cent of the sum of the local rates allowed to be charged by the roads handling the freight To illustrate on a shipment of freight taking 1st class the rate from Fairbum Ga to Covington Ga on the Georgia R R be arrived at as follows viz Take the A W P rate for 1st class Fairburn to Atlanta which is 20c to this add the Georgia R R rate from Atlanta to Covington 41 miles which will be found to be 27c making 47 From this 10 per cent must be deducted 10 per 471 cent of 47c is 4 and 710 cents or 5c estimating the fraction as a unit deduct this from 47c and the result will be 42c which is the through 1st class rate Fairbum to Covington In dividing the through rate each line will be allowed its local less 10 per cent i e the A W P will receive 20c less 10 per cent or 18c and the Georgia It R 27c less 10 per cent or 24c The attention of agents is called to the fact that many of the roads are allowed to charge greater than the standard rates The classified list will be found on page 467 and on page 466 will be found the percentage of increase allowed to such roads and care should be taken to see that the standard rates are increased to the extent provided before the deduction of 10 per cent in arriving at joint or through rates 472 CLASSIFICATION OF THE RAILROAD COMMISSION OF OEOROIA Supersedes Classification Contained in 36th Report and all Amendments Thereto EXPLANATION OF 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 1 represents 1 times First Class o 1 represents Double First Class 3 T 1 represents Three Times First Class 4 T 1 represents Four Times First Class A B C D E F and H etc represent Classes A B C D E F and H etc 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 Agricultural Implements C L not less tlian 20000 pounds owners to load and unload Agricultural Implements L C L as follows Brooders including necessary Lamp boxed or or crated L C L Same C L min wt 15000 lbs Cleaners Cotton Seed Cradles Grain set up Cradles Grain K D in bundles or boxed Crushers Corn or Cob Cultivators K D Cultivators set up Cutters Ensilage Straw and Hay set up Cutters Ensilage Straw and Hay K D and packed Distributors Guano set up Distributors Guano K D Drills Grain set up Drills Grain K D packed Dusters Bran set up Dusters Bran K D packed Elevators Hay Evaporators Fruit Evaporators Sugar iron set up CR OR CR I OR Same with legs or rockers detached Fans Grain See Mills Fan 2 4 6 ning Feeders and Condensers Cotton Gin 2 3 Forks Hay and Manure 3 Furnaces Evaporator 1 2 Gins Cotton 2 3 Guano Horns tin N O S D 1 3 Guano Horns tin crated 3 l 1 Harrows Harrow Frames 3 4 3T1 D 1 Harrow Teeth packed 6 Hay Caps 3 1 2 Hoes in bundles 3 3 4 Hoes without handles in 4 barrels or casks 4 3T1 D 1 Horse Powers K D Horse Powers Railroad or 2 3 li i Endless Chain U Incubators L C L K D and packed or crated 1 3 Same min C L weight l 2 1 15000 lbs 3 Hullers Cotton Seed and 2 Clover l 3 4 Kettles pans and pots cast 3T1 D 1 iron over 27 inches in diameter L C L 4 2 Same C L min wt 20 1 000 lbs 6 Jl N O S straight C L min wt 20000 lbs 6 1 N O S taking 6th class 473 CR OR CR j Oil when in straight C I Presses Cotton K D 4 5 mixed carload min wt Presses Hay set up 1 20000 lbs 6 Same small and detach Knives Hay packed 2 able parts removed and Machines Hemp 1 2 packed 4 Machines Smut 3 Iron castings for hay Machines N 0 S See Ma presses boxed of6 chines Presses N O S 2 Machines Mowing and Pruners Tree in bundles 1 Reaping Binders and Rakes Hand in bundles 3 Harvesters whether com Rakes Horse set up 1J 1 bined or separate K D Same K D and well L C L 2 4 packed 3 and partly boxed C L Rollers Field and Road 3 5 20000 pounds 4 6 Rollers Sugar 3 5 Machines Mowing and Scrappers Road and Pond 3 4 Reaping Binders and Scythes in bundles 2 Harvesters whether com Scythes in boxes 2 bined or separated set up 1J 1 Snaths Scythe l 2 Purifiers Middlings 3T1 D 1 Separators Same as Mills Burr stone Portable 3 Threshers Mills Cider 4 Shelters Corn 1 2 Mills Corn and Hominy 3 4 Shovels and Spades in Mills Cotton Seed 2 bundles 3 Mills Cane and Sorghum 5 Spreaders Manure set up li 1 MillsFanning set up 3T 1 1 Spreaders Manure K D Mills Fanning K D 1 1 boxed 2 Mills with Trains Sugar 3T1 D 1 Threshers l Mills N O S 2 Trains Sugar 3T1 D 1 Mowers Lawn hand pow Wheelbarrows Iron 3 er not packed 1 Wheelbarrows Railroad li 1 Same K D packed han Wheelbarrows Wood set dies in bundles 2 up 1 Pans Sugar Same as Wheelbarrows Wood K D Evaporators Sugar and packed or bundled 3 Planters Corn and Cot A ton K D in bundles or Accoutrements Military 1 boxes 2 3 Acids N O S D 1 Planters Com and Cotton Acids Carbolic 4 set up 11 1 Acids Dry 3 Plow Handles and other Acids Muriate and Sulphu Wood in shape for Im ric in carboys boxed L plements boxed crated C L D1 2 or bundled 4 5 Acids Muriatic and Sulphu Plow Singletrees and Dou ric in carboys boxed bletrees 5 C L 2 4 Plow Irons and Mold Acid Sulphuric in iron Boards over 20 pounds casks 3 6 each 4 Acid Sulphuric in tank Plow Plates Points Wings cars 6 Castings and Steel Same Agate Granite or Enam as Bar Iron eled Ware iron or steel Plows Gang and Sulky 3T 1 D 1 L C L 2 Plows set up N O S 1 2 Same C L 4 Plows N O S K D 4 Same in mixed carloads Presses Cider 4 with tinware same as Presses Cotton set up 1 Tinware V 474 Alcohol Same as Liquor Ale See Beer Ale Empties See Note under Waters aerated Almanacs and Trade Circulars Same as Printed Matter Alum in barrels or casks Alum N O S Ammonia Sulphate of same as Fertilizers Ammonia Waters Ammonia Water Casks returned empty Ammunition N O S Anchors Guy Same N O S Andirons packed Same unpacked Antimony Crude Antimony Metal Anvils Apples green See Fruit Apples dried See Fruit dried Apple Butter See Butter Argols in boxes bbls or casks Arsenic crude in kegs boxes or barrels Asbestos in boxes kegs bags or bales L C L Asbestos in barrels or casks L C L Asbestos in bbls or casks C L Asbestos Cement L C L Asbestos Cement C L Asbestos Ore L C L Asbestos Ore C L Asbestos Packing in rolls or cases L C L Asbestos Packing C L Asbestos Roofing in rolls or cases L C L Asbestos Roofing C L Ashes and Meal Cotton Seed See Cotton Seed Ashes Wood Asphaltum packed L C L Aisphaltum C L Automobiles See Vehicles Axes Axles iand Wheels Car See Iron Bar Band etc Axles Carriage and Wag CR OR on See Iron Bar Band etc Axle Grease See Grease Babbitt Metal Bacon iSee Meats Baggage Army 6 Baggage Personal Effects 4 in Trunks 5 6 1 4 5 4 5 3 4 5 4 3 Bagging in rolls or bales N O S Bagging Oil Pres Bags Burlap Bags Cotton Bags Gunny Bags Paper Bags Traveling Baking Powders See Powder Bale Rope Balusters See Woodwork Bananas See Oranges etc under Fruit Band and Hat Boxes See Boxes Barilla Bark Ground in bags or bbls N O S Bark Tan in sacks Bark Tan C L 20000 lb class P less 20 per 2 6 L 4 L 4 L 3 6 cent Barley See Grain Barley Pearl Barrel and Box Material C L 24000 lb Barrel and Box Material L C L Barrels tight half Barrels and Kegs empty except Ale and Beer empties and loose barrels L C L Class R plus 20 per cent 4 L B 6 A 5 Same in carloads of 10000 pounds Barrels half Barrels and Kegs empty Ale and Beer estimated weights barrel 100 lbs half barrel 50 lbs keg 30 lbs Barrels loose such as Lime Sugar Cement or Flour estimated weight 25 lbs Barrels Iron or Steel empty OR U 4 1 1 B 6 6 6 6 1 5 3 5 5 3 P 6 P E 6 6 475 CR I OR Barrels Paper nested packed 2 Barrels Paper not nested 4T1 Barytes L C L 6 Barytes C L25000 lbs P Base Ball and Bats 1 Basket Cotton Pickers Split Nested 3 Baskets N O S Baskets Fruit See Boxes Fruit Baskets Wood Splint with tops or bandies nested or in bundles of iour with ends placed in each other L C L 1 Baskets nested 1 Baskets Cotton Patent combination of cloth and wood knocked down and packed together 6 Baskets Crate See Iron Bath Boilers See Boilers Bath Tubs See Tubs Batting Cotton in lots of 100 hales of 50 lbs each 6 Batting N O S See Cotton Bauxite Ore Same as Clay Beams See Spools Beans dried in boxes 2 Same in barrels or sacks D Bearings Brass See Brass Bed Cord See Rope Bed Springs See Springs Bedsteads See Furniture Bedsteads Brass See Brass Beef Canned packed See Canned Goods Beef See meats Beer Empties returned See Note under Waters aerated Beer and Ale in wood estimated weight bbls 350 lbs I bbl 180 lbs quarter bbl 100 lbs 8th bbl 50 lbs L C L 2 4 Beer and Ale in wood es timated weights as above C L 4 E Beer Ale and Minerals bbls half bbls or kegs empty See Barrels Beer Ale and Porter in glass packed L C L CR f OR securely wired and sealed or locked 2 Beer Ale and Porter in glass packed C L securely wired and sealed or locked 4 Beer Ale and 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 HI Bee Smokers boxed 1 Beeswax 4 Beets in barrels 3 Btellow1 1 Bells BellMetal or Brass 1 Bells and Fixtures viz Sheet or cast Iron loose or packed L C L 3 Same C L 6 Belting Leather 2 Belting Rubber 3 Belting Stitched Canvas 4 Berries Dried 4 Berries Green prepaid 1 Bicycles See Vehicles Billiard Tables Bee Furniture Binders Reapers etc See Agricultural Implements Binders Boards in Cases 2 Binders Boards in Bundles 5 Bird Gravel or Sand Same as Food Animal or Poultry Bits and Braces same as Tools N O S Bitters Same as liquors Blacking Shoe and Stove See Polish Black Dead See Lead Blankets 1 Bleaching Salts Same as Lime Chloride of Blinds Doors and Frames See Sash etc Blocks Pulley See Pulley Blocks under Machinery Blocks Shuttle rough 3 Blooms and Billets See Iron 476 CR OR CR Blow Pipe Material See Iron Blueing 1 Blue Stone See Vitriol Blue Boards Binders See Binders Boards Boats Common wooden L C L Boats Common wooden wlien flat cars are required C L Boats Racing Boats Row when loaded in box cars L C L 4 T 1 Boats Row when flat car iis required min wt 10000 lbs Boats Row when two flat cars are required min wt 10000 lbs to each cars Boats Row C L min weight 20000 pounds Boats Steam Yachts min weight 10000 pounds 2 Bobbins Spools Shuttles and Skewers in boxes L C L 5 Same C L 6 Boilers Bath and Range 1 Boilers See Machinery Bolts See Iron Boneblack 3 Bones and Bone Dust See Fertilizers Bonnets Same as Dry Goods Book Cases Iron 11 Books 1 Boots and Shoes L C L 1 Same C L 2 Borax packed 4 Bottle Covers See Covers Bottles empty packed 1 Bows and Shafts See Vehicle Material Box and Barrel Stuff See Barrel and Box Material Boxes Hat and Band packed D 1 Boxes Fruit and Baskets C L not less than 20000 lbs to be charged for R Baskets fruit berry and vegetable nested and packed solid either in D 1 5 4 T 1 2 2 3 1 5 cases or securely fastened L C L 2 Boxes Fruit L C L 1 Boxes Cigar empty packed D1 Boxes Cracker empty returned 5 Boxes empty including Egg crates L C L 1 Boxes empty including Egg Crates C L 15000 lbs to be charged for A Boxes empty N O S 1 Boxes Journal See Iron Boxes Paper empty packed C L min wt 10000 pound 3 Boxes Match wooden 2 Boxes Paper in nests of two packed 11 Boxes Paper in nests of more than two packed 1 Boxes Paper not nested 3 T1 Boxes Paper Folding K D and shipped flat in bales bundle or crates Same as Bag Paper Boxes Piano empty returned K D 6 Boxes Post Office Letter 2 Boxes Tobacco empty 1 Boxes Vehicles See Vehicle Material Box Straps Iron See Iron Brackets Insulator See Telegraph Brackets Wood N O S finished and boxed 3 Brackets Wood in white made of pine or other wood 3 Brackets Iron Shelf packed 3 Brandy See Liquors Bran L C L Bran C L 25000 lbs Brass N O S in boxes barrels or casks 1 Brass Bearings and Castings packed 2 Brass Flues 2 Brass Scrap loose 2 Brass Scrap packed 5 Brass Valves boxed 3 Brass Vessels in boxes barrels or casks 2 Bread 3 OR D1 4 6 3 dt 477 CR I OR CR OR Breeching Metal Same as Wainscoting mixed L Saddlery C L 4 Brick Common and Fire Same C L 6 See Rule 12 C L 40000 Bungs 3 pounds P Burial Cases See Coffins Brick Common and Fire Burial Vaults Cement L L C L G C L 4 Brick Bath 6 Same C L 15000 lbs 6 Brick Salt Plain in boxes Burlaps 6 T C T c Burning Fluid ii Same C 1 6 Burr Blocks finished 4 Brick Salt Medicated in Burr Blocks rough 5 boxes L C L 4 Butter Butterine and Oleo Same C L 6 margarine in cans 1 Brick Machines See Ma Butter Butterine and Oleo chinery margarine in kegs fir Brimstone Same as Sul kins buckets pails phur boxes and tubs 5 Bristles 1 Butter Apple and other Britannia Ware 1 Fruits in wood 4 Brooders See Agricultural Butter Trays paper nest Implements ed same as bags paper Broom Corn pressed in C Bales L C L B Cabbages packed 3 Broom Corn pressed in Cabbages loose C L 3 Bales min C L 14000 Cabinet Ware See Furni pounds D ture Broom Corn and Broom Cages Bird boxed 3 T 1 Handles C L mixed Cages Bird K D nested 14000 lbs charged for D and packed D 1 Brooms any quantity 4 5 Cake Nitre See Nitre Brushes 1 Cake Oil See Cotton Buckets N 0 S Same Seed as Wooden Ware Cake Salt See Salt Buckets Coal 1 Calcicake 5 Buckets Well 4 Calks Toe in kegs 5 Bucks Saw See Saw Calicoes Same as Domes bucks tics Buckles Turn packed L Camphene li C L 3 Camphor 1 Same C L 5 Candles boxed 4 Buckwheat Flour 6 Candy See Confectionery Buggies See Vehicles Cane Seed See Seed Building Material con v Cane Sugar See Sugar sisting of baseboards Cane ceiling casing and Canned Beef packed 4 moulding without oraa Canned Goods N O S 4 mentation same as lum Canned Vegetables See ber Fruit Building Material Wooden Cannon 1 consisting of rough or Cans empty N O S 3 T 1 dressed Lumber Laths Cans galvanized iron for Shingles Window and manufacture of ice L Hr Frames Sash C L 1 Hoors and Blinds Mould Same C L min wt 15 mgs Rallusters Base 000 pounds 4 boards Casings Newel Cans Glass See Glass Posts Stair work and Cans Paper crated ii 478 CR I OR Cans tin empty N O S racked or boxed or in jackets L C L 1 2 Cans tin empty to be used for paints and oils minimum weight 20000 pounds 4 Cans Fruit and Syrup tin in bulk C L min weight 15000 pounds 5 Same entirely boxed or crated C L min 15000 pounds 5 Same L C L 3 Cans Tobacco empty 1 Caps and Hats 1 Caps Percussion 1 Caps Hay See Agricultural Implements Capstans 3 Carbons Electric Light packed L C L 2 3 Carbons Electric Light packed C L 3 Carboys See Glass Card Clothing See Clothing Cards Cotton and Woolen Hand packed 1 Cards Cotton and Woolen 1 Cards Flaying 1 Cards Show boxed See Signs Carpeting well covered 1 Carpets Hemp and Rag 2 Carpet Lining See Lining Carriages See Vehicles Car mileage freight of a cent per mile Car mileage passenger 3 cents per mile Carrara Same as white Lead Oars and Locomotives viz Cars Logging K D or set up C L 24000 pounds charged for Cars Logging smaller parts boxed Cars Logging set up L O L Street or Tramway operrated either by steam cable horse or electric power single HI Street or Tramway operated either by steam cable horse or electric CR power C L two or more on a car minimum weight 20000 lbs 5 Cars Hand Le v e r or Crank for railway use viz S IL L C L 1 S U C L minimum weight 20000 lbs 5 K D L C L 2 K D released C L Cars knocked down i e cars from which trucks or other detachable parts have been removed and loaded on same car with bodies to be loaded and unloaded by owners and at owners risk Cars and Locomotives standard gauge on their own wheels viz A minimum charge of two dollars per car is allowed when shipped on their own wheels Parlor and sleeping cars 25c per mile Coaches baggage mail and expr cars 20c per mile Box cab stock or tank cars 10c per mile Coal gondola or dump cars 7c per mile Flat Cars upon their own wheels 6c per mile Flat cars When one or more flat cars are loaded on a flat car the rate will be 3 cents per mile for those loaded on the flat and 4 cents per mile for the car on wheels carrying the others Locomotives and tenders 6 including tram engs moved by their own 5 power owner to furnish fuel and crew owner 4 also to to furnish pilot where rate amounts to 10 or less carrier to furnish pilot where chge exceeds 10 20c per mile Not subject to Rule 27 I Subject to a minimum 479 CR OR j CR OR charge of 200 for each road handling maximum charge for entire movement of 6000 Locomotives and tenders including tram engs dead connecting rods and small parts liable to be damaged to be taken off and boxed 25c per mile Not subject to Rule 27 Subject to a minimum charge of 200 for each road handling maximum charge for entire movement of 6000 Locomotives and tenders including tram engs loaded wholly on flat cars owner to load and unload otherwise subject to Rule 14 30c per mile Not subject to Rule 27 Subject to a minimum charge of 000 maximum charge allowed 6000 Cartridges metallic or paper not high explosives boxed L C L 1 Same C L 5 Carts Hand See Vehicles Cases and Crates Egg See Boxes Cases CocaCola and Soda Water empty L C L 3 Cases Show See Show Cases Cash Registers See Reg isters Casing Window See Woodwork Casks Iron See Drums under Iron Cassia 3 Castings Iron See Iron Castings Plaster D1 Castor Pomace Same as Fertilizers Catsup in wood 4 Catsup in glass boxed 2 Cattle See Live Stock Caustic Soda See Soda Cement in sacks or barrels L C L B Same C L L Cement Building Blocks See Building Stone under Stone Cement Glue packed 2 Cement Asbestos See Asbestos Cement Roofing See Roofing Cereals See Food Prep arations Chain Cotton Woolen and Hempen 2 Chains loose or packed L C L 5 Same C L 6 Chain Belting See Machinery Chairs See Furniture Chalk 5 Chalk Crayons See Crayons Chalks Prepared 1 Charcoal in bbls or casks L C L 5 Charcoal in barrels or casks C L not less than 24000 lbs to be charged for O Checks See Domestics Cheese 4 Chert C L 30000 lbs Class P less 20 per cent Chestnuts prepaid 3 5 Chests Commissary 1 Chests Ice See Refrigerators Chicory 4 Chimogene Same as Oil Coal Chinaware 1 Chloride of Lime See Lime Chocolate 1 Chromos Same as Paintings Chufas C L See Nuts Chums 3 Cider in barrels or kegs B Cider in glass packed 2 Cider Mills and Presses See Agricultural Implements Cigar Lighters 1 Cigars boxed and strapped corded and sealed 1 Cigars not packed as above not taken Cigar Boxes See Boxes Citron 2 Kk 480 CR Clay in boxes barrels or casks L C L B Clay C L See Rule 12 25000 pounds P CJlay Burnishing packed 5 Clay Fire L C L B Clay Fire C L See Rule 12 25000 pounds P Olay German 5 Cleaners Cotton Seed See Agricultural Implements Clocks boxed 1 Clock Weights See Weights Clothes Lines See Rope Clothes Pins 2 Clothing 1 Clothing Card 1 Clothing Rubber and Rubber Goods N O S 1 Clover Seed See Seed Coal and Coke L C L in boxes barrels or bags L Coal and Coke C L L Coal RatesAll percentages now allowed Railroad Companies in this State on Coal and Coke in carload auantities 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 oyer fifbT miles Class L less 5 ner cent Over one hundred miles Class h less 10 per cent The Western and Atlantic and the 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 less 10 per cent For distances over fifty miles Class L less 15 per cent Coal Oil See Oil Coal Tar See Tar Cocoa 1 Cocoa Matting See Matting Oocoanuts See Nuts CocaCola Aerated See Waters Aerated CocaCola Syrup in barrels or kegs same as juices fruit etc OR Codfish See Fish Coffee Extract or Essence of Coffee Green single sacks Coffee Green double sacks Coffee Ground or Roasted in single sacks Coffee Ground or Roasted in double sacks boxes or barrels Coffee Roasted in boxes or barrels Coffee Substitutes Cereal Same as Food Preparations cereal Coffee Mills See Mills Coffins plain or stained not painted nor varnished wrapped Coffins N O S boxed or crated Coffins K D Coffins Metallic Coke See Coal Collars Horse See Saddlery Collars Paper packed Same as Dry Goods Cologne See Perfumery Columns Wooden solid Same as Lumber Columns Fluted and Ornamental Same as Wood work Combs Curry See Curry combs CR 2 4 6 3 5 5 1 2 3 2 Commissary Chests and Stores 1 1 Compounds See Soap Powders Compounds Polishing Conductors or Down Spouts or Leaders galvanized iron or tin See Gutters and Guttering Conduits viz Brick L C L Same C L Electrical Insulating Tarred Felt Paper In durated Fibre or Porcelain in bundles crates or boxes L C L Same C L min wt 20000 lbs Flexible Iron for electric wires L C L Same C L 3 6 of 6 2 4 4 6 OR 481 CR OR Underground for electric wires earthen cement concrete terra cotta or clay L C L 6 Same C L of 6 Wooden creosoted L C L 4 Sam e X L 6 Confectionery Candy value limited to 6 cents per lb and so specified on Bill of Lading 4 Confectionery Candy value limited to 20 cts per lb and so specified on Bill of Lading 3 Confectionery N O S 1 Cooking oil See Lard Coolers and Filters Water boxed 1 Copal See Gum Copperas in barrels or casks 5 Copperas N O S 4 Copper in boxes barrels or casks 3 Copper Scrap packed 5 Copper Scrap loose 4 Copper Vessels in boxes barrels or casks 2 Copper Bottoms Copper Plates Sheets Bolts Wire and Rods 3 Copper Flues 2 Copper Ingots Pigs and Matts 4 Copper Ore C L 25000 lb p Copper Ore L C L 6 Copper Stills worm crated i Copying Presses see Presses Cordage 3 Cork i Corn Starch See Starch Corn See Grain Com Seed See Seed Corn in ear See Grain Comices and ornamental work for buildings made of sheet or stamped metal plain galvanized or painted viz Boxed or crated S TJ L C L D1 Same nested L C L 1 Loose L O L3 T 1 5 4 Boxed crated or loose C L min wt 10000 lbs Cornice Mouldings galvanized iron not cornices nested and crated any quantity Cornices Wooden for windows doors or inside finish See Woodwork Cornices Wooden for outside finish Same as Mouldings for building purposes Corsets Corundum L C L in sacks barrels or casks value limited to 4 cents per pound Corundum C L in sacks barrels or casks value limited to 4 cents per lb Cotton Rates for Compression 6 Band Cotton 7 cts per 100 lbs 8 Band Cotton 8 Cents per 100 libs Cotton in bales Cotton Samples Cotton Burnt shipments of burnt cotton are accepted at original wt and cotton rates applied 500 lbs to be the average weight per bale when original weight can not be obtained Cotton Dyed in bales Cotton Unginned packed in bags less than 2000 lbs L C L Cotton Unginned packed in bags 2000 lbs and over L C L Cotton Unginned packed in bags C L minimum weight 20000 lbs Cotton Batting See Batting Cotton Batting N O S COtton Factory Products See Domestics Cotton Oil Mill Rolls See Oil Mill Rolls Cotton Seed valuable for planting L C L Same C L Cotton Seed common any CR I 2 5 1 3 6 J 1 4 2 5 6 5 6 G OR 482 CR I 0R J C R quantity G Note L C L Shipments of Cotton Seed to be sacked Otherwise 20000 pounds to be charged for Cotton Seed Hulls C L 25000 lbs Same without percentage L C L G Cotton Seed Meal Ashes and Oil Cake same as Fertilizers Cotton Seed Mills See Agricultural Implements Cotton Seed Oil See Oil Cotton Stalks pressed in bales Same as Fodder and Straw Cotton Wiaste Same as Paper Stock Covers and Safes boxed 3 T1 Covers Bottle Paper Straw or Wooden packed or pressed in bales 3 Covers Wooden 1 Cracklings 4 Crackers 5 Cradles Crain See Agricultural Implements Cranberries 3 Crates and Cases Egg see Boxes Crates for peaches and apples include wooden or splint inside carriers without tops or handles nested Crates for peaches and ap ples L C L set up 1 Crates for peaches and apples C L set up 20000 lbs min it erates for peaches and apples L C Li K D B Crates for peaches and apples K D C L 24000 lbs min P Crayons Chalk 4 Creameries packed or wrapped 2 Cream Tartar in boxes or kegs 2 Clream Tartarin barrels or hogsheads 3 Crockery Sam as Earthenware Croquet Sets in boxes 2 Cross Arms Telegraph and Telephone see T e 1 e graph Crossties hewed or sawed of dimensions from 6x8 inches by 7 ft to 7x9 inches by 9 ft 6 inches C L 32000 lbs subject to Rule 12 P Crow Bars See Iron Crucibles Crushers Corn and Cob See Agricultural Implements Crystals Washing 5 Cultivators See Agricultural Implements Curbing Well 2 Currants See Fruit Currycombs same a Hardware N O S Cutch 4 Cutlery 1 Cylinders iron See Drums under iron Cylinders Sheet Metal See Iron D Dates See Fruit Deer boxed 3 T1 Deer Skins pressed in bales 2 Deer Tongue See Tongue Demijohns See Glass Denims see Domestics Desiccated Meats and Veg etables 4 Detergent 4 Disinfectants Same as In4 secticides Distributors See Agricultural Implements Dog Irons see Andirons Dolomite for Furnaces Same as Limestone Domestics Denims Sheetings Shirtings Tickings Cotton Jeans Duck Checks Calicoes Prints Cotton Rope Thread 3 Yarns and other factory products withoutpercentage Doors iron See Iron Doors and Frames See Sash etc Drawers and Shirts Unlaundered entirely of Cotton see Garments I Cotton 483 CR OR CR OR Drills Grain See Agricul ibbls or casks L C L D1 1 tural Implements Same C L min wt 16 Dross Rosin Same as 000 lbs 2 3 Rosin Dynamos same as Ma Drugs and Medicines N chinery N O S 0 S 1 Meters hoy eri 1 Drums See Musical In Same N O S D1 struments Hoods Electric Light Drums iron See Iron iron nested in pack Dry Goods N 0 S 1 ages 2 Dry Goods in boxes or Transformers weighing bales 1 each 150 lbs or less 1 Dry Goods in trunks Same weighing over 150 crated or strapped 1 2 lbs each 3 Dry Goods in trunks cord Electrical Instruments ed or wrapped 1 Fittings and Fixtures Dry Goods in trunks not N O S boxed 1 corded or wrapped D1 Elevators 1 Dust Collectors S U not Elevators Hay See Agri crated or boxed 3 T 1 cultural Implements Same crated or boxed D 1 Emery value 4 cts per lb 3 Same K D crated or box Emery N O S 2 ed 1 Empties dairy returned Dusters Bran See Agri by the line over which cultural Implements shipment has been made Dye Liquid or Wood Li not over 100 pounds 5 quor in barrels 3 cents each for any dis Dye Stuffs viz tance Dry in boxes 1 Enameled Ware See Agate Dry N O S in kegs Engines See Machinery bbls or iron drums 2 Equipage Slpe Accoutre Liquid N O S in bbls 5 meats Dye Wloods in boxes or Essences See Extract bbls 2 Evaporators Fruit See Dye Woods in stick 4 Agricultural Implements E Evaporators Sugar See Earthenware not China Agricultural Implements ware Crockery Jug Excelsior made from Geor ware or Stoneware viz gi pine pressed in In boxes 2 bales L C L 5 In slatted boxes crates Excelsior made from Geor bbls tierces casks or gi pine C L min wt hhds L C L 4 10000 lbs D Loose L C L 2 Exhibitors boxed or crated 3 T 1 D 1 Packed or loose C L 6 Exhibitors woven or crated D1 1 Jugware Common C L 0 Explosives Same as Pow Eggs packed i 2 der Electric Light Carbons See Extinguishers Fire hand Carbons glass or grenade packed 1 1 Electric Appliances viz Extinguishers Fire on Batteries N 0 S L C L 1 wheels Same as En Same C L 20000 lbs 3 gines Fire Battery Cups and Jars Extract Bark for tanning earthenware in pack in wood 5 ages L C L 2 Extract Bark for tanning Same C L 5 in glass packed 2 Arc Light Globes and Extract of Indigo See In Bulbs in crates boxes digo J 484 CR I OR II CR I OR Extract of Logwood See Logwood Extract of Malt in glass packed Same as Ale Extract and Essences N O S 1 F Facing Iron and Coal in bbls or sacks L C L 6 Facing Iron and Coal in bbls or sacks C L A Factory sweepings and cotton waste See Paper Stocks Fans in boxes D1 Fans Fly boxed 3 Fans Palm Leaf pressed 1 Fanning Mills See Agricultural Implements Mills Fanning Farina 2 Fasteners Box See Iron Faucets boxed 2 Feathers D1 Feeders Cotton Gin See Agricultural Implements Felloes See Vehicle Mar terial Felt Roofing See Roofing Felting Boiler 2 Fence Wire and Wood combination 5 Fencing Wire other than Woven 5 Fencing woven wire 16 gauge and over O R of wet and rust of 6 Fenders Iron See Iron Fertilizers C L 30000 lbs Class M less 10 per cent without percentage Fertilizers L C L Class K less 10 per cent without percentage Shipments of fertiliser not subject to Rule 27 Fibre Palmetto and Pine pressed in bales 6 Figs in drums 1 Figs in casks or boxes 2 Figures not Iron packed See Images Files and Rasps packed 2 Filters See Coolers Finding Shoe 1 Firearms 1 Firecrackers and Fire works packed so mark ed 1 Fire Extinguishers See Extinguishers Fireplaces portable including the necessary pipe 2 Fish N O S in cans boxed 4 Fish Pickled or Salted in bbls half barrels kegs or kits 6 Fish Dry Salted etc packed 5 Fish Dry Salted in bundles 2 Fish Fresh See Meat Fish Smoked in boxes 2 Fishing Rods D 1 Fishing Tackle boxed 1 Fittings Iron Pipe See Iron Fixtures Bank Store etc See Furniture Fixtures Gas packed 2 Fixtures Grate packed 2 Fixtures Grate loose 11 Fixtures Tobacco See Machinery Flax pressed in bales 3 Flax Seed See Seed Flam in barrels estimated wt 200 pounds F Flour in sacks other than paper 10 lbs per sack and over C Same less than 10 lbs per sac k 3 Flour in paper not packed not taken 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 0 Flour Selfraising in packages Flour Bice Flues Copper See Copper Flues Iron See Iron Flues Brass See Brass FluorSpar L C L 6 FluorSpar C L M Fly Fans See Fans Fodder See Hay Foil Tin in boxes 2 Food Animal or Poultry viz Dry Animal and Poultry oo 485 CR I OR CR I OR Powders Condiments or Tonics in sacks boxes pails with wooden or metal covers drums or barrels L C L 4 Same G L Animal and Poultry Feed N O S bulk in sacks D Food Preparations Cereal viz R Grits Corn in boxes b Grits Corn other than in boxes same as Meal Com Hominy same as Grits Same in barrels halfbarrels kegs drums or boxes or in paper packages Food Preparation N O S in sacks Food Prepared N O S l Food Preseivatives pack Foots Cottonseed oil See Soap Stock Forges Portable Forks Hay and Manure See Agricultural Implements Fountains Soda fully boxed 3T1 Fountains Soda not taken unless fully boxed Fowls dressed B Fowls live in coops C L 1 Fowls live in coops L C 1 Frames Bed wrapped or crated f Frames Door and Window See Sash etc Frames Picture Mirror or Looking Glass loose or in bundles Same wrapped Same crated or boxed Frames Mounted with Mirrors or Looking Glasses when shipped separately from other Furniture Frames quilting See Quilting Attachments Freezers Ice Cream Fruit and Vegetables in cans without percentage L C L Same C L without per 3 T1 n 1 3 T 1 2 5 1 N 2 3 D 1 2 D 1 centage Fruit in Glass packed Fruit Berries dried Fruit Berries green prepaid Fruit Boxes and Baskets See Boxes Fruit Dates Fruit Dried Currants Fruit Dried N O S Fruit Dried Apples and Peaches L C L Fruit Dried Apples and Peaches C L Fruit Green N O S prepaid or guaranteed Fruit Apples Peaches Pears not dried and other green fruit in barrels or boxes L C L Fruit Apples Peaches Pears not dried and other green fruit in barrels or boxes C L Fruit Juices See Juices Fruit Oranges Lemons Bananas and Pineapples L C L Fruit Oranges Lemons Bananas and Pineapples C L Fullers Barth Same as Clay Furnaces Evaporator See Agricultural Implements Furs See Hides Fuse Furniture C L viz Bed Slats in bundles crates or loose min wt 24000 pounds Chairs Wooden with Cane Splint Rattan Reed Bamboo or Wooden Seats not upholstered min wt 8000 lbs Chairs N O S min wt 8000 lbs Chairs and other Furniture Stuff or Stock Wooden N O S K D in the rough or in the white and CJhairs K D in the white min wt 24000 lbs Chair Seats in bundles or packed C L 20000 lbs Fixtures of either hard or soft woods not including 6 1 4 2 2 3 4 6 4 6 D 1 5 3 2 4 3 3 1 3 6 C 3 B O 6 4 3 5 4 486 CR showcases for fitting Banks Barbershops Offices Saloons Stores etc with or without mirrors glass to be properly boxed min wt 12000 lbs 2 Mattresses Wovenwire or Spring Beds C L min wt 12000 lbs 4 Mattresses Straw Cotton Shuck Hay and Excelsior min 12000 lbs 4 Poles Curtain rough or in the white min wt 24000 lbs 4 Vault or Office Iron or Steel consisting of Filing Cabinets or Cases Shelving Counters Roller Book Shelves and Tables crated or boxed min wt 24000 lbs 3 Iron Bedsteads min wt 12000 lbs 4 N O S all kinds finished or in the white straight C L min wt 12000 lbs 2 N O S all kinds finished or in the white taking 3d class O R or lower when in straight C L mixed C L min wt 12 000 pounds 2 Furniture L C L viz Beds Spring or Woven Wire See Mattresses Wire Bedsteads Folding boxed or crated See note 1 Note Same rate applies to folding beds in combination with wardrobes desks etc Bedsteads Iron or Brass K D 2 Bed Slats Wooden in bundles or crates 3 Bed Slats Metal in bundles or crates 1 Bookcases wrapped or crated S TL including Sectional or Elastic Bookcases in set up sections D1 Same K D 11 Bookcases and Desks combination wrapped or crated 11 Buffets See Sideboards Bureaus of Hardwood wrapped or crated 1 OR j 3 5 4 3 3 2 3 4 2 u 1 1 2 Same of common wood Cabinets Wooden Revolving for displaying hardware wrapped or crated Cabinets Kitchen See Safes Castors Roller packed Chairs Bamboo Rattan Reed or Willow wrapped or crated Chairs Barber Dental Folding Reclining or Surgical S U wrapped or packed Same K D or folded wrapped or packed Chairs Camp or Folding Seat Chairs Auditorium Opera Church etc packed K D Chairs Porch or Lawn iron or iron and wood combined S U Same K D Chair and Stepladder combination Chairs Rocking Hardwood or Metal Frames with Cane Splint Rattan Reed Willow Bamboo Leather or Wooden Seats not upholstered set up unwrapped or wrapped with paper L C L Same without rockers Same without rockers tied in pairs seat to seat Same without rockers of common wood completely K D wrapped or not wrapped packed in bundles Chair Stock Same as Chairs K D packed Chairs N O S S U Chairs N O S completely K D Chair Seat Material viz Cane Rattan Reed Willow Bamboo or Leather packed or in bales Chair Seat MaterialFiber Leather Board or Veneer Chair Seats in bundles or packed Chair Splints Wooden packed or in bundles or CR I OR 2 3 U 1 1 2 D 1 D 1 U 1 u i ii i 1 2 2 3 D1 11 1 2 2 3 D1 U 11 1 11 1 1 2 1 2 487 CR I OR bales Chiffoniers Same as Bureaus China Closets wrapped or crated Church Furniture N O S wrapped or crated S TJ Same K D Cots Woven Wire S TJ Same K D or folded Cots N O S of hard wood S U Same of common wood Cots N O S of hard wood K D Same as soft wood Couches metal folding K D or folded Cradles or cribs wrapped or crated S U Same K D or folded Cushions Furniture in bales or cases Desks and Seats School S U Desks and Seats School K D Desks N O S wrapped or crated Dressing Cases or Dressers Same as Bureaus Easels Filing Cabinets Cases or Boxes crated or boxed Fixtures not including show cases for fitting banks barber shops offices saloons stores etc with or without mirrors glass to be properlyboxed wrapped or crated Footstools See Hassocks Frames Lounge or Sofa S TJ Same backs taken off Hall Stands See Hat Racks Hassocks or Footstools Hat Racks folding packed Hat Racks or Hall Stands N O S wrapped or crated S U Same K D or with tops detached and secured inside of package crated or boxed Lounges with backs wrap CR OR ped or crated S U D1 U Same with backs taken off Lounges without backs 11 1 wrapped or crated S U Marble for Furniture See Stone Mattresses viz 2 1 Hair Wool or Feather Spiral Spring not com D 1 H pressed Spiral Spring in packages containing two or more compressed not to exceed three inches per mattress in thick D 1 ness Straw Cotton Shuck 1 2 and Excelsior Wire entirely taken 3 apart and K D boxed 1 2 Woven Wire 11 1 Spring N 0 S D 1 U N 0 S Poles Curtain wooden and Fixtures boxed or 1 2 crated Same without Fixtures 1 2 boxed or crated Poles Curtain N 0 S and Fixtures boxed or 2 3 crated Racks or Stands Display 11 1 S TJ Same K D wrapped or D 1 U packed Refrigerators and Ice Chests wrapped or H 1 packed Refrigerator Material thor 2 3 oughly K D Safes or Cabinets Meat or Kitchen tin wood or wood and tin combined 2 3 S TJ Same with legs detached D1 H packed 1 2 Same K D flat Settees Same as Chairs Sideboards or Buffets 2 3 wrapped or crated Sofas and Teteatetes 1 2 wrapped or crated Springs Bed See Springs D1 11 Spring Beds See Mattresses wire Stands or Racks Music pi 1 11 S U Same K D flat wrapped D 1 D 1 D 1 1 D 1 2 D 1 1 1 2 U 1 2 1 D 1 11 D 1 1 11 U U 2 11 3 H 2 2 3 D 1 2 1 2 3 2 11 1 H 2 488 or packed Stools Kano wrapped or packed Tables Bamboo Rattan Reed or Willow wrapped or packed Table Billiard and Billiard Table Beds boxed or crated Tables of hardwood N O S wrapped or crated S U Same of common wood Tables of hardwood K D flat or folded flat Same of common wood Table Legs Slides Leaves Tops and Supports wrapped or crated Vault or Office iron or steel consisting of filing cabinets or cases shelving counters roller book shelves and tables crated or boxed Wardrobes wrapped or crated S U Same K D flat Washstands of hardwood wrapped or crated Same of common wood N O S of hardwood S XL wrapped or packed Same of common wood N O S of hardwood K D wrapped or packed Same of common wood G Gambier Game See Poultry Garments Cotton such as jackets or jumpers pants overalls unlaundered shirts and drawers and knitting factory products shipped in original packages contents to be legibly marked on each package Gas in iron buoys requiring flat or gondola car minimum weight 5000 lbs each Gas for dental purposes or for calcium lights in cylinders r Gas Liquid Carbonic Acid in iron drums or tubes CR OR li 1 carriers Nfote option See li 1 3T 1 1 D1 li n i 2 2 3 2 3 Note Drums or tubes containing Carbonic Acid Gas must be plainly marked by proper label or otherwise NOTICEDANGER This package must not be exposed to the sun or stored in a warm place Gasoline See Oil Gauges Steam See Machinery Gelatine Generators Gas Ginger Ground in boxes Ginger in bags Gins Cotton See Agricultural Implements Ginseng Girders Iron See Iron Glass Carboys empty Glass Chimneys Glass Demijohns empty not packed Glass Demijohnsfilled not packed or boxed not taken Glass Demijohns filled boxed Glass Demijohns empty packedj Glass Floor Lights rough D1 li l 1 1 2 3 and heavy Glass Fruit Jars See Jars Glass Insulators See Insulators Glass Lanterns See Lanterns CR 5 1 3 2 3 1 D 1 2 4 T1 D1 5 4 5 1 1 Glass Oil Cans with metal jackets packed 1 Glass Plate 7ixl5 feet or under outside measurement D1 Glass Plate over 7Jxl5 feet outside measurement subject to min wt of 1500 lbs 3T1 Glass Roofing and Skylight not Window Glass 2 Glass Colored stained decorated enameled ground figured or etched L C L li Glass Colored stained decorated enameled ground figured or etched C L i 1 Glass Vault Lights rough and heavy 5 OR 3 4 3 T 1 3 It 2 D 1 3 1 2 489 CR I OR 11 CR Glassware fine cut or en tural Implements graved D 1 1 Gum Camphor See Cam Glassware N 0 S 2 3 phor Glass Window plain col Gum Copal Kowrle and ored enameled or Shellac 2 ground L C L 3 4 Gums N O S 2 Same C L 5 Gun Cotton D1 Glucose in half bhls bbls Gunny Bags See Bags or hhds R Gunpowder See Powder Glue 3 Guns Rifles 1 Glue Scrap 5 Gutters and Guttering gal Glycerine in cans boxed vanized iron or tin viz or in barrels 1 Not nested L C L 1 Glycerine in iron tanks or In nests of two or more casks 3 crated L C L 2 Glycerine Nitro plainly la Same CL 4 beled L G L 4 T 1 Gypsine in cases Same as Glycerine Nitro plainly la Paints dry in Cases ibeled C L 3 T 1 Gypsum Land Plaster Fer Graders Outfits See Out tilizer Same as Fertil fits izers Grain D Gums Chewing 1 Grain Corn in ear sacked H L C L D Hair in sacks 1 Grain Corn in ear C L Hair Cattle for plastering Subject to Rule 13 with pressed in bales 6 out percentage N Hair Curled pressed in Granite See Stone bales and Hair Rope 2 Granite Roofing See Roof Hair Goods manufactured ing packed in boxes D 1 Granite Ware See Agate Hames in bundles or pack Grapes in bundles boxes ed 3 or crated L C L B Hammers other than Grapes C L O Sledge same as ToolsN Graphite C L 25000 lbs O S Class P less 20 per cent Hammocks and Fixtures li Grass Seed See Seed Hams Same as Meatsalted GrateBars See Iron Hand Carts See Vehicles Grate Baskets See Iron Handles N O S boxed or Grates See Iron crated 5 Grave Stones See Stone Handles Broom boxed or Grease Axle 6 crated L C L B Grease Car in barrels 6 Handles Broom C L not Grease N O S in buckets less than 24000 pounds tubs kits or kegs L C to be charged for K L 6 Handles Broom and Broom Grease N O S in boxes Corn C L mixed See barrels or casks 6 Broom Corn Grenades packed n 1 Handles Hoe L C L 5 Grindstones 6 Same C L 24000 lbs K Grindstone Fixturespacked Handles Plow and other or in bundles 3 wood in shape for imple Grits Corn same as Meal ments See Agricultural Gom Implements Grits in ioxes 2 Handles Beams and other Groceries N O S 2 woods for manufacturing Guano See Fertilizers purposes rough or dress Guano Horns See Agricul ed but unfinished C L OR 490 CE I OR 24000 lbs Rules 12 and 13 to apply without percentage K Hangers Rails and Tracks door packed or in bundles 4 Hardware packed N O S 2 Hardwood See Wood Harness See Saddlery Harness Hardware Same as Hardware N O S Harrows and Harrow Teeth See Agricultural Implements Hasps see Hooks Hatchets same as Axes Hats and Caps Same as Dry Goods Hat Boxes See Boxes Haversacks Same as Accoutrements Hay Fodder and Straw pressed in bales C L or over min wt 20000 lbs to carload all excess to be charged for at proportionate rates I Hay Fodder and Straw pressed in balesL C L R Heading See barrel and Box Material Hay Caps See Agricultural Implements Hay Presses See Agricultural Implements Head Lights boxed B1 Hearses See Vehicles Heaters Steam See Machinery Heel Plates packed 4 Hemp in bales Herbs See Roots Hessians in original bales 6 Hides furs peltries and Skins viz Furs in bags 3 T1 Furs in boxes bundles or trunks strapped D1 Furs N O S See Skins N O S Hides dry loose 1 Hides dry tied in bundles or bales any quantity 4 Hides green 5 Hides green salted 6 Peltries See Skins N O S Skins Deer pressed in bales 2 Skins N O S furs and peltries value limited to 25 cents per lb in bags Same pressed in bales Same N O S 5 Skins Sheep dry in bales Same green in bundles Same salted in bundles Hinges and Butts packed L C L Same C L Hives Bee empty set up Hives Bee K D crated Hobby Horses See Toys Hoes see Agricultural ImI plements Hods Coal Hogs See Live Stock Hogsheads empty double barrel rate Hollow Ware loose LCL Hollow Ware loose shipp e d separately from Stoves C L not less than 15000 pounds to be charged for Hollow Ware packed Hominy See Food Preparations Honey in glass or tin boxed Honey in comb boxed Honey in barrels or kegs Honey Extractors crated Honey Section boxes and Frames in crates or boxes Hoofs and Horns Hooks Hasps and Staples N O S packed Hooks and rods MeatN O S packed or loose Hooks Backhand packed Hooks and Rods Meat N O S packed or loose Hoop Iron See Iron Hoop Poles Hoop Skirts Hoops Barrel Wooden Same as Barrel Material Hoops Truss Coopers Hops baled Hops in boxes Horse and Mule Shoes See Shoes Horse Powers See Agricultural Implements CR OR D 1 1 D 1 1 2 3 4 6 1 6 1 1 3 3 1 1 1 1 3 4 4 4 4 B D 1 1 2 1 491 Horses See Live Stock Hose Carriages See Vehicles Hose Leather Hose Reels Fire See Vehicles Hose Reels Garden See Reels Hoise Rubber Hosiery Same as Knitting Factory Products Hospital Stores Household Goods less than carload shipments of H H G must be prepaid or freight guaranteed Household Goods and old Furniture packed value over 5 per 100 pounds and full value expressed in bill of lading said valuation only to apply in cases of total loss Household Goods and old Furniture packed value limited to 5 per 100 ibs and so expressed in bill of lading said valuation only to apply in case of total loss L C L Household Goods and old Furniture well packed value not expressed in m bill of lading L C L Household Goods and old Furniture well packed C L 20000 pounds to 3 be charged for value n limited to 5 per 100 5 pounds said valuation g only to apply in case of total loss ft Household Goods and old g Furniture with Live t Stock one attendant to have passage free on same trains as car C L value limited to 55 5 per 100 pounds said a valuation only to apply 01 in case of total loss Explanations 1All Bundles of Bed0 ding Trunks of Clothing Household Goods or similar articles not Furniture will not be CR OR received for transportation unless packed chests of similar arti2 cles must be strapped or securely nailed This doe not apply to C L of Household Goods 2iBills of Lading and WayBills must desig 1 D1 nate character and number of packages 3These instructions apply to old and secondhand Furniture Clothing Bedding etc not to new articles Houses portable L C L Same C L Hubs and Felloes See Vehicle Material Hullers Clover etc See Agricultural Implements 1 Hullers Pea Same as Corn Shelters under Agricultural Implements Husks and Shucks in bales See Rule 12 Hydrants Fire Plugs and Water Gates CR 4 6 D 5 1 1 D 1 I 4 Ice L C L in casks barrels or bags prepaid Ice C L Images and Figures Bronze 3 or Metal packed not Iron Staftuary 3 T Incubator See Agricultural Implements Indigo Indigo Extract in barrels Infusorial Earth Ink in wood 6 Ink Printing in wood Ink writing Fluid in glass or stone boxed 3 Insecticides viz In Glass packed L C L 1 In Tin Cans packed or in bulk in barrels N O S L C L 4 Same C L 6 5 Lime and Sulphur Solution in barrels 6 Insulators see Telegraph and Telephone Material Iron and Steel Drums and Cylinders empty 5 Iron viz OR 4 rf co 03 I1 11 F td 492 CR I Blow Pipe Material viz Sheet iron plain or galvanized not nested B U j iL Sameside seams closed nestedee note packed or wired in bdls B C B Note Shipments will be accented s nested when two or more sections are placed one gSS iae seams not dosed nested packed or wired m bundles any quantity o Same side seams closed or not closed nested or not nested ra straight C L E mixed C L with Dust Collectors min wt 15000 lbs Iron Box Straps or Fasteners packed or in bundles Iron Blooms and Billets steel B C B of6 Same C B Same as Pig Iron Iron Bar Band Boiler and Jail Plate Car Wheels and Axles Wagon and Carriage Axles Iron Pipe of 6 Iron Muck and Puddle Bars C B f Same C L same as Pig Iron Driving Wheels on axles Iron Journal Boxes 010 Iron Nails and Spikes Bolts Nuts Rivets and Washers packed s ox d Iron Plow Plates Points Wings Castings and Steel wired or packed g oib Iron bridge pig scrap railroad Spikes Chairs Frogs Fish Plates and Fish Plate bolts B C g Same except scrap iron C L m Iron viz Cages including convict cages doors and grating B C B Iron Castings in boxes iron Castings not Ma oR CR OR chinery unpacked each piece under 200 pounds 3 Iron Castings not Machinery each piece weighing 200 lbs or over unpacked 5 Iron Castings not Machinery or Sewing Machines in kegs or casks 4 Iron Crow Bars and Forgings 6 Iron Flues 4 Iron Fronts Girders and Beams for buildings 4 Iron viz Sheet Iron and Steel plain galvanized corrugated or stamped in imitation of brick packed or in bundles 6 Iron Planished or Russia 2 Iron Hoop 1 of 6 Iron Mantels Grate Baskets Fronts Fenders and Frames packed 2 Iron Mantels Grate Baskets Fronts Fenders and Frames not packed 1 Iron Grates completely packed 2 Iron Grates completely loose n Iron Grate Bars L C L of 6 Iron Grate Bars C I M Iron Nail Rods packed 2 Iron Nail Rods not packed 6 f of 6 Iron Ore C B 25000lbs Class P less 40 per cent Iron Picks and Mattocks packed or in bundles 5 Iron Pipe of C Iron and other Sheet Metal Pipes Tubes or Cylinders parts of machinery or otherwise N O S 1 Iron Pipe Joints or Fittings in sacks barrels casks loose or wired together B C B 6 Same C B f of 6 Iron Pipe fittings inboxes 2 Iron Plow Fenders of 6 Iron Railing and Fencing 3 Iron Retorts 6 Iron Roofing See Iron Sheet Irons Sad packed B C B 5 Same C B 6 iof 6 493 CR OR CR I OR Iron Sash Weights wired any quantity K Iron Scrap C L 2240 lbs to tonM Iron Scrap Sheet in rolls or bundles wired or crated of 6 Iron N O S boxed or crated 1 Iron Shutters and Doors 4 Iron Sponge purifying material 3 Iron Stand Pipe material K D Jof 6 Iron Statuary Chairs and Lawn Ornaments boxed or crated 1 Iron Tacks 6 Iron Urns 3 Iron Tanks or Material K D flat or nested of 6 Iron Tires Wagon of 6 Iron and Steel Tires locomotive 6 Iron and Steel Tubing boiler L C L 6 Same C IL i of 6 Tubs and Plumbing Fixtures viz Cast Iron Bath Tubs Lavatories o r Washstands Water Closet Hoppers Cisterns or Tanks and Sinks without fittings packed mixed C L 4 Iron Vault and Prison Work 4 Water Closets loose 1 Same boxed or crated 3 Water Closet Hoppers Cisterns or Tanks L C L 3 Same C L 4 Washstands or Lavatories packed L C L 3 Same C L 4 Sinks loose or in crates or barrels L C L 3 Same C L 4 Iron Wedges and Sledges packed or in bundles 5 Same loose 3 Iron Work Galvanized 2 Isinglass Same as Mica Ivory lTry Black 4 M 2 2 5 4 J Jack Screws and Wagon Jacks Japan Ware Japnica Jars Fruit Glass or Earthenware any quantity Jeans Cotton Same as Domestics Jeans Cotton and Wool mixjed Jellies in glass packed Jellies in cans boxed Jellies in wood N O S Jugs See Earthenware Juices Fruit and Fountain Syrups viz In glass packed In wood L C L Same C L Junk and Jute Jute Butts Jute Waste or Tailings See Paper Stock Jute Yam See Yarn K Kainit Same as Fertilizers Kalsomine Same as Paint Kaolin Same as Clay Kegs empty N O SSame as Barrels Kegs empty N O S in crates Kegs Ale and Beer See Barrels Ale and Beer Kettles over 27 inches in diameter see Agricultural Implements Same less than 27 inches in diameter same as Stove Furniture Kerosene See Coal Oil Kindlings in bundles Same as Rosin and Rosin Dross Knapsacks Same as accoutrements Knives See Cutlery Knives Hay See Agricultural Implements Knobs N O S same as Hardware N O S Kowrie See Gum Knitting Factory Products See Garments Cotton L Ladders not over 30ft long 3 1 4 3 5 1 4 3 1 4 5 6 6 3 5 3 494 CR Ladders over 30 feet long D1 Ladders Step 2 Lampblack in casks barrels or boxes 3 Lamps and Lamp Goods packed 2 Land Plaster Same as fertilizers Lanterns packed 1 Laprings packed 5 Lard Lard Substitutes or Compounds Solids 4 Lard viz Cooking Oil products of cottonseed oil or cocoanut oil in glass or stoneware packed 1 In tin cans packed or in iron or steel barrels or drums or in wood B Lasts packed 3 Laths actual wt C L 24000 lbs P Laths L C L B Lathing Ironin crates or bundles L C L 4 Same C L 6 Lead bar or sheets in boxes 5 Lead in casks or pigs 6 Lead Black in kegs or bbls 5 Lead Pipe See Pipe Lead White Same as Paints Leather loose N O S 1 Leather in rolls or boxes 3 Leather Scraps in bales 4 Leaves powdered in boxes or barrels 1 Lemons Oranges under Fruit Lentils in bags boxes or barrels 3 Letter Boxes See Boxes Licorice in sticks roots or mats Licorice in mass boxed Lightning Rods in boxes Lightning Rods in bundles Lightning Rod Fixtures packed Lemon or Lime Juice See Juices Fruit Lime in sacks casks or barrels C L L Lime In sacks Casks or barrels L C L B OR B Lime Chloride of in barrels or casks Lime Chloride of N O S Lime Liquid prepared for whitewashing canned and packed Limestone for Furnaces C L 25000 lbs Class P less 40 per cent Limestone ground Same as Lime Lining Carpet Liniseed Linters See Paper Stock Liquors Whiskey or Domestic Wine in glass packed in boxes or baskets each package weighing not less than 20 pounds Liquors in wood N O S Liquors Whisky Domestic Brandies and 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 Liquors N O S in glass packed in boxes barrels baskets or casks Lithographic Stone Live Stock Horses and Mules L C L Live Stock Horses and Mules C L Live Stock Cattle Sheep Hogs etc L C L without percentage See Rule governing Live Stock Live Stock Cattle Sheep 4 Hogs etc C L without percentage Locks same as Hardware N O S Lockers Trunk metal or metal and wood combined L C L Same C L Lockers Wall metal or metal and wood combined set up L O L CR 6 4 5 2 4 2 1 2 1 1 1 2 2 Same K D Same K D C L Locomobiles Same as Carriages OR 495 CR Locomotives and Tenders See Cars Locomotive Tires See Iron Logging Cars K D or set up See Cars Logs for saw mills C L 24000 lbs P Logs for cbair timber not over 4 feet long C L 24000 lbs P less 20 per cent Logwood 2 Logwood Extract of C L v dry 4 Looking Glasses Same as Mirrors 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 Belting Chain or Sprocket Chain loose or packed same as machinery N O S Boilers Sectional Same as Boilers but not to be taken as castings 3 Boilers Steam L C L 30 feet and over including necessary stack 1 Boilers under 30 feet including necessary stack L C L See Rule 14 3 Boilers N O S Same as Machinery N O S Engines Caloric Fire Portable and stationary L Same C L 4 Brick Machines 4 Cotton Presses set up See Agricultural Implements Cotton and Woolen except Looms set up D1 cotton and Woolen except Looms crated 1 Cotton and Woolen except Looms K D and boxed 1 cotton Mill Rolls Iron and SftiBQi o Same returned to be re OR paired or recovered rating to apply in both directions Hoisting K D Loomjs Machinery triz Pulleys Pulley and Tackle Blocks Pulley Wheels and Blocks Machinery C L all kinds N O S Machinery all kinds N O S Machinists Tools Planers Lathes Drill Presses etc Printing Presses K D boxed or crated Printing Presses K D not boxed A Printing Presses set up Saw Mills L C L detachable parts unboxed Same detachable parts boxed 1 Same C L same as Machinery N O S Shaftings Hangers Pulleys etc Shingle Machines f Stamp Mill Machinery boxed L C L Stamp Mill Machinery boxed C L Stamp Mill Machinery loose L C L Stamp Mill Machinery loose C L Stamp Mill Castings L C L Stamp Mill Castings C L Steam Gauges Steam Heaters packed Steam Heaters not packed Tobacco Screws and Fix 3 tares 6 Water Wheels Turbine Wood Working Lathes Planing Machinery Boring and Mortising Ma chines set up Wood Working Lathes Planing Machinery Boring and Mortising Ma2 chines tc packed KD Machines Hemp See Agricultural Implements Machines Meat Cutters Machines Mowing and CR 4 4 3 T1 5 5 5 6 3 2 3 1 D 1 2 4 4 2 5 6 4 5 6 M 1 4 2 4 3 1 3 2 OR n 3 2 1 3 5 3 4 496 CR OR 11 Reaping Binders and Harvesters See Agricutural Implements Machines Sewing unboxed 3 T 1 Machines Sewing or parts set up crated or boxed Machines Sewing or parts K D boxed or crated Machines See Machinery Machines Smut See Agricultural Implements Machines Washing Macaroni Mackerel See Fish Madder Malt Malt in boxes Malt Extract Same as Ale Manganese Crude C L 25000 lbs Manganese Ground packed Manilla Mantels Iron See Iron Mantels Slate packed Mantels Wood crated or boxed L C L Same C L min wt 12000 lbs Manure Stable C L 30000 lbs Maps boxed Marble and Granite Same as stone Marl same as Lime Marble Dust C L in barrels Marble Dust L C L in barrels Marbles in casks or boxes Marble Tiles Matches in wood or paper packed in cases alone marked matches Match Splints packed in cases L C L Match Splints packed in cases C L Mats and Rugs N O S Mats Grass Hemp Hair Steel Wire Rubber and Cocoa I Mats Oil Matting Mattocks and Picks See Iron Mattresses See Furniture Meal and Ashes Cotton Seed See Cotton Seed CR Meal Corn in barrels or sacks B Meal Oat See Food Preparations Measures Meat O S Meat Bacon and Pork Meat Fresh Beef Sausage Poultry dressed Fish fresh Beef Fresh Beef Smoked in boxes or barrels 4 Beef and Pork Salted in barrels estimated weight 300 lbs B Beef and Pork Salted in quarter and half barrels actual weight B Pigs Feet and Tripe fresh or pickled B Pigs Feet in glass packed 1 Shipments of articles enumerated under head of Meat in quantities less than 10f000 pounds must be in bags bales boxes or crates Meat Cutters See Machinery Meats Desiccated See Desiccated Medicated Brick See Brick Medicines and Drugs N O S 1 Medicines Patent L C L Medicines Patent C L 1 Melodeons See Musical Instruments Melons freight guaranteed C L 24000 lbs Melons L C L 4 MerryGoRounds L C L 1 Merry Go Rounds C L without percentagef Meters Gas boxed 1 Meters Gas not boxed not taken Meters Water boxed Meters Water not boxed not taken Mica 3T1 Mileage Car See Gar Mileage Milk Condensed boxed 4 Milk minimum charge allowed 15 cts B OR tdtd W Wm 497 CR Millet d Millet Seed See Seed Millinery including Hats and the like already made up plumes birds and other material of like character for millinery purposes 1 Milo Maize in bags or sacks 6 Mills Barilla Bark and Cob 4 Mills Cane See Agricultural Implements Mills Cider See Agricultural Implements Mills Coffee and Paint set up 4 2 Mills Corn See Agricultural Implements Mills Cotton Seed See Agricultural Implements 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 Note The term Millstuff as here used is intended to cover only that part of the wheat nroduct which is neither flour nor bran but embraces sweepings waste flour etc gathered about the mill house not fit to use as any grade of flour and which bears a price somewhat higher than bran as a stock food Mince Meat 4 Mineral Waters See Water Mining Cars and Wagons same as Cars Logging Mirrors 3 feet or under outside measurement packed 3T1 Mirrors over 3 feet not exceeding 7xl2 outside measurement packed 3 T 1 Mirrors over 7xl2 outside measurement pack f 4 T1 Molasses Same as Syrup Monuments etc See Stone Mops N O S 1 Mops packed or bundled 4 Moss in sacks 1 Moss pressed in bales 4 Motes Cotton See Paper Stock Moulders Dust or Sand 5 Mouldings boxed 2 Mouldings in bundles 1 oR CR OR Mouldings common for building purposes 4 Mouldings N 0 S D1 Mouldings Iron See Cornices Mouse Traps See Traps Mowers See Agricultural Implements Mucilage packed 2 Musical Instruments viz Drums 3 T 1 Melodeons Organs cabinet or Pianos boxed L C L 1 Same L C L not boxed need not be taken Same boxed wrapped or crated C B minimum weight 8000 lbs 1 Organs Pipe K D boxed 1 Organ Pipes boxed 1 N O S 1 Mustard Ground in boxes 2 Mustard prepared in glass packed 2 Mustard prepared in kegs or barrels 3 Mustard Seed 6 N Nails Brass and Copper well packed in boxes or kegs 3 2 Nails and Spikes Iron See Iron Naval Stores See Rosin Turpentine etc Netting wire N O S in boxes casks crates or rolls L C B 2 Same C L 5 1 Netting wire meshes one inch or greater in rolls D 1 Same as Fencing woven wire Nitre Cake Same as Fer tilizers Notions 1 Nutmegs 2 Nuts Chestnuts prepaid Nuts Pecans in barrels B C B 3 Nuts Pecans in barrels C L Nuts Cocoa packed or sacked B C L 5 3 Nuts Cocoa C L 6 498 CR Nuts Edible in bags N O S 1 Same in barrels or casks N O S 2 Nuts Peanuts and Chufas L C L 5 Nuts Peanuts and Chufas C L 6 Nuts Hickory and Black Walnuts L C L 4 Same C L 24000 lbs 6 O Oakum 4 Oats See Grain Oatmeal See Food preparations Ochre in sacks barrels or casks I C L 5 Same C L 6 Ochre to be used in manufacture of Fertilizers Same as Fertilizers Oil Cake Same as Fertilizers Oil Cloth 16 feet long or over boxed 1 Oil Cloth less than 16 feet long boxed 2 Oil Cloth baled li Oil Cloth not boxed or baled not in shipping order Oil Castor in glass ptackjed 1 Oil Castor in bbls 3 Oil in cans encased in wood 1 Oil Petroleum and Petroleum Products viz Benzine Gasoline and Naptha viz In iron drums or iron barrels actual weight or in metal cans securely packed in cases L C L 4 Same in straight or mixed C L min wt 24000 lbs or in tank cars C L minimum capacity of tank but no less than 24000 lbs 6 Coal Oil Crude Oil Distillates Fuel Oil Gas Oil Grease not Axle Kerosene Oil Lubricating Oil not axle Grease Miners Oil Paraffine Oil OR CR OR Paraffine Wax Petrolatum Refined Oil Residium Road Oil Soap Oil Tailings Transformer Oil and Wool Oil viz In metal cans without jackets unpacked L C L In metal cans jacketed unpacked L C L In metal cans boxed L C L In metal cans C L In barrels or half barrels L C L Same C L In tank cars C L Minimum capacity of tank but not less than 24000 lbs In iron drums or iron barrels actual weight L C L Note 1 The weight of contents of tank cars shall be computed at 66 pounds per gallon Note 2 The weight on shipments in wood and cans shall be computed as follows In wooden barrels capacity not exceeding 52 gallons per bbl 410 lbs per barrel In wooden half barrels 240 lbs per halfbarrel In square cans completely cased each case containing two fivegallon cans 80 lbs per case Note 3 Shipments of petroleum grease and parafine wax will be charged for on bas Is of actual weightnotes 1 and 2 will not apply Oil Oocoa in original packages Oil Oocoa in barrels Oil Palm Seed crude L C L Class K with 20 per cent added Oil Cotton Seed C L without percentage Same L C L Oil Kerosene See Coal Oil Oil Lard and Linseed Oil Lubricating the product of Coal Oil Same as Coal Oil Oil Mill Rolls returned for repairs rating to apply in both directions R 5 499 Oil Pine Same as Coal Oil Oil Sassafras in glass or cans boxed Oils in glass or cans packed except Goal Oil and Sassafras Oils Oils in jars not packed not taken Oils N O S in bbls Oil Tank Wagons See Vehicles Oleomargarine see Butter Olives in glass packed Olives in barrels or casks Onions in sacks L C L Same in barrels or crates Same in barrels crates boxes or in sacks or in bulk C L Onion Sets Same as Onions Oranges See Fruit Ordnance Stores N O S Ore Copper See Copper Ores Iron L C L Ores Iron See Iron Ores samples or specimens must be prepaid Organs See Musical Instruments Outfits graders or Contractors L C L Same C L 24000 lbs minimum Same C L 24000 lbs minimum with live stock Outfits House Moving Contractors consisting of capstans secondhand chains ropes pulleys jack screws horsepower wrenches rollers wire cables bolts crowbars pickaxes shovels saws sledge hammers monkey wrenches blocking etc but not including machines or machinery in mixed shipments L 6 L Same C L 20000 lbs Ovens viz Bakers sectional steel K D L C L Same C L N O S S U not packed N O S S U packed 7 CR OR CR N O S K D packed Overalls See Garments 2 cotton 3 T 1 D 1 Oysters in cans or kegs Oysters shell in barrels Oysters shell in bulk CiL 4 1 2 Oyster Shell crushed L C L B Oysters in glass packed 1 3 4 P Packing Asbestos See Asbestos 1 2 Packing Hemp 4 4 Packing Metallic 2 5 g Packing Rubber 3 6 Paintings and Pictures well boxed value of each box not to exceed 200 D 1 6 Paintings and Pictures over 200 in value 3 T 1 Paints Dry in cases Paints bulk in barrels or 5 1 casks dry L C L Paints bulk in bbls casks 6 6 or sacks dry C L Paints bulk in barrels or L casks in liquid 5 6 Paints bulk in kegs liquid Paints in pails or cans 5 packed Paints in pails or cans 3 2 unpacked Paints Metallic Same as 1 6 Paints Paneling See Woodwork 5 Pants Jeans Cotton and Wool Mixed in bales or in cases 3 Paper Bags See Bags Paper Barrels nested packed 2 Paper Barrels not nested Paper Binders Board See 4 T 1 Binders Board Paper Bottle Covers packed or pressed in bales Paper Boxes See Boxes 3 Paper 3 Paper Cans See Cans 6 Paper Paper Card Paper Collars See Collars 1 3 Paper Hangings in bundles 1 5 Paper Hangings boxed Paper Pads or Tablets and 2 D1 Blank Books with flexi 1 ble paper backs in bun OR 5 K 2 1 D 1 4 500 CR OR CR OR dies crates or boxes L Dried C L 3 Beaches green See Fruit Same C B 5 Peach Stones packed 6 Paper Pasteboard 6 Pearline 4 Paper Printing or Wrap Peanuts See Nuts Pearl Ash 5 sing Paper same as above an Peas in boxes 2 boxes 2 Peas in bags or barrels Paper in rolls for manufac Same as grain ture of bags B Pea Hullers See Hullers Paper Pulp See Pulp Pecans See Nuts Paper Roofing See Roof Pegs Shoe in bags 1 ing Pegs Shoe in barrels or Paper Sand and Flint 3 boxes 2 Paper Shirtboards See Peltries See Skins Shirtboards Pencils Slate 3 Paper Stock WasteCot Pepper and Spices in bags 3 ton Sweepings Motes Pepper and Spices N 0 Regins and Binters in S ground in boxes 2 bales with privilege to Pepper Sauce in glass cajrrier of compressing packed 1 value lionited to 2 cents Perfumery 1 per pound and so speci Petroleum See Oil fied on bill of lading R Phosphate Rock C B 24 Paper Stock WasteCot 000 lbs P ton Sweepings and Motes Phosphate fruit beverage N 0 S 6 ready for use and not Paper Stock WasteCot fountain juices extracts ton N 0 S 5 etc in barrels or kegs B Paper Stock Waste Photographic Material 1 Woolen Jute or tailings Pianos See Musical In in bags 6 struments Paper Stock Waste Pickers Cotton Raw Hide 2 o Woolen Jute or tailings Pickles in glass packed 1 4 pressed in bales R Pickles in barrels or casks 4 Paper Stocky WastePa Pickles in cans boxed 4 per in sacks bbls or Picks and Mattocks See hhds 6 Iron Paper Stock WastePa Picture Backing in pack per pressed in bales or ages 4 crates R Pictures See Paintings Paper Stock WasteRags Pigs Feet See Meat in sacks bbls bales Pineapples in cans boxed 4 hhds or crates R Pineapples in glass o Paper Straw Boards 5 packed 1 0 Paper Toilet packed or Pineapples C B and B in rolls or bundles 5 C L See Oranges etc Paper Wall any quantity under Fruit in bundles 1 3 Pine Straw loose C L Paper Wall any quantity Class P less 20 per cent in boxes 2 Pins in cases 1 Paper Ware N 0 S 1 Pins Clothes See Clothes Paper Writing Book or Pins Blotting in boxes 2 Pins Insulators See Tele parers Fruit boxed 2 graph Brackets Paris White same as paint Pipe Copper Brass or Paste in barrels 6 Metal N O S 1 Peaches dried See Fruit Pipe Copper Brass or 501 Metal N O S boxed Pipe and Tile Drain or Roofing L C L Pipe and Tile Drain or Roofing C L 25000 lbs Pipe Earthen not Drain L C L Pipe Earthen not Drain C L Pipe Fittings See Iron Pipe heating furnace galvanized Iron or tin viz Crated or boxed not nested p Crated or boxed nested Same side seams not closed nested wired in bundles or crated L C L v Same C L Pipe Iron See Iron Bar Band etc Pipe Iron in coils parts of ice machinery L C L Pipe Iron in coils parts of ice machinery C L Pipe Lead in rolls or reels Pipe Lead in casks Pipe Organs K D boxed same as Pianos Pipe Sheet Iron Spiral Pipe Stove and elbows L C L Pipe Stove and elbows C L Loose or in bundles straight or mixed min weight 20000 lbs Pipe Stove side seams not closed viz nested and wired or crated L C L Same O R of rust L C Li Pipe nested and wired or crated or otherwise C L min wt 20000 lbs Pipe Tin boxed Pipe Wood L C L Pipe Wood C L Pipes Tobacco in boxes Pitch any quantity Same as Rosin Planters See Agricultural Implements Planes Same as Tools N 0 S Plaster Wall Cement or Calcined including Plaster of Paris in bbls or CR OR a 5 6 R P 1 5 3 6 D 1 2 4 5 3 6 4 5 1 3 D1 3 5 1 4 3 5 2 3 4 5 1 CR Sacks L C L Same C L Plaster Land Same as Fertilizers Plate Tin See Tin Plate Plated or White ware 1 Plates Paper and Wood L C L 3 Plates Paper and Wood C L not less than 24000 pounds 6 Plates Heel See Heel Plates Plows See Agricultural Implements Plow Materials See Agri cultural Implements Plumbago 5 Plumbers Material N O S packed 4 Plumbing Fixtures See Iron and Steel articles Poles Tent See Tents Poles N O S C L 30000 libs p Polishing Powders and Oomipouinds See Powders Polish Stove and Shoe packed 4 Polish Stove and Shoe in Glass packed 3 Ponies Shetland Same as Live Stock Porcelain Ware l Pork See Meats Porter Same as Ale Posts split or round minimum car load 30000 lbs Class P less 20 per cent Potash N O S 5 Potash Ball package 5 Potash German Muriate of and Sulphate of Same as Fertilizers Potatoes L C L in bbls or sacks 6 Potatoes C L 6 Poultry dressed See Meat Poultry live C L l Poultry live L C L 1 Powder Baking 3 Powder Bleaching 4 Powder Gun and other Explosives L C L D1 Powder Gun and other Explosives C L 5000 OR PP J 502 CR I OR CR I OE lbs or over 1 Powdered Leaves in boxes or barrels 1 Fpwdens and other Washing Comlpounds See Soap Powders Cattle Horse or Condition 1 Powders Polishing Compounds etc 3 Powders Horse See Agricultural Implements Preserves in glass packed 1 Preserves in cans boxed 4 Preserves in wood N O S 3 Presses Cider See Agricultural Implements Presses Cotton and Hay See Agricultural Implements Presses Copying 2 Presses Printing See Machinery Presses N O S 2 Printed Matter in sheets boxed prepaid 2 Prints Same as Domestics Pruners See Agricultural Implements Prunes in boxes or kegs 2 Prunes in casks 4 Pulleys See Machinery Pulp Paper or Wood R Pumice Stone 3 Pumps and Pump Material wooden L C L 3 Pumps and Pump Material wooden C L 4 Pumps Hand 1 Pumps Steam pumping engines and machinery L C L 3 Pumps Steam pumping engines and machinery C L 4 Putty L C L 5 Pyrites L C L prepaid in boxes or barrels B Pyrites C L 24000 lbs P Q Quartermasters Stores 1 Quicksilver in iron flasks 1 Quilting attachments K D in bundles 2 3 4 5 4 5 6 R Radiators and Heaters steam or water L C L Same C L Rags See Paper Stock Rasps See Files Railing See Woodwork Raisins not strapped Raisins strapped Rakes See Agricultural Implements Rattan V Rat Traps See Traps Reapers See Agricultural Implements Red Lead Same as Faints Reeds Reels viz Cable empty L C L Same C L min wt 12000 lbs Hose Garden and Lawn viz Set up L C L Knocked down packed L C L K D or S U C L Hose Iron K D packed Reflectors packed Refrigerators See Furniture Regins See Paper Stock Registers Cash boxed Retorts Clay Retorts Copper Retorts Iron See Iron Retorts Soda Water Rice rough Rice in sacks Rice clean in bbls or casks Rice clean in boxes or kegs Rice Flour See Flour Rivets Iron See Iron Ijtobesi Buffalo Rods Nail See Iron Rods Meat See Hooks Rollers Field Road and Sugar See Agricultural Implements Rollers Printers Roofing Asbestos See Asbestos Roofing or Sheeting Cement L C Lfo Same C L 3 5 1 2 1 2 3 5 D1 D D O 3 D 1 1 5 6 rI H H Ttl 503 CR OR CR I Roofing Cement and Roof coating liquid in barrels or casks L C L 6 Same C L A Roofing Composition 4 Roofing Felt and Paper in bundles or rolls L C L 5 Same C L 6 Roofing Glass 2 Roofing Granite packed 5 Roofing Iron See Iron Roofing Roofing Material C L min wt 25000 lbs consisting of 71 per cent gravel 18 per cent tar and 11 per cent paper of tbe gross weight L Note Necessary tools for applying roofing may be shipped In same car at the published rate on such tools Roofing Slate L C L 6 Roofing Slate C L See Rule 12 25000 lbs P Roofing Tile See Pipe Roofing Tin in rolls 5 Root Angelica in barrels or boxes 1 Roots and Herbs value not over 10c per pound L C L 4 Same 0 L 6 Roots and Herbs value over 10c per pound 3 Rope N O S 3 Rope Red Cord 3 Rope Clothes Line 3 Rope Hair See Hair Rope COtton See Domestics Rope Old 6 Rope Hemp or Jute Same as Yam Jute and Sisal Rope Wire See Wire Rosin any quantity Class K less 20 per cent Without percentage Rosin Dross Same as Rosin Rubber Belting See Belting Rubber Car Springs See Springs Rubber Clothing and Rubber Goods N O S See Clothing Rubber Hose See Hose Rubber Packing See Packing Rubber old scrap b Rugs N O S 1 Rugs Grass Hemp Hair Steel Wire Rubber and Cocoa 3 Rugs Oil 1 Rustic Work not boxed 3T Rustic Work crated 1 1 Rustic Work entirely boxed 2 Rye See Grain S Sacks See Bags Saddlery 2 Saddlery Horse Collars 2 Saddlery Horse Collars other than of Leather Saddlery Harness boxed 2 Saddlery Harness in bundles 1 Saddles not boxed 1 Saddles boxed 2 6 Saddletrees not boxed 1 Saddletrees boxed 2 Sadirons See Iron Safes Iron each weighing 3000 pounds or less 4 Safes Iron each weighing over 3000 lbs and not over 6000 lbs 3 Safes Iron each weighing over 6000 lbs and not over 10000 lbs 2 Safes Iron each weighing over 10000 lbs Special Contract Safes Kitchen and Pantry See Furniture Safes or Covers Cheese boxed 3T1 Sago in bags boxes or barrels 3 Sails 1 Saleratus See Soda Sal Soda 6 Salt in sacks or barrels L C L C Salt in sacks or barrels C L 20000 lbs O Salt Brick See Brick Salt Cake Same as Fertilizers Salt Table 6 Salts Bleaching Same as Lime Chloride of OR R 1 4 504 CR Salts Epsom in casks or barrels 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 lbs P less 20 pr cent Sand L C L in barrels B Sand or Dust Moulding 5 Sand Paper See Paper Saratoga Chips 5 Sardines See Fish Sash Blinds Doors and frames L C L 3 Sash Blinds Doors and Frames C L B Sash Glazed L C L 1 Sash Glazed C L 5 Sash Weights See Iron Sauce Pepper in glass packed 1 Sauces N O S 1 Sauer Kraut in barrels 4 Sausage See Meat Sawbucks Wooden in bundles J 3 Sawdust L C L in barrels or bags 6 Same loose C L 25000 lbs P Saw Logs See Dogs Saw Mills See Machinery Saws N O S loose 1J Saws N O S on boards 1 Saws N O S boxed 2 Sawplates packed 4 Scales and Scale Beams set up wrapped 1 Scales and Scale Beams K D wrapped 3 Same boxed 4 Scrapers Road and Pond See Agricultural Implements Screens Door or Window wire in bundles boxes or crates L O L 2 Screens Door or Window wire C L Min wt 15 000 pounds 5 Screws Wood packed 2 Screws j N O S Packed 4 Scythes See Agricultural Implements Sea Grass pressed in bales 4 OR Seats Telegraph Pole See Telegraph Materials Seed Cane Sorghum Seed Coni in boxes Seed Flax Seed Carden Seed Garden returned over same line by which originally forwarded Seed Grass and Clover L C L Seed Grass and Clover C L CR 4 4 6 2 2 4 6 Seed Linseed Seed Millet Seed Mustard Seed Sunflower Seed N O S Separators See Agricultural Implements Sewing Machines See Machinery Shades Window See Window Shades Shadines See Fish Shafting See Machinery Shafts See Vehicle Ma terial Shale same as Clay Shavings and Chips pressed in bales 6 Sheathing Metallic boxed or crated or in bundles wired 3 Sheetings Same as Domestic Sheep See Live Stock Sheep Skins See Skins Shellac See Gum Shellers See Agricultural Implements Shells Sea L C L pre paid D1 Shells Sea C L prepaid 5 Shingles L C L B Shingles actual weight C B 24000 lbs P Shingles Metallic jboxed 4 Ship Stuff Same as Bran Shirtboards made of pasteboard printed or not printed 6 Shirting Same as Domestics Shirts p 1 Shirts and Drawers un laundered entirely cotton See Garments cotton OR 1 tO 35 35 W CO to rf to tx 505 CR I OR CR I OR Shoe Findings See Findings Shoe Lasts See Lasts Shoe Pegs See Pegs Shoe Polish See Polish Shoes See Boots Shoes Horise and Mule packed iof 6 Shoddy Wool pressed in bales 6 Shoddy in bags not pressed 4 Shoddy in crates 5 Shooks and Heading See Barrel Material Shorts See Rule 12 D Shot Bullets and Granulated Steel viz In bags 2 In boxes strapped 3 In double sacks cooperage or drums 5 Shovels See Agricultural Implements Show Cards See Signs Show or Display Cases and Cabinets viz Glazed or unglazed crated or boxed not taken unless crated or boxed S U L C L D 1 Same K D L C L 11 S U or K D C L min wt 10000 lbs 1 Bases or Stands unglazed same as Fixtures Shrubbery See Trees Shucks in bales rough Rule 12 D Shucks prepared baled shipped from factory or furniture warehouse 4 Shuttle Blocks rough 3 Sieves Tin nested packed in boxes 2 Sieves Wire boxed or crated 2 Signs Card Metallic or Wlood 2 Signs Glass Same as Glass Colored Stained etc St Johns Bread in bbls or boxes 1 Signs Trade boxed freight to be prepaid or guaranteed 2 Sisal See Yarn Sizing for factories L C L 5 Same C L 6 Skewers See Bobbins Skins Deer See Hides Slag C L 30000 lbs Rule 12 Class P less 20 per cent Slate Mantels See Mantels Slate Pencils See Pencils Slate Roofing See Roofing Slates School boxed 3 Sledges See Iron Smoke Stacks Flues or Hoods N O S L C L 1 Same C L min wt 20000 lbs 6 Smoke Stacks Flues or Hoods cut in sections side seams not closed nested L C L 4 Same C L min wt 20000 lbs 6 Smokers Bee See Bee Smokers Snaths See Agricultural Implements Snuff in casks bbls or boxes 2 Snuff in jars packed 2 Snuff in jars not packed D1 Soap Castile and Fancy 2 Soap Common in boxes 6 Soap Powders and other Washing Compounds same as Soap common Soap Stock including cottonseed oil foots without Percentage r Soapstone Crude C L See Rule 12 25000 lbs P Soapstone packed 2 Soda in kegs boxes and drums 5 Soda Ash Same as Fertilizers Soda Caustic in iron casks or drums 6 Soda Fountains See Fountains Soda Soda Fountain Retorts See Retorts Soda Nitrate of in boxes 1 Soda Nitrate of L C L Same as Fertilizer L C L R 506 Soda Nitrate of C L Same a Fertilizers C L Soda Sal Soda Silicate of Softener Cotton and Woolen N O S Softener Cotton and Woolen in barrels Solder Sorghum See Syrup Spades See Agricultural Implements Spelter in slabs or casks Spices See Pepper Spikes Iron See Iron Spokes and Shafts See Vehicle Material Spong e Spools and Beams Yam empty without percentage Spreaders See Agricultural Implements Springs Bed Furniture in bundles wired together Same in boxes Same in barrels or casks Springs Car N O S Springs Car Rubber loose Springs Car Rubber boxed Springs Vehicle See Vehicles Stairwork See Woodwork Stamp Mill Machinery See Machinery Staples Fence in kegs L C L Starch L C L Starch O L not less than 24000 pounds Stationery Statuary Iron Lawn Ornaments etc See Iron Statutes Staves See Barrel and Box Material Steam Gauges See Machinery Steam Heaters See Machinery Steel not packed Steel packed Steel wired or strapped Steel Bars each 200 lbs and over Steelyards K D and packed Steelyards unboxed CR OR 6 6 5 B 5 5 D1 Stereotype Plates boxed for newspapers from manufacturer Stereotype Plates old boxed returned to manufacturer Stereotype Plates N O S Stills Worm crated Stone Granite and Marble When shipper desires to assume risk of loss or damage in order to secure lower rate he is required on demand of carrier to sign bill of lading releasing said carrier of liability Stone Granite and Marble L L valuation limit ed to 500 per cubic foot 6 Same valuation not restricted Stone Granite and Marble viz 1 Blocks and Slabs includ 2 ing furniture marble 3 slabs for interior finish 6 and grave and monumen 4 tal work rough dressed 5 or finished unlettered valuation limited to 20 cents per cubic foot CR 2 5 2 1 4 1 of 6 4 C 2 3 T 1 of 6 2 5 C L 25000 lbs Same L C L 8 of Building Stone and Cement Building Blocks including Tile but not other interior finish nor ornamental work cut or sawed into shape rough dressed or carved but not polished protected otherwise at owners 1 risk valuation limited to 20 cents per cubic foot C L 25000 lbs Class P less 20 per cent Not subject to Rule No 27 Blocks Paving rough rubble and Crushed Stone C L 30000 lbs Rule 12 Class P less 20 per cent Curbing C L 25000 lbs 5 Class P less 20 per cent Monuments and Grave 2 stones lettered valua 1 tion limited to 20 cents OK 3 Pk 507 CR OR per cubic foot packed charges prepaid or guaranteed C L 25000 lbs Same L C L Stoneware Same as Earthenware Stools Piano See Furniture Stove Boards boxed or crated Stove Pipe See Pipe Stoves and Ranges viz Alcohol Gas Gasoline Oil or Vapor boxed or crated L C L Same boxed crated or loose C L min wt 16000 lbs Stoves Stove Plates Furniture and Hollow Ware including the necessary pipe L C L Same C L For special rates between junction points see Circular 309 Straw See Hay Rule 12 Straw Boards I Straw Goods Straw Pine See Pine Straw or Wooden Bottle Covers pressed in bales Stucco Same as Plaster Calcined Substitutes Coffee same as Chicory Sugar in bags Sugar in double sacks Same as in barrels Sugar in boxes strapped Sugar in boxes not strapped Sugar in bbls and hogsheads Sugar Cane L C L prepaid Sugar Cane C L prepaid Sugar Grape Sulphates L C L Sulphates Ash and Soda C L Same as Fertilizers Sulphur in boxes L C L Sulphur in bags barrels casks or keg L C L Sulphur for spraying purposes or foir manufacture of Fertilizers C L CR I OR Same as Fertilizers Sumac viz Ground in bags or bbls L C L 4 Same C L minimum weight 20000 lbs 5 Leaf O L minimum weight 16000 lbs 4 Sumac Extract in bbls or casks 4 k Sweepings Factory See Paper Stock Swings wooden or wood and iron combined in cluding roller swings L C L 3 Same C L min wt 20000 pounds 6 Switches Switch Stands rail braces and throws L C L of 6 Same C L M Syrup in barrels half barrels kegs or hogsheads R Syrup in cans Same as Fruit and Vegetables in cans Syrups in glass boxed 1 Syrup cane in glass packed 5 Sytrups Fountain See Juices Fruit T Tables Billiard See Billiard Tables Tackle Fishing See Fishing Tackle Tacks packed 6 Tailings See Paper Stock Talc Tallow in barrels Tallow N O S Tamarinds Same as Oranges Tanbark See Bark Tanks N O S3 T 1 Tanks Iron Same as Boil ers Tanks Oil cellar or store O R B empty loaded in box cars D1 Tanks Oil cellar or store O R B empty requiring flat or gondola cars minimum weight 5000 lbs each l co pq to 508 CR OR Tanks Oil cellar or store O R B K D with pump hood and meas ures packed inside the body of the can 1 Tanks Wood set up D1 Tanks Wood K D packed B Tank Stuff Same as Fertilizers Tapioca in boxes bbls or bags 3 Tar Fitch in bbls Same as Rosins Tar Goal in barrels L C L B Tar Coal C L See Rule 12 0 Tarpaulins packed in boxes or bales Same as Domestics Tea 1 Telegraph and Telephone Material viz Poles C L 25000 lbs P Poles L C L B Insulator Brackets or Pins without percentage C Li K Same L C L B Braces Cross arm iron of 6 Cross arms with Insulator Pins or Brackets affixed 6 Same without InsulaJtor Pins or Brackets L C L 6 Same without Insulator Pins or Brackets C L 24000 lbs P Insulators Porcelain or Glass packed 4 Wire See Wire Seats Pole 4 Supplies mixed shipments of consisting of Sal Ammoniac Pencil Zincs Bluestone Muriatic Acid Machine Bolts Washers Hand Axes Pliers Connectors Screw Drivers Linemens Spurs Screws Iron Pole Steps Wire Pointed Tacks or Staples Lightning Arrestors Fuse Blocks Terminal Heads for Cables Anchor Rods Paraffine Rubber Tubing Cable Aerial Submarine and Underground and other analogous materials Telephones boxed Outfits for construction or repair of telephone or telegraph line Same as Outfits Graders or Contractors Wire Copper and Insulated L C L Same C L Wire Telegraph other than above same as wire common Tents Tent Poles and Pins TerraCotta in packages TerraCotta Architectural C L TerraCotta Architectural packed in casks tierces etc L C L Terra Japnica Thread Spool Cotton and Silk Thread Cotton Factory products in balls bales or skeins packed in burlaps or cases Same as Domestics Threshers See Agricultural Implements Tickings Same as Domestics Ties Cotton and Hay Tile Drain and Roofing See Pipe Tile Fire for Lining etc Tile Marble etc See Stone Tile Paving Cement C L Same as Stone Building and Cement Building Blocks Tile Paving Cement L C L Packed Timber N O S rough hewed round split or sawed other than fuel Same as Lumber Tin Block and Pig Tin Foil in boxes Tin Plate in boxes or rolls L C L Tin Plate C L Tin Roofing See Roofing Tin Scrap in rolls or bundles wired or crated 509 CR I OR CR Tinners Trimmings N 0 Same C L min wt S 2 Tinware and Tin Stamped Trunks 11 Ware boxed or crated 4 Wax Show Figures D1 Tires Locomotive See Wheelbarrows Q h i 1 Iron drens in bdls L C L D1 Tires Wagon See Iron Same min wt 15000 Tobacco Box Material L pounds 1 C L 6 Mixed C L min wt Tobacco Box Material C 15000 poundfe 1 L 24000 libs P Tovs N 6 S 1 Tobacco cases and boxes Tracks Railway port empty 1 able of iron or wood Tobacco Cut in boxes K D L C L 4 bbls or bales 1 Same C L 6 Tobacco Leaf in cases i Trains Sugar See Agri Tobacco Plug in boxes cultural Implements or kegs 1 3 Traps Fly D1 Tobacco Screws and Fix Traps Mouse and Rat 1 tures See Machinery Traveling Bags See Bags Tobacco Smoking 1 Trays Butter See Butter Tobacco Stems prized 6 Trays Tobacco Stems not prized 1 Trees and Shrubbery baled Tobacco Unmanufactured or boxed L C L pre not prized 1 paid or guaranteed Tobacco Unmanufactured Trees and Shrubbery baled prized 2 or boxed C L prepaid Toe Calks See Calks or guaranteed Tongues Pickled in bar Tripe See Meat rels or kegs 4 Tripoli 4 Tongues Smoked 3 Trucks Warehouse and Tongue Deer in barrels Factory L C L 3 bales or boxes value lim Same C L 6 ited to 6 cents per lb L Trunks single 11 C L 5 Trunks nested or filled Tongue Deer C L 6 with merchandise crated Ton qua Beans in boxes or or strapped 1 bbls 1 Trunks empty or filled Tools Edge 2 with merchandise corded Tools Mechanic boxed 2 or wrapped 1 Toothpicks 2 Trunks filled with mer Tow in bales 2 chandise not corded or Tow in bales compressed 3 wrapped D1 Toys viz Trunks N O S D1 Drums boxed 3T1 Tubes Sheet Metal See Furniture childrens L Iron C L D 1 Same C L min wt Tubs N O S 1 15000 pounds 1 Tubs Bath all kinds L Hobby Horses entirely C L 1 boxed or crated L Tubs Bath oast iron C L 4 C L D 1 Tubs Bath N O S C L Hobby Horses not boxed 3 T1 min wt 10000 lbs 2 Hobby Horses boxed or Tubs Bath See also Iron crated C L min wt and Steel Articles 15000 pounds 1 Tubs Bath folding wrap Sleds or Sleighs chil ped or crated 1 drens L C L in bdls D l Tumblers packed 2 OR 6 O 1 2 1 3 510 CR I OR CR I OR Turbine and Water Wheels See Wheels Turnips in barrels or sacks 6 Turpentine Spirits in packages less than a barrel 3 Turpentine Spirits in barrels without percentage R Turpentine Cups sheet or galvanized iron C L 20000 pounds 5 Twine 3 Type boxed 2 Type Old in boxes barrels or kegs 3 Typewriters boxed D 1 U Umbrellas iboxed 1 Urns See Iron V Vaults Burial See Burial Vaults Vehicles and material 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 springs 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 Vehicles viz Automobiles Locomobiles or other selfpropelled Vehicles See notes viz S U L C L D1 K D boxed or well crated L C L 1 i S U or K D C L min wt 10000 lbs 1 Note Automobiles or other selfpropelled vehicles too bulky to be loaded in box cars will not be accepted for transportation unless properly protected by tarpaulins ana small or detachable parts must be removed and packed In boxes which must be securely fastened to the vehicle or to the floor of the car Note Horseless vehicles R 5 1 operated by electricity must have connecting wires between battery and motor disconnected Vehicles operated by gasoline or naptha must have tanks emptied the tank cover or plug removed and packed separately and the sparking wire detached Gigs and Sulkies Same as Carriages Buggies and Trotting Wagons Hook and Ladder Trucks Village handhauled S U D1 Same K D Hose Reels N O S and Hook and Ladder Trucks L C L min wt 4000 lbe each D 1 Same C L min wt 20000 lbs 5 Hose Reels or Hose Carts twowheeled K D boxed or crated L C L D1 Same C L min wt 20000 lbs 9 Hose Wagons with Chemical Engine attachments min wt 4000 lbs each D1 Carriages Buggies Gigs Sulkies and Trotting Wagons C L boxed or well crated charged at not less than 8000 lbs excess weight in proportion 3 Carriages Buggies Gigs Sulkies and Trotting Wlagons C L loose charged at not less than 24000 pounds excess wt in proportion 3 Carriages Buggies Gigs Sulkies and Trotting Wagons set up L C L actual weight 4 T 1 Carriages Buggies or Trotting Wagons L C L K D boxed or well crated value not to exceed 15 per 100 libs in case of total loss for which carrier is liable D1 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 511 liable Carriage and Buggy Shafts and Poles fully wrapped shipped separate from vehicles CR OR J D1 ljl D1 Carriages Childrens K D in boxes bndls or crates 1 Carriages Childrens set up unboxed 3T1 Carriages Childrens set up unboxed D1 Oars Railroad See Cars Carts Hand K D and packed or bundled 3 Dump Carts with wheels detached 4 Gigs and Sulkies knocked down boxed or well crated L C L 3T1 Hearses K D boxed or crated 1J Hearses set up See Stage Coaches under Vehicles Oil Tank Wagons S U L C L min wt 4000 lbs D1 Same tongues wheels poles or shafts detached L C L 2 Same 0 L min wt 20000 pounds 5 Road Village or Pleasure Carts See Carriages etc Stage Coaches Omnibuses and Hearses actual wt 4 T 1 Vehicle Material Boxes Skeins and Springs loose or packed L C L 5 Same C L 6 Vehicle Material Buggy Bodies Bows Doubletrees Felloes Hubbs Rims Shafts Singletrees Spokes Whiffletrees and wheels N O S viz Finished L C L Same C L In the white L C L Same C L In the rough L C L Same c L Bicycles Tricycles or Velocipedes viz Crated or boxed not taken otherwise L C L Samg c L min wt 10000 pounds Velocipedes Railroad 2 5 4 6 5 6 11 3 1 D 1 3 T 1 CR Wagons and Carts C L charged at not less than 24000 pounds 4 Wagons and C arts Farm or Lumber set up actual weight D1 Wagons and Carts Farm or Lumber taken apart and thoroughly knocked down in any quantity actual weight 6 Wagons Childrens same as Childrens Carriages Wagons Street Sprinklers D1 Wagon Parts Wood unpainted K D and packed in crates or bundles 5 Wagon Tires See Tires Valves Brass See Brass 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 See Glass Vegetables Desicccated 4 Vegetables in cans See Fruit In cans Vegetables N O S prepaid or guaranteed Veneering boxed 1 Veneering not boxed D1 Ventilators sheet metal L C L D 1 Same C L min wt 10000 pounds 1 Vermicelli 1 Vinegar in barrels or kegs B Vinegar in glass same as Beer Ale and Porter in glass Vinegar Shavings or Chips in bags 5 Vises packed or unpacked 4 Vitriol Blue in barrels 5 W Wadding D1 Wagon Jacks See Jackscrews etc Wainscoting See Woodwork Wall Plaster See Plaster Washers in kegs of 6 Washers in other packages 2 Washing Compounds See Soap OR Xi 3 512 CR OR CR I OR Waste and Paper Stock N O S in bales with privilege to carrier of compressing value limited to 2c per pound R Same otherwise packed 6 Manufactured string for packing wiping etc in bales or bags 5 Waste Paper etc See Pa per Stock Water Ammonia in iron casks 5 Water Ammonia in glass packed 3 Water Coolers and Filters See Coolers Waters Aerated Carbon ated and Mineral Waters v in wood or in galvanized iron cans 6 Same in glass or earthenware packed L C L 4 Same in glass or earthenware packed or in wood straight or mixed C L 6 Note Ale Beer and Water Packages empty returned consisting of barrels halfbarrels and kegs and bottles in wooden wire or sheet metal cases barrels or casks in less carloads 6th class carloads minimum weight 10000 lbs onehalf of the rate applying on same when filled and moving in reverse direction Watermelons See Melons Wax N O S 4 Wax Comb Foundation boxed 2 Wax Extractors crated 1 Wedges See Iron Weights Sash See Iron Weights Clock packed 5 Well Curbing See Curbing Well Buckets See Buckets Whalebone 1 Wheat See Grain Wheat Cracked See Food Preparations Wheelbarrows See Agricultural Implements Wheels and Axles Car See Iron Bar Band etc Wheels and Vehicles See Vehicles Wheels Water 3 Wheels Well same as Pulleys Whetstones boxed 3 Whips il Whiskey See Liquors Whiting N O S 5 Whiting in boxes 3 Whiting in barrels casks or sacks dry C L Willow Reeds in bales Willow Ware D Willow Ware Baskets nested 1 Window Casings See Woodwork Window Shades 1 4 Window Shade Cloth 1 Window Frames See Sash etc Wind Mills K D in bndls 3 Wine See Liquors Wines High Same as Liquors Wire Common Barbed or otherwise in reels or coils owners risk of wet or rust of 6 Wire Binding 3 Wire Cloth 1 Wire Fence See Fencing Wire Goods boxed N O S 3 Wire Grass See Grass Wire Mattresses See Furniture Wire Rope 4 Wire Sieves See Sieves Wire Screens 1 Wire Telegraph See Telegraph Wire N O S 3 Wire Work Racks Stands Vases Signs and Figures boxed or crated 3 T1 Wire Work Woven Table Toilet and Household Articles boxed or crated D1 Wire Fencing See Fencing Wire Wire Netting See Netting Wire Wood Green or Dry C L of 10 cords to be billed by cord Rule 12 P Wood Ashes See Ashes Wooden Butter Dishes packed L C L 3 4 Wooden Butter Dishes C L not less than 24000 pounds 6 5 Dl 1 M tO t1 513 Wooden Covers See Covers Wooden Ware N O S Wooden Ware does not include Willow Ware which is Wood Liquor in barrels Wood Plates L C L Wood Plates C L not less than 24000 lbs V Wood Hard in the rough shaped for manufacturing L C L Same C L See Handles Woodwork viz Railing Balusters Wainscoting Stairwork Paneling Window Casings all of oak or other hardwoods for inside finish of houses in bundles crates or boxes LC L V p Same C L Woolen and Cotton Goods mixed without percentage p iv Wool washed in bags not pressed Wool unwashed in bags not pressed Wool washed in bags pressed in bales M CR I OR D 1 3 3 6 6 4 6 5 2 4 3 Wool unwashed pressed in bags or bales not to exceed in size 2 ft x 3 ft x 6 ft nor weighing less than 200 lbs 6 Woolen Goods without percentage 4 Wool Mineral in bags 1 Wringers Clothes packed 2 Wringers Clothes not packed D1 Y Yachts See Boats Yarn Cotton same as Domestics Yarn Jutes or Sisal tarred for laths etc Yarns N O S Yeast in wood Yeast in boxes Yokes Z Zinc in sheets or rolls 4 Zinc in blocks or pigs L C L f 5 Zinc in blocks or pigs C L 6 Zinc Cornices See Cornices Zinc Oxide v 5 Zinc Paints See Paints M CO CO CO Ci 514 DISTANCE TABLES ALABAMA GREAT SOUTHERN RAILROAD GeorgiaTennessee Morganville 457 Tatum 1275 Line 000 New England 723 Rising Fawn 1822 Wildwood 184 Trenton 1043 Sulphur Springs 2352 ATLANTA WEST POINT RAILROAD Atlanta 000 Oakland Junction 315 McPherson 400 East Point 652 Terra Cotta 738 College Park 839 Red Oak 1233 Mallorys 1436 Stonewall 1573 Union City 1707 Fairburn 1883 Wrights 2144 Palmetto 2519 McCollum 3028 Madras 3316 McBrides 3723 Newnan 3881 Newnan Junction 3909 Pearl Springs 4135 Moreland 4518 rSt Charles 4651 Grantville 5097 Trimble 5526 Hogansville 5769 Louise V 6424 Whitfield 6500 Dixie 6981 LaGrange 7088 Cannonsville 7780 Gabbettsville 8010 West Point 8611 ATLANTA BIRMINGHAM ATLANTIC RAILROAD BRUNSWICK TO BIRMINGHAM Brunswick 00 Southern Junction 90 Brobston 123 Anguilla 159 Leicht 171 Blounts 194 Thallman 212 Lott 240 Bamboo 271 Fendig 312 Needmore 347 Hortense 380 Dixon 430 Offerman 487 Bristol 555 Coffee 628 New Lacy 675 Rockingham 702 Alma 734 Guysie 772 Sessoms 809 Nicholls 840 Chatterton 899 Douglas 976 Upton 1006 Bushnell 1050 Ambrose 1089 Wray 1121 Osierfield 1169 Ashton 1210 Fitzgerald 1260 Abba 1338 Isaac 1357 Rebecca 1420 Double Run 1473 Hatley 1526 Musselwhite 1582 Cordele 1632 ROSS 1672 Vienna 1732 Lilly 1787 Byromville 1837 Dooling 1858 Fields 1911 Montezuma 1943 Oglethorpe 1958 Maverick 2009 Ideal 2059 Southland 2089 Rupert 2131 Charing 2182 Mauk 2226 Norwich 2255 Junction City 2305 Paschal 2311 Talbotton 2383 Berry 2432 Woodland 2484 Chalybeate Springs 2550 Manchester2560 Bullochville 2615 Warm Springs 2621 Carlsbad 2694 Stovall 2733 Knott 2802 LaGrange 2869 Pyne 2934 Abbottsford 2971 GeorgiaAlabama Line 3000 Standing Rock Ala3019 Roanohe Ala 3112 Birmingham Ala 4472 515 ATLANTA BIRMINGHAM ATLANTIC RAILROADContinued MANCHESTER TO ATLANTA Manchester 00 Prsico 46 Woodbury 100 Imlac 141 Gay 190 Alvaton 247 Sessoms 00 Murray 39 Beach 69 Fife 287 Union City 562 344 Ben Hill 649 429 Stratford 706 472 Bell wood Yard 756 530 Atlanta 781 WAYCROSS TO SESSOMS Bolen 108 Elsie 139 Waycross Waltertown 194 254 Fitzgerald 00 Fletcher 50 MYSTIC 90 Pinetta 110 Hansen 150 Harding 170 Brighton 200 Tram Switch 220 Tifton 250 FITZGERALD TO THOMASVILLE Fender 296 Corbetts 545 Iniss 321 Omega 350 Crosland 387 Norman Park 422 Barbers 466 Kingwood 500 Moultrie 522 Murphy 610 Sunset 577 Goolidge 657 Merrillville 700 Touraine 720 Dillon 740 Thomasville 805 ATLANTA STONE MOUNTAIN LITHONIA RAILWAY Idthonia 00 Lithonia 00 Pine Mountain 2 Quarries ft 20 ATLANTIC COAST LINE RAILROAD SAVANNAH TO SOUTH CAROLINA STATE LINE Savannah Big Stick Lumber OO Savannah OO Dale 658 Walkers Siding 1000 Millers 1018 Burroughs 1175 Ways 1594 Baileys Siding 2148 Fleming Savannah Lumber 2420 Company 2700 Walls Siding 2810 McIntosh 3134 Allenhurst 3628 Walthourville 3864 Aimar 4180 SAVANNAH TO FLORIDA Ludowici Doctortown Jesup Leake Bloodworth Breen Broadhurst Fairfield McKinnon Bros Siding McKinnon McKinnon Bros Siding Hortens e E S Strickland 1089 Smithville 1465 1313 OLearys 1522 STATE LINE 4627 Raybon 8174 5269 J J Harrison Sid 5719 ing 8236 6099 Nahunta 8561 6381 Hickox 8820 6687 Hickon Lumber 6978 Company 8959 Shea 8999 7155 Bachelot 9324 7237 Winokur 9745 Newell 9809 7237 Gina Lumber Co 9923 7625 Burch 10799 7897 Folhston 11164 516 ATLANTIC COAST LINE RAILROADContinued JESUP TO ALABAMA STATE LINE Jesup OO Siding 7940 Thomasville 14340 Slover 496 E Y Frys Siding 8116 Pine Park 15075 Screven 1153 Stockton 8177 Beverly McCollum 15382 Satilla 1611 Naylor 8695 Ham Co 15415 Offerman 1926 Delmar 9076 Cairo 15736 Patterson 2137 Bandy 9397 Whigham 16432 Owen 2596 Indianola 9397 Au trey Chapman 15889 Blackshear 2975 Staten Davis Co 9595 Climax 17079 McCullough 3224 Dashers Siding 9774 McCaskills Spur 17788 Deans Still 3324 Valdosta 10002 Farrar Lumber Co 17749 HiltonDodge Lum Ga Fertz Oil Co 10010 Rathesay Lumber her Co 3381 S M Stanley 10110 Co 17788 Bonnyman 3602 Payne Smith 10380 Bainbridge 17928 Finn Westberry 3612 Kinderlou 10569 West Bainbridge 18061 Waycross 3969 Ousley 10941 Hanover 18561 Ruskin 4576 Blue Springs Lum Smiths Spur 18406 Max Ehrlicks Sdg 4570 her Co 11290 Hedges Powell 18784 Glenmore 5109 Quitman 11703 Brinson 19053 Manor 5408 Hodges Ives 12166 Stewart Lumber Argyle 5902 Dixie 12389 Co 19121 Travisville 6080 Faucet Briley 12588 Iron City 19562 Brinson Patterson 6275 Pidcock 12667 Sharp Hagen 19679 Homerville 6525 Kirby Planing Mill 13061 Lela 19820 Peaglers Still 6680 Molloys Still 13044 Donaldsonville 20020 Cutting 6905 Boston 13120 Jakin 20630 Dupont 7350 Monroe Sons 13490 Jakin Brick Yard 20886 Dupont Junction 7426 Neils Siding 14110 Saffoid 21076 T M Green Co WAYCROSS TO FOLKSTON Waycross OO ing 615 Conners Mill Bacon 288 Briganza 689 J W Stokes CO J B Lewis 383 Fort Mudge v 1497 Uptonville Astoria 615 Marsh Cypress Co 1786 Homeland S V Jeffords Sid Race Pond 2034 Folkston 2680 2727 2816 3216 3439 Thomasville Companys Siding Thomasville Variety Works Pasco Williams Robert Dekle Thomasville Cherokee Saw Mill Climax Otisca Dickersons Spur Otisca Mise Spur THOMASVILLE TO ALBANY OO Ochlocknee 1152 Flint 3817 400 Hansel 1409 Baconton 4242 Meigs 1877 DeWitt 4574 500 Pelham 2401 Hardaway 4960 607 Leland 2752 Albany Junction 5674 719 Camilla 3218 Albany 5822 1000 MONTICELLO BRANCH OO Co 323 Metcalf 1003 Hicks Siding 593 CLIMAX TO RECOVERY OO Woodland Spur 489 Faceville 1533 196 Fowltown 858 Recovery 2157 319 OTISCA TO AMSTERDAM OO Wataga 900 Amsterdam 1030 247 517 WAYCROSS TO BRUNSWICK Wayeross 00 Colgans Still 700 McQuaigs Siding 800 Schlaterville 1055 Rawles Still H i 1200 Hoboken 1473 Rawles Beatons Mills V 1673 Blackshear Mfg Company 1701 Morgans Siding 2100 Nahunta 2355 Lulaton 2836 Atkinson 3180 Satilla Lumber Co 3180 J P Davenports Siding 3465 Waynesville 3530 Bladen 4076 Jamaica 4 i 4369 Townsend 4500 Pyles Marsh 4910 Southern Junction 5255 Dock Junction 5514 Brunswick 5815 Wayeross OQ Deenwood i 200 Waresboro 800 Hasty 1400 Fairfax 1635 Millwood 1926 McDipald 2327 Stewarts Siding 2530 Davis Sears Lumber Co 2927 Pearson 3075 Kirkland 3415 Lejiaton 3953 Pinebloom 4123 WAYCROS TO ALBANY Willacoochee 4240 D J Roy Siding 4740 Jones Pait Siding 5040 Alapaha v 5329 J H Baker 5630 Hartsease 5730 Enigma 5992 Brookfield 6360 South Lumber Co 6560 W W Fender Siding 6760 Tifton 7122 Baker Ogdens Siding 7820 Ty Ty 7898 Sumner 8606 Poulan 8935 Sylvester 9241 Willingham 9673 Pinsons Siding 9873 Acree 10224 Johnsons Siding 10571 Darrow 10929 Albany Junction 11048 Albany 11197 Dupont4 Dupont Junction DUPONT TO FLORIDA STATE LINE Withers 962 Alexanderville 7b Haylow 1170 Tarver 1740 2031 Augusta Adam Adventure Gracewood DeBruce Hephzibah Edie Blythe AUGUSTA SOUTHERN RAILROAD 00 Keysville 480 Noah 620 Matthews 790 Wrens 1000 Spread 1440 Avera 1780 Gibson 2110 Beall Springs 2590 Mitchell 2940 Agricola 2080 Chalker 3530 Warthen 4040 Silas 4480 Sandersville 5000 Tennille 5450 5860 6100 6350 7002 7680 7960 8280 Savannah Pipemaker Godleys Mill Keller Coidbrook Blandford Springfield BRINSON RAILWAY 00 Bethel 606 Lorenzo 953 Shawnee 1142 Ardmore 1537 Kildare 1825 Leola 2520 Newington 2950 Hunters 3160 Williamson 3476 Kitson 3676 Sylvania i 3965 Lewis 4215 Hiltonia 4433 Mill Haven 4953 5163 5518 5803 6317 6870 7343 518 CENTRAL OF GEORGIA RAILWAY SAVANNAH TO ATLANTA Savannah O Herndon 901 Smarrs 2122 Clifton 47 Midville 963 Forsyth 2172 Pooler 82 Gertrude 1004 Colliers 2230 Bloomingdale 123 Wadley 1069 Goggins 2286 Meldrim 170 Bartow 1113 Barnesville 2333 Eden 193 Almira 1160 Milner 2398 Marlow 261 Davisboro 1222 Orchard Hill 2452 Pineora 275 Sun Hill 1301 Griffin 2513 Guyton 303 Tennille 1352 Experiment Tusculum 351 Oconee 1464 Vineyard 2540 Egypt 404 Beech Hill 1506 Pomona 2565 Oliver 459 Toomsboro 1549 Sunnyside 2583 Halcyondale 500 McIntyre 1617 Hampton Cameron 546 Gordon 1706 jiovejoy 2666 Dover 574 Lewiston 1749 Orrs 2708 Ogeechee 615 Griswold 1815 Jonesboro Rocky Ford 664 M A Junction 1867 Morrow f 2776 Scarboro 707 Macon 1908 Forest Park 2813 Parramore Hill 742 Macon Junction 1917 Hapeville Millen 788 Rivoli 1986 East Point 2881 Cushingville 830 Lorane 2031 McPherson 2906 Rogers 868 Bolingbroke 2060 Atlanta 945 MILLEN TO AUGUSTA Millen O Idlewood 145 Albion Lawton 50 Waynesboro 205 Allens Perkins 70 Greens Cut 270 Augusta Munnerlyn 105 McBean 328 Dover O Olito 51 Statesboro 99 Jimps 154 Register 187 Pulaski 233 DOVER TO BREWTON Parish 252 Metter 294 Canoe 344 Stillmore 387 Kitchens 429 Lexsy 442 Nunez 475 Covena 534 Norristown 566 Adrian 635 Scott 685 Brewton 769 GRIFFIN TO CHATTANOOGA Griffin 0 Vaughn 85 Brooks 128 Senoia 192 Turin 242 Sharpsboro 259 Raymond 299 New nan 360 Sargeants 417 Whitesburg 470 Banning 484 Clem 1 542 Carrollton 598 Mandeville 671 Bremen 728 Buchanan 805 Felton 879 Dugdown 900 Youngs 958 Cedartown 1012 Lake 1061 Caldwell 1089 Chambers 1141 Silver Creek 1148 Lindale 1159 Borne 1203 Morrisons 1255 Lavender 1310 Sprite 1357 Holland 1400 Talliaferro 1439 Lyerly 1458 Raccoon 1495 Summerville 1528 Trion 1573 Martindale 1642 Guild 1666 LaFayette 1708 Warrens 1755 Marathon 1766 Rock Springs 1795 Chickamauga 1845 Lytle 1878 Mission Ridge 1899 Rossville 1933 Shops 19W Chattanooga 1979 519 CENTRAL OF GEORGIA RAILWAY CHICKAMAHJGA TO DURHAM Chickamauga O Wests 60 Harps 30 Lula Lake 100 Chenchat 50 runkles 120 Continued Garys Camp Durham 130 173 Macon 0 Wise 40 Rutland 67 Walden 93 Echeconnee 120 Byron 170 Powersville 211 Deitzens 233 Fort Valley 288 Masseys Lane 340 Marshallville 363 Winchester 3901 Barrons Lane 437 MACON TO COLUMBIA Montezuma 489 Oglethorpe 505 Greens Mill 546 Andersonville 599 Bagley 665 Americas 703 Maddox 761 Sumter 798 Smith ville 830 Adams 887 Leesburg 957 Forrester 1015 Albany 1005 Walker 1169 Ducker 1195 Holts 1248 Leary 1286 Williamsburg 1339 Arlington 1416 Bryant 1484 Blakely 1546 Hilton 1647 rState Line near Columbia Ala 1669 LYERLY TO DEWEY Lyerly O Alabama State Line 70 Macon O Wise 40 Rutland 67 Walden 93 Echeconnee 120 Byron 170 Powersville 211 Deitzens 233 MACON TO COLUMBUS Fort Valley 288 Everetts 360 Reynolds 430 Butler 504 Tangent 550 Howard 596 Paschal 649 Geneva 704 Favors 740 Juniper 741 Box Springs 776 Upatoi 825 Schatulga 908 Muscogee 975 Columbus 998 CUTHBERT JUNCTION TO FORT GAINES Cuthbert O Jones 150 Killens Mill 200 Cuthbert Jctn 20 Pecan 170 Fort Gaines 220 Coleman 100 SMITHVILLE TO GEORGETOWN Smithville 0 Sbellman 245 Morris 455 Bronwood 82 Cuthbert 350 Hatcher 500 Dawson 143 Junction 370 Georgetown 575 Graves 180 Springvale 420 MACON TO ATHENS Macon O Round Oak 280 Madison 726 M A Junction 45 Hillsboro 338 Apalachee 819 Sand Pit 67 Adgateville 376 Farmington 889 Van Buren 72 Minneta 425 Bishop 920 Morton 156 Monticello 453 Watkinsville 957 Grays 177 Machen 532 Sidney 978 Bradleys 209 Shady Dale 540 Whitehall 1008 Wayside 245 Godfrey 620 Athens I 520 CENTRAL OF GEORGIA RAILWAYContinued GORDON TO PORTERDALE Gordon 0 Meda 343 Broughton 645 Ivey h 38 Eatonton 379 Newbern 67 0 Stevens Pottery 81 Williard 468 Mansfield 695 Carling 153 Athon 511 Hayston 715 Milledgeville 169 Aikenton 526 Starrsville 752 Meriwether 247 Machen 558 Covington 807 Dennis 293 Kelley 598 Railroad Street 810 Farrar 613 Porterdale 863 FORT VALLEY TO PERRY Fort Valley 0 Myrtle 60 Perry 124 AMERICUS TO COLUMBUS Americas 0 Elinview 320 Halloca 485 Dellerfox 50 Kinchefoonee 350 Sizemore 510 LaCrosse 90 Zelobee 375 Ochillee 533 Ellaville 148 Glen Alta 393 Bellefonte 580 Putnam 223 Ida Vesper 427 Muscogee 624 Doyle 250 Cuseta 460 Columbus 645 Buena Vista 290 COLUMBUS TO RAYMOND Columbus 0 Hamilton 241 Greenville 495 Nankipooh 74 Tip Top 276 Allie 549 Fortson 110 Chipley 328 Primrose 585 Hines Crossing 130 Meriwether WS Luthersville 632 Mobley 150 Springs 370 Bexton 671 Cataula 162 Stinson 400 Raymond 729 Kingsboro 202 Harris 451 BARNESVILLE TO THOMASTON Barnesville 0 Fambros 60 The Rock 85 Wilkinsons 30 Topeka Junction 65 Tbomaston 165 Middlebrooks 50 SAVANNAH TO TYBEE PASSENGERClass EFour Cents per Mile FREIGHTSee table below BETWEEN SAVANNAH AND ANY STATION Per ICO Lbs Per Bbl Per 100 Lbs Per Ton Pee Oar Load Per 100 Lbs Per Ton 2000 Lbs l 2 3 4 5 6 A B C D E F G H J K L M N 0 P R rM c3 O 6 m ow M 5045 40 30 25 20 20 20 15 12 20 25 10 2000 2000 1000 75 85 Savannah O Estin 140 Atlantic Club 160 St Augustine 50 Fort Screven 150 Hotel Tybee 180 McQueens 90 Point 160 South End 180 Lazaretto 130 Post Office 160 521 CHARLESTON WESTERN CAROLINA RAILWAY s 1190 1429 CHATTANOOGA SOUTHERN RAILROAD Chattanooga 0 Cravens 15 Alton Park hi 31 Woodburn Ga 63 Rock Creek 79 Flintstone 84 Moonsboro 89 Eagle Cliff 98 Chenchat Jetn 110 Westboro 120 Ironco 130 High Point 141 Kendrick 154 Henry 170 Cooper Heights 182 Cassandra 200 Kensington KAy 218 Estelle 239 Marshj 273 Chamberlain 297 Bronco 315 Sharpe 330 McConnells ville 350 Gulliver 360 Harrisburg OX 381 Teloga 396 Chelsea 428 Menlo v 462 Chesterfield 500 Jamestown v X 551 Blanche i i 575 Taff 596 Pleasanton 610 Congo 632 Little River v 648 Blue Pond 688 Bristow 734 Huffs Gap 787 Wilsonia 834 Citico 850 Gadsden Ala 917 FITZGERALD OCILLA BROXTON RAILROAD FITZGERALD TO IRWINVILLE Fitzgerald ft Frank 700 Paulks 1420 Dorminey 428 Henderson Hill 901 Mystic 1680 Barnes 598 Ocilla 1081 Irwinville 2052 FITZGERALD TO BROXTON Fitzgerald Dorminey Barnes Flournoy 0 428 Weavers Osierfield 926 1120 Hokesboro Towers 1844 2093 598 Thurman 1255 hrozton 2563 768 Horton 1620 FLINT RIVER NORTHEASTERN RAILROAD Ticknor 00 Hays Siding 596 Hinsonton 1370 Taylors 100 Sale City 810 Mapleton 1635 Smiths V 200 Akridge SiA 1042 Rogersville 1912 Terrace 533 Laneys 1161 Pelham 2303 Thomasville Cherokee FLORIDA CENTRAL RAILROAD OO Beverly 490 Hammond 1002 100 Myrtlewood V 620 Roddenbery 1303 FLOVILLA INDIAN SPRINGS RAILWAY Flovilla 0 Indian Springs 30 GAINESVILLE MIDLAND RAILWAY GainesvilleOO Candler 681 Klondike 814 Belmont V 933 Talmo 1221 Pendergrass 1507 Jefferson 2234 Guests 2564 Red Stone 2932 Clarksboro 3085 Attica 3307 Oconee Heights 3704 Athens V i 4132 522 GAINESVILLE MIDLAND RAILWAYContinued Belmont Hoschton Mulberry MONROE BRANCH OO Winder 1728 Walker Park 2919 839 Bethlehem 2192 Monroe 3250 1315 Campton 2639 GARBUTT DONOVAN SHORT LINE RAILROAD Lyons Alpine Q Poor Boy 50 Wheeler 110 20 Ozona 90 Oak Park 150 Augusta Wheeless Belair Grovetown Forrest Berzelia Campania Harlem Saw Dust Dearing Bonesville Thomson Mesena Camak GEORGIA RAILROAD AUGUSTA TO ATLANTA OO Norwood 5059 Alcovy 12475 4 90 53 M t 5300 Hazelbrand 12701 9 89 Barnett 5798 Covington 12993 1515 orawfordville 6446 Almon 13318 1614 Robinson 7048 Conyers 14042 2074 Union Point 7612 Lithonia 14646 2315 Greensboro 8321 Redan 15029 24 62 Carey 8934 Stone Mountain 15526 25 76 Swords 9180 Clarkston 16033 2892 Buckhead 9566 Scottdale 16250 3253 Madison 10330 Decatur 16480 37 38 Dorsey 10786 Glifton 16725 4306 Rutledge 11222 Atlanta 17100 4694 Social Circle 11936 Camak Warrenton Mayfield Coleman Culverton Granite Hill Sparta MACON TO CAMAK OO GlenFord 2760 Browns 5400 375 Devereux 3225 Haddocks 5810 1275 Carrs 3575 James 6425 1728 Oconee Siding 4325 Roberts 89U 1950 Milledgeville 4530 C E R Junction 7400 2130 State Farm 4775 Maeon 78UU 2380 Union Point Woodville Bairdstown Maxeys ATHENS BRANCH OO Stephens 1554 Dunlap 3020 471 Hutchings 1900 Wintersville 3198 646 Crawford i 2202 Athens 3900 1245 Arnoldsville 2710 Barnett Sharon WASHINGTON BRANCH OO Hillman 662 Little River 3 84 Ficklin 940 Washington 1740 Social Circle MONROE BRANCH OO Gresham 510 Monroe 1010 523 GEORGIA FLORIDA RAILWAY AUGUSTA TO MADISON FLA Augusta O Keysville 259 Allene 279 St Clair 323 Gough 365 Vidette 405 Rosier 447 McGruder 486 Lawsons Crossing 5101 Midville 557 Stevens Crossing 592 Summertown 614 Blun 649 Modoc 679 Swainsboro 723 Wesley 797 Lombard 841 Colespur 894 Jet Millen Branch 918 Normantown 931 Vidalia 1006 Petros 1065 Sharpeville 1091 0 Stillmore 139 Thrift 352 13 Wade 208 Butts 380 23 Graymont 242 Emmalane 410 55 Summit 252 Harmony Jet 422 78 Garfield 309 Milieu 456 97 BROXTON BRANCH 0 Broxton 86 Sapps Still 155 13 Clyatts 118 McLeans 174 25 Pridgen 140 Barrows Bluff 202 54 SPARKS BRANCH O Massee 70 Sparks 122 Cottle 45 Whittles 95 GEORGIA COAST PIEDMONT RAILROAD Lower Bluff Dock O Bellville 150 Blocker 557 Darien 17 Darien Junction 229 Alton 42 Tibet 309 Glennville 590 Ridge 47 Goosepond 345 Kicklighter 608 58 370 Lynn 622 Meridian 84 Ludowici 399 Purvis 642 Hudson 93 Hilton Junction 433 Bradleys 660 Valona 107 Wefanie 452 Tootle 686 Oak Hill 119 Roderick 476 Hughland 702 Crescent 129 Donald 499 Reidsville 746 Eulonia 172 Beards Creek 545 Collins 815 Normantown Jet Millen Branch Penhoopee Oak Park Ohoopee Park Kenfleld Douglas Jet Broxton Branch Blystone Lotts TVTo eliirillo Alston 1116 Uvalda 1153 Charlotteville 1172 Orico 1218 Bazlekurst 1288 Roper 1350 Goldsmith 1362 Brooker 1386 Denton 1409 Lehigh 1439 Garrant 1487 Huffier 1538 Jet Broxton Branch 1582 Douglas 1595 Vickers 1648 St Ilia 1670 Mora 1693 OBerry 1718 Towanda 1750 Willacoochee 1768 Bannockburn 1814 Crenshaw 1846 Weber 1872 Whites 1897 Boxie 1910 Delta 1929 Naskville 1942 Sneed 1967 Allenville 2002 Rays Mill 2039 Barrett 2089 Seaford 2130 Bemiss 2144 Valdosta 2222 MacVille 2258 Dees 2286 Briggston 2303 Clyattville 2325 Lola 2339 Olympia 2356 Pinetta Pla 2398 Hanson Fla 2430 Calhoun 2462 Madison 2497 MILLEN BRANCH 524 GEORGIA FLORIDA ALABAMA Cnthbert OO Rowena 3041 Central Junction 56 124 Mile Post 3182 Barney 406 Damascus 3620 Randolph 808 Warrens Mill 3790 Carnegie 993 Corea 4100 Moye 1200 Colquitt 4500 Edison 1635 Nicholasville 4860 Turman 2080 Babcock 5100 Mile Spur 2182 Eldorendo 5485 C of Ga Crossing 2502 99 Mile Post 5682 Arlington 2630 Lynn 5970 CUTHBERT TO KIMBROHJGI Cnthbert OO Benevolence 981 White House 435 Gore 1159 Wades 735 Troutman 1380 RAILWAY Whites Mill j 6185 Douville 62s5 West Bainbridge v 6475 Bainbridge 6610 Thomason 6736 Bower 7370 Attapulgus 7804 Laingkat 8030 Florida State Line 8274 Tallahassee 10600 1610 GEORGIA GRANITE RAILROAD Litlionia i O Rock Chapel Mtn 40 GEORGIA NORTHERN RAILWAY Boston OO Cooper 2500 Bridgeboro 4839 Spengler 272 Corbetts 2600 Jenkins 5024 Oaklawn 541 Moultrie 2858 Gantt 5138 Barwick 843 Blasingame 3293 Willie IV 5400 Hllis 1056 Schley 3363 Nelms 5565 Pavo 1300 Jacksons 3646 Ramsey 5700 Shelley 1562 Sigsbee 3700 Wetherbee 5900 Berges 1664 Doerun 4151 Strom 6122 Ione 1700 Ticknor 4300 Darrow 6400 Autreyville Mauzy 2040 2343 Pritchett 4566 Albany 6744 GEORGIA SOUTHERN FLORIDA RAILWAY XIacon Macon Yard Sofkee Avondale Wellston Ttnnair OO 127 786 1061 1598 91 9Q Dakota Worth Ashburn Sycamore Inaha 7922 8146 8477 8737 9161 Mayday Haylow Thelma Headlight Colon 16759 17373 17867 18558 18957 Kathleen 2484 Chula 9813 Council lvoAA 20436 Tivola 2898 Tifton 10521 Ewing 20568 Grovania 3491 Eldorado 11191 Eddy Fla 21617 Elko 3839 Lenox 11806 Baxter Fla 22263 Unadilla 4391 Osgood 12038 Moniac Ga 22316 Pinehurst 4879 Sparks 12554 St George Ga 23429 Findlay 5168 Adel 12769 Kent Fla 23903 Vienna 5615 Cecil 13422 Crawford 24412 Richwood 5945 Hahira 13814 Plummer 25039 Cordele 6451 Mineola 14426 Kingsgrove 25425 Wenona 6918 Valdosta 15163 Hoyt 25663 Arabi 7444 Blanton 16118 Grand Crossing 25817 Sibley 7754 Howell 16497 Jacksonville Fla 26178 525 GEORGIA SOUTHERN FLORIDA RAILWAYContinued B DIVISION Macontv r 0O Dasher 15756 r Melrose 16720 Valdosta 15163 Lake Park t 16300 Palatka Fla 28600 GEORGIA SOUTHWESTERN GULF RAILROAD Albany V OO Philema 1442 Williams Still 2609 Smiths 548 Starr Farm 1581 Raines 2757 Beloit 748 Oakfield 1759 Milldale 2872 Walters 1034 Warwick 2227 Cordele 3500 Hawkinsville OO Tippetts 336 Cbancey 536 Wallace 691 Millerville 888 Finleyson 1183 Pineview 1301 Bartonville 1532 Pope City 1780 Seminole 1945 McCall 2287 GULF LINE RAILWAY Pitts i 2500 Bush 2880 Double Run 3115 Davisville 3356 Amboy t 3617 Worth 7t 4233 Askburn 4549 Josella 4878 Hobby 1 5099 Holts 5290 Terrell 5472 Smiths 7 5598 Shingler 5833 Wordsville 6100 Sylvester 6328 Gorday 6787 Alfords 7067 Parkerville 7238 Jenkins Siding 7400 Corbetts Switch 7578 Bridgeboro 7627 HARTWELL RAILWAY Bowersville j OO Hartwell 1010 LAWRENCEVILLE BRANCH RAILROAD Bawrenceville OO Suwanee m 1000 LEXINGTON TERMINAL RAILROAD Lexington OO Crawford 358 LOUISVILLE NASHVILLE RAILROAD Marietta Elizabeth Oakhurst Blackwells Woodstock Toonigh Holly Springs Univeter Canton Keithshurg Gober BETWEEN MARIETTA AND KNOXVILLE OO Bannister 195 Ball Ground 373 Nelson 729 Tate t 1208 Jasper 1587 Westbrook 1803 Talking Rock 2005 Oarns Mill 2365 Whitestone 2905 Talona 3253 3303 Ellijay 6711 3524 Northcutt 7099 3873 White Path 7276 4148 Cherry Log 7530 4643 Lucius 7699 4872 Blue Ridge 8245 5279 Curtis 8791 5477 Kyle rrrr 9229 5708 Etowah Tenn 14353 5994 Knoxville Tenn20363 526 LOUISVILLE NASHVILLE RAILROADContinued ATLANTA TO KNOXVILLE VIA CARTERSVILLE Atlanta 00 Fairmount 6805 Eton 9630 Cartersville 4762 Ranger 7257 Crandall 9939 Junta 4896 Oakman 7712 Fairy 10295 White 5676 Coniston 8247 Cisco 10537 Rydal 6062 Ramburst 8690 Etowah Tenn 13648 Bolivar 6369 Chatsworth 9226 Knoxville Tenn 19658 MURPHY BRANCH Bine Bidge OO Sweet Gum 1157 Murphy N C 2527 Mineral Bluff 468 CRANDALL BRANCH t Crandall 00 Grassy Mountain 112 ROLUMCO BRANCH Bannister OO Rolumco 109 LOUISVILLE WADLEY RAILROAD WadleyOO Aldreds 670 Louisville 1000 Moxley 470 i J MACON BIRMINGHAM RAILWAY Macon 0 Dyas 327 Woodbury Sofkee 80 Culloden 390 Snelsons Skippertons 118 Yates ville 435 Biarris Hardys 155 Upson 497 Odessadale Lizella 208 Thomaston 568 Mountville Montpelier 255 Crest 657 Robertsons Morans 283 Thunder 699 LtaGrange MACON DUBLIN SAVANNAH RAILROAD Macon M N Junction tSwift Creek Dry Branch Atlantic Pikes Peak Fitzpatrick Ripley Jeffersonville OO Gallemore 200 Danville 550 Allentown 977 Montrose 1111 Haskins 1290 Dudley 1597 Shewmake 1774 Moore 2334 Dublin 2807 Catlin 3174 Minter 3346 Rockledge 3802 Irland 4037 Soperton 4289 Tarrytown 4577 Ribbee 4876 Vidalia 5399 752 801 833 906 946 994 1048 5966 6372 6869 7040 7685 8140 8457 9283 MILLTOWN AIR LINE RAILWAY NaylorO Carters 50 Milltown 10 MILSTEAD RAILWAY ConyersO Millstead 29 OCILLA PINEBLOOM VALDOSTA RAILWAY Pinebloom OO Louthers Still 288 Gaskins Still 8W Wlllachoochee 100 Metts Siding 500 Tax G F Depot 113 527 OCILLA SOUTHERN RAILROAD O Mixon 50 Lucy Lake 120 Reason 13 Gladys 90 Alapaha 159 Melvin 30 Barrineau 104 PELHAM HAVANA RAILROAD Cairo 0 Gradyville 30 Cranford 70 REGISTER GLENNVILLE RAILWAY Register OO Hagan 1750 Moody 2700 New Hope 215 Claxton 1909 Easterling 2825 Dink 350 Winburn 1868 Coe 600 Tifian 2300 Birdford 3225 TJndine 1123 Jennie 2625 Glennville 3550 Brookland 1350 ROME NORTHERN RAILROAD Rome OO Armuchee 931 Storys Mill 1474 West Rome Yard 132 Thomas 1076 Shackelton 1702 Gammon 433 Crystal Springs 1334 Gore 1877 Brayton 675 SANDERSVILLE RAILROAD Saiidersville OO Tenaille 400 SAVANNAH AUGUSTA NORTHRERN RAILWAY Statesboro 0 Portal 120 Miley Colfax 50 Aaron 170 Garfield Bland 90 SAVANNAH SOUTHERN RAILWAY Norden O Letford 67 Strumbay 97 SAVANNAH STATESBORO RAILWAY Cuyler OO Hubert 1238 Brooklet Blitchton 418 Stilson 1615 Grimshaw Eldora 653 Areola 1940 Pretoria Olney 853 Sherwood 2100 Statesboro Ivanhoe 1059 2400 2640 2834 3260 Savannah Meinhard Exley SEABOARD AIR LINE RAILWAY SAVANNAH TO SOUTH CAROLINA LINE OO Rincon 1910 Clyo 1110 Stillwell 249D Columbia S 1580 Berrys 3100 3250 C 14170 9 528 SEABOARD AIR LINE RAILWAYContinued COLUMBUS TO ALBANY Columbus OO Richland 3900 Dawson 6550 Esquiline 520 Savilles 4400 Sasser 7250 Masseys 800 Kimbroughs 4500 Stevens 7500 Ochillee 1100 Weston 4810 Armena 77 on Sulphur Springs 1350 Leveretts 5180 Oakland 7800 Psalmonds 1500 Cnambliss 5410 Palmyra 82501 Cusseta 1850 Parrott 5640 Vasons No 1 8400 Renfroes 2800 Belmont 6150 Albany 8800 Brooklyn 3220 FITZGERALD BRANCH Abbeville OO Bowens Mill 1240 Whitley 2680 Cortez 410 Queenland 1580 Huff 2800 Browning 570 Lulaville 1760 Ensigns 2900 Forest Glen 930 Fitzgerald 2180 Ocilla 3080 Carswell 1060 ATLANTA TO CALHOUN FALLS S C Atlanta 00 Luxomni 2520 Hull VI v 7920 Howells Linneville 300 420 McFalls Spur Glouster 2770 2860 Colbert Comer 8410 8960 Deerland Park 560 Iiawrenceville 3450 Berkeley 9520 Mina 710 Daeula 4050 Oglesby 9970 Chesire 800 Auburn 4510 Ethridge 10290 Calhoun 900 Winder 5160 Elberton 10730 Goodrich 1000 Houses 5820 Middleton 11310 Belt Junction 1110 Statham 5950 Pearl 11620 Montreal i Tucker 1530 1800 Bogart McLeroy 6350 6880 Heardmont Calhoun Falls S 11750 Caldwell Lilburn 2120 South Athens 7100 C 2360 Athens 7290 ATLANTA TO BIRMINGHAM 12410 Howells OO Dallas 2745 Cedar town 5645 Edna 526 9 g Thomas 3353 Akes 6119 6590 Floyd 1141 Rockmart 4364 Esom Birmingham Ala Powder Springs Hiram 1712 Rish 2184 Grady CARTERSVILLE TO 4877 18th St 5052 ROCKMART 16298 Cartersville OO Stilesboro 929 Davittes 1738 Ladd Brown 338 599 McGinnis Taylorsville 1155 1383 Aragon Rockmart 1879 2282 Shelmans 695 Heaton mt a 1610 LOGANSVILLE LAWRENCEVILLE BRANCH Lawrenceville OO Grayson 530 Logansvillej 1033 529 Savannah Anderson Burrough Ways Haskell Belfast Limerick Dorchester Riceboro Hewitts SEABOARD AIR LINE RAILWAYContinued SAVANNAH TO FLORIDA LINE OO Jones 3880 Glencoe 910 Darien Jctn 4190 Waverly 1100 Townsend 4580 White Oak 1520 Cox 5220 Satilla River 1950 Altamaha Sand Pit 5370 Voodbine 2020 Altamaha River 5528 Colesburg 2380 Everett 5850 Seats 2690 Jenks 6370 Kingsland 3150 Thalman 6590 Jacksonville 3260 Bladen 6940 7690 7980 8360 8769 8810 9120 9490 9990 Fla 13 720 Savannah Reka Groveland Surrencys Min Cummings Mill OO Vidalia 7984 Coney 1730 Higgston 8354 Hugenin 1983 McGreggors 8734 Cobb 2178 Ailey 8984 DeSoto 2394 Mt Vernon 9104 Leslie 2700 Ochwalkee 9464 Parkers 2894 Glen wood 9644 Huntington 3200 Stuckey 10074 Allens 3527 Alamo 10354 Gatewood 3923 Erick 10724 Americus 3953 Helena 11364 New Point 4400 Milan 12394 Salters 4471 Morton 12860 Plains 4884 Rhine 13264 Wise 5064 Abbeville 13904 Preston 5306 Kramer 14430 Richland 5578 Rochelle 14824 Randalls 5620 Pine City 15114 Lumpkin 6115 Fitts 15334 Louvale 6345 Seville 15714 Uhion 6830 Listonia 16060 Omaha 7464 Penia 16314 Montgomery Ala 7564 Cordele 16814 20760 SMITHSONIA DUNLAP RAILROAD Dunlap OO Smithsonia 615 SMITHSONIA DANIELSVILLE CARNESVILLE RAILROAD SmithsoniaOO Colbert 475 SOUTHERN RAILWAY ATLANTA TO SOUTH CAROLINA LINE Atlanta Peachtree Armour Ottley Roxborough Crosskeys Chamblee Doraville 0 49 60 81 89 108 135 148 Duluth Suwanee Buford Flowery Branch Oakwood Gainesville New Holland Hall 1 254 308 372 439 476 533 552 585 Bellton Yonah Alto Baldwin Cornelia Mt Airy Ayersville 666 700 739 760 780 799 867 93 3 Norcross Pittman 195 220 White Sulphur Lula 592 657 Deercourt 985 530 Atlanta Roseland Constitution Norton Henrico Conley Ellenwood Rex Stockbridge Makers Quarry Tunis Flippen McDonough Locust Grove Jenkinsburg Jackson Flovilla Cork Berner Juliette Polhill Dames Ferry Popes Holton Virgin Macon Reid Phillips Twiggs Bullard Adams Park Atlanta Howell Peyton Chattahoochee Oakdale Nickajack Mableton Austell Powder Springs Hiram Dallas McPherson Braswell Rockmart Aragon Atlanta Howell Peyton hattahoochee Oakdale Nickajack SOUTHERN RAILWAYContinued ATLANTA TO BRUNSWICK 0 Ettrick 1100 Pine Grove 1986 31 West Lake 1139 Prentiss 2019 62 Ainslee 1164 Baxley 2051 67 McGriff 1205 Wheaton 2090 80 Coley 1225 Surrency 2146 97 Cochran 1265 Brentwood 2195 1 9 Q TC 1 322 Odum 2255 147 Carne 1340 Nesbit 2304 188 Dubois 1352 Ellis 2320 200 Gresston 1368 Jesup 2351 226 Dempsey 1389 Odessa r 2400 243 Williams Mill 1445 Gardi 2417 283 Eastman 1451 Bennetts Still 2430 355 Amoskeag 1470 Pendarvis 2449 404 Godwinsville 1502 Burbank 2470 458 Chauncey 1547 Grangerville 2473 508 Soumi 1562 Akin 2498 541 Cox 1567 Mount Pleasant 2519 598 Hannson 1600 Everett 2556 643 Achord 1605 Weinkle 2560 690 Helena 1637 OBrien 2570 719 McRae 1651 Belle Vista 2581 743 Scotland 1701 Satterwaite 2600 792 Towns 1751 Zuta 2620 820 Day 1800 Sapps Still 2616 875 Dumber City 1819 Walburg 2630 971 Ocmulgee 1830 Sterling 2657 990 Hazlehurst 1892 Southern Junction 2692 1020 Johnson ville 1943 Dock Junction 2717 1038 Graham 1953 Brunswick 2748 1078 ATLANTA TO CHATTANOOGA 0 Lang 548 Shannon 816 23 Ravenel 560 Pinson 831 68 Hamlet 60 Plainville 864 7 A 588 Reeves 906 90 Byrd 605 Oostanaula 921 120 620 Sugar Valley 974 148 Carey 660 Hill City 1002 180 Chambers 665 Carbondale 1036 228 Silver Creek 673 Phelps 1076 279 Lindale 687 Dalton 1126 339 Atlanta Junction 705 Waring 1178 395 Home 728 Varnell 1218 445 North Rome 745 Oohutta 1260 509 Berwin 776 Chattanooga 1524 542 ATLANTA TO BIRMINGHAM O Mableton 148 Temple 450 23 Austell 180 Bremen 528 68 Lithia Springs 205 Waco 557 76 Douglasville 265 Tallapoosa 633 90 Winston 318 Hooper 675 120 Villa Rica 378 Birmingham Alalbbo 581 SOUTHERN RAILWAYContinued ATLANTA TO FORT VALLEY Atlanta O Sawtell 39 Cornell 56 Haasville 89 Thames 104 Rlverdale 147 Selina 163 Gay 175 Helmer 180 Kenwood 193 Fayetteville 240 Harp 270 Ackert 293 Woolsey 310 Lowry 345 Flint River 360 Vaughn 369 Zetella 400 Williamson 443 Zebulon 505 Meansville 550 Vega 581 Piedmont 604 Topeka Junction 645 Rest Haven 660 Yates ville 704 M B Crossing 740 Culloden 757 Musell 823 Roberta 883 Hammett 930 Gaillards 941 Rollo 960 Zenith 980 Lee Pope 988 Fort Valley 1047 COLUMBUS TO McDONOUGH Columbus 0 Shiloh 334 Williamson 719 Junction 10 Nebula 374 Rover 739 Rose Hill 20 Warm Springs 419 Griffin 796 Gentian 59 Raleigh 459 Flat Rock 102 Woodbury 509 Towalga 869 Midland 134 Molena 559 Luella 904 Ellerslie 179 Neal 589 Brown 91 4 Ossahatchie 199 Concord 632 Greenwood 939 Waverly Hall 232 Jolly 669 McDonough 979 Oak Mountain 276 Reidsboro 679 toccoaelberton Toccoa 0 Bowersville 240 Hard Cash 421 Hayes Crossing 47 Canon 264 Dewy Rose 439 Eastanollee 72 Royston 308 Goss 464 Avalon 111 Fellowship Church 343 Elberton 504 Martin 121 Bowman 383 Lavonia 185 Harper 409 ATHENS BRANCH Athens 0 Commerce 184 Gillsville 316 Center 73 Wilsons Church 209 Lula 389 Nicholson 115 Maysville 258 CLEVELAND COHUTTA BRANCH Cleveland Tenn 0 Marble Switch 87 Red Clay 127 Blue Springs 58 Weatherly 109 Cohutta 148 DOCK BRANCH Dock Junction O E T Docks 18 HAWKINSVILLE BRANCH Cochran O Mobley 53 Hawkinsville 101 Chamblee 0 Wilsons Mill 30 ROSWELL BRANCH Dun woody 53 Morgan Junction 60 Roswell 98 532 SOUTHERN RAILWAYContinued Howell 0 ATLANTA Thompson BELT LINE 19 Armour Nortk Rome 6a 0 ATTALLA Oreburg AND ROME 104 Early Ala Huffaker 61 Coosa 132 Gadsden Robinson 90 Mt Hope 160 Attalla Ala BETWEEN ROME AND SELMA Rome O Vans Valley 131 Etna Atlanta Junction Cunningham 23 86 Cave Spring Prior 151 220 Selma VILLA RICA BRANCH Villa Rica 0 V C C Cos Mines 29 SOUTH GEORGIA WEST COAST RAILWAY Adel OO Morven 1575 Quitman 2852 Greggs 608 Kennedys 1800 Baden 3319 Barney 1088 Spain 2184 Empress 3652 Marchman 1400 Fodie 2281 Florida State Line 3851 SPARKS WESTERN RAILROAD Sparks O Bayboro 87 Fineboro Noia 47 Ellenton 100 ST MARYS KINGSLAND RAILROAD KingslandO Arnow 80 Scottsville 50 St Marys 110 150 SYLVANIA GIRARD RAILROAD COMPANY Sylvania O Zeigler 55 Kolb Gem Waters 17 Woodcliff 78 Rocky Ford 98 145 TALBOTTON RAILROAD TalbottonOO Bostwick 663 Cornelia Demorest Habersham Clarksville Hills Anandale Hollywood Tifton Glovers Switch TALLULAH FALLS RAILWAY OO Turnerville 1605 Tiger 438 Tallulah Lodge 1977 Clayton 602 Tallulah Falls 2090 Mountain City 7 31 Joy 2565 Rabun Gap sb8 Mathis 2667 Dilliards 1074 Wiley 2821 Franklin N C 1298 3173 3507 3811 4090 4195 5756 TIFTON TERMINAL 0 Willis Switch 40 Waterloo Siding COMPANY 80 Fletcher Siding v 100 Telephone Log Siding 135 150 533 UNION POINT WHITE PLAINS RAILROAD Union Point 00 Caldwells 500 Jarrells 1213 White Plains Siloam 643 White Plains 1363 Junction 162 VALDOSTA MOULTRIE WESTERN RAILROAD Valdosta OO Troupville 600 Killian 791 Cates 900 Golden 1075 Tillman 1310 15 Mile Post 1500 Morven 1700 Scruggs 2287 Joyce 2400 Simpson 2500 Berlin 2895 Troy 3ioo Weldon 3300 Evelyn 3625 West Broad Hgts 4000 Monltrie 4200 WADLEY SOUTHERN RAILWAY Wadley OO Creek Junction 80 Greenway 460 Blundale 830 Smithton 900 WADLEY TO COLLINS Dellwood 1420 Swainsboro 1980 Gary 2330 McLeod 2650 Stillmore 3300 Aline 3970 Corsica 4070 Cobbtown 4550 Jarriels 4950 Collins 5300 WADLEY TO ROCKLEDGE Kite 148O WadleyOO Creek Junction 80 Pinetuckey 600 Ennis 1050 Tom 1280 Hodo 1690 Meeks 2060 Odom ville 2470 Adrian 2740 Rixville 2920 Orianna 3300 Rockledge 3700 Atlanta Simpson Street Howells Bolton Gilmore Vinings Smyrna Marietta Elizabeth Noonday Kennesaw Lena Acworth WESTERN ATLANTIC RAILROAD OO Hugo 3904 90 Allatoona 4007 303 Bartow 4222 688 Emerson 4301 942 Etowah 4593 1112 Cartersville 4759 1498 Junta 4809 2043 Rogers 5089 2180 Cass 5236 2616 Bests 5541 2865 Kingston 5868 SBOS Cement 6055 3460 Halls 6364 Adairsville 6851 McDaniels 7472 Calhoun 7806 Resaca 8397 Tilton 9031 Dalton 9910 Rocky Face 10386 Tunnell Hill10684 Catoosa 11300 Ringgold 11453 Graysville 12028 Chickamauga Tenn 12602 Chattanooga 13677 KingstonOO Wooleys 305 Eves 717 ROME BRANCH Dykes 1125 Freeman 1237 Brick Yard 1552 Rome 1810 534 WRIGHTSVILLE TENNILLE RAILROAD Tennille O Peacocks 60 Harrison 95 Donovan 133 Wrightsville 165 Meadow 214 Liovett 236 Manning 255 Brewton 278 Condor 325 Dublin 362 S W Junction 389 Harlow 419 Vincent 440 Springhaven 467 Dexter 488 Alcorns 526 Chester 553 Yonkers 598 Roddy 620 Empire 654 Baileys Park 692 Hawkinsville 770 Southwestern Junction 1 Tingle Mayberry SOUTHWESTERN DIVISION Rentz 104 Plainfield 206 Cadwell 148 Giddens 222 Batson 173 Sutherland 232 Leon 196 Eastman 284 Rules Tariffs and Classifications GOVERNING EXPRESS COMPANIES 536 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 Applying Over All Lines Except Those Shown Under Special Local Merchandise Tariffs Kates per 100 lbs RATES PER 100 POUNDS 4 30 40 50 60 70 80 90 1001 105 1151 1 1201 CO o 135 140 Distance MILES 20 40 60 80 100 130 160 180 200 1 2501300 350 400 450 Miles Cents Packages Less Than 100 Lbs 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 90 131 to 160 90 Over 50 not over 60 25 30 35 45 55 60 65 70 75 85 95 100 105 110 11 to 180 1 00 Over 60 not over 70 25 35 45 50 60 70 75 80 95 100 110 120 130 130 1 si to 200 1 05 Over 70 not over 80 30 40 50 60 70 75 90 100 105 115 120 130 135 140 140 140 01 to 250 1 15 Over 80 not over 90 30 40 50 60 70 80 90 100 105 115 120 130 135 251 to 300 1 20 Over 90 not over 100 30 40 50 60 70 80 90 100 105 115 120 130 135 Packages weighing five pounds and under company for any distance within this State more companies each company may charge 25 shali not be charged more than 25 cents by one but when such packages are handled by two or cents less 20 per cent TARIFF B Governing Perishables Etc Rates Per Hundred Pounds and Graduated Rates for Packages Weighing Less than One Hundred Pounds As fixed by the Railroad Commission of Georgia Distance Rates per 100 lbs RATES PER 100 POUNDS 30 30 35 40 45 50 55 MILES 9 20 40 60 80 100 130 160 Miles Cents Packages Less Than 100 Lbs 1 to 450 Over 0 not over P 25 25 25 25 25 25 25 1 to 20 30 Over 5 not over 1 25 25 25 25 25 25 25 21 to 40 30 Over 10 not over 2 25 25 25 25 25 25 30 41 to 60 35 Over 20 not over 30 25 25 25 25 25 30 30 61 to 80 40 Over 30 not over 4 25 25 25 25 30 30 35 81 to 100 45 Over 40 not over 50 25 25 25 30 30 35 40 101 to 130 50 Over 50 not over 60 25 25 30 30 35 40 40 131 to 160 55 Over 60 not over 70 25 30 30 35 40 45 45 161 to 180 60 Over 70 not over 80 30 30 35 40 45 45 50 181 to 200 65 Over 80 not over 90 30 30 35 40 45 50 55 201 to 250 70 Over 90 not over 100 30 30 35 40 45 50 55 60 65 70 75 80 180 2001250 3001350 400 450 85 INUTJdJ rathttgco xi v vJ puuuuo auu toy one company for any distance within this State but when such or more companies each company may charge 25 cents less 20 per charged more than 25 cent packages are handled by tw cent 537 TARIFF E Governing the following perishables when carried by Express Companies Dressed Poultry Fresh FIsh Fresh Meat Butter and Sausages Rates Per Hundred Pounds and Graduated Rates for Packages Weighing Less than One Hundred Pounds on above articles As fixed by the Railroad Commission of Georgia Distance Rates per 100 lbs RATES PER 100 POUNDS 49 25 25 25 27 30 35 40 43 45 50 54 58 60 63 MILES 49 20 40 60 1 80 100 J 130 160 180 200 250 300 350 I 4001450 1 Miles 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 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 20 25 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 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 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 60 161 to 180 43 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 51 58 60 63 MILK TARIFF Rates on Milk per can depot delivery only Empties to be returned free Milk not for depot delivery Tariff E rates Miles Per 5gallon can Per 8gallon can Per 10gallon can 5 6 cents 9 cents 11 cents 10 7 11 14 15 8 12 15 20 9 1 14 1 16 25 9 14 18 30 9 14 18 35 10 16 20 40 10 16 20 45 11 17 21 50 11 17 21 55 12 18 23 60 12 18 23 65 13 20 26 70 13 20 26 75 14 22 27 80 14 22 27 85 15 i 23 29 90 15 23 29 95 15 24 30 100 16 25 31 125 18 27 33 150 20 1 29 35 175 22 31 37 a 200 23 32 38 225 24 33 39 250 over 25 34 40 Cream or Milk in cans packed in ice same rates per hundred pounds as apply on tengallon cans of milk in above tariff 538 SPECIAL LOCAL MERCHANDISE TARIFFS The following tariffs covering merchandise rates only are applicable over the lines named in said tariffs respectively Atlanta Birmingham Atlantic R R Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 15 40 15 25 50 25 40 60 40 50 65 50 70 75 70 85 80 85 100 90 100 120 100 120 140 110 140 160 140 160 200 125 200 220 130 220 250 135 250 260 140 260 270 140 270 280 140 280 290 145 290 300 300 310 310 320 150 320 340 150 340 350 Brinson Railway Over Miles A And Not Over Miles 7 Merchandise Per 100 Lbs 40 7 191 40 12 1 K 1K 40 17 50 ID 1 7 90 50 J on 50 aU OO 2 50 9K 97 60 O 97 32 60 1 QiO 37 60 97 40 60 u l 49 65 AO 47 65 t An 0 65 t 1 CA 70 75 OU TA RK 80 1 U 1ftO 90 ou Fitzgerald Ocilla Broxton R R Over Miles n And Not Over Miles 7 Merchandise Per 100 Lbs 40 12 15 40 15 17 50 17 20 50 20 22 50 22 25 50 25 27 60 27 32 60 32 37 60 37 40 60 40 42 65 42 47 65 Flint River Northeastern R B Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 15 40 15 2b 50 25 40 60 40 50 50 70 75 70 85 80 85 100 90 Georgia and Florida Railway Over Miles 0 15 25 40 50 70 85 100 120 140 160 And Not Over Miles 1K Merchandise Per 100 Lbs 40 25 50 40 60 50 65 7ft 75 RK 80 100 90 120 140 100 110 1n 110 200 125 Georgia Coast Piedmont R B Over Miles 0 7 12 17 20 22 27 32 37 40 47 And Not Over Miles 7 Merchandise Per 100 Lbs 30 12 36 17 41 2ft 45 92 45 27 50 32 54 37 59 4ft 62 47 62 52 63 539 52 5768 57 6069 60 62 69 62 67 74 67 77 75 77 80 77 80 8277 82 8780 87 92 83 Georgia Southwestern Sc Gulf Railway Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 10 35 10 15 40 15 20 45 20 25 50 25 30 55 30 35 60 Gulf Itine Railway Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 7 40 7 12 40 12 15 40 15 17 50 17 20 50 20 22 50 22 25 50 25 27 6u 27 32 60 32 37 60 37 40 60 40 42 65 42 47 65 47 50 65 50 52 75 52 57 75 57 60 75 60 62 75 62 67 75 67 70 75 70 72 80 72 77 80 77 8u 80 80 82 80 82 85 80 85 87 90 87 92 90 92 97 90 Macon and Birmingham Railway Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 5 30 5 10 40 10 15 45 15 20 45 20 25 50 25 30 55 30 35 60 35 40 60 40 45 60 45 5b 65 50 55 70 55 60 70 60 65 75 65 70 75 70 75 75 75 80 75 80 85 80 85 90 80 90 95 85 95 100 90 100 110 90 Rome Sc Northern Railroad Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 7 40 7 12 40 12 15 40 15 17 50 17 20 so 20 22 50 South Georgia and West Coast Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 20 45 20 40 65 40 65 75 65 90 Stillmore Air Line Over And Not Merchandise Miles Over Miles Per 100 Lbs 1 20 45 20 40 60 40 60 75 Wrights ville Sc Tennille Railroad Over And Not Merchandise Miles Over Miles Per 100 Lbs 0 20 40 20 40 60 40 60 65 60 80 75 540 RULES RULE I 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 II 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 where such packages are handled by two or more companies each company may charge 25 cents less 20 per cent RULE III 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 IV Graduated rates apply to matter weighing less than one hundred pounds RULE V Two or more packages weighing each 10 pounds or over forwarded by ol shipper at the same time to one consignee may be charged for on in aggregate weight as above Packages weighing less than 10 pounds m shipped as in the foregoing section may be aggregated provided they are es mated and charged for as weighing 10 pounds each Actual weight only must entered on the waybill If articles of different classes are aggregated m charge may be made at the rate applying to the highest class RULE VI Valuation ChargesWhen the value of any merchandise shipment C 0or otherwise exceeds 5000 the following additional charge may be made value Charge for value whether insured or not When merchant rate is 100 or less per 100 pounds 5 cents for each 10000 value or fraeti thereof When merchandise rate exceeds 100 and not more than 3w p 100 pounds 10 cents for each 10000 value or fraction thereof These rat apply only to packages or shipments of merchandise jewelry and vaiuau papers 541 RULE VII If C O D matter is refused or can not be delivered the shipper must be immediately notified and if not disposed of within thirty days after such notice it may be returned subject to charge both ways RULE VIII Gunpowder Dynamite Kerosene Benzine Naptha Gasoline Matches and all other explosive or dangerous inflammable oils acids or materials may not be received for transportation RULE IX 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 X 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 XI When ice is used for preservation of shipmnts of commodities in Tariff E including oysters in shell deduct Twentyfive per cent 25 from the gross weight RULE XII The sender of any article by express between points in this State who shall prepay the charges on same is authorized to plainly mark such articles paid or prepaid but nevertheless it shall be the duty of the agent or employee of the express company receiving same to place thereon a label showing that it has been prepaid or to write or stamp upon such article the word paid or prepaid or other words showing the payment of charges at the initial point and it shall be unlawful for such express company or any of its agents or employees to collect charges from the receiver of such article under forfeiture of twice the amount of the proper charge Failure to refund charges so collected within twentyfour hours after demand substantiated by the paid mark on the article or shipping receipt either at initial point or destination shall be punishable by such further penalty as theCommission may determine RULE XIII In cities or towns in this State where delivery service is maintained by an express company no extra charge shall be made for door delivery within a radius of one mile from the office of such company provided the point of delivery is within the corporate limits of any such city or town SPECIAL NOTICE See Rule Number One of the Rules Governing the Erection and Location of Depots etc 542 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 Cabbages Calves dressed Canteloupes in crates barrels Carrots Celery Cheese Cherries Chestnuts Cider Clams Cocoariuts Crabs Crab Meat raw Not including deviled 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 ExampleFind the distance for forty miles or any any distance between 21 and 40 on the left side of the Table of Merchandise Rates and the column on the tight 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 iOO pounds and find the weight of packages on which rate is wanted and run your finger along to the right until you get under the number of miles wanted ht the top of 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 100 pounds 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 Rate ChargesOn matter subject to half rate as one and onehalt or double rate find graduated rate according to tariff and then add onehalt or double it as required Example If a package weighs 26 pounds rated at double rate and the rate to destination is 100 E per 100 pounds the charge for 20 or 25 pounds is 50 cents double this 100is the proper amount 543 CLASSIFICATION OF MERCHANDISE EXPLANATORY NOTES A means that the article is governed by Tariff A A means that the article is giverned 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 iSCALE 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 12 Cans without Ice 30 lbs 18 45 24 60 27 65 80 70 36 85 45 105 54 130 66 155 82 195 6 Cans packed in Ice 25 lbs 12 10 16 50 18 60 20 65 24 80 30 90 36 105 44 120 50 135 56 150 72 195 To arrive at the proper weight of Boxes or Cases 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 ap plied 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 minimum twentyfive cents Catalogues and Prices Current with prices extended to and from dealers and their traveling salesmen value limited to 1000 minimum twentyfive cents Samples of Soap from manufacturers when given away for advertising purposes minimum twentyfive cents 544 Sample Cans of Cooked Corn from packing houses minimum twentyfive cents Sample Cans of Meats 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 The following special rates are to he used only on the conditions named below on business within the State SECTION Cnates 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 additiomal two ounces or fraction thereof unless the graduate rate is less Almanacs Blanks printed bound or in sheets Blotters and lotting Pads Books printed bound or unbound fBulbs Blank Books Blank Cards Blank Envelopes Card Boards Calendars Cards printed Catalogues Circulars Chromos Chromo Lithographs Cuttings Any of the above in rolls or printed sheets Periodicals Pat Photos not framed Plants Posters Prospectuses Proof Sheets Publications Roots Merchandise Grain Cloth and Sample Engravings Envelopes address printed Flexible or Paper terns Hand Bills Heliotype Work Ins Policies blank Labels Litho Views of Cities mounted on cloth with Samples of rollers including Letter Papers Medicine Lithographs Cards Magazines Scions Maps fSeeds Ornamented paper Sheet Music Pamphlets Show Cards unmounted Paper for Cash Registers Stereoscopic Views memtioned 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 1gss 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 DEspecial care and judgment must be exercised in the use of the fpllowing special rates offering them only to manufacturers and dealers to secure large and continuous shipments Packages of Merchandise not including Jewelry Grocers Samples ana Electrotype and Stereotype Plates for advertising cuts value not exceeding 10 may be forwarded at a rate of one cent per ounce Crab soft shell Empties may be returned free O 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 545 taken under the head of Rates on Printed Matter Seeds and Bulbs See Section C Vegetables under head of General Special only covers Green Vegetables used for food Strawberry and Other Live Plants should be classed as plants see Classification Card and charged for 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 Bicycles not knock 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 Jersey 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 DownCharge 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 BoxesCharge double merchandise rate Shipments of Posters to Traveling Shows should be taken at graduated merchandise rates and not at the rates given under Section A of Classification Card 546 GENERAL CLASSIFICATION ExplanationsSpecial rules under each heading apply to all articles enumerated thereunder A stands for single A Rate y2A for onehalf A Rate 1 yzA for One and Onehalf A Rate D A for Double A Rate 3t 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 O 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 less than the one specified AH articles not enumerated below or not analogous to those enumerated are to be charged for at A Rates A B Acids dangerous refuse see Rule 8 Advertising Matter see Sec tion A Agricultural Implements bulky Plows ordinary stirring and breaking Ale Almanacs see Section A and Section C Animals and Birds LiveRe1 ceive 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 They must be boxed or caged Enter the number of animals in each box or cage on waybill Charges may be prepaid or guaranteed Alligators live Cats Deer Dogs in boxes at actual weignc or securely chained at 100 lbs each Ferrets Guinea Pigs Opossums Pet Animals Rabbits Antlers Apples Asparagus D A A B D A Bananas Beans f Beef Fat Beer Berries Butter Beer Tonic see Scale of Rates Bees in stands O R Benzine refuse see Rule 8 BicyclesOrdinary see Ve hides BicyclesRailroad taken apart see Vehicles BicyclesSafetyK D and crated see Vehicles BicyclesSafetynot K D and boxed Bicycle Wheels see Vehicles Birds Live Receive 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 B B Blanks printed bound or in Sheets see Section C Blotters and Blotting Pads see Section C Boats Metallic Folding securely packed iyaA D A D A D A td td td td td td 547 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 Book Cases same as Furniture Btead pound rates minimum 25 cents B Buggies see Vehicles Burial Cases A Burros see Live Stock Bulbs see Section C C Cabbage i B Calves dressed B Cantaloupes in crates or bbls B Carrots B Celery B Cheese B Cherries B Chestnuts B Cider B Clams B Cocoanuts B Crabs B Crab meat raw not including deviled or cooked crabs B Crackers B Cucumbers B Calendars see Section C Calves see Live Stock Calves dressed see Perishables etc Cameras Photographs se curely boxed A CamerasPhotograph in light carrying casesf D A Canoe see Boats Cards printed see Section C Carriages see Vehicles Castings Fragile receive only at O R B iy2 A 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 Chromos see Pictures also Section C Chromo Lithographs see Section C Chronometers see Instruments Cigar Boxes empty A 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 A Crayon Portraits see Pic tures Cuttings see Section C D Deer see Animals DesksSchool see Furniture DesksOffice same as Furniture Dogs see Animals Doll Carriages and Doll Chairs of small value Dressed Poultry Dress Forms D Dynamite refuse see Rule 8 E Eggs Egg Plants Emery Wheels Empties O 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 trans td H H 648 ported free or Tariff B rates Beer Empties may be transported free or Tariff B rates Berry Stands or Crates 10cEach Bread Baskets or Boxes 5c Each Butter under 100 pounds 5 cents each for any dis tance Cans in boxes or kegs and oil cans in jackets10c 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 Vz A Demijohns in boxes or kegs 10c Each Egg Cases 5c Each Fruit Empties 10c Each Gas Cylinders minimum 15c y2 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 clas sification A Jars 5c Each Jugs in boxes or kegs 10c Each Kumyss Boxes 25c 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 trans ported free or Tariff B rates Tubs or Pails 5c Each Other New Oyster Empties 10c Each Pony Refrigerators for Fruit 25c Each Soda Fountains minimum 15c A Engravings see Pictures also Section C Envelopes address printed see Section C Explosives refuse see Rule F Feathers closely compressed and baled Feathers not closely compressed and baled Ferrets see Animals Firearms 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 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 O R B Boxed or Crated Not Boxed or Crated Burlapped except chairs from manufacturers only Chairs boxed or crated Chairs not boxed or crated and not otherwise specified Chairs Barber burlapped boxed or crated Chairs Dentists boxed or crated not exceeding 7500 in value A D A A 3t A A A B E B E B B A B A D A A A D A A A 649 Chairs Dentists boxed or crated exceeding 7500 in value D A Chairs Iron Frame or Folding Opera A Letter File Cases boxed or crated A Piano Stools boxed or crated A Piano Stools not boxed or crated D A School Desks A FursCoarse including undressed skins B FursDressed A G Game B Gasoline refuse see Rule 8 Ginger Ale A Glass must be boxed or crated O R B Ground Mirrors Stained I D A Show Cases Plate 1 Signs A Windows Goats see Live Stock Grapes B Greens B Green Corn B Guinea Pigs see Animals Guns see Firearms Gunpowder refuse see Rule 8 H Harvesters K D A Hand BagsOld Hand Bills see Section C Heliotype Work see Section C HidesGreen B HobbyHorses D A Hogs see Live Stock Honey O R refuse unless properly packed A Honey in comb and strained well packed B Horses see Live Stock I Ice Cream B Inflammables refuse see Rule 8 Instruments 0 R Musical Instruments encased in wooden boxes in addition to their own cases A Musical Instruments not boxed not otherwise specified 3t A Pianos boxed minimum 500 for each Company carrying A Pianos not boxed minimum 500 for each Company carrying 1A Organs boxed A Organs not boxed for music dealers A Organs not boxed for other than music dealers iyaA Surveyors Instruments ex cept Tripods must be refused unless boxed Surveyors Instruments enclosed in a single box or case 3t A Surveyors Instruments strapped so that they can not move in their own box or case and covered with one or more additional boxes with proper packing between A Chronometers must be refused unless boxed 3t A Thermometers must be refused unless boxed or securely packed Value not exceeding 500 each A Value exceeding 500 each D A Tripods A Insurance Policies blank see Section C J Jarsairtight butter Jewelry sealed or unsealed rates in Section D do not apply Graduated rates A K Kerosene refuse see Rule 8 Is Labels see Section C Lard B 550 Laundries packages of clothing shipped to or by see Section B Lemons B Lettuce gross weight B Lobsters B 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 D A Liquids in glass demijohns or eartnenware O R Refuse when enclosed in paper or paper boxes or otherwise improperly packed A Lithographs see Pictures also Section C Live Stock Receive only at O R of death injury or escape Shipper must be required to sign acontract on the form furnished by 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 r A Burros not crated not exceeding 500 bis in weight and 100 in value mini mum 5 for each com pany carrying iv2a Calves crated A Colts see Ponies Cows not crated estimate single animal at 1000 lbs D A Cows crated A Goats J Hogs j crated A Horses estimate single animals at 1000 lbs minimum 25 for each company carrying in absence of an agreement to divide the through rate 3t A Horses car loads of 10 horses estimate at 10000 lbs and 1000 lbs more for each additional horse A Ponies or Colts 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 1A When crated A A Pony Colt or Horse weighing over 500 lbs net will be classified same as a Horse Shep crated Lobsters see Perishables M Magazines see Section C Maps see Section C Marble and Slate manufactured must be boxed or crated O R Matches refuse see Rule 8 Mattresses Meat sample cans of from packing houses see Section B MeatFresh or cured Men refuse Mineral Water Mirrors see Glass N Naptha refuse see Rule 8 Negatives see Photographic Dry Plates Newspapers charge according to local agreements Newspapers auxiliary see Section B O Okra Oars crated Oars not crated D Oleo Butter Oleo Oil Oil explosives or inflammables refuse see Rule 8 Opera Chairs see Furniture Opossums see Animals Organs not boxed for other than music dealers 1 Vs Oranges Oysters in shell Oysters canned see scale of weights B Wtdt Wtttd t a ti 551 Painting see Pictures Pamphlets see Section C Paper for Cash 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 Crayon Portraits Engravings Lithographs Machines or Stencil Paint ings Oil Paintings Pictures Water Colors When the declared value of the ship ment is 50 or less When the declared value of the shipment exceeds 50 Pigeons Quails or Birds Live in coops for market or shooting tournaments 0 R of injury death or escape Coops and contents must not weigh over 150 lbs PigeonsLive shipped by Homing Pigeon Clubs O R of injury death or escape in heavy flat topped baskets with sufficient food B B B B B B B B B B A A iv2a A D A A 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 Pistols see Firearms PlantsLive boxed or crated so that they can be loaded with other freight without damage prepaid or guaranteed Plants when not boxed or crated prepaid or guaranteed Plants also see Section C Plows ordinary stirring and breaking Ponies see Live Stock Pop see Scale of Rates Posters see Section C Poultry dressed PoultryLive O 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 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 Prices Current see Section B Produce Prospectuses see Section C Proof Sheets see Section C Publications see Section C Q Quail see pigeons R RabbitsDead see Perishables etc RabbitsLive see Animals Radishes Reading Matter Plates see Section B Revolvers see Firearms Rifles see Firearms Roots see Section C S SausageFresh or cured School Desks see Furniture Scions see Section C Seeds see Section C D A A D A A E A D A B B V Sewing Machines racked or boxed A Sewing Machines not racked or boxed O R 1A Sheep see Live Stock Sheet Music see Section C Show Cards unmounted see Section C Show Cases see Glass Shrubs B Signs see Glass also Section A SkinsDressed A SkinsUndressed B Slate see Marble Sleighs see Vehicles Soap samples of given away for advertising purposes see Section B Soda Founts charged A Soda Water B Squashes in crates B Strained Honey B Sugar Cane B Statuary O R must be boxed or crated D A Stencil Plates and Shipping Cards to be used on packages to he returned by Express when shipped by commission merchants to their customers may he charged at advertising matter rate Section A Stereoscopic Views see Section C Sulkies see Vehicles Surveyors Instruments see Instruments T Terrapin live B Tricycles see Vehicles Tripods see Instruments Thermometers see Instruments Tomatoes B Trees and Shrubs for planting boxed or baled prepaid or guaranteed B Turtles in bbls B TurtlesLive B Turnips B Typewriting Machines securely boxed A Typewriting Machines when in their cases only or not securely boxed O R D A Valises old A Vegetables green 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 1A 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 lA Carriages not K D and boxed or crated 31 A Carriages or Buggy Poles with singletrees securely attached A Cutters with thills detached boxed or crated minimum 300 for each company carrying 1A Sleighs K D and boxed or crated minimum 300 for each company carrying 1A Sleighs not K D not boxed or crated minimum 300 for each company carrying 3 A Sleighs with thills detached boxed or crated minimum 300 for each company carrying lA Sulkies K D and boxed or crated minimum 150 for each company carrying t m A Sulkies not K Dnor boxed or crated minimum 300 for each company carrying 31 A Tricycles K D and boxed or crated A 553 Tricycles not K D and boxed or crated Velocipedes Velocipedes childrens W D A Watches see Jewelry D A y A Yeast Compressed RAILROAD AND TERMINAL COMPANIES IN GEORGIA Name of Corporation Abbeville Northwestern R R Co Alabama Great Southern li R Co Atlanta West Point R R Co Atlanta Belt Terminal R R Co Atlant Belt Line Co Atlanta Birmingham Atlantic R R Co Atlanta Charlotte Air Line Ry Co Atlanta Northeastern R R Co Atlanta Northern Ry Co Atlanta Stone Mt Lithonia Ry Co Atlanta Terminal Co Atlantic Coast Line R R Co Augusta Aiken Ry Co Augusta Savannah R R Augusta Summerville R R Co Augusta Belt Ry Co Augusta Southern R R Co Augusta Union Station Co Bainbridge Northeastern R R Co Bostwick Railroad Co Brinson Railway Central of Georgia Ry Co Charleston Western Carolina Ry Co Chattahoochee Valley Ry Co Chattanooga Southern R R Co Clarkesville Ry Co Dickson Bros Elberton Southern R R Co Fitzgerald Ocilla Electric Ry Fitzgerald Ocilla Broxton R R Co Flint River Northeastern R R Co Florida Central p R Co General Office When tncorpd Where Incorporated By What Authority Incorporated Capital Stock Funded Debt Abbeville Ga 1906 Wilcox County Ga Secretary of State 400 000 800 000 Cincinnati Ohio 1877 Laws of Alabama 11 210 350 7 720 600 Atlanta Ga 1848 Fulton County Ga General Assembly 1 232 200 1 232 200 Atlanta Ga 1892 Fulton County Ga Secretary of State 50 000 Atlanta Ga 1899 Fulton County Ga General Assembly 400 000 r t Atlanta Ga 1905 Fulton County Ga Superior Court 35 000 000 21 718 343 New York N Y 1877 Laws of Ga S C N C 1 700 000 5 500 000 Atlanta Ga 1908 Fulton Connty Ga Secretary of State Per Mi 10 000 1 200 000 Atlanta Ga 1903 Fulton County Ga Superior Court 100 000 400 000 Atlanta Ga 1907 Fulton County Ga Superior Court 50 000 Atlanta Ga 1903 Fulton County Ga Superior Court 150 000 Wilmington N C 1836 Virginia Laws of Virginia 50 134 200 145 845 550 N Augusta S C 1901 N Augusta S C Laws of South Carolina 10 000 Savannah Ga 186 Chatham County Ga General Assembly 1 022 900 Augusta Ga 1866 Richmond County Ga General Assembly 200 000 60 344 Augusta GaJ 1896 Richmond County Ga Secretary of State 65 000 Augusta Ga 1893 Richmond County Ga Laws of Georgia 750 000 400 000 Augusta Ga 1901 Richmond County Ga Secretary of State 3 750 225 000 Bainbridge Ga 1907 Atlanta Ga Secretary of State 200 000 200 000 Bostwick Ga 1906 Atlanta Ga Secretary of State 30 000 Savannah Ga 1906 Atlanta Ga Secretary of State 250 000 2 240 000 Savannah Ga 1895 Chatham County Ga Secretary of State 5 000 000 55 258 012 Charleston S C 1896 South Carolina Laws of South Carolina 1 200 000 5 700 000 West Point Ga Chattanooga Tenn Clarkesville Ga 1907 1896 Georgia and Alabama States of Ga and Ala Laws of Ala and Ga 110 000 3 000 000 1908 Atlanta Ga Secretary of State 10 000 Lilly Ga 1907 Dooley County Ga Superior Court 5 000 Elberton Ga Fitzgerald Ga 1908 Georgia Secretary of State 200 000 250 000 1908 Atlanta Ga Secretary of State 50 000 250 000 Fitzgerald Ga 1907 Atlanta Ga Secretary of State 300 000 163 685 Pelham Ga 1903 Atlanta Ga Laws of Georgia 106 100 125 000 Thomasville Ga 1907 Thomasville Ga Laws of Georgia 50 000 500 000 cn RAILROAD AND TERMINAL COMPANIES IN GEORGIAContinued Name of Corporation Flo villa Indian Springs Ry Co Gainesville Midland R R Garbutt Donovan Short Line Ry Georgia Alabama Western R R Georgia Alabama Terminal Co Georgia Florida Ry Georgia Coast Piedmont R R Co Georgia Florida Alabama R R Co Georgia Granite R R Co Georgia Midland Ry Co Georgia Midland Terminal Co Georgia Northern Ry Co Georgia Railroad Banking Co Georgia Southern Florida Ry Co Georgia Southwestern Gulf R R Co Georgia Terminal Co Gulf Line Ry Co Hartwell Railway Co Hawkinsville Western R R Co Irwinton Ry Co La Fayette R R Lawrenceville Branch R R Co Lexington Terminal R R Co Louisville Nashville R R Co Louisville Wadley R R Co Macon Birmingham Ry Co Macon Dublin Savannah R R Co Middle Georgia Interurban Ry Co Milledgeville Railway Co Milltown Air Line Ry Milstead R R Co Miona Springs R y Co General Office When Incorpd Flovilla Ga 1898 1Qn Lyons Ga 1904 Atlanta Ga 1908 Savannah Ga 1898 Augusta Ga 1906 Darien Ga 1906 Bainbridge Ga 1901 Atlanta Ga 1904 Columbus Ga 1896 Columbus Ga 1890 Moultrie Ga 1894 Augusta Ga 1833 Macon Ga 1895 Albany Ga 1906 Fulton County Ga 1906 Ashburn Ga 1907 Atlanta Ga 1898 Hawkinsville Ga 1909 Irwinton Ga 1909 La Fayette Ga 1909 Lawrenceville Ga 1877 Augusta Ga 1900 Louisville Ky 1810 Louisville Ga 1879 Macon Ga 1896 Macon Ga 1885 Atlanta Ga 1909 Augusta Ga 1896 Milltown Ga Milstead Ga 1909 Fort Valley Ga 1906 Where Incorporated Butts County Ga Gainesville Ga Toombs County Ga Atlanta Ga Chatham County Ga Atlanta Ga Atlanta Ga Decatur County Ga Fulton County Ga Muscogee County Ga Muscogee County Ga Brooks County Ga Richmond County Ga Bibb County Ga Atlanta Ga Fulton Couuty Ga Atlanta Ga Fulton County Ga Atlanta Ga Atlanta Ga Atlanta da Georgia Lexington Ga Kentucky Jefferson County Ga Bibb County Ga Bibb County Ga Atlanta Ga Milledgeville Ga Atlanta Ga Houston County Ga By What Authority Incorporated Capital Stock Funded Debt Secretary of State 10 000 f Laws of Georgia 550 000 715 000 Secretary of State 30 000 Secretary of State Secretary of State 500 000 300 000 Secretary of State 3 630 000 2 705 000 Secretary of State 1 000 000 2 570 000 Secrerary of State Superior Court 350 000 25 000 1 472 000 Georgia Laws 1 000 000 1 650 000 Superior Court 50 000 46 000 Secretary of State 600 000 263 000 General Assembly 4 200 000 2 500 000 Georgia Laws 3 768 000 6 297 000 Secretary of State 4 000 000 4 000 OoO Secretary of State 1 500 000 3 000 00 Secretary of State 290 600 Secretary of State 20 000 20 00 Secretary of State 100 000 Secretary of State 15 000 Secretary of State 50 000 General Assembly Secretary of State 45 000 6 600 30 000 Laws of Kentucky 60 000 000 128 549 500 General Assembly 50 400 29 000 Georgia Laws 500 000 500 000 Superior Court 2 040 000 1 240 000 Secretary of State 200 000 Secretary of State 30 000 30 000 Secretary of State Secretary of State 12 000 100 000 20 000 555 RAILROAD AND TERMINAL COMPANIES IN GEORGIAContinued Name of Corporation Monroe R R Co j Nashville Chattanooga St Louis Ry Co Ocilla Pinebloom Valdosta Ry Co Ocilla Southern Pelham Havana R R Co Register Glenville R R Co Rome Northern R R Co Roswell R R Co Sandersville R R Co Savannah Augusta Northern Ry Co Savannah Southern Ry Savannah Statesboro Ry Co Savannah Union Station Co Seaboard Air Line Railway Southern Belt Railway Southern Ry Co 1 South Georgia Ry Co Southwestern R R Co Sparks Western Railway St Marys Kingsland Sylvania Girard R R Co Talbotton R R Co Tallulah Falls Ry Co Tifton Terminal Union Point White Plains R R Co Valdosta Moultrie Western R R Wadley Southern Ry Co Western ot Georgia Ry Wrightsville Tennile R R Co Total General Office When Incorpd Where Incorptoraed By What Authority Incorporated Capital Stock Funded Debt Augusta Ga 1904 Walton County Ga Secretary of State 100 000 100 000 Nashville Tenn 1845 Tennessee Laws of Tennessee 10 000 000 15 985 000 Pinebloom Ga 1907 Coffee County Ga Secretary of State 200 000 Ocilla Ga 1908 Irwin County Ga Secretary of State 150 000 300 000 Pelham Ga 1906 Atlanta Ga Laws of Georgia 50 000 Hagan Ga 1895 Augusta Ga Laws of Georgia 150 000 136 850 Rome Ga 1909 Atlanta Ga Secretary of State 1 000 000 Atlanta Ga 1884 Fulton County Ga Secretary of State 75 000 135 000 Sandersville Ga 1893 Washington County Ga General Assembly 11 600 Statesboro Ga 1907 Statesboro Ga Secretary of State 11 000 000 11 000 000 Letford Ga 1909 Atlanta Ga Secretary of State 150 000 Savannah Ga 1897 Chatham County Ga Secretary of State 200 000 185 000 Savannah Ga 1902 Atlanta Ga Secretary of State 300 000 600 000 Portsmouth Va 1883 North Carolina Laws of N C 62 516 000 150 000 000 Atlanta Ga 1904 Atlanta Ga Secretary of State 50 000 Washington D C 1894 Virginia Laws of Virginia 180 000 000 254 260 876 Quitman Ga 1896 Brooks County Ga Secretary of State 58 000 193 000 Macon Ga 1845 Bibb County Ga Georgia Laws 5 191 100 Sparks Ga 1908 Berrien County Ga Secretary of State 100 000 St Marys Ga 1906 Atlanta Ga Secretary of State 50 000 Sylvania Ga 1905 Atlanta Ga Secretary of State 10 000 Talbotton Ga 1892 Talbot County Ga General Assembly 348 000 Clarkesville Ga 1907 Habersham Ga Superior Court 327 500 1 464 226 Tifton Ga Augusta Ga i Greene County Ga Secretary of State 32 500 84 000 Valdosta Ga 1909 Atlanta Ga Secretary of State 100 000 300 000 Savannah Ga 1906 Chatham County Ga Secretary of State 600 000 800 000 Newnan Ga 1909 Atlanta Ga Secretary of State 500 000 Tennille Ga 1899 Washington County Ga Secretary of State 600 000 250 000 472 041 800 841 209 186 556 STREET RAILWAY GAS ELECTRIC LIGHT AND POWER COMPANIES IN GEORGIA Name of Corporation General Office When Incorpd Where Incorporated By What Authority Incorporated Abbeville Electric Light Water Power Co Americus Railway Light Co Apalachee Power Co Athens Electric Railway Co Athens Gas Co Atlanta Power Co Augusta Railway Electric Co Chattanooga Railway Light Co Central Georgia Power Co City Suburban Railway Co Citizens Electric Light Power Co Columbus Power Co Columbus Railroad Co Covington Oxford Street Railway Co Dallas Light Power Water Co Decatur Electric Light Power Water Co Etowah Gold Mining Ditch Co Etowah Power Co Flint River Power Co Gainesville Railway Power Co Gas Light Company of Columbus Georgia Power Co Georgia Railway Electric Co Hazlehurst City Light Plant Home Light Power Co Interstate Power Co Kennesaw Paper Co Jesup Manufacturing Co Lumber City Electric Light Power Co Macon Gas Light Water Co Macon Railway Light Co Mutual Light Water Co Abbeville Ga Americus Ga Madison Ga Athens Ga Athens Ga Atlanta Ga Augusta Ga Chattanooga Tenn Macon Ga Brunswick Ga Cordele Ga Columbus Ga Columbus Ga Covington Ga Dallas Ga Decatur Ga Auroria Ga Canton Ga Macon Ga Gainesville Ga Columbus Ga Gainesville Ga Atlanta Ga Hazelhurst Ga McCaysville Ga Elberton Ga Marietta Ga Jesup Ga Lumber City Ga Macon Ga Macon Ga Brunswick Ga 1891 1905 1906 1897 1909 1896 1806 1907 1909 1899 1906 1887 1907 1905 1902 1906 1905 1908 1909 1854 1908 1902 1904 1908 1909 1909 1902 1907 1906 1902 1902 Wilcox County Ga Sumter County Ga Morgan County Ga Clarke County Ga Clarke County Ga Fulton County Ga Richmond County Ga Tennessee BibljCounty Ga Glynn County Ga Dooly County Ga Muscogee Ceunty Ga Muscogee County Ga Newton County Ga Paulding County Ga DeKalb County Ga Lumpkin County Ga Cherokee County Ga Bibb County Ga Atlanta Ga Muscogee County Ga Hall County Ga Fulton County Ga Jeff Davis County Ga Fannin County Ga Elbert County Ga Cobb County Ga Wayne County Ga Telfair County Ga Bibb County Ga Bibb County Ga Glynn County Ga Superior Court Superior Court Superior Court Secretary of State Superior Court Superior Court Secretary of State Laws of Georgia Superior Court Secretary of State Superior Court Superior Court General Assembly Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Secretary of State General Assembly Superir Court Secretary of State Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Georgia Laws Georgia Laws Superior Court Capital Stock Funded Debt 10 ooc 100 000 30 00i 275 000 400 000 150 00C 50 000 1 000 000 5 000 000 1 600 000 20 000 000 3 000 000 50 000 20 000 1 850 000 1 375 000 250 000 700 00 6 000 3 800 24 300 400 000 274 100 160 000 12 000 000 10 000 000 150 000 150 000 81 175 15 000 6 000 000 6 000 000 10 914 600 9 705 000 100 000 6 000 5 000 000 5 000 000 302 000 198 000 20 000 6 000 727 424 556 000 1 200 000 951 500 86 750 225 000 STREET RAILWAY GAS ELECTRIC LIGHT AND POWER COMPANIES IN GEORGIAContinued Name of Corporation General Office When Incorpld Where Incorporated North Georgia Electric Co Oconee Electric Light Power Co Oconee Eiver Mills Panola Light Power Co Piedmont Power Co Borne Municipal Gas Co Eome Eailway Light Co Savannah Electric Co Savannah Lighting Co Shoals Power Co Tifton Ice Power Co Toccoa Palis Light Power Co Towaliga Falls Power Co United Electric Manufacturing Co Valdosta Ice Manufacturing Co Valdosta Street Eailway Co Villa Eica Electric Light Power Co Washington Street Eailway Co Water Power Mining Company of Georgia Waycross Electric Light Power Co Wofford Shoats Light Power Co Atlanta Ga Milledgeville Ga Milledgeville Ga Conyers Ga Atlanta Ga Eome Ga Eome Ga Savannah Ga Savannah Ga Washington Ga Tifton Ga Toccoa Ga High Falls Ga Norcross Ga Valdosta Ga Valdosta Ga Villa Eica Ga Washington Ga Dahlonega Ga Waycross Ga Cornelia Ga 1901 1899 1899 1904 1909 1908 1907 1901 1905 1898 1903 1900 1908 1907 1901 1898 1908 1888 1906 1890 1907 Fulton County Ga Baldwin County Ga Baldwin County Ga DeKalb County Ga Fulton County Ga New York Floyd County Ga Atlanta Ga Chatham County Ga Wilkes County Ga Berrien bounty Ga Habersham Couuty Ga Monroe County Ga Gwinnett County Ga Lowndes County Ga Lowndes County Ga Carroll County Ga Wilkes County Ga Lumpkin County Ga Ware County Ga Clarkesville Ga By What Authority Incorporated Superior Court Superior Court Superior Court Superior Court Superior Court Secretary of State Superior Court Secretary of State Superior CourtSuperior Court Superior Court Superior Court Superior Court Superior Court Superior Court Secretary of State Superior Court General Assembly Superior Court Superior Court Superior Court Capital Stock Funded Debt 917 287 932 500 4 000 000 3 000 000 158 000 120 000 50 000 25 000 3 000 000 3 000 000 40 000 80 000 750 000 50 000 3 500 000 3 031 000 150 000 24 000 17 000 50 000 150 000 100 000 40 000 40 000 50 000 3 200 5 000 187 981 136 90C 37 500 30 000 79 386 517 501861 500 Totals COTTON COMPRESS COMPANIES IN GEORGIA Name of Corporation General Office When Incorpd Where Incorporated By Whit Authority Incorporated Capital Stock Funded Debt Americus Compress Co Athens Compress Co Atlanta Compress Co Atlantic Compress Co Dawson Compress Storage Co Fitzgerald Compress Warehouse Co Georgia Cotton Co Georgia Warehouse Compress Co Hawkinsville Compress Co Montezuma Compress Co Moultrie Compress Co Riverside Compress Co Rome Cotton Compress Co Toccoa Compress Co Union Compress Co Union Warehouse Compress Co United Hydraulic Cotton Press Co of Sav Ga Washington Compress Co Totals Americus Ga Athens Ga Atlanta Ga Atlanta Ga Dawson Ga Fitzgerald Ga Albany Ga Dublin Ga Hawkinsville Ga Montezuma Ga Moultrie Ga Augusta Ga Rome Ga Toocoa Ga August t Ga Augusta Ga Savannah Ga Washington Ga 1886 1902 1898 1901 1891 1906 1891 1895 194 1906 1909 1906 1908 1906 1897 1896 1866 1890 Sumter County Ga Clarke County Ga Fulton County Ga Fulton County Ga Terrell County Ga Irwin County Ga Dougherty County Ga Laurens County Ga Pulaski County Ga Macon County Ga Colquitt County Ga Richmond County Ga Floyd County Ga Stephens County Ga Richmond County Ga Richmond County Ga Chatham County Ga Wilkes County Ga Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court 32 000 25 000 100 000 300 000 40 000 15 000 50 000 30 000 25 000 10 000 30 000 40 000 25 000 250 000 24 000 65 000 359 800 21 400 1 441 800 700 000 20 000 21 041 741 041 TELEPHONE AND TELECRAPH COMPANIES IN GEORGIA Name of Corporation General Office When Incorpd Where Incorporated By What Authority Incorporated American Telephone Telegraph Co American Telephone Telegraph Co of Ga Amity Telephone Co New York N Y Atlanta Ga Amity Ga Atlanta Ga Bainbridge Ga Baxley Ga Blakely Ga Blue Ridge Ga Fitzgerald Ga Canton Ga Macon Ga Colquitt Ga Cuthbert Ga Dalton Ga 1885 1903 1905 New York N Y Fulton County Ga Wilkes County Ga Fulton County Ga Decatur County Ga Appling County Ga Early County Ga Fannin County Ga Irwin County Ga Cherokee County Ga Bibb County Ga Miller County Ga Randolph County Ga Whitfield County Ga Madison County Ga Laws of New York Secretary of State Superior Court Atlanta Telephone Telegraph Co 1903 Superior Court Rainhiirlpe Telephone Co rr 1907 Superior Court Baxley Telephone Co 1904 Superior Court Blakely Telephone Co 1898 Superior Court Blue Ridge Telephone Co 1902 Superior Court Bowen Telephone Co 1900 Superior Court Canton Telephone Co 1902 Superior Court Central Georgia Telephone Co 1900 Superior Court Colquitt Telephone Co 1906 Superior Court Cotton Belt Telephone Telegraph Co Dal ten Telephone Co 1909 Superior Court Superior Court Danielsville Corner Telephone Co Comer Ga Dawson Ga 1899 Superior Court Dawson Telephone Co 1902 Terrell County Ga Whitfield County Ga Superior Court Dogwood Telephone Co Tunnell Hill Ga Donaldsonville Ga 1908 Superior Court Donaldsonyille Telephone Co 1906 Decatur County Ga Coffee County Ga Superior Court Douglas Telephone Co Douglas Ga Macon Ga Springfield Ga E Hi jay Ga Fort Valley Ga Hull Ga 1902 Superior Court Dublin Telephone Telegraph Co 1906 Bibb County Ga Atlanta Ga Superior Court Effingham Telephone Telegraph Co 1909 Secretary of State Elliiav Telephone Exchange 1904 Gilmer County Ga Superior Court Fort Valley Telephone Co 1895 Houston County Ga Superior Court Free State Telephone Co 1909 Madison County Ga Superior Court Gainesboto Telephone Co Carrollton Ga 1900 Carroll County Ga Superior Court Harmony Grove Telephone Co Commerce Ga 1895 Jackson County Ga Superior Court Macon Dublin Telephone Co Macon Ga 1903 Bibb County Ga Superior Court Milledgeville Telephone Co Macon Ga 1903 Bibb County Ga Superior Court Monroe Telephone Co Monroe Ga Montezuma Ga Walton County Ga Superior Court Montezuma Telephone Co 1906 Macon County Ga Superior Court Monticello Telephone Co Monticello Ga 1908 Jasper County Ga Superior Court Moultrie Telephone Co Moultrie Ga 1898 Colquitt County Ga Superior Court Mutual Telephone Telegraph Co Nunez Ga 1908 Atlanta Ga Secretary of State Capital Stock Funded Debt 250 000 000 25 000 25 000 389 300 50 000 i 0 4 000 50 000 14 040 2 000 2 850 15 000 3 000 22 350 3 000 500 25 000 1 000 3 000 2 000 20 900 2 000 2 000 5 000 5 000 10 000 500 10 000 179 600 10 000 6 700 5 000 8 560 9 000 4 000 6 000 6 000 3 000 560 TELEPHONE AND TELEGRAPH COMPANIES IN GEORGIAContinued Name of Corporation Murray County Telephone Co Nashville Telephone Co Neal Telephone Co Oglethorpe Telephone Co Okapileo Telephone Co Pavo Telephone Co Postal TelegraphCable Co Quitman Telephone Co Satilla Telephone Co Screven Telephone Co Southern Bell Telephone Telegraph Co Standard Telephone Co Statesboro Telephone Co Stewart Telephbne Co Summerville Telephone Co Sylvester Telephone Telegraph Co Toccoa Telephone Co Union Telephone Electric Light Co Walnut River Telephone Co Washington Telephone Co Western Union Telegraph Co Whigham Telephone Co Wilkes Telephone Electric Co Willacoochee Telephone Co Totals General Office When Incorpd Where Incorporated By What Authority Incorporated Capital Stock Funded Debt Eton Ga 1899 Murray County Ga Superior Court 1 000 Nashville Ga 1904 Berrien County Ga Superior Court 1 500 Gibson Ga 1907 Glascock County Ga Superior Court 500 Maxeys Ga 1903 Oglethorpe County Ga Superior Court 500 Quitman Ga 1908 Brooks County Ga Superior Court 495 Pavo Ga 1904 Thomas County Ga Superior Court 19 900 Wilmington Del 1908 Delaware Laws of Delaware 50 000 Quitman Ga 1896 Brooks County Ga Superior Court 1 500 3 400 Woodbine Ga 1905 Camden County Ga Superior Court 3 270 Sylvania Ga 1902 Screven County Ga Superior Court 5 000 4 500 Atlanta Ga 1879 Fulton County Ga Superior Court 21 400 000 Clarkesville Ga 1906 Habersham County Ga Superior Court 2 500 Statesboro Ga 1901 Bullock County Ga Superior Court 10 000 Covington Ga 1902 Newton County Ga Superior Court 500 Summerville Ga 1904 Chatooga County Ga Superior Court 3 000 Sylvester Ga 1907 Worth County Ga Superior Court 2 500 Toccoa Ga 1898 Stephens County Ga Superior Court 600 Paschal Ga 1900 Talbot County Ga Superior Court 6 000 Gainesville Ga 1907 Hall County Ga Superior Court 500 Washington Ga 1909 Wilkes County Ga Superior Court 15 000 New York City 1851 New York Laws of New York 99 817 100 38 645 000 Whigham Ga 1907 Grady County Ga Superior Court 1 500 Washington Ga 1902 Wilkes County Ga Superior Court 4 500 Willacoochee Ga 1907 Coffee County Ga Superior Court 4 000 372 258 665 39 675 900 562 RAILROAD MILEAGE IN THE STATE OF GEORGIA In Miles and Decimal Fractions Alabama Great Southern 2352 Atlanta West Point 8611 Atlanta Belt Line 551 Atlanta Stone Mountain Lithonia 350 Atlanta Birmingham Atlantic f 48480 Atlantic Coast Line 68008 Atlanta Northern 1802 Augusta Belt 376 Augusta Southern 8293 Augusta Summerville 432 Augusta Terminal 283 Bostwick Railroad 600 Brinson Railway 7343 Central of Georgia Railway 133250 Charleston Western Carolina 2047 Chattahoochee Valley 100 Chattanooga Southern 4265 Clarbesville Railway 113 Fitzgerald Ocilla Broxton 4033 Flint River Northeastern 2400 Florida Central 1327 Flovilla Indian Springs 262 Gainesville Midland 7200 Garbutt Donovan Short Line 1500 Georgia Railroad 30250 Georgia Florida 26594 Georgia Coast Piedmont 8200 Georgia Florida Alabama 10341 Georgia Granite 400 Georgia Northern 6750 Georgia Southern Florida 23925 Georgia Southwestern Gulf 3500 Gulf Line 7627 Hartwell 1010 Lawrenceville 958 Lexington Terminal 358 Louisville Nashville V 16550 Louisville Wadley 1100 Macon Birmingham 9680 Macon Dublin Savannah 9289 Millstead Railway 29i Milltown Air Line 1000 Nashville Chattanooga St Louis 14225 Ocilla Pinebloom Valdosta 1137 563 Ocilla Southern 1590 Pelhm Havana 70q Register Glennville 3550 Rome Northern 1980 Sandersville 400 Savannah Augusta Northern 2500 Savannah Southern 970 Savannah Statesboro 3260 Seaboard Air Line 73762 Smithsonia Dunlap 615 Smithsonia Danielsville Carnesville 475 Southern Railway 91600 South Georgia 3859 Sparks Western 1000 Statenville Railway 1400 St Marys Kingland 1100 Sylvania Girard 1475 Talbotton 663 Tallulah Falls 4350 Tifton Terminal Company 1800 Union Point White Plains 1363 Valdosta Moultrie Western 4250 Wadley Southern 9000 Western of Alabama 017 Wrightsville Tennille 10442 Total Mileage 699283 Mileage as Shown in 36th Report 682853 Increase 16430 Statement of Financial Operations of Cotton Compress Companies in Georgia for the Year Ended June 30 1909 Athens Compress Company Atlantic Compress Company Montezuma Compress Company Riverside Compress Company Rome Cotton Compress Company Toccoa Compress Company Union Compress Company UnionWarehouse Compress Company Gross Earnings Operating Expenses Net Earnings Deficits 3175879 2403925 771934 90406160 49056153 41350007 1386000 930000 456000 2109171 2025925 83246 2419564 1725856 693708 901780 658462 243318 5400705 3749664 1651041 750000 479437 270563 1 Totals 106549259 61029422 45519837 Statement of Financial Operations of Street Railroad Power Gas and Electric Light Companies in Georgia for the Year Ended June 30 1909 Abbeville Electric Light Power Company Athens Electric Railway Company Athens Gas Company Augusta Railway Electric Company Chattanooga Railway Company Citizens Electric Light Power Company City Light Company Hazlehurst Ga Columbus Power Company Columbus Railroad Company Covingto Oxford Street Railway Company Dallas Light Power Water Company Decatur Electric Light Power Water Company Etowah Gold Mining Ditch Company Gas Light Company of Columbus Georgia Railway Electric Company Lumber City Light Power Company Macon Gas Light Water Company Macon Railway Light Company Mutual Light Water Company North Georgia Electric Company Rome Railway Light Company Savannah Electric Company t Savannah Lighting Company Tifton Ice Power Company Toccoa Falls Light Power Company Towaliga Falls Power Company Valdosta Street Railway Company Villa Rica Electric Light Power Company Washington Street Railway Company Water Power Mining Company Waycross Electric Light Power Company Totals Gross Earnings Operating Expenses Net Earnings Deficits 240000 202000 38000 12875286 6252099 6623187 2182834 1802817 380017 35759976 18265409 17494567 49234396 32546071 16688325 2346817 1801991 544826 16500 14500 2000 14590189 3747406 10842783 16238556 9430159 6808397 595898 404079 191819 40000 106000 66000 1160090 1365529 205439 247215 210430 36785 3340033 5307052 32981 282741478 139888015 142853463 325784 216745 109039 7919503 4223909 3695594 38959550 22474424 16485126 7371830 5535631 1836199 3524504 1185019 2339485 10537538 5257970 5279568 45974979 22980784 22994195 7413265 6208265 1205000 1081754 797423 284331 630000 138000 492000 2798340 1031229 1767111 658840 598102 60738 195108 160000 35108 155645 170140 14495 262765 268002 5237 4420221 3506897 913324 553838894 I 294096097 1 260033968 1 291171 pm Statement of Financial Operations of Telephone and Telegraph Companies for the Year Ended June 301909 Gross Earnings Operating Expenses Net Earning 15537791 11575363 3962428 1003295 646239 3 57056 72216 66000 6216 1045930 670067 375863 175204 94200 81004 1108494 984495 123999 200000 200000 963236 562762 400474 180000 108000 72000 1043029 752000 291029 848541 795547 52994 240000 206000 34000 494995 381033 113962 22000 10200 11800 180000 126000 54000 400000 315000 85000 1565324 1032638 532686 48000 25200 22800 322660 238488 84172 5247306 3986286 1261020 44500 45000 807000 717500 89500 358141 385875 758419 542256 216163 455980 322781 133199 222000 154000 68000 595640 432195 163445 12300 14766 60000 59000 1000 22684840 22334445 350395 879735 385168 494567 118723 108360 10363 478869 400000 78869 Atlanta Telephone Telegraph Company Bainbridge Telephone Company Baxley Telephone Company Blakeley telephone Company Blue Ridge Telephone Company Bowen Telephone Company Canton Telephone Company Central Georgia Telephone Company Colquitt Telephone Company Cotton Belt Telephone Telegraph Company Dalton Telephone Company Danielsville Comer Telephone Company Dawson Telephone Company Dogwood Telephone Company Donaldsonville Telephone Company Douglas Telephone Company Dubjin Telephone Telegraph Company Ellijay Telephone Exchange Fort Valley Telephone Company Gainesboro Telephone Company Hart Telephone Company Harmony Grove Telephone Company Macon Dublin Telephone Company Milledgeville Telephone Company Monroe Telephone Company Montezuma Telephone Company Moultrie Telephone Company Murray County Telephone Company Oglethorpe Telephone Company Postal TelegraphCable Company Quitman Telephone Company Satilla Telephone Company Screven Telephone Company Deficits 500 27734 2466 Statement of Financial Operations of Telephone and Telegraph Companies for the Year Ended June 30 1909 Continued Southern Bell Telephone Telegraph Company Standard Telephone Company Statesboro Telephone Company Stewart Telephone Company Summerville Telephone Company Sylvester Telephone Telegraph Company Toccoa Telephone Company Union Telephone Electric Light Company Whigham Telephone Company Wiilkes Telephone Electric Company Willacoochee Telephone Company Western Union Telegraph Company Totals Gross Earnings Operating Expenses Net Earnings Deficits 165033076 194750 240000 50000 207000 464583 335000 360000 114000 130000 210000 47117035 85774462 180500 212000 40000 150000 500085 205800 310000 114000 110000 162000 45424179 79258614 14250 28000 10000 57000 129200 50000 35502 20000 48000 1692856 272629612 181859890 90835924 66202 Statement of Financial Operations of Terminal Companies in Georgia for the Year Ended June 30 1909 Gross Earnings Operating Expenses Net Earnings Deficits Atlanta Terminal Company 2824909 487781 285096 775488 9875982 3401493 1943 5911500 7051073 2913712 o3 9 00 5136012 Augusta Union Station Company Georgia Midland Terminal Company Savannah Union Station Company 283153 Totals 4373274 19190918 283153 15100797 Statement of Financial Operations of Railroads for the Year Ended June 301909 Gross Earnings Operating Expenses Net Earnings Deficits Gross Earnings per mile Operating Expenses per mile Net Earnings per mile Percentage of Operating Expenses to Gross Earnings Alabama Orpat iSmithprn 27986725 7969867 44173168 18914980 6783805 27260126 9071745 1186062 16913042 1152603 227710 442573 778715 193823 273120 373477 33887 6759 8512 Albanv Jk Northern Atlanta Birmingham Air Line 169453 6171 Atlanta Birmingham Atlantic 174718648 142594628 32124020 359282 293224 66058 8162 Atlanta West Point 96491727 11297635 261624 75905617 9091614 589720 20586110 2206021 1096497 627646 74748 862564 505090 168485 233933 122556 7867 8047 22540 Atlanta Northern Atlanta Stone Mtn Lithonia 328096 Atlantic Coast Line Augusta Bolt 458332800 1119777 17820588 4137496 891439982 12658773 3984535 86437 296962447 1261850 161370353 142073 641043 297813 415344 335598 225699 6479 11269 Augusta Southprn 12678553 2933843 599505087 9577025 6108170 40788 5142035 214887 152883 62004 7115 Rrinson Railway 1203653 163796 116106 41481 7102 Central of Coorgia 2 91934895 668998 449910 219088 6725 Charleston Western Carolina Cihfltannngfi ppiithprn 3081748 2123635 618406 93447 467857 145560 150549 7566 15329 ClarkesvilTe Riiwy 45649 69148 32628 36520 4732 Fitzgerald Ocilla Broxton 5532302 4680410 851892 137722 116516 21207 8460 Flint River Northeastern 3188355 2847631 340724 127534 113905 13625 8962 pinrirt ilfiiitrfll 3553827 505937 795638 402772 2758189 267809 59958 207851 2239 Flovilla Indian Springs 103165 192736 153432 39296 7940 Gainesville Midland Garbutt Donovan Short Line 16080107 439375 12290914 552993 3789193 113618 217298 29292 166093 36866 51205 7643 12585 Georgia Florida 37310921 6835002 29105726 6168462 8205195 159790 124650 35140 7801 Georgia Coast Piedmont 666540 81400 73300 8100 9260 Georgia Florida Alabama 20088086 16924208 3163878 247359 208400 38959 8429 Georgia Northpra 15119074 275087236 160169538 11492792 222843399 102518643 3626282 222276 169010 53327 7601 Georgia Railroad 52243837 896050 725874 170176 8101 Georgia Southern Florida 57650895 669465 428500 240965 6401 Gulf Tinp 13633609 10184503 1385533 941913 490168 107875707 3449106 176372 131753 44609 7477 Hartwell Railway 2335608 822528 547447 145888781 950075 119385 231248 82252 137181 94191 94067 5932 11450 57279 152918 136918 16000 8954 Louisville Nashville 38013074 563408 416605 146803 7394 Statement of Financial Operations of Railroads for the Year Ended June 30 1909 Continued Gross Earnings Louisville Wadley Macon Birmingham Macon Dublin Savannah Mill town Air Line Monroe Railroad Nashve Chattanooga St Louis Ocilla Pinebloom Valdosta Register Glenville Sandersville Railroad Savannah Statesboro Savannah Augusta Northern Seaboard Air Line Southern Railway South Georgia St Marys Kingsland Sparks Western Sylvania Girard Talbotton Railroad Tallulah Falls Railway Union Point White Plains Wadley Southern Wrightsville Tennille Totals 2236039 13951303 33456176 1786282 2771831 264675861 234330 4609994 1327829 545i054 1120838 382601998 715824083 11326151 398851 223752 3145504 1145436 8428917 1370833 8817257 26088149 3950609983 Operating Expenses 1531341 12921469 25802797 732600 1872386 188424955 167707 2663207 1182613 3766868 1146827 269540700 540781224 5911687 297134 139686 2724154 1361303 7922614 1090064 8382804 19107041 Net Earnings 704698 1029834 7653379 1053682 899445 76250906 66623 1946787 145216 1684186 113061298 175042859 5414464 101717 84066 421350 506303 279869 434453 6981108 Deficits 25989 215867 2839181746 1114496900 3068663 Gross Earnings per mile Operating Expenses per mile Net Earnings per mile Percentage of Operating Expenses to Gross Earnings 223604 153134 70470 6849 132869 123061 9808 9262 360170 277778 82392 7712 178628 73260 105366 4100 277183 187239 89944 6755 1860639 1324605 536034 7119 19527 13976 5552 7190 109762 63409 46352 5777 331957 295653 36304 8906 165153 114222 50931 6900 44833 45473 10232 587272 413730 173542 7045 678751 512774 165977 7555 294109 153510 140599 5200 39588 29492 10096 7449 22375 13968 8406 6240 209034 181610 27424 8660 176215 194471 11884 193768 182129 11639 9399 101543 80812 20731 7958 97970 93142 4828 9507 249838 182982 66856 7324 1 Summary of Financial Operations of Corporations Subject to the Jurisdiction of the Railroad Commission of Georgia for the Year Ended June 30 1909 Gross Earnings Operating Expenses Net Earnings Deficits Street Railroad Power Gas and Electric Light Companies v 553838894 294096097 260033968 291171 106549259 61029422 45519837 Terminal Companies 4373274 19190918 283153 15100797 Telephone and Telegraph Companies 272629612 181859890 90835924 66202 Railroad Companies 3950609983 2839181746 1114496900 3068663 Grand Totals 4888001022 3395358073 1511169782 18526833 Summary of Financial Operations of Railroads in Georgia for Each Year since 1895 Railroad Mileage in Georgia Gross Earnings Operating Expenses Net Earnings Percentage Operating Expenses to Gross Earnings 1895 524052 1693014696 1289773060 463241636 7320 189 629141 1845846795 1318883628 5270181 67 7140 1897 537482 1830605182 1267270276 568284906 6920 1898 547526 1904698895 1849467794 555280601 7080 1899 553186 2108731086 1479071885 629659151 7014 1900 561488 2221185006 1542183063 679051943 6943 1901 581680 2324622552 1638365223 686257319 7048 1902 603532 2495276887 1763801428 731475464 7068 1908 604686 3041382875 2143443681 9042499 41 7047 1904 622981 3074201560 2177492637 9026644 00 7083 1905 642446 3828289112 2380367051 1001607415 7050 1906 646766 3710656577 2683370459 1085949011 7204 1907 670444 4072787745 3205275087 872599754 7869 1908 682858 3851670665 2996998572 857192664 7780 1909 699283 8950609983 2839181746 1114496900 7187 I SUBJECT INDEX PAGE Acts of General Assembly viz Act of 1879 Greating Commission 383 Act of 1890 Appeal to Interstate Commerce Commission 388 Act of 1891 Power to Bring Suit 388 Act of 1891 Amending Title of Act of 1879 389 Act of 1891 Inspection of Railroad Tracks 390 Act of 1891 Storage Charges 390 Act of 1891 Express and Telegraph Companies 391 Act of 1894 Arbitration Railroad Tax Assessments 394 Act of 1901 Cars for White and Colored Passengers 393 Act of 1905 Prompt Receipt and Delivery of Freight 392 Act of 1906 Election of Railroad Commissioners 395 Act of 1906 Station Accommodations at Night 395 Act of 1906 Cars for Peaches Canteloupes etc 404 Act of 1906 Railroads Must Pay Claims Within 60 Days 405 Act of 1907 Increasing Membership and Powers of Commission 397 Act of 1908 Amending Act of 1907 396 Abandoning Operations Over Portions of Dine 122 Accident Reports Files 9220 9221 141382 See also General Order 18 422 Accident Reports Authority of Commission to Require 124 Accommodations at Railroad Stations at Night Law 395 See also Files 8718 9095 9182 141382 Advertising Schedules Authority of Commission to Require 101 Agencies Closing of Files 8814 8825 8886 8892 9009 9149 9261 141382 Agencies Petition for New Files 8790 8859 8889 9254 141382 Agency Service File 8716 165 Amendments to Classification See Circulars 426 See also Files 8731 8756 8760 8768 8782 8786 8833 8849 8868 9089 9131 141382 Appropriations Railroad Commissions in Various States 128 Arbitration Tax Assessments Law 394 Bad Order Shipments Right of Railroads to Refuse 61 Baggage and Cab Companies Jurisdiction of Commission Over 100 Baggage Companies Demanding Space in Depots 63 Baggage Excess Rates for 441 Baggage Delayed and Lost Files 8688 9166 141382 Baggage Improper Handling of Files 8852 9107 141382 Baggage What Constitutes Personal 25 37 Bond and Stock Issues Rules Governing Applications for 131 Bond Issues Authorized by Commission Statement of 139 Bond Issues by Corporations Engaged in Both Private and Public Business 106 Bond Issues by Georgia Corporations Owning Property in Other States 22 86 II Bond Issues by Lumber Companies Owning Railroads 35 Bond Issues Petitions for How Handled 11 Bond Issues Petitions for Files 8655 8656 8668 8729 8733 8739 8778 8791 8804 8875 8876 8916 8917 8933 9015 9044 9185 9222 9226 9251 9255 9258 9259 141382 Bond Issues Secured by Collateral Trust Mortgages 75 Bulletining Delayed Trains File 8928 240 Canal Companies Jurisdiction of Commission Over 83 Cancelling Rates Petitions for Files 9167 9208 9217 141382 Cars Empty Requests for Files 8873 9042 9055 9056 9059 9099 9145 9150 141382 Cars for Peaches and Canteloupes Law 404 Changing Schedules of Passenger Trains Files 8710 8752 9058 9075 9085 9146 141382 Circulars Changes in Rules Classification etc 427 Claims Jurisdiction of Commission Over 48 Claims Law Requiring Payment of 405 Claims Method of Handling by Commission 11 Classification Amendments to Files 8731 8756 8760 8768 8782 8786 8833 8849 8868 9089 9131 141382 See also Circulars 424 Classification of Freights Railroad Companies 472 Classification of Freights Express Companies 546 Classified List of Railroads Freight 467 Classified List of Railroads Passenger 465 Clergy Permits Use of File 8770 182 Closing Depots on Special Occasions File 8938 243 Closing Ticket Offices Before Arrival of Trains 41 Collision Duty to Notify Commission of Files 9220 9221 141382 Commissioners Election of Law 395 Commissioners Not Allowed to Give Out Certain Information 58 Commissioners Office Rules Governing Duties of 135 Commutation Ticket Books Files 8693 8784 141382r Comparative Statement by Years of Railroad Earnings 572 Complaints and Petitions 141 Compress Companies in Georgia List of 559 Compressed Cotton Rates and Rules Governing Files 8939 9011 9187 141382 Condemning Land for Side Track Purposes 55 Connections Passenger Trains Files 8705 8913 9013 9072 9167 141382 Constitution Extracts from 406 Contracts Between Municipalities and Public Service Corporations 118 Cotton Compress Jurisdiction of Commission Over 42 Cotton Compresses in Georgia List of 559 Cotton Delivery of on Platform of Depot File 9051 293 Crews on Passenger Trains Authority of Commission to Regulate Number of 51 Damage Account Delayed Deliveries 20 Damage Claims for How Handled by Commission 11 Ill Dangerous Equipment Operation of Files 9027 9141 141382 Delayed Deliveries Files 9025 9183 141382 Delayed Trains Files 8703 8763 9121 9133 9164 9193 9234 9238 9265 141382 Delayed Transportation Files 8675 8692 8699 8714 8777 9079 9145 9152 9235 141382 Delays in Adjusting Claims Penalties for 57 Delivery of Freights to Draymen File 8899 226 Demurrage Charges Law Governing 390 Demurrage Claims Jurisdiction of Commission Over 48 Demurrage Claims Method of Handling by Commission 11 Demurrage Rules Governing Collection of 458 Demurrage Rules Claims etc File 8793 192 Depots Insufficient Accommodations Files 8686 8690 8715 8718 8813 8877 8918 8968 9088 9095 9182 9194 141382 Depots Petitions for How Handled 13 Depots Petitions for Files 8670 8689 8771 8832 8847 8891 8945 8955 8956 8995 9048 9132 9140 9176 141382 Depots Rules Governing Petitions for 457 Derailments Duty to Notify Commission of Files 9220 9221 361 Directions for Computing Rates 470 Discontinuing Operations Over Portions of Line 122 Discontinuing Passenger Trains File 8803 I 141382 Discrimination in Rates Files 8662 8792 8829 8834 8914 8915 141382 Distance Tables 514 Drinking Water on Trains and at Depots File 8991 268 Dunnage Allowance for File 8962 256 See also Rule 34 456 Duties of Commissioners Office Rules Governing x 135 Earnings of Railroads 569 Ejection of Passengers Damage Claims Account of 91 Election of Commissioners Law 395 Electric Light Companies File 9000 272 Electric Light Companies in Georgia List of 557 Electric Railways Petitions and Complaints Files 8674 8907 8944 8951 9093 9106 9142 9209 141382 Elevation of Railroads Map Showing 17 Employees of Commission Rules Governing Duties of 135 Employees of Railroads Required to Furnish Commission Information 114 Empties Return of Files 8694 8708 8869 8997 141382 Empty Cars Requests for Files 8873 9042 9055 9056 9059 9099 9145 9150 446 Estimated Weights Rules Governing 445 See also Files 8657 8799 9023 9160 141382 Examination of Rooks of Corporations Engaged in Interstate Transportation Only 25 Excess Baggage Rates 441 Expense Bills What They Must Show Rule No 2 444 Expenses of Railroad Commissions in Various States 128 IV Expenses of Railroads Operating 569 Experimental Service Files 8701 8720 9191 9262 141382 Explosives Transportation of 44 Express Agencies Petitions for Files 8721 8859 8964 9132 141382 Express Companies Jurisdiction of Commission Over Law 391 Express Rules 540 Express Service Files 8797 8902 9154 9212 9257 141382 Express Tariffs 535 Failure of Passenger to Procure Ticket 61 Fencing Rights of Way 87 Financial Statements 564572 Flag Stops Petitions to Abandon Files 8853 8881 8905 8919 9159 9237 141382 Flag Stops Petitions for Files 8821 8824 8870 9040 9215 141382 Flag Stations Shipments to 21 Formal Complaints and Petitions 141 Free Service by Telephone Companies to Their Directors and Stockholders 108 Free Telephone Service to Municipalities 28 Free Transportation by Express Companies for Railroad Officials 67 71 Free Transportation of Railroad Contractors 80 Free Transportation of Persons Engaged in Charitable Works 70 Free Transportation of Certain Classes of Freight 107 Free Transportation to Employees of Other Lines 47 Bree Transportation to Local Attorneys and Surgeons 65 Free Transportation to Witnesses 47 Freight Tariff Classes 466 Gas Companies in Georgia List of 557 General Orders 414 Increase in Rates Petitions for Files 9167 9208 9217 9253 141382 Increasing Rates Without Authority of Commission Files 9161 9162 9202 9229 9245 141382 Information to be Furnished Commission by Railroad Employees When Required 114 Information as to Sale of Bonds Authority of Commission to Require 125 Inspection of Railroads Law 390 Inspection Reports Bile 9135 327 Insufficient Train Crews 51 Interchangeable Mileage 9244 373 See also Opinion of Special Attorney 66 Interior Navigation of United States Map of 18 Interstate Commerce Commission Duty of Commission to Appeal to Law 388 Interstate Demurrage Rates and Rules File 8755 177 Interstate Freight Rates Files 8667 8669 8787 8789 8879 8982 8989 9031 9062 9171 9179 141382 Interstate Passenger Rates Files 8728 9016 141382 Interstate Passenger Trains Flag Stops File 8835 206 Interstate Shipments When Subject to State Control 2326 V Issue Meaning of As Contained in Let 1907 19 Joint Rates Rule 27 page 452 File 8661 145 Jurisdiction of Commission Over Claims 48 Jurisdiction of Commission Over Cotton Compresses 42 Jurisdiction of Commission Over SideTracks 50 Jurisdiction of Commission Over Sleeping Car Companies 53 Law See Acts of General Assembly Letter Transmitting Report to Govrnor 3 Liability of Railroads Where Goods are Destroyed by Cyclone or Fire 33 62 Liability of Railroads for Goods Remaining in Depots 32 Loss Claims for How Handled by Commission 11 Loss Claims for When Occasioned by Cyclone 62 Map Interior Navigation of the United States 18 Map of River Basins in Georgia 413 Map Showing Railroad Elevations 17 Marking Shipments Right of Carriers to Require 38 Maximum Rates of Commission May be Lowered by Railroads 46 Mileage Interchangeable 66 Mileage of Railroads in Georgia 562 Misrouting Claims Account of File 8683 153 Misrouted Shipments Right of Consignee to ttefuse 40 Mixed Shipments Rule No 30 455 Municipal Lighting Plants Jurisdiction of Commission Over 115 Negroes Passenger Accommodations for 78 Non Use of Power Granted to Issue Bonds g 90 Operations of Trains Dangerously Files 9027 9141 141382 Opinions of Special Attorney to Commission 19 Orders General 415 Packing Shipments Right of Carriers to Require 38 See also Files 8854 8864 8874 8974 9126 141382 Passenger Accommodations Lack of File 9213 359 Passengers Boarding Trains Without Tickets 61 Passenger Tariff Classes 465 Passenger Train Connections Files 8705 8913 9013 9072 9157 141382 Passenger Train Crews Authority of Commission to Regulate Number Of 51 Passenger Trains Operated Experimentally File 9112 317 Passenger Train Service Petitions for Files 8676 8677 8726 8783 8788 8826 8857 8890 8909 8926 8998 9068 9158 141382 Passenger Train Schedules Authority of Commission to Regulate 31 Passenger Trains Stopping on Flag Files 8821 8824 141382 Passenger Trains Stopping at Depots File 8664 146 Passenger Train Schedules Changes in Files 8710 8752 9058 9075 9085 9146 141382 Penalty Demurrage Files 8660 8678 8706 8711 8780 8812 8841 8856 8975 9026 9119 9247 141382 Penalties for Delays in Settling Claims 57 Petitions and Complaints 141 Placing Cars for Unloading Files 8765 8844 9155 141382 Policemen Free Transportation of 29 Power Companies in Georgia List of 557 Power Companies Not Furnishing Power to Public 93 Prepaid Shipments Railroads Requiring Files 8957 9005 9200 141382 Prepayment Freight Charges 81110 Profile Map of Railroads Showing Elevations 17 Prompt Receipt and Delivery of Freight Law 392 Protection for Freights on Depot Platforms File 8754 176 Public Uses Meaning of As Found in Section 5 Act of 1907 118 Pullman Company Jurisdiction of Commission Over 53 Railroad and Terminal Companies in Georgia List of 554 Rate or Tariff Department of Commission f 15 Rate Quotations Disregard of 7 Rates Complaints of Discriminations in Files 8662 8792 8829 8834 141382 Rates Direction for Computing 470 Rates Increased Without Consent of Commission File 8736 172 Rates of Commission Maximum Rates 46 Rates Special Petitions for1 Files 8662 8680 8697 8709 8767 8827 8831 8836 8837 8839 8858 8897 8898 9028 141382 Rebates See Rule No 2 page 435 File 8766 182 Recommendations 6 Refunding Demurrage Charges File 8815 199 Refusal by Railroads to Accept Shipments in Bad Order 61 Refusal to Accept Shipments Files 8722 9030 9156 9165 9192 9219 9348 141382 See also Opinion Special Attorney 95 Renting Space on Railroad Rights of Way by Shippers 109 Report Letter Transmitting 3 Reweighing Shipments Files 8667 8980 141382 River Basins in Georgia Map of 412 Routing Instructions Disregard of 76 Routing Shipments Files 8932 8961 9029 9057 9082 9092 141382 See also Rule 33 456 Rules of Commission viz Freight Rules 444 General Rules 437 Passenger Rules 440 Governing Applications to Issue Stock and Bonds 131 Governing Collection of Storage Charges 458 Governing Commissioners and Employees 135 Governing Erection and Location of Depots Stations etc 457 Governing Express Companies 540 Governing Telegraph Companies 464 Rules Governing Interchangeable Mileage 66 Safety of Railroad Tracks Cars etc Law Governing 390 Schedules Advertising of Authority of Commission to Require 101 Separate Accommodations for Races Law page 393 File 8942 248 Sheds on Freight Depots 5 YII Side Tracks Condemning Land for 55 Side Tracks Authority of Commission to Require Construction of 50 Side Tracks Petitions for How Handled 13 Side Tracks Petitions for Files 8671 8801 8865 9066 141382 Side Tracks Rental Charge for Files 8751 8995 141382 Side Tracks Removals of Files 8781 8816 9104 9216 9227 9243 9267 9268 141382 Sleeping Car Companies Jurisdiction of Commission Over 53 Special Rates Petitions for Files 8662 8680 8697 8709 8767 8827 8831 8836 8837 8839 8967 9028 141382 Spliced Ties Use of by Compress Companies 98 Standard Tariff 468 Station Accommodations at Night Law 395 Steamboat Lines Jurisdiction of Commission Over 85 Stock and Bond Issues Authorized by Commission Statement of 139 Stock and Bond Issues by Lumber Companies Owning Railroads 36 Stock and Bond Issues Petitions for How Handled 11 Stock Issues Petitions for Files 8655 8656 8668 8729 8733 8739 8778 8791 8804 8875 8876 8916 8917 8933 9015 9044 9185 9222 9226 9255 9258 141382 Stock and Bond Issues Rules Governing Applications for 131 Stopping Interstate Trains at Stations in Georgia 73 Stopping Passenger Trains at Depots See Rule 13 Page 441 Files 8664 9035 9230 141382 Stopping Trains at Street Railroad Crossings 69 Storage Charges by Express Companies 39 Storage Charges Law Governing 390 Storage Charges Rules Governing 458 Stoves Special Rates on s 424 Street Railroads Application Railroad Laws to 121 Street Railroads in Georgia List of 557 Suits Where to File 24 Switching Files 8654 8734 8950 9024 9045 9049 9115 141382 Tariff Standard 468 Tariffs Freight 466 Tariffs Passenger 465 Tax Assessments Arbitration of Law 394 Tariff Department of Cpmmission 15 Telegraph and Telephone Companies in Georgia List of 560 Telegraph Companies Jurisdiction of Commission Over Law 391 Telegraph Companies Using Property of Railroads 52 Telegraph Companies Rules Governing 464 Telegraph Offices Closing of Files 8738 8884 141382 Telegraph Offices Petitions for Files 8921 8970 141382 Telegraph Service Complaints of Files 8772 8937 9070 9137 9190 9196 9218 141382 Telephone and Telegraph Companies in Georgia List of 560 VIII Telephone Companies Files 8681 8698 8775 8828 8850 8895 8896 8928 8924 8940 8973 9073 9074 9125 9204 9205 9250 9253 141382 Telephone Companies Constructing Line Along Public Highways 89 telephone Lines Authority of Commission to Require Physical Connection of 34 Telephone Service Files 8659 8695 8762 8785 8838 8842 8861 8952 9122 141382 Telephone Service Free to Directors and Stockholders 108 Through BillsLading and Passenger Tickets File 9032 286 Toilet Facilities in Depots File 8918 236 Track Inspections Track Scales Authority of Commission to Require 45 Train Connections Passenger Files 8705 8913 9013 9072 9157 141382 Tram Roads File 8758 178 Transfer Charges Freights Files 8654 9045 9175 141382 Transfer Charges Passenger File 8977 262 Transfer Companies Jurisdiction of Commission Over 100 Transfers Electric Railway Files 8951 8985 8987 141382 Transportation Free To Employees of Other Lines 47 Transportation Free To Surgeons and Attorneys 65 Transportation Free To Witnesses 47 Transportation of Explosives and Inflammables 44 Uniform BillLading Use of File 8653 141 Uniform Rules File 9053 295 United States Railway Mail ServiceFile 8843 208 Use of Property Without Consent of Owner 63 Use of Railroad Property by Telegraph Companies 52 Water Drinking at Depots and on Passenger Cars File 8686 154 X