THE LIBRARY OF THE UNIVERSITY OF GEORGIA
Gift of
Georgia Railroad Commission
CPsujJbicj
THIRTYNINTH REPORT
OF THE
RAILROAD COMMISSION
GEORGIA
CHAS MURPHEY CANDLER Chairman GEORGE HILLYER ViceChairman JOSEPH F GRAY PAUL B TRAMMELL JAMES A PERRY
Commissioners
J PRINCE WEBSTER Rate Expert CAMPBELL WALLACE Secretary JAMES K HINES Special Attorney
REPORT
LETTER OF TRANSMITTAL AND REVIEW
Atlanta April 1st 1912
To His Excellency Joseph M Brown Governor
Sib In obedience to law the Railroad Commission of Georgia herewith submits its 39th Annual Report covering the year ending December 31st 1911 including data and information as to its work and the operations of public service corporations under its jurisdiction together with such recommendations as to legislation as in its opinion are desirable
The work of the Commission increases year by year with the rapid increase of population the encouraging growth and diversity of business the multiplication of public service corporations and the increasing development of the States natural resources
The Commission stands as arbiter between two and threequarter millions of Georgians with their diversified needs of service and the increasing number of corporations and persons who desire or are willing to devote their property to the supplying of these service needs It is entirely natural that as between such interests there should frequently arise questions of difference which can not be settled by the parties at interest with mutual satisfaction This Commission is a forum where they can meet and where equal justice may be expected The constantly increasing calls for the services of the Commission indicate that the public and the corporations recognize this statement as true
As indicative of the extent variety and importance of the work of the Commission attention is called to the following number of corporations reporting to it during the past year towit
Street railroad gas electric light and power companies 45
Steam railroads 62
Terminal companies 5
Express companies 1
Telegraph companies 2
Telephone companies v 61
Cotton compress companies 12
Total
188
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4
As compared with 160 reporting in 1910
During 1911 formal disposition was made of 557 complaints the number and
class of subjects thus handled being as follows
Passenger fares and train service 70
Freight rates 143
Freight train service 67
Claims for overcharge loss damage and demurrage100
Depots and stations 56
Side tracks and spurs 10
Street car service and fares etc 6
Gas and electric light service 5
Express rates and service 31
Telephone and telegraph rates and service 33
Stock and bond issues 22
Miscellaneous 14
Total557
As compared with 531 complaints similarly handled in 1910 The Commission held 118 different sessions during 1911 In addition to the above the Commission has without the necessity of formal hearings or orders received and disposed of more than three thousand complaints and inquiries these also requiring time and investigation
OPERATIONS OF PUBLIC SERVICE CORPORATIONS
The Commission is pleased to report that as a whole the public service corporations under its jurisdiction have enjoyed continued prosperity during the past year There is no better barometer of business conditions generally than to find the corporations serving the public and so largely instrumentalities through and by means of which the general public carries on its business active and prosperous That this is true in Georgia is abundantly evidenced by the detailed reports of their financial operations hereinafter included
For the fiscal year 1911 all corporations reporting to the Com
mission showed gross earnings 6151140981
The same corporations reported net earnings 2044122831
For 1910 gross earnings were 5597627239
For 1910 net earnings were 1852486728
It will be noted that gross earnings increased over 1910 553513742 or 8 and 910 per cent while net earnings increased 191636103 or 9 and 310 per cent
The Commission approved during the year for different corporations capitali
zation issues as follows
Capital stock 4174650000
Mortgage bonds 4155500000
Equipment trust and time notes 168948899
Tofaf JappQvais 7499098899
The large pevpethg of these authoriofi were for new construction and equipment o 1
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STEAM RAILROADS
The total railroad mileage operated in Georgia on December 31st 1911 was 713803 miles as against 705554 last year or a net increase in mileage of 8249 miles However the actual new construction during the past year was 9762 miles the difference arising out of the fact that by realignment reconstruction straightening and abandoning 1513 miles of railroad carried the previous year were discontinued
The gross earnings of railroads on Georgia traffic for
1911 aggregated 4726245927
As against 1910 gross earnings 4417166814
Net earnings 19li aggregated 1435395419
As against 1910 net earnings 1383334029
The net earnings show fair increases notwithstanding increased expenses for maintenance of roadways and equipment and in the wages of employees There are approximately 41000 railroad employees in Georgia whose wages according to careful estimates have been increased about 100000000 during the past two years It is gratifying to note that notwithstanding these commendable increases in operating expenses the net earnings of the carriers in Georgia1 for 1911 are the largest in the history of State railroad operations
The Commission has not had sufficient clerical office force to make many interesting statistical compilations from railroad operating reports which it has in hand but has been able to prepare statements with some detail as to the operations of the ten principal lines in Georgia and these it submits herewith
See next page
In view of the approaching termination of the lease of the Western Atlantic Railroad the States property the Commission required for the past year and will continue so to do in the future a separate report as to its operation by the lessee apart from the Nashville Chattanooga St Louis system and to this statement as of special interest to the State attention is called It is also gratifying to report the splendid physical condition in which the roadway is kept by the lessee
A study of the operations of these ten lines would indicate that the average distance each passenger in Georgia travels is forty miles and that each ton of freight is hauled an average distance of one hundred and three miles
A further study of these statistics indicate tnat the railroads in Georgia transported during 1911 between nineteen and twenty million revenue passengers and hauled approximately thirtyseven and onehalf million tons of revenue freight For each passenger transported it appears the carriers hauled approximately two tons of freight and according to the 1910 census an average of seven trips on passenger trains was made for each person residing in Georgia These figures do not include passengers riding on passes of whom there are still a large number nor company freight moving deadhead The above figures are not absolutely accurate but are approximately correct and may be fairly used in a statement of averages
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Comparative Figures Showing Oprations of Xen Principal Railroads in Georgia
Atlanta Birmingham Atlantic Railroad Atlanta West Point Atlantic Coast Line Central of Georgia Railway I Georgia Railroad Georgia Southern Florida Railway Louisville Nashville Railroad Seaboard Air Line Railway Southern Railway Western tlantic Railroad 1
Total No Revenue Passengers 733733 668902 1541771 3914063 1278934 709240 310105 1291565 2448043 475521
Avg Dist Carried per Passenger Miles 2978 3466 4357 3318 3219 4222 3974 4833 4844 5119
Avg Revenue per Passenger 6785 6985 9457 6807 6899 9038 9408 9027 10373 11006
Avg Revenue per Passenger per Mile 0227 0201 0217 02051 0214 0214 0236 0186 0214 0214
Passenger Revenue per Mile of Road 121554 638389 244678 236139329762 357654 134005 192619 291670 523216
Total No Tons of Revenue Freight 1307177 806212 3333077 4563279 1843222 921673 2409986 3271490 5156608 2247063
Avg Distance Hauled per Ton 13777 5635 9875 12861 11282 10938 9119 8210 11854 10081
Avg Revenue per Ton per Mile 0088 0139 0106 0112 0102 0101 0073 0120 0087 0097
Freight Revenue Per Mile of Road 339259 70098 485671 493166692993 427830 624809 433384 505114 1609023
Gross Earnings Per Mile of Road 458899 1299293 769202 7647341045696 796731 771268 661012 815416 2207049
Operating Expenses Per Mile of Road 329073 895863 492223 501208785616 538692526528 491188 596720 1495120
Net Earnings Per Mile of Road 129826 403430 155676 263526260082 258038244740 169824 218696 711929
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STREET RAILROADS
What has been said as to the continued prosperity and growth of the business of steam railroads in Georgia it is gratifying to note can be said of street railroads in our cities The past year has been the most prosperous in their history and their patronage is rapidly increasing year by year This is due not alone to increase in urban and suburban population but in our opinion to improved facilities and service and to the ability of the public to do more riding
There are ten electric street car systems in operation in as many cities in Georgia During the past year these ten roads hauled 94262623 passengers 78110241 of whom were revenue passengers and 16152382 were transfer and
nonrevenue passengers
According to the 1910 United States Census the population of the cities served by these street car companies was 379666 This would indicate an average of 224 street car trips per annum for each resident of these cities
NEW DEPOTS
Forty new depots were built in Georgia during 1911 most of them at the instance of or through the efforts of the Commission
SECOND TRACK
There were under construction on December 31st 1911 in the State approximately sixty miles of second track the large percentage of which is by the Southern Railway between Atlanta and Gainesville
TRACK inspections
During the year 1038 miles of main line track were inspected These inspections are made by the Commissions Inspector on foot and his reports cover his observations as to the condition of road bed track bridges trestles and depots the character of construction the weight of rails kind of ballast condition of depots facilities etc Copies of his reports are mailed to the proper road officials and their attention directed to defects noted with directions that they be remedied The individual roads inspected were as follows
Southern Railway Company Atlanta to Rome
Seaboard Air Line Railway Atlanta to Alabama State Line
Georgia Southern Florida Railway Macon to Cordele
Atlanta Birmingham Atlantic Railroad Atlanta to Cordele
Macon Dublin Savannah Railroad Macon to Yidalia
Georgia Northern Railway Boston to Albany
Georgia Southwestern Gulf Railroad Albany to Cordele
Georgia Railroad Macon to Camak
Georgia Florida Railway Yidalia to Valdosta
Central of Georgia Railway Columbus to Macon
Seaboard Air Line Railway Cordele to Columbus
FREIGHT RATES
As of interest inconnection with the foregoing statement of railroad earnings the Commission submits herewith tables as to the freight revenue per ton per mile of the ten principal railroads in the State as compared with some of the principal lines of the East and West This information as to the Georgia lines is taken from their annual reports to this Commission As to the Eastern and Western lines from A Preliminary Abstract of Statistics of Common Carriers for the Year Ending June 30th 1911 compiled and distributed by the Interstate Commerce Commission
Intrastate Georgia rate Entire line
Per ton per mile Per ton per mile
A B A R R 0088 0086
A W P R R 0139 0139
A C L R R 0106 0121
C of G Ry 0112 0109
Ga R R 0102 0102
G S F Ry 0101 0102
L N R R 0073 0076
N C St L Ry W A 0098 0101
S A L Ry 0120 0116
Sou Ry 0087 0096
Averaging 0102 0104
From this table it will be observed that the intrastate Georgia rates of the railroads enumerated are practically the same as the rates shown for the entire line The railroads above mentioned are representative and carry the lowest freight rates prevailing in Georgia and aggregate almost twothirds of the railroad mileage in Georgia
Eastern Lines
Pennsylvania Railroad
New York Central
Philadelphia Reading Averaging
Rate per ton per mile Entire system 0058 0062 0075
0065
Western Lines
Illinois Central
Norfolk Western
Chesapeake Ohio
Rock Island
Chicago Northwestern Chicago Burlington Quincy
Missouri Pacific
Canadian Pacific
Averaging
Rate per ton per mile Entire system 0060 0044 0041 0091 0090 0081 0089 0081 0072
From the above comparative figures it will be seen that the railroads in Georgia earn more revenue per ton mile on freight traffic handled than that
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received by the large eastern and western lines enumerated above It should be borne in mind however that these large eastern and some of the western lines operate under different conditions with a larger volume and much greater density of traffic which conditions make for lower rates
HYDROELECTRIC DEVELOPMENTS
The director of the U S Geological Survey estimates the minimum available hydroelectric horse power in Georgia at 641400 with a possible maximum development of 1000000 horse power This we understand includes powers used for private purposes
Report to the Commission show the following hydroelectric developments for public uses as now in operation and under actual construction towit
Georgia Railway Power Company
Bull Sluice Plant
Dunlap Shoals
Tallulah Falls
Athens Railway Electric Co
Barnett Shoals
Tallassee Shoals
Mitchels Bridge
Central Georgia Power Company
Columbus Power Company
Wofford Shoals Light Power Company Gainesville Railway Power Company Albany Power Manufacturing Company Toccoa Falls Light Power Company
Towaliga Falls Power Company
Augusta Street Railway
18000 H P
3000 H P
96000 H P117000 H P
4000 H P
1200 H P
868 H P 6068 H P
15000 H P
11625 H P
4000 H P
1200 H P
2500 H P
133 H P
2500 H P
2700 H P
Total actually developed and under construction
162726 H P
In addition to the foregoing the Commission has approved capitalization
issues for future construction as follows
Central Georgia Power Company 55000 H P
Georgia Railway Power Company 222000 H P
Total planned development 284000 H P
Total hydroelectric power development for public use in Georgia actually operated under construction and planned as reported to this Commission estimated 446726 H P
It will be noted that 416000 of the above estimated horse power is owned by two corporations
LITIGATION
The Commission is pleased to be able to report that during the past year only one of its decisions and orders has been questioned in the courts It has
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labored earnestly and conscientiously to arrive at fair and just conclusions in each of the many difficult questions brought before it and with only this one decision questioned as mentioned congratulates itself that it has in a measure been successful in its efforts
The order questioned was passed on complaint of merchants of Adrian against the Wadley Southern Railroad charging undue preference and discrimination in favor of shipments reaching it via the Central of Georgia Railway as against shipments reaching it via the Macon Dublin Savannah Railroad in violation of the Act of 1874 requiring carriers to extend like and equal facilities to all connecting lines or routes The Commission sustained the complaint and ordered the discriminatory practices discontinued The Wadley Southern refused to obey the order whereupon on recommendation of the Commission your Excellency ordered suit brought by the special attorney to the Commission for refusal to obey the order This was done and a fine of 100000 imposed In its defense the Wadley Southern made a sweeping attack on the constitutionality of the act of 1907 The road carried the case to our Supreme Court and in a decision recently handed down that court sustained the Commission and upheld the constitutionality of the Act of 1907 on every ground of attack
The defendant road has appealed the case to the Supreme Court of the United States where it is now pending
Because of the importance of the case the opinion of our Supreme Court is published in full in the abstract of this case carried elsewhere in this report
EXPRESS RATES AND SERVICE
For nearly a year the ommission through a special committee and its rate expert has been making a thorough study of the rates practices and services of the express companies doing business in Georgia and has secured a large volume of important data and information upon the subject by correspondence personal research and from inquiries directed to the Southern Express Company
No formal proceedings have as yet been instituted the Commission desiring before instituting such first to inform itself by a general study of the subject and second to await the results of the very full investigation of the Interstate Commerce Commission of interstate rates practices rules and services of the express companies
Our investigation shows that approximately seventyfive per cent of the express freight moved in Georgia is of interstate character The Commission has therefore deemed it wise to await instituting a more formal investigation than that it has been conducting until the Interstate Commerce Commission concludes its investigation and issues orders which it is confidently expected will bring about needed improvements and reforms
A NEW RAILROAD MAP OF GEORGIA
The Commission issued during the latter part of December a new and revised railroad map of the State the first since 1908 the supply of which was
il
about exhausted In the compilation of this map unusual care was taken to make it accurate and in this the Commission received valuable assistance from all of the railroads The Commission is convinced that it is the most accurate railroad map of the State yet issued by it The demand from the people of the State for copies is regular and these are mailed to such citizens as apply for them
ACCIDENTS
The safety of the public in traveling upon steam and street railroads and of the employees of such carriers should always be a matter of deep concern to government as well as carriers
During the past year for the first time in its history the Commission has required of all carriers by formal order immediate reports of all derailments collisions or accidents in yards where any person is injured or killed In several instances where there was probability that the accident was caused by defective roadway or equipment and as it had available funds the Commission through its inspector has had careful inquiries made into the probable causes and personal inspection of the scene The Commission is strongly convinced of the wisdom of inspecting and examining into the causes of every serious accident and would do so had it the necessary funds
It has had tabulated all the accidents reported during 1911 by steam and street railroads operating in Georgia and attention is called to this table as printed in the latter part of this report The facts shown towit 1051 passengers and 1033 employees injured and 20 passengers and 62 employees killed or a total of 2166 passengers and employees injured and killed by carriers in Georgia during twelve months ending December 31st 1911 emphasizes the importance of the foregoing recommendation
RECOMMENDATIONS
Under the law it is made the duty of the Commission to recommend from time to time such legislation as they the Commissioners may deem advisable In obedience to this law the Commission submitted several recommendations in its last annual report to which it again invites the attention of the General Assembly The more important were
CERTIFIED COPIES OF RATE SCHEDULES ETC
An amendment to paragraph 2 Section 5 of the Act approved August 22d 1907 to authorize the Chairman of the Commission in the absence of the Secretary to certify any schedule of rates or any order rule or regulation prescribed by the Commission so as to make the same admissible as evidence in the Courts the same as if certified by the Secretary
THROUGH BILLS OF LADING
The enactment of legislation conferring upon the Commission power and authority to require the issuance by carriers of through bills of lading and of
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coupon passenger tickets and the checking of baggage through to destination Hardly a week passes in the administration of this office that our attention is not called to the necessitous importance of such legislation and we again earnestly recommend its enactment
OVERCHARGE DEMURRAGE CHARGES AND LOSSES
Under the wording of the Act of 1907 in reference to the settlement of overcharges and losses it is difficult for the Commission to formulate such a rule as will stand test in the courts We therefore urge the amendment of this Act so as to read as follows
It shall have authority to order all railroad companies and other corporations subject to its jurisdiction to pay all just claims for overcharges demurrage charges and for losses and to fix penalties by rule or order or both for failure to pay the same when so required
TRACK AND EQUIPMENT INSPECTION
The Commission again urges the great importance of regular inspection by competent officers under its direction of the track and equipment of steam and street railroads Mention is made elsewhere in this report of the fact that since our last annual report we have had about one thousand miles of railroad track inspected This is about oneseventh of the mileage in the State The inspections annually are limited by the funds placed at our command Road bed track bridges trestles depots track and warehouse scales locomotives motors and freight and passenger cars ought to be regularly inspected and the attention of operating officials called to discovered defects We are satisfied that thousands of dollars could be saved taxpayers of the State who are also gas and electricity users if the Commission had in its employ competent meter inspectors whose business it should be under direction of the Commission to visit the cities and towns of this State inspecting and testing gas and electric meters equipment etc for municipalities and individual consumers
EXPERT APPRAISALS
In addition to the foregoing the Commission earnestly recommends that sufficient funds be given it to enable it to employ when necessary expert engineers for the appraisal of physical values of properties involved in capitalization or rate making questions and for the audit of the books and accounts of interested corporations that reliable and impartial information as to their earnings may be secured Without knowledge of the fair value of the property devoted to the public use at the time of the inquiry and of what it is earning at that time under existing rates it is impossible for a Commission to do better than merely guess at what is a reasonable and just rate
It is well settled that every public service corporation is entitled to such
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rates as will give it a fair return upon the fair value of its property at the time it is being used for the public provided such rates shall not exceed the value to the public of the service rendered It is absolutely essential therefore in fixing rates for such corporations which will be fair to them and the public that the Commission should be accurately informed of the present values of their properties and of the returns they are receiving at the time from existing rates
Valuation appraisals and the study and analysis of accounts involve the finest expert shill
The Commission ought to have at its command sufficient funds to employ its own experts for such work in order to secure full disinterested and impartial information on these vitally important points
A private citizen complaining of unreasonably high rates in his town for gas or electric lights can not afford such an expense of course The Commission has not sufficient funds and the result is that no real and thorough investigation can be made and justice may fail entirely to one party or great injustice be done the other
Corporations are constantly applying for the approval of stock and bond issues based upon estimates of values made entirely by their own engineers The Commission ought not to be forced to accept them as true or reject them as exaggerated without having impartial appraisals by competent engineers in its employ by which to justify its approval or disapproval
ADDITIONAL OFFICE FORCE
The Commission hesitates to prefer any recommendation involving additional expense to the State in its work and only does so under a realization of a real need This office requires numerous reports from corporations subject to its jurisdiction carrying important information as to their rates expenses income operations services etc These should be carefully analyzed as received and the results tabulated for the use of the Commission in its frequent investigations of complaints as also for the information of the public
Again the Commission has very frequent investigations in which much oral evidence is taken In a subsequent consideration of the case the Commissioners are compelled to rely entirely upon their memories as to the facts submitted in evidence This is very unsatisfactory In all important cases the entire evidence should be stenographically reported written out and permanently preserved with the record of the case This is especially important should litigation over the Commissions decision or order in the matter arise
With sufficient funds say 180000 per annum the Commission could secure a statistical clerk who would be a stenographer and report all important cases heard This combination of duties would keep one competent clerk busy the entire time greatly facilitate the work of the Commission and enable jt to supply the public with much desirable information as to the financial era
tions and services of the corporations doing business in the State The present clerical force of the Commission has all the work it can possibly do
Respectfully submitted
C M Candles Chairman
George Hillyer ViceChairman Joseph F Gray
Paul B Trammell
James A Perry
Commissioners
J Prince Webstr Rate Expeft Campbell Wallace Secretary
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STOCKS AND BOND ISSUES
Elsewhere in this report will be 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 fixed by the Commission for the hearing is given all parties likely to be interested and full opportunity given them to present whatever facts they might desire the Commission 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
The Commission under the law is left to exercise a wide discretion in approving Stock and Bond issues possibly too wide There seems to be a universal tendency on the part of developers and promoters to over capitalize their enterprises So much is this in evidence that the Commission during the past year deemed it proper to outline its future policy as to its approval of capitalization applications and herewith quotes extracts from an opinion defining its attitude in regard thereto
EXTRACT FROM OPINION OF THE RAILROAD COMMISSION OF GEORGIA DATED OCTOBER 27TH 1911 OUTLINING THE FUTURE POLICY OF THE COMMISSION AS TO ITS APPROVAL OF STOCK AND BOND ISSUES
The Commission is not satisfied from the evidence produced at the two hearings it has given in this matter that this sum of capitalization is reasonably necessary or required for the construction and equipment indicated
In the passage of the Act of 1907 requiring the approval by this Commission of stock and bond issues by public service corporations subject to its jurisdiction two great ends were in view towit
1st The protection of the public against unreasonable rates in order to earn upon such capitalization and
2nd The protection of the public as purchasers or investors in such corpor ate stocks or bonds
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By basing rates more strictly upon present actual values of the investment apart from any consideration of capitalization the first end is lessened in importance but the second grows
The public especially that increasing body of it which does not make it a business to speculate in stocks and bonds or especially study their values but now and then from its frugal savings seeks a nest egg or rainy day investment is more and more depending upon a beneficent public policy under progressive ideas of government in the interest of the public and wise and conservative govermental regulations of public service corporations to protect it against valueless stock and bond issues by corporations created alone to serve the public
This has found expression in our Georgia law in requiring the stamp of approval by this Commission as a governmental body upon such issues
For this Commission to approve these issues except after conscientious investigation and satisfactory proof as to the values behind them and on which they are based would not only be a violation of the letter and spirit of the statue but a plain abuse of the peoples confidence and trust as also official sanction of the taking without consideration of their money savings
The policy of this Commission has not heretofore been one of rigidly strict construction of its duties under the Act of 1907 The policy for the first time in Georgia therein declared was newpossibly experimental in a measure and the Commission has been inclined to do nothing that might be construed as discouraging meritorious enterprises or as tending toward undue supervision and strictness Nothing herein stated is to be taken as reflecting in any degree upon the character of the pending application or its promoters Under the policy mentioned the original application of this company received very liberal treatment possibly too much consideration and hence it has seemed advisable to outline our future policy in this connection
The Commission recognizes the not infrequent necessity of giving stock bonuses with bonds at a discount in order to raise funds for ofttimes the most promising constructions Such an occasional necessity however should not be permitted to grow into an evil We recognize the need of increased transportation facilities in Georgia and the common honesty demanded in their treatment by people and government The people often clamor for the construction of some public utility and are apparently willing to pay any price even to the giving of their birthrights and the mortgaging of the rights and property of generations yet unborn for their present enjoyment
Some promoters too often play upon the selfish inclinations of some of the public and with a hue and cry against old fogyism and antiquated ideas and loud protestations as to progress and modern methods overreach an unthinking public and deprive future generations of their inheritance
It is the purpose of this Commission to encourage every legitimate enterprise for the upbuilding of Georgia in so far as it shows merit but it is not going to put its imprimatur on stocks and bonds until satisfactory evidence is furnished that behind them is lawful and real value and ahead of them a reasonable prospect of a fair return under just and reasonable rates to the investor who pays his or her good money for them
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Under the showing as made the Commission declines to approve the pending application The hearing will be reopened at any time for a new or amended application or for the presentation of additional and satisfactory evidence as to the cost of construction the feasibility of successful operation and the reasonable requirements and necessity for the stock and bond issues approval of which by the Commission is asked
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 sometimes loLger 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 railway companies 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 large measure 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 rate is covering the shipment out of which claim accrued When such claims are 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 correct 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 inform
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ing 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 companies 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 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
Various reasons are given by the railroad companies why they should not be required to pay different claims filed byshippers under the reciprocal demurrage rules of the Commission In some cases the railroads decline to admit of
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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 wheh 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
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 the 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
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DEPOTS AND SIDETRACKS
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 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 d sired for the purpose of making a personal inspection of the necessities therefoi
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 her 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
WbsL
21
as 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 the Commission has been called upon to consider a large number of petitions for sidetracks and depots
RATE OR TARIFF DEPARTMENT
Effective March 1st 1909 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 shipments 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 assistance upon the consideration and determination f 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 fiftyodd 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
22
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 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 be had without the services of some one familiar with that kind of work
23
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 IV The General Assembly of this State shall have no power to authorize any corporation to buy shares or stock in any other corporation in this State or elsewhere or to make any contract or agreement whatever with any such corporation which may have the effect or be intended to have the effect to defeat or lessen competition in their respective businesses or to encourage 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 public as to the real rates charged or received for freights or passage and any such payments shall be illegal and void and these prohibitions shall be enforced by suitable penalties
Par VI No provisions of this article shall be deemed held or taken to impair the obligation of any contract heretofore made by the State of Georgia
Par VII The General Assembly shall enforce the provisions of this article by appropriate legislation
Power to regulate rates and fares
Corporaatlons subject to the provisions of this Constitution j
Corporations not authorized to buy shares tending to defeat competition
No secret
rebate
allowed
Not intended to impair contracts
Appropriate legislation required
24
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
The following references to the laws of the State on the subject of transportation 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 convey ances 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
25
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 shall furnish 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
Carriers to furnish water and light on passenger coaches
Equal accommodations to all
Police of railroads
Posting time of delayed trains
Carriers bound to extraordinary diligence
26
M
Effect of notice to limit 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
Bound to deliver without unreasonable delay 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
Time of responsibility The responsibility of the carrier commences with the delivery of the goods either to himself or his agent or at th6 place where be 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
Carrier has lien on goods 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
Fraud on carrier 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
Freight lists how made out 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
Freight receipts to be Issued 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
27
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 quality or value thereof and also the place of destination and any agent or official of such company violating the provisions of this section shall be guilty of a misdemeanor Code Section 602
T
All railroad companies in this State shall on demand issue duplicate freight receipts to shippers in which shall be stated the class or classes of freight shipped the freight charges over the road giving the receipt and so far as practicable shall state the freight charges over other roads that carry such freight When the consignee presents the railroad receipt to the agent of the road that delivers such freight such agent shall deliver the article shipped on payment of the rate charged for the class of freights mentioned in the receipts Code Section 2200
U
Where there are several connecting railroads under different companies and the goods are intended to be transported over more than one railroad each company shall oe 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 responsible to the consignee for any damage open or concealed done to the goods and such companies shall settle among themselves the question of ultimate liability Code Section 2298
V
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 Cod Section 2212 They are also required at the terminus or any intermediate point to receive from the connecting road of the same gauge when offered all cars consigned to any point on the road to which the same is offered and transport said cars to their destination with reasonable diligence Code Section 2302
W
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
Wheff 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
Duplicate
freight
receipts
Liability of railroads where there are several
Roads reauired to deliver to and receive cars from connecting roads
Weighing by sworn weigher
When lumber etc laps from one car to another
28
Unjust discrimination prohibited
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 line or route nor when a part of its own line is sought to be run in connection with any other route shall such company discriminate against such connecting line or in favor of the balance of its own line but shall have the same rates for all and shall afford the usual and like customary facilities for interchange of freight to patrons of each and all lines alike 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 Terory as aforesaid
29
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 enforcd 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 be 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
30
Location of office employment of Secretary expenses etc
Extortion by railroads forbidden
Unjust discrimination forbidden
Duty of commissioners
sioner becomes disqualified in any way he shall at once remove the disqualifications or resign and on failure so to do he must he 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 he 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 of said roads to another and to require the location of such depots and the establishment of such freight and passenger buildings as the condition of the road
31
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 YI 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 suflicient 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 etc
32
Jurisdiction and power of Commissioners
Power of Commissioners over contracts between railroads
Injuries resulting from violation of rules
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 oopy 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 prbvided by the Commissioners aforesaid inflict any wrong or injury on any person such person shall have a right of
33
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 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 subpoenas 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 case any person shall wilfully fail or refuse to obey such subpoena it shall be the duty of the judge of the superior court of any county upon application of said Commissioners to issue an attachment for such witness and compel him to attend
Rules of evidence
Meaning of terms
Duplicate
freight
receipts
Reports of Commissioners
Power of Commisi sioners over witnesses
34
before the Commissioners and give his testimony upon such matters as shall he 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
Railroad officers to report to Commissioners
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 be recovered in an action of debt in the name of the State
Sec XVII That all laws militating against this Act are hereby repealed
Approved October 14 1879
AN ACT
Duty to investigate through rates
Shall call attention of railroad officials to discriminations
Shall appeal to Interstate Commission
AttorneyGeneral to represent Commission
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
35
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 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 approved October H 1879
Section 1 Be it enacted by the General Assembly of this State and it is hereby enacted by th authority of the same That the caption of the above recited Act be and the same ishereby 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 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
POWER TO BRING SUIT
AN ACT
To amend Section 719 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 Georgia and it is hereby enacted by the same That section 719 i of the Code of Georgia of li82 be and the came is amended by adding thereto the following
The Commissioners shall halve 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
Caption of Act of Oct 1879 amended
By inserting and the location and building of passenger and freight depots
Penalty for violation of rules Amending section TN of original act
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Power to institute suit without notice
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
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 samewithout 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
INSPECTION OF RAILROAD TRACKS
AN ACT
To give the Railroad Commission of Georgia authorityupon complaint made toinspect 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 GeorgiaThat 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 theliability 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 beliable to a penalty of not more than five thousand dollars to be recovered by a suit brought in the name of 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
37
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 by
Railroad Companies in this State to prescribe regulations for charging the
same and to prescribe how suit shall be brought for overcharges and to fix
the measure of recovery and 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 Commission of Georgia and they are required to fix and prescribe a schedule of maximum rates and charges for storage of freight made and charged by Railroad Companies doing business in this State and to fix at what time after the reception of freight at place of destination such charges for storage shall begin with power to vary the same according to the value and character of the freight stored the nature of the place of destination and residence of consignee and such other facts as in their judgment should be considered in fixing the same
Sec 2 Be it further enacted That all the provisions of the Act creating said Railroad Commission and Acts amendatory thereof prescribing the procedure of said Commission in fixing freight and passenger tariffs and hearing complaints of carriers and shippers and of altering and amending said tariffs shall apply to the subject of fixing and amending rates and charges for storage as aforesaid
Sec 3 Be it further enacted That no Railroad Company shall make or retain directly or indirectly any charge for storage of freight greater than that fixed by the Commission for each particular storage nor shall they discriminate directly or indirectly by means 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
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
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Express and Telegraph Companies to be under the control of the Commission
For regultk tion 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
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 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 in 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
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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 tbe General Assembly of Georgia That from and after the passage of this Act all railroads doing business in this State shall be required to furnish equal accommodations in separate cars or compartments of cars for white and colored passengers Provided that this Act shall not apply to sleeping cars
Sec 2 Be it further enacted That all conductors or other employees in charge of such cars shall be required to assign all passengers to their respective cars or compartments of cars provided by the said companies under the provisions of this Act and all conductors of dummy electric and street cars shall 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 compartment or seat other than that to which he may have been assigned shall be guilty of a misdemeanor and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882 Jurisdiction of such offenses shall be in tha 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 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
Equal accommodations in separate cars
Employees to assign passengers their cars or compartments
Penalty for violating provisions of this act
Cars properly divided
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
White and colored passengers not to occupy same compartments
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Cars to be
comfortable
etc
Railroad Commission may regulate transportation of freights
Shippers requirements of
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 failure to so do shall be a misdemeanor punishable under section 4310 of the Code of 1882
Sec 8 Be it further enacted That alb laws and parts of laws in conflict with this Act be and the same are hereby repealed
Approved October 21 1901
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 regulate 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 prescrib 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 he 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 regulations 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 ihiles and regulations of said Railroad Commission such shipper or consignor shall likewise be subject under proper
Tules to be fixed by said Commission to the orders rules and regulations of said Railroad Commission
Sec 5 Be it further enacted hy 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
LIABILITY OF RAILROADS FOR DAMAGE TO PROPERTY IN TRANSPORTATION
Ax 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 T 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 to 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 fpr 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
Bills of lading between points within State
Claims against railroad companies penalty for failure to pay
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Railroad Passengers station accommodations for at night
Penalty for failure to provide
Railroad Commissioners election of
Term pf office and elections
be recovered but the recovery shall be limited to the actual loss or damage or overcharge with interest thereon from the date of filing said claim
Sec 3 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
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 opem 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 this 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 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
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
43
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
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 dutie and compensation to revise 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
Regulations
Vacancies
44
Five Commissioners
Terms of office
Qualifications of Commissioners
Chairman of Board
Rate Expert
Printed reports admissible as evidence
Section 1 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 office 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 he 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 hut the appointees hereunder shall be commissioned only until December 1 1908 said positions to be filled for the unexpired terms by two 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 he 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 he 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 cost 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 to 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 The power 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 he admissible in evidence in any court in Georgia upon the certificate of the Secretary of the Commission
45
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 persons or companies owning leasing or operating the same and over telegraph 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 and charter 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 jurisdiction 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 corpora2 tion subject to their supervision and compel the production thereof Said Com
Authority
over Street
Railroads
Docks
Terminals
and other
corporations
Power of Commission
46
Side tracks
Passenger
service
Physical
connection
Overcharges and losses
Transferring
cars
Depots and Agents
Schedules
Issuance of Stocks and Bonds
mission 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 purpose of examination and such Commissioner or Commissioners shall have full power and authority to examine the agents and employees 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 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 notice or hearings to persons railroads or other corporations interested in the rates orders rules or regulations issued by said Commission before the same are issued nor to repeal the law of this State as to notice by publication of a change in rates as provided in the Act approved October 14 1879 or any Act amendatory thereof
Sec 7 The Railroad Commission shall have authority to ascertain the cost of construction and the present value of properties in Georgiaowned 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 proippt 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 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 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
47
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 within the 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 authorizing such issue the amount thereof and the purpose 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 and examine such witnesses books papers documents or contracts as it may deem advisable or necessary Such corporations or companies may issue 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 he 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 carrier 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 10 The procedure for the enforcement of penalties for a violation of the orders rules or regulations of the Railroad Commission provided in sections 2195 and 2196 of the Code of Georgia of 1895 are hereby repealed provided that nothing in this Act shall he construed as to affect suits now
Indebtedness payable within twelve months exempted
Commissioners required to treat official information confidential
Liability of corporations
Repeal of Sections of Code
pending for penalties or to affect penalties upon which right of action shall have accrued prior to the passage and approval of this Act
Sec 11 Sections 3 and 4 of the Act approved August 23 1905 conferring Sections upon the Commission the power to regulate the time and manner within approved which the several railroads of the State shall receive receipt for forward and
August 23 deliver to its destination freight the said sections applying to penalties
placed upon said railroad companies providing penalties for the violation of rules orders and regulations established by the Railroad Commission writh reference to same and providing a procedure to enforce said penalties be and the same are hereby repealed and the penalties prescribed by this Act and the procedure to enforce the same are made applicable to any and all violations of the rules orders and regulations established by the Commission
Penalty for violations of Rules and OrMers of Commission
How action to recover penalties may be brought
Sec 12 Every common carrier railroad street railroad railroad corporation street railroad corporation express telephone telegraph dock wharfage and terminal company or corporation within the State and other corporations companies or persons coming under the provisions of this Act and all officers agents and employees of the same shall obey observe and comply with every order made by the Commission under this Act or under 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 be 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
49
Sec 13 Every officer agent or employee of any such common carrier corporation or company who shall violate or procures aids or abets any violation 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 shall be punished as prescribed in section 1039 of the Penal Code of 1895 and shall be subject to prosecution in any county in Georgia in which said common carrier or corporation or company or officer agent or employee violates 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 violates the provisions of this Act by the approval 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 such subordinate 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 mueh 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 in conflict with this Act or any provision thereof be and the same are hereby repealed
Approved August 22 1907
Punishment for aiding or abetting violations
Officers approving or directing violations
Domicile of Commission
Contingent and Printing Funds
Attorney to Commission
Repealing
Section
50
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 any 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 sum of fifty dollars for each car as liquidated damages for failure to perform 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
51
same is iced and should he fail or refuse to pay same within thirty days 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
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 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 com
Railroad Com mission powers of
Experts
employed
Spur tracks
Regulation of passenger service
Connections may be required
Overchaiges etc adjusted
Freight carriage of etc regulated
Depots
Schedules
52
mission 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 in conflict with this Act or any provision thereof be and thesame are hereby repealed
Approved August 17 1908
FREE PASSES ON STREET CARS FOR POLICEMEN AND OTHER
EMPLOYEES
An Act to permit the street railroads to grant free passes to members of thepolice sanitary water and fire departments and the marshals and their deputies and county police officers in the cities of the State of Georgia
Section 1 Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same That it shall not be unlawful for any street railway company of this State to issue free transportation to the members of the police force and fire sanitary and water departments and themarshals and their deputies and county police officers of cities of this State over their lines operated in the cities of the State when said cities have regularly organized police forces and fire sanitary and water departments provided nevertheless that nothing in this Act contained shall authorize such company to grant individual members of such police and fire departments any transportation or other special privileges not participated in by all of the members thereof on like terms and under like conditions and provided further that all such grants or concessions shall be made to the governing authority of such city for and in behalf of the members of such police force and fire sanitary and water department and formally accepted by such authority
Sec 2 Be it further enacted by the authority of tlie General Assembly That all laws and parts of laws in conflict with this Act be and the same are hereby repealed
Approved August 11 1909
COMMON CARRIERS PASSES TO FORMER EMPLOYEES AND OTHERS
An Act to allow common carriers to grant passes to former employees undercertain conditions and for other purposes
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 from and after the passage of this Act common carriers in this State may grant passes upon their transportation lines to any former employee of th company and his immediatefamily who from length of service or having been injured in the service of the same has been retired from the service but is kept upon the payroll of the company under a system of pensioning or similar system such passages tobe good only for intrastate passage
Sec 2 Be it further enacted That all laws and parts of laws in conflict with this Act be and the same are hereby repealed
Approved August 14 1909
GENERAL RULES
RULE 1
The word Company as used and intended by any and all of the rules and regulations of the Commission shall be deemed and taken to mean and include all corporations companies firms and persons that may now be engaged or 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 afford to all persons equal facilities in the conduct of such business without unjust discrimination in favor of or against any and wherever special facilities 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 public and the giving of any rebate bonus of drawback is hereby expressly forbidden
RULE 3
All of the rates prescribed by the Commission are maximum rates which shall not be exceeded by any company
Any company may charge less than the prescribed maximum rate provided that if a less rate be charged to one person such company shall for a like service charge the same lessened fate to all persons except as may be hereafter provided and if any company shall reduce any of its rates to or from one agency or station it shall except in cases where otherwise specially provided by the Commission make a reduction of the same percentage to and from all 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 by the Commission for the government of such company
When any change is made in such schedule either by such company voluntarily or pursuant to an order of the Commission such company shall imme
Definition of the word Company
All unjustdiscrimination forbidden
All rates bona fide No rebates
Rates of Commission are maximum rates
Rates may be reduced below maximum provided no discrimination is made
Tariffs to be kept posted
Changes in tariffs to be posted
54
Advances and reductions Notice of
Special rates must be approved by Commission
Long lines allowed to meet short lines rates
Georgia points may be put on equality with points in other States
Rates for short distance not to exceed long distance
Rates apply in both directions
Duty to accept and transport goods
Exact charge may be collected
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
All special rates made by afiy company for any service to be rendered shall first be submitted to and approved by the Commission before being put in effect
RULE 6
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 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
All rates effective in this State except in cases otherwise specified shall apply in either direction over the same line between the same points
RULE 8
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
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 enable it to collect such exact amount then the next lower amount ending in 5 or 0 shall be charged
55
RULE 10
All just claims for overcharge and loss shall be 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
Each railroad company shall file in the office of the Commission on or before the last day of each month a report duly sworn to showing the earnings and expenses of such company during the month preceding
Each railroad terminal express and telegraph company shall file in the office of the Commission on or before the fifteenth day of September of each year a report duly sworn to for the fiscal year ending June 30th immediately preceding
Each compress company shall file in the office of the Commission on or before the fifteenth day of October of each year a report for the fiscal year ending August 31st immediately preceding
Each street railroad power gas telephone and electric light company shall file in the office of the Commission on or before the fifteenth day of February of each year a report for the fiscal year ending December 31st immediately preceding
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
Both in cases of complaints and when the Commission initiates action notice shall be given to the persons or corporations interested in or affected thereby ten days before the hearing except in cases for the fixing of joint rates when thirty days notice shall be given and shall give to such persons or companies an opportunity to be heard
In like manner all defenses must be distinctly made in writing and the items correspondingly numbered as above stated
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 Rules of procedure
Giving notice to interested parties
56
Arguments may be made either in person or writing
Commission reserves the right to modify rules of procedure
Right reserved to suspend or modify any regulation
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
Upon the hearing of all cases that may come on to be heard before the Commission the respective parties may present their testimony either written or oral or by affidavits All affidavits intended to be offered by either party shall be served upon the opposite party his counsel or agent having control of the case at least three days and all counter affidavits at least twelve hours before the date set for their hearing
This rule of procedure and of evidence except as to notice of hearing above provided may in any and all instances be varied or relaxed 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 due care being taken in every instance to guard against any injurious surprises
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 railroad 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 may be 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 for 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
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
For 30 miles and over 20 15
40 30 20
60 40 25
14 70 60 30 I
44 80 70 35
44 90 i 80 40
14 100 90 45
44 110 100 50
44 120 110 55
44 130 120 55 I
14 140 130 60
44 150 140 65
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
Excess baggage rates
68
Must receive baggage and issue claim checks
Storage
charges
Baggage must be checked 15 minutes before train leaves
Excursion rates exempted
Must sell tickets at depots
For 160 miles and over 150 170 160
180 170
190 180
200 190
210 200
220 210
230 220
240 230
260 240
290 260
320 290
350 320
400 350
450 400
70 cents per 100 pounds
75
80
85
90
95
100
105
110
115
120
125
130
135
140
NoteThe above Tariff is subject to the provisions of Freight Rule No One of the Commission
RULE 4
All railroad depot or terminal companies in this State shall receive at all stations where theyhave agents all baggage proper for transportation presented by prospective passengers or their agents and issue on demand a claim check for the same and upon presentation by the holder of such claim check with transportation said company shall issue train checks
RULE 5
Where baggage received by companies as provided for by Rule 4 is not checked within twentyfour hours after being so received or where baggage is allowed to remain unclaimed at destination more than twentyfour hours after arrival of train transporting same 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 hoursSunday and legal holidays excepted
RULE 6
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
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
V RULE 8
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
59
RULE 9
All passenger waitingrooms and passengercars in use by railroads in this State shall be kept supplied with drinkingrwater 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
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 it
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 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 passenger 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
Comfortable cars and waitingrooms
Waitingrooms to be opened before arrival of trains
At nonjunction stations
Delayed trains must be bulletined
Notice to be given of obstructions
Convenient stopping of passenger trains
Guns on
passenger
trains
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 he cause for ejecting such passenger from the train
Careful handling of baggage
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 baggage 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 ot 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
FREIGHT RULES
RULE 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 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 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
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
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
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Minimum
freight
charge
Rates 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
actually In force upon said railroad on goods of the same class whether such rate be prescribed by the Commission or otherwise
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 such shipment by the railroad company a certificate according to the following form
WEIGHERS CERTIFICATE
I sworn weigher for the
Rail at do certify on oath that I this
day ofweighed car numberof 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
63
balanced immediately before weighing said car and that to the best of my knowledge the abovementioned weights are correct
Signed
Weigher forRailroad
At
Estimated Weights
RULE 7
Where in the Commissions Freight Classification estimated weights are provided for any given article such estimated weights shall apply in all cases
The following scale of estimated weights shall apply to carload shipments of live stock only in cases where actual weight can not be ascertained but said scale of estimated weights shall apply to and govern such shipments of less than carload lots regardless of what the actual weight may be
LIVE STOCK
One horse mule or horned animal except as specified below 2000 lbs
Two horses mules or homed animals except as specified below in same car and from same shipper to same consignee 3500 lbs
Each additional horse mule or horned animal except as specified belov in same car and from same shipper to same consignee 1000 lbs
Stallions Jacks and Bulls each 3000 lbs
Mare and Foal together for both 2500 lbs
Colts under one year old each 1000 lbs
Colts Donkeys or Ponies crated each actual weight but not
less than 1000 lbs
Cow and Calf together for both 2500lbs
Yearling cattle except bulls each 1000 lbs
Yearling bulls each 2000lbs
Calves under one year old not crated each 1000 lbs
Calves under one year old crated each actual weight but
not less than 175 lbs
Calves over one year old crated each actual weight but
not less than 500 lbs
Sheep boxed or crated each actual weight but not less than 150 lbs Lambs boxed or crated each actual weight but not less than 100 lbs Hogs boxed or crated each actual weight but not less than 150 lbs Pigs boxed or crated each actual weight but not less than 100 lbs GoatsSame as Sheep
KidsSame as Lambs
Live stock weights
04
Extra charge for high valuations
Live stock regulations
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 12000 each
Horned Cattle not over 5000 each
Stallions Jacks and Bulls not over 15000 each
Fat Hogs and Fat Calves not over 1500 each
Lambs Stock Hogs Stock Calves not over 500 each
Where consignors offer their animals for shipment at valuations in excess of the valuation above given carriers may charge the following percentages of increase above the prescribed maximum rate of freight
Over 15000 and not over 40000 add 30 per cent
Over 40000 and not over 60000 add 50 per cent
Over 60000 and not over 80000 add 60 per cent
Over 80000 and not over 100000 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 mixdl shipment the rate for horses shall apply
Shippers may be required to feed water and care for live stock at their own expense
When the same is done by the carriers 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
In cases where actual weights can not be ascertained as elsewhere prescribed by the Commission the following named articles shall be accepted for transportation according to the scale of estimated weights below given
LUMBER LIME ETC
White Pine and Poplar thoroughly seasoned per 1000 ft 3000 lbs
White Pine and Poplar green per 1000 ft 4000 lbs
Yellow Pine Black Walnut Ash seasoned per 1000 ft 4000 lbs
Yellow Pine Black Walnut Ash green per 1000 ft 4500 lbs
Yellow Pine Boards 2 in and less seasoned and undressed
per 1000 ft 3500 lbs
65
Yellow Pine Boards 2 in and less dressed and seasoned per
1000 ft 3000 lbs
Oak Hickory Elm seasoned per 1000 ft 4000 lbs
Oak Hickory Elm green per 1000 ft 6000 lbs
Flooring and Ceiling matched and dressed 1 in per 1000 ft 2500 lbs
Beveled Weather Boards dressed per 1000 ft 1500 lbs
Hooppoles Staves and Heading dry car loaded to depth of
50 in 24000 lbs
Hooppoles Staves and Heading green car loaded to depth of
43 in24000 lbs
Shingles dry per 1000 450 lbs
Shingles green per 1000 500 lbs
Laths dry per 1000 475 lbs
Laths green per 1000 700 lbs
Tan Bark dry per cord 2000 lbs
Tan Bark green per cord 2600 lbs
Fence Posts and Rails and Telegraph Poles per cord 3500 lbs
Clay per cubic yard 3000 lbs
Sand per cubic yard 3000 lbs
Gravel per cubic yard 3200 lbs
Stone undressed per cubic foot 160 lbs
Lime per bushel 30 lbs
Coal per bushel 80 lbs
Coke per bushel 40 lbs
Portland Cement per barrel 400 lbs
Other Cements per barrel 300 lbs
CANNED GOODS
2 lbs 2 dozen cans per case 60 lbs
iy2 4 dozen cans per case 70 lbs
1 y2 flat 2 dozen cans per case 36 lbs
4 2 dozen cans per case 22 lbs
4 4 dozen cans per case 42 lbs
2 2 dozen cans per case 42 lbs
3 2 dozen cans per case 65 lbs
g 1 dozen cans per case 65 lbs
1 gallon cans dozen cans per case 45 lbs
1 gallon cans 1 dozen cans per case 90 lbs
Tall 1 pound can 2 dozen cans per case 24 lbs
Tall 2 pound can 2 dozen cans per case 50 lbs
Tall 1 pound can 4 dozen cans per case 46 lbs
RULE 8
Fractions that occur in the net rate after adding or deducting any percentage applicable to the Standard Tariff shall be 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
Estimated weights Lumber canned goods etc
Fractions how disposed of
66
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 he dropped Example
Ex 1Standard Rate 65 25 per cent added 16
Ex
Total 81 from which deduct fraction leaving desired
rate of 8 cents
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
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
Where in the Commissions Freight Classification in classifying any given ofIncrease article or class of freight specific provision is made for a certain percentage
how applied above the Standard Tariff that percentage alone shall be applied to the Standard Tariff in computing rates regardless of any percentage allowed an individual railroad above the Standard Tariff in the general classification of railroads to the end that no railroad company may apply more than one percentage of increase to the Standard Tariff rates in any instance
67
But on the contrary where the freight classification in classifying any given article or class of freight specifies a percentage of decrease below the Standard Tariff that decreased percentage alone shall be applied to the Standard Tariff and freight charges assessed on basis of the rate so reduced without regard to any percentage of increase that may be allowed an individual railroad on other articles in the same class as shown in the general classification of railroads
No railroad may 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
RULE 11
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 gauge 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 he bound to afford to all other connecting lines under like and substantially similar circumstances like facilities upon like terms and rates
RULE 12
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 Tambark 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
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 O and P and whenever railroad companies are required to do such loading or unloading the actual cost thereof may be collected upon such shipment
Percentage of decrease
How to apply percentages of increase
Articles not included in Classification
Equal facilities to all railroads
Discretionary reduction on these articles
Loading and unloading to be done by shipper
68
L C L rate not to exceed C L
C L rate per 100 lbs must not exceed L C L
Flag stations shipments from and to
Excessively higher rate prohibited
Extra heavy articles charges for handling
Special contract if car insufficient
Passenger trains rates of freight on
RULE 14
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
In no case shall the charge per hundred pounds for transporting a carload 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
Freight that is forwarded from any points other than a regular agency station except as otherwise provided in Rules 23 and 23A 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 be assessed thereon as if shipped to the first agency station beyond the point of actual destination
Provided however that in no case shall any rate be thus made higher than it would be were the mileage rate applied to the distance such shipment is actually transported
RULE 16
For each necessary handling of any extra heavy article either in loading the same on or in unloading the same from cars railroads may collect as a maxi
mum compensation for such service as follows
Under 2000 pounds no extra charge for handling
For 2000 pounds and under 3000 pounds 3 00
For 3000 4000 pounds 5 00
For 4000 5000 pounds 7 00
For 5000 6000pounds8 00
For 6000 7000 pounds 10 00
For 7000 and over in proportion Provided That this rule shall not apply to the loading or unloading of portable engines and other machinery on wheels shipped on flat cars
When any article is too long too bulky or too heavy to be carried by ordinary cars its transportation shall be a matter of special contract between the carrier and the shipper
RULE 17
Railroads may charge for transporting freight on regular passengertrains one and onehalf times the regular freight rate for the carriage of the same shipment by freight train between the same points
69
RULE 18
Where short of 100 miles the actual distance that a shipment may he carried is not shown by Standard Freight Tariff charges may be collected as for the distance that is shown by said Standard Tariff most nearly approximating the actual distance For example If actual distance be 48 miles the 50mile rate will apply for 47 miles the 45mile rate will apply
For distances over 100 miles where the actual distance is not shown by the Standard Tariff the next greater distance shown shall govern For example If the actual distance be 101 miles the rate for 110 miles may apply
Provided however that in all cases where fractional miles are shown the unit mile is to be arrived at in the following manner
For distance of onehalf mile and over the next unit mile above for distances less than onehalf mile the unit mile below
RULE 19
A ton as intended by all of the regulations of the Commission is 2000 pounds unless otherwise specified
Unless otherwise specified in the Freight Classification of the Commission a minimum carload is ten tons
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
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
Distances
regulations
concerning
Over 100 miles
Ton Definition of
Minimum
carload
Carloads in excess of minimum weight
Carload
shipment
definition
of
Lapped
lumber
etc
Telegraph material distribution of on right of way
70
Ten mile minimum for short lines
Transfer or
Switching
charge
Joint
charges to be equitably divided
Empties returned free
Definition of term
switching
Charges for local intra terminal service
Division of
joint
charges
All such freights shall be hilled 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 effect 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 switching or transferring a loaded car from any point on any railroad to any connecting railroad or to any warehouse side track or other customary point of delivery that may be designated by the consignor within a distance of three miles from the point of starting When in the transfer or switching 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 or switching 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
A Switching or Transfer service as referred to in this rule means the switching of a loaded car preceding or following a transportation service for which legal freight charges are to be or have already been earned
RULE 23A
The following charges per car without regard to its weight or contents will be allowed for the transportation of loaded cars in INTRATERMINAL service within the customary industrial switching limits towit
1 For a car loaded on the terminal of one carrier to be unloaded on the terminal of the same carrier 300
2 For a car loaded on the terminal of one carrier to be unloaded on the terminal of another carrier where only two carriers are interested 400 to be
divided as follows
Initial carrier 200
Delivering carrier 200
71
3 For a car loaded on the terminal of one carrier to be unloaded on the terminal of another carrier where three carriers are interested 500 to be divided
as follows
Initial carrier 200
Intermediate carrier 100
Delivering carrier 200
When a charge is made for the 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
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 albove 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 for shipment as to render the transportation thereof reasonably safe and practicable nor unless such goods or the packages containing the same shall legibly bear the name and address of the intended consignee
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
72
inspection facilities for
Joint rates
Narrow gauge railroads carloadweights
Transfer to and from narrow gauge railroads
Reduced rates on returned shipments
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 construed 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 oi 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 pe Rule No 4
73
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 O 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 tare 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 sfim of two dollars which amount when the billed weight is corrected as hereinbefore provided for shall be refunded to consignee within twentyfour hours after corrected weights are ascertained
Mixed
shipments
Reweighing C L shipments
74
Overloading cars by shippers
Routing
shipments
Penalty for failure to observe routing instructions
Allowance for dunnage
Free time for unloading oars 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 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 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
75
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 oarload 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
Notice of arrival of goods to be given
Notice how served and information given
Free time
76
Notice by mail 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 above Where notice is served by mail the time allowed as free time shall be computed from seven o clock a m of the second day after such notice has been given
Over four cars In one day 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 above 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
Order notify shipments 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
Substantial compliance 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
Amounts that may be charged 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
Arrival definition of 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 bill 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
77
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 either 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 hav 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
Cars must be accessible for unloading
Rejected
shipments
Distant
con
signees
Detention of cars by shippers
78
Railroads required to furnish cars when ordered
Railroads must receive and promptly transport freight
Loading
cars
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 be 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 bills 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
79
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
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
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
Railroads must promptly deliver freights at destination
Railroads required to deliver cars to connections for placing
Railroads required to accept cars from connecting lines for placing
80
RULE 14
Subject to the provisions of Freight Rule No 23 each railroad company in this State is required to accept from any connecting road of same gauge any and all cars proper for transportation that may be tendered it by such connecting line and shall within twentyfour hours exclusive of Sundays and legal holidays after tender is made place such car or cars at an accessible point for loading 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 lino 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
81
RULES GOVERNING THE ERECTION AND LOCATION OF RAILROAD EXPRESS AND TELEGRAPH DEPOTS STATIONS AGENCIES AND OFFICES
RULE 1
It shall be the duty of all railroad express and telegraph companies in this State to establish conduct and maintain such stations offices 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 whethr 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
82
GENERAL ORDERS AND CIRCULARS
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 Montgomeby S G McLendon
Secretary Chairman
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta September 3 1909
File No 7065
Resolved That General Order No 1 relating to reports of passes etc monthly by railroads be amended so as not to require reporting of trip passes issued to dependent members of families of railroad officers and employees where such officers or employees hold no public office All other transportation
and free or reduced service shall be reported monthly as contemplated in the original order
The Commission will call for such special reports from time to time as it deems proper
By order of the Board
Campbell Wallace H W Hill
Secretary Chairman
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta October 21 1909
File No 7065
Obdebed That the resolution passed by the Commission dated September 3rd 1909 amending General Order No 1 relating to reports of passes etc monthly by railroads be amended by striking the words trip passes in line three and inserting in lieu thereof the word transportation so that said resolution when amended will read as follows
Resolved That General Order No 1 relating to reports of passes etc monthly by railroads be amended so as not to require reporting of transportation issued to dependent members of families of railroad officers and employees where such officers or employees hold no public office etc
By order of the Board
Campbell Wallace H W Hill
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
Obdebed That no railroad company operating in this State shall be allowed to discontinue any passenger train schedule or service now being maintained without the consent of the Railroad Commission
It is Fubtheb Obdebed 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
84
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 1906 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 iState any article or articles or merchandise or freight cf 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
85
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
Geo P Montgomery S G McLendon
Secretary Chairman
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta October 29 1907
GENERAL ORDER No 5
Ordered That within ten days from this date all terminal companies corporations or persons owning leasing or 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 patrons 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
Ordered Further That a copy hereof be mailed to each of said companies without delay
By order of the Board
Geo F Montgomery 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 or person subject to the jurisdiction of this Commission owning leasing or operating any dock or docks wharfs or wharves terminal or terminals or terminal station or stations and no such rates rules or other regulations shaii be changed without the consent of the Railroad Commission of Georgia
By order of the Board
Geo F Montgomery S G McLendon
Secretary Chairman
86
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta November 6 1907
GENERAL ORDER No 7
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 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 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 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 G McLendon
Secretary Chairman
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 out1 of Georgia to points in Georgia both those now fixed and those that may hereafter be 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 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
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 Chairman
89
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta August 12 1909
GENERAL ORDER No 12
IN RE Marking L C L Shipments
Complaint having 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
Obdebed 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
Obdebed Fubtheb 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 the Commissionthe 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 Hillyeb
Secretary YiceGhairman
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta August 12 1909 GENERAL ORDER No 13
IN RE 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 upon all corporations subject to its jurisdiction for reports as to stocks and bonds of said corporations outstanding and Whereas on November 6 1907 the Commission adopted General Order No 8 requiring all companies subject to its jurisdiction to file in this office copies of their rules and
Whereas it is desirable that a compilation of said capitalization reports and rules be made
90
Ordered That the Rate Expert of the Commission be and he is hereby directed to systematize and make proper record of sad 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 Geo Hillyer
Secretary ViceChairman
Office of the
RAILROAD COMMISSION OF GEORGIA
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 all facilities privileges or service now in effect or practiced or hereafter made effective extended or practiced which give grant extend or allow patrons shippers or other persons transacting business with 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 rule regulation or order of this Commission whether such privileges facilities or service are given granted extended or allowed as the result of voluntary action upon the part of such companies corporations or persons or otherwise are hereby established as the requirements of the Railroad Commission of Georgia and no such privileges facilities or service shall be discontinued without the consent of the Railroad Commission first being obtained but all such privileges facilities or service shall be given granted extended or allowed without hindrance the same as other requirements of this Commission provided that nothing herein contained shall operate as repealing in any way the provisions of Passenger Rule No 7
By order of the Board
Campbell Wallace H W Hill
Secretary Chairman
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta December 23 1909
File No 9163
GENERAL ORDER No 15
Whebeas 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 rate or charges below the maximum rates or charges prescribed by the Commission and to make effective special rates upon approval of the Commission and
Whereas 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 State 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 other information as may be called for by the Commission
Ordered Further That on or before the tenth day of each month each of said railroad and street railroad companies shall file a written report of all
92
ygA
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
File No 9221
GENERAL ORDER No 17
Ordered That beginning February 3rd next each Railroad in this State he 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 jj 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 thisf 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 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 he prescribed by this Commission
By order of the Board
Campbell Wallace jj yy
Secretary Chairman
93
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta August 11 1910
File 9221
GENERAL ORDER No 19
General Order No 17 dated January 26th 1910 is hereby amended so that the reports required to be made to the Commission under the terms of the said General Order shall beginning with the first report week in September 1910 be required only of the following named railway companies and for the stations shown opposite each company named as follows
Name of Road Station to be Repobted
A W P R R Co
A B A R R Co
A G L R R Co
Augusta Southern R R Co Brinson Ry
C of Ga Ry Co
C W C Ry Co
F O B R R Co Gainesville Midland Ry Georgia R R
Ga Fla Ry
G C P R R Co
G F A Ry Co
Georgia Northern Ry Co G S F Ry Co
G Sw G Ry
Gulf Line Ry
L N R R Co
M B Ry Co
M D S R R Co Seaboard Air Line Ry Co Southern Ry Co
Tallulah Falls Ry Co
Y M W R R Co Wadley Southern Ry Co Western Atlantic R R W T R R Co
Atlanta West Point
Atlanta Brunswick Fitzgerald Thomasville Albany Brunswick Savannah Valdosta Augusta Tennille
Savannah
Albany Athens Atlanta Macon Savannah Augusta
Fitzgerald
Athens
Athens Augusta Atlanta Macon
Augusta Valdosta
Collins Darien
Bainbridge Cuthbert
Albany Boston
Macon Valdosta
Albany
Bridgeboro Hawkinsville
Atlanta
Macon
Macon
Albany Atlanta Columbus Savannah Athens Atlanta Brunswick Columbus Macon Savannah
Cornelia
Valdosta
Collins Rockledge Wadley
Atlanta
Tennille
By order of the Commission Campbell Wallace
Secretary
H W Hill
Chairman
94
Office of the
RAILROAD COMMISSION OF GEORGIA
Atlanta October 7 1910
File 7333
GENERAL ORDER No 20
Whereas the Railroad Commission of Georgia by General Order No 3 adopted as applicable to free transportation between points in Georgia the terms governing interstate free transportation prescribed by the Act of Congress approved June 29th 1906 known as the Hepburn Act and
Whereas on June 18th 1910 the Congress amended the above stated regulations governing interstate free transportation and
Whereas it is desirous so far as it is practicable so to do to maintain uniformity in regulations governing free transportation both State and interstate it is now
Ordered That the terms upon which free transportation can be used in Georgia be and the same are hereby extended in the same manner and to the same extent as provided for in the Act to Regulate Commerce as amended June 18th 1910
By order of the Board
Campbell Wallace H W Hill
Secretary Chairman
OFFICE OF THE RAILROAD COMMISSION OF GEORGIA
Atlanta January 18th 1912
GENERAL ORDER NO 21
File 9780
No railroad company subject to the jurisdiction of this Commission shall accept for transportation or transport between points in this State shipments of explosives inflammable articles and acids except in accordance with the terms prescribed by the rules and regulations of the Interstate Commerce Commission governing the transportation of such articles
By order of The Commission
Campbell Wallace C M Candler
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA J P Brown Chairman a
H Warner Hill Commissioners
Jos M Brown
Geo F Montgomery Secretary
Atlanta Ga July 19 1905 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 Furniture and Hollowware including the Necessary Pipe between the points named below shall be made upon the following basis
OgS
95
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 Empire Pidcock
Adrian Everett Pitts
Albany Fitzgerald Quitman
Americus Fort Gaines Rockmart
Arlington Fort Valley Rome
Athens Griffin Sandersville
Atlanta Harris Savannah
Augusta Hawkinsville Sparks
Bainbridge Haylow Statesboro
Bremen Helena Stillmore
Brunswick Jesup Swainshoro
Gartersville LaGrange Tennille
Cedartown Macon Thomaston
Collins Madison Thomasville
Columbus Marietta Tifton
Cordele Meldrim Valdosta
Covington Milledgeville Vidalia
Culloden Millen Vienna
Cuyler Montezuma Washington
Dalton Moultrie Waycross
Dawson Newnan Wloodhury
Dublin Elberton Offerman 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
This Circular shall become effective August 19 1905 and repeals everything in conflict
By order of the Board
Geo F Montgomery J P Brown
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
H Warner Hill Chairman
Jos M Brown L Commissioners
O B Stevens
Geo F Montgomery 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
96
such rates have been published voluntarily by the railroad companies or other wise 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 Warner Hill Chairman
Jos M Brown L Commissioners
O B Stevens
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 to the Southern Classification it is now
Ordered 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
Geo F Montgomery H W ttttt
Secretary Chairman
97
CIRCULARS
The following circulars contain the amendments of the rates rules and other regulations published in the 38th Report of the Commission which amendments are carried forward in their proper places in this Report
RAILROAD COMMISSION OF GEORGIA
H Warner Hill Chairman Geo Hillyer ViceChairman 0 B Stevens
Chas Murphey Candler Joseph F Gray
s Commissioners
Campbell Wallace Secretary
Atlanta Ga March 27 1911
CIRCULAR No 355
Freight Rule No 16
Freight Rule No 16 is hereby amended by adding the following proviso im mediately after the word proportion in line ten of said rule
Provided That this rule shall not apply to the loading or unloading of portable engines and other machinery on wheels shipped on flat cars
Freight and Passenger Tariffs of the Blakely Southern Railroad
The Blakely Southern Railroad is hereby placed in Passenger Class E and in Freight Class D of the Commissioners Passenger and Freight Tariff Classifications respectively and is allowed to charge for the transportation of passem gers and freights no more than is authorized by said classes
Classification
The following changes in and additions to the Commissioners Classification
of Freights are hereby adopted
CR OR CR OR
Agricultural Implements S U in boxes or crates
viz L C L 1
Hullers Cotton Seed K D in boxes bun
S U loose or on skids dies or crates L C
L C L li L 3
98
CR I OB I OR I CR
In packages named packed in barrels or
loose or on skids C boxes or in tin cans
L 20000 lbs 6 boxed or crated or in
Juices Fruit and Fountain bulk in barrels C
Syrups and Syrups N 0 L 5
S not medicated Iron and Steel Articles viz
In glass or earthenware Special Iron List viz
packed in barrels or Building Material viz
boxes or in tin cans Fronts Beams Gir
crated L C L 1 3 ders Channel Bars
In bulk in barrels or and Angles
in tin cans boxed Machinery viz
L C L 4 Conveyors Spiral
In glass or earthenware L C L 4
This Circular shall be in effect on and after April 6th 1911 and repeals everything in conflict
By order of the Commission
Campbell Wallace Hill
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
II Warner Hill Chairman Geo Hillyer ViceChairman O B Stevens
Chas Mtjrphey Candler Joseph F Gray
Commissioners
Campbell Wallace Secretary
Atlanta Ga May 19 1911
CIRCULAR No 356 Freight Rules
Freight Rule No 23 is hereby amended to read as follows
Rule 23
A charge of no more than two dollars per car without regard to its weight or contents will be allowed for switching or transferring a loaded car from any point on any railroad to any connecting railroad or to any warehouse side track or other customary point of delivery that may be designated by the consignor within a distance of three miles from the point of starting When in the transfer or switching of a car between such points it is necessary to pass over the track or tracks of any intermediate railroad or railroads said maxi
99
mum charge of two dollars shall be equitably divided between the railroads at interest
When a charge is made for the transfer or switching 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
A Switching or Transfer service as referred to in this rule means the switching of a loaded car preceding or following a transportation service for which legal freight charges are to be or have already been earned
The following rule is hereby adopted as Freight Rule No 23A
Rule 23A
The following charges per car without regard to its weight or contents will be allowed for the transportation of loaded cars in INTRATERMINAL service within the customary industrial switching limits to wit
1 For a car loaded on the terminal of one carrier to be unloaded on the terminal of the same carrier 300
2 For a car loaded on the terminal of one carrier to be unloaded on the terminal of another carrier where only two carriers are interested 400 to
be divided as follows
Initial carrier 200
Delivering carrier 200
3 For a car loaded on the terminal of one carrier to be unloaded on the terminal of another carrier where three carriers are interested 500 to be
divided as follows
Initial carrier 200
Intermediate carrier 100
Delivering carrier 200
When a charge is made for the 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
Classification
The following changes in and additions to the Commissioners Classification of Freights are hereby adopted
CR OR CR 1 OR
Baskets or cylindrical bas L C L 3 4
ket frames cotton patent Same without bags 3
combination of cloth and Same with or without
wood S U nested cen bags C L 6
ter space filled with bags Gravel apply sand rates
The following changes in and additions to the Commissioners Classification of Express are hereby adopted
100
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 1A
This Circular shall be in effect on and after June 1st 1911 and repeals everything in conflict
By order of the Commission
Campbell Wallace H W Hill
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
II Warner Hill Chairman Ceo Hillyer ViceChairman O B Stevens
Chas Murphey Candler Joseph F Gray
Commissioners
Campbell Wallace Secretary
Atlanta Ga July 1 1911
CIRCULAR No 357
Freight Rules
Freight Rule No 15 is hereby amended to read as follows
Rule 15
Freight that is forwarded from any points other than a regular agency station except as otherwise provided in Rules 23 and 23A 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 be assessed thereon as if shipped to the first agency station beyond the point of actual destination
PROVIDED HOWEVER that in no case shall any rate be thus madehigher than it would be were the mileage rate applied to the distance such shipment is actually transported
Express Rates Over Atlanta Birmingham Atlantic Railroad
The Special Local Merchandise Tariff covering Merchandise Rates only heretofore applying on express shipments over the Atlanta Birmingham Atlantic Railroad is hereby repealed
101
Classification
The following changes in and additions to the Commissioners Classification of Freights are hereby adopted
CR OR CR 1 OR
Barrels tight halfbarrels kegs and kits empty except ale and beer empties and loose barrels L C L Class R plus 20 per cent Same C L 10000 lbs P Plaster Board Wall Plaster rates plus 20 per cent Shingles metallic boxed L C L 4 Same C L 6
Dolomite Apply Limestone Stove Furniture L C L 1 3
rates Same C L 3 5
Limestone N O S C L Stove Plates L C L 1 3
25000 lbs Class P less 20 per cent Same C L 3 5
This Circular shall be in effect on and after July 15th 1911 and repeals everything in conflict
By order of the Commission
Campbell Wallace H W Hill
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
H Warner Hill Chairman Geo Hillyer ViceChairman O B Stevens
Chas Mttrphey Candler Joseph F Gray
Commissioners
Campbell Wallace Secretary
Atlanta Ga July 21 1911
CIRCULAR No 358
On and after September 1 1911 the class and commodity rates from any common point in Georgia to Ashburn Georgia shall in no case exceed the class and commodity rates from such points to Cordele and Tifton Georgia
By order of the Commission
Campbell Wallace jj yy Hill
Secretary Chairman
102
RAILROAD COMMISSION OF GEORGIA
11 Warner Hill Chairman
Ceo Hillyer ViceChairman
O B Stevens Commissioners
Chas Mtjrphey Candler
Joseph F Gray
Campbell Wallace Secretary
J P Webster Rate Expert
Atlanta Ga September 12 1911 CIRCULAR No 359
General Rules
General Rule No 12 is hereby repealed and the following substituted in lieu thereof
Rule 12
All complaints made to the Railroad Commission ofalleged grievances must plainly and distinctly state the grounds of compaint the items being numbered and objections all being set forth in writing
Both in cases of complaints and when the Commission initiates action notice shall be given to the persons or corporations interested in or affected thereby ten days before the hearing except in cases for the fixing of joint rates when thirty days notice shall be given and shall give to such persons or companies an opportunity to he heard
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
Upon the hearing of all cases that may come on to be heard before the Commission the respective parties may present their testimony either written or oral or by affidavits All affidavits intended to be offered by either party shall be served upon the opposite party his counsel or agent having control of the case at least three days and all counter affidavits at least twelve hours before the date set for their hearing
This rule of procedure and of evidence except as to notice of hearing above provided may in any and all instances be varied or relaxed 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 due care being taken in every instance to guard against any injurious surprises
103
Freight Rules
Freight Rule No 9 is hereby amended to read as follows
Rule 9
Where in the Commissions Freight Classification in classifying any given article or class of freight specific provision is made for a certain percentage above the Standard Tariff that percentage alone shall be applied to the Standard Tariff in computing rates regardless of any percentage allowed an individual railroad above the Standard Tariff in the general classification of railroads to the end that no railroad company may apply more than one percentage of increase to the Standard Tariff rates in any instance
But on the contrary where the Freight Classification in classifying any given article or class of freight specifies a percentage of decrease below the Standard Tariff that decreased percentage alone shall be applied to the Standard Tariff and freight charges assessed on basis of the rate so reduced without regard to any percentage of increase that may be allowed an individual railroad on other articles in the same class as shown in the general classification of railroads
No railroad may 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 he allowed upon other articles in said class
Freight Rule No 18 is hereby amended to read as follows
Rule 18
Where short of 100 miles the actual distance that a shipment may be carried is not shown by Standard Freight Tariff charges may be collected as for the distance that is shown by said Standard Tariff most nearly approximating the actual distance For example If actual distance be 48 miles the 50mile rate will apply for 47 miles the 45mile rate will apply
For distances over 100 miles where the actual distance is not shown by the Standard Tariff the next greater distance shown shall govern For example If the actnal distance be 101 miles the rate for 110 miles may apply
Provided however that in all cases where fractional miles are shown the unit mile is to be arrived at in the following manner
For distances of onehalf mile and over the next unit mile above for distances less than onehalf mile the unit mile below
Freight and Passenger Tariffs of the Greene County Railroad Company
The Greene County Railroad Company is hereby placed in Class D of the Commissioners Freight Tariff Classification of Railroads and in Class E of the Passenger Tariff Classification and is allowed to charge for the transporta
104
tion of freights and passengers no more than the rates prescribed by said classes respectively
Freight and Passenger Tariffs of the Irwinton Railway Company
The Irwinton Railway Company is hereby placed in Class D of the Commissioners Freight Tariff Classification of Railroads and in Special Group of the Passenger Tariff Classification and is allowed to charge for the transportation of freights no more than is authorized by Freight Tariff Class D and for the transportation of passengers five cents per mile with a minimum charge allowance of twentyfive cents
Classification
The following changes in and additions to the Commissioners Classification of Freights are hereby adopted
Ashes wood apply fertilizer rates
Ice L C L packed in casks barrels boxes or bags in sawdust chaff shavings or straw pre
paid B
Syrup and Molasses viz
In barrels halfbarrels kegs or hogsheads R
In tank cars minimum weight 50000 lbs See Note R
CR I OR
Note Syrup and Molasses in tank cars will be handled at an estimated weight of 117 pounds per gallon where actual weight can not be ascertained
Tile viz
Hollow fireproof L C L
Same C L minimum weight 25000 lbs
CR I OR 1
6
P
The following changes in and additions to the Commissioners Classification of Express are hereby adopted
Brick Samples of charges prepaid Pound rates
This Circular shall be in effect on and after September 25th 1911 and repeals everything in conflict
By order of the Commission
Campbell Wallace H W Hill
Secretary Chairman
105
RAILROAD COMMISSION OF GEORGIA
H Wabneb Hill Chairman
Geo Hillyeb ViceChairman
O B Stevens L
Chas Muephey Candleb
Joseph F Gbay
J
Campbell Wallace Secretary
T P Websteb Rate Expert
Atlanta Ga September 28 1911
CIRCULAR No 360
On and after November 1 1911 the class and commodity rates between Carrollton Georgia and all common points within this State shall in no case exceed the class and commodity rates between Cedartown Georgia and such common points by more than twenty 20 per cent
PROVIDED That this order shall not be construed to apply to affect change or increase any class or commodity rate now in effect to or from Carrollton which is less than the above prescribed maximum rates
By order of the Commission
Campbell Wallace H W Hill
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
H Wabneb Hill Chairman Geo Hillyee ViceChairman 0 B Stevens
Chas Muephey Candleb Joseph F Gbay
Commissioners
Campbell Wallace Secretary
J P Websteb Rate Expert
Atlanta Ga October 28 1911
CIRCULAR No 361
Cotton Rates Ashburn Ga to Brunswick and Savannah Ga
ORDERED That on and after December 1st 1911 the maximum rates on cotton from Ashburn Ga to the ports of Savanannah and Brunswick Ga shall not exceed the rates on cotton to said ports from Cordele Ga
By order of the Commission
Campbell Wallace H W Hill
Secretary Chairman
106
RAILROAD COMMISSION OF GEORGIA
Chas Murphey Candler Chairman
Geo Hillyeh ViceChairman
0 B Stevens t Commissioners
Joseph F Gray
Paul B Trammell
Campbell Wallace Secretary
J P Webster Rate Expert
Atlanta Ga November 1 1911
CIRCULAR No 362
Circular No 325 issued October 26th 1906 is hereby repealed
Telegraph Rules
Telegraph Rule No 2 is hereby amended to read as follows
Rule 2
Telegraph companies doing business in this State shall in each incorporated town or city in which they maintain offices make delivery to all points within the corporate limits of such town or city of all telegraphic messages to the addressee or to some one authorized to accept the same at his her or their place of business or residence or leave a written notice thereof in case there is no one at such place of business or residence to receipt for the same and such deliveries shall be made without extra charge where the addressees residence or place of business be within or not exceeding one mile from the office of the delivering telegraph company
For the delivery of one or more mesages by one messenger at the same time to one addressee beyond the mile limit above referred to telegraph companies may charge no more than fifteen cents for the first mile or fraction thereof beyond such mile limit and ten cents for each subsequent mile or fraction thereof beyond
Wherever practicable such telegraph companies may deliver such messages by telephone upon written request of the sender or addressee thereof and charge the actual expense of so doing
Freight Rules
That part of Freight Rule No 7 prescribing estimated weights on L C L Shipments of Live Stock is hereby amended to read as follows
107
Rule 7
LIVE STOCK Lbs
One horse mule or horned animal except as specified below 2000 Two horses mules or horned animals except as specified below in same car and from same shipper to same consignee 3500
Each additional horse mule or horned animal except as specified below in same car and from same shipper to
same consignee 1000
Stallions Jacks and Bulls each 3000
Mare and Foal together for both 2500
Colts under one year old each 1000
Colts Donkeys or Ponies crated each actual weight but not
less than 1000
Cow and calf together for both 2500
Yearling cattle except bulls each 1000
Yearling bulls each 2000
Calves under one year old not crated each 1000
Calves under one year old crated each actual weight but
not less than 175
Calves over one year old crated each actual weight but not
less than 500
Sheep boxed or crated each actual weight but not less than 150
Lambs boxed or crated each actual weight but not less than 100
Hogs boxed or crated each actual weight but not less than 150 Pigs boxed or crated each actual weight but not less than 100
Goats Same as Sheep
Kids Same as Lambs
Classification
The following changes in and additions to the Commissioners Classification of Freights are hereby adopted
cR I oR ICR I QR
Paints Red and White drums or tin kegs with
Lead and Linseed Oil flat tops enclosed in
viz veneer or sheet metal
In glass or earthen jackets 5
ware boxed 1 In tin cans Jacketed
Bulk dry in boxes or not packed 2
cases 5 In tin cans boxed crated
Bulk earth metallic or or packed in barrels 4
dry in barrels casks Turpentine Cups viz
sacks or kits L C L 6 Earthen Same as Earth
Same C L L enware
Bulk not dry in wooden Fibre or Fibreoid L C
or steel kegs or pails L 3
kits barrels buckets Same C L minimum
casks iron or steel weight 15000 lbs 5
CR I OR I
CR I OR
Iron steel or tin with or es bundles or crates
without hangers not L C L 4
nested in barrels box Nested or not nested
es bundles or crates in packages or loose
L C L 1 C L minimum wt
Nested in barrels box 30000 pounds 6
This Circular shall be in effect on and after November 15th 1911 and repeals everything in conflict
By order of the Commission
Campbell Wallace Chas Murphey Candler
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
Chas Murphey Candler Chairman Geo Hillyer ViceChairman
Joseph F Gray
Paul B Trammell
J A Perry
Campbell Wallace Secretary
y Commissioners
J
J P Webster Rate Expert
Atlanta Ga January 2 1912
CIRCULAR No 363
Freight Rules
Freight Rule No 7 is hereby amended to read as follows
Rule 7
Where in the Commissions Freight Classification estimated weights are provided for any given article such estimated weights shall apply in all cases
The following scale of estimated weights shall apply to carload shipments of live stock only in cases where actual weight can not be ascertained but said scale of estimated weights shall apply to and govern such shipments of less than carload lots regardless of what the actual weight may be
LIVE STOCK Lbs
One horse mule or horned animal except as specified below 2000 Two horses mules or horned animals except as specified below in same car and from same shipper to same consignee 3500
109
Each additional horse mule or horned animal except as specified below in same car and from same shipper to same
consignee 1000
Stallions Jacks and Bulls each 3000
Mare and Foal together for both 2500
Colts under one year old each 1000
Colts Donkeys or Ponies crated each actual weight but not
less than 1000
Cow and Calf together for both 2500
Yearling cattle except bulls each 1000
Yearling bulls each 2000
Calves under one year old not crated each 1000
Calves over one year old crated each actual weight but not
less than 175
Calves under one year old crated each actual weight but not
less than 500
Sheep boxed or crated each actual weight but not less than 150 Lambs boxed or crated each actual weight but not less than 100 Hogs boxed or crated each actual weight but not less than 150 Pigs boxed or crated each actual weight but not less than 100
Goats Same as Sheep
Kids Same as Lambs
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 12000 each
Horned Cattle not over 5000 each
Stallions Jacks and Bulls not over 15000 each
Fat Hogs and Fat Calves not over 1500 each
Lambs Stock Hogs Stock Calves not over 500 each
Where consignors offer their animals for shipment at valuations in excess or the valuation above given carriers may charge the following percentages of increase above the prescribed maximum rate of freight
Over 15000 and not over 40000 add 30
Over 40000 and not over 60000 add 50
Over 60000 and not over 80000 add 60
Over 80000 and not over 100000 add 100
Over 100000 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 that 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
110
Shippers may be required to feed water and care for live stock at their own expense
When the same is done by the carriers the actual expense of so doing may be collected upon the shipment
It shall be the duty of the 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
In cases where actual weights can not be ascertained as elsewhere prescribed by the Commission the following named articles shall be accepted for transportation according to the scale of estimated weights below given
LUMBER LIME Etc Lbs
White Pine and Poplar thoroughly seasoned per 1000 ft 3000
White Pine and Poplar green per 1000 ft 4000
Yellow Pine Black Walnut Ash seasoned per 1000 ft 4000
Yellow Pine Black Walnut Ash green per 1000 ft 4500
Yellow Pine Boards 2 in and less seasoned and undressed
per 1000 ft 3500
Yellow Pine Boards 2 in and less dressed and seasoned
per 1000 ft 3000
Oak Hickory Elm seasoned per 1000 ft 4000
Oak Hickory Elm green per 1000 ft 6000
Flooring and Ceiling matched and dressed 1 in per
1000 ft 2500
Beveled Weather Boards dressed per 1000 ft 1500
Hooppoles Staves and Heading dry car loaded to depth
of 50 in 24000
Hooppoles Staves and Heading green car loaded to depth
of 43 in 24000
Shingles dry per 1000 450
Shingles green per 1000 i 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
JLime per bushel 80
Coal per bushel 80
Coke per bushel 40
Portland Cement per barrel 400
Other Cements per barrel 300
Ill
CANNED GOODS
91A Ihff 2 dozen cans per case 60
11L t 4 70
J72 2 36
1 li 2 22
1 u 4 1 42
9 2 42
Q 2 65
A 1 65
y2 45
i 90
2 f 24
2 3 50
Tall 1 pound can 4 I 46
Express Rules
Express Rule No 2 is hereby amended to read as follows
Rule 2
The rates for the transportation of shipments by express service passing over two or more railroads under the same management or control by lease ownership or otherwise shall be based on continuous mileage but when such shipments pass over two or more railroads not under the same management or control by lease ownership or otherwise thirty per cent 30 may be added to the Express Standard Tariff based on continuous mileage When such shipments are handled by two or more express companies each company may charge its local less ten per cent
However no more than twentyfive cents 25c may be collected as a minimum charge on shipments taking pound rates between any two points within this State both of which are served by the same express company and no more than 25 cents may be collected as a maximum charge on any shipment weighing five pounds and less between any two points within this State both of which are served by the same Express Company but where such shipments are handled by two or more express companies each express company may charge 25 cents less 20 per cent
Classification
The following changes in and additions to the Commissioners Classification of Freights are hereby adopted
Iron and Steel articles viz
Special Iron List viz
Brake Shoes
112
This Circular shall be in effect on and after January 12th 1912 and repeals everything in conflict
By order of the Commission
Campbell Wallace Chas Mubphey Candles
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
Chas Mubphey Candleb Chairman Geo Hillyeb ViceChairman
Joseph F Gbay
Paul B Tbammell
J A Pebby
Campbell Wallace Secretary J P Websteb Rate Expert
Commissioners
Atlanta Ga January 6 1912
CIRCULAR No 364
On and after February 15 1912 the class and commodity rates from Atlanta Ga to Eastman Ga shall in no case exceed the class and commodity rates from Atlanta Ga to Hawkinsville Ga by more than twenty 20 per cent And also on and after February 15 1912 the class and commodity rates from Brunswick Ga to Eastman Ga shall in no case exceed the class and commodity rates from Brunswick Ga to Hawkinsville Ga by more than twenty 20 per cent
Provided that this order shall not be construed to apply to affect change or increase any class or commodity rate now in effect from Brunswick and Atlanta to Eastman which is less than the above prescribed maximum rates
By order of the Commission
Campbell Wallace C M Candleb
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
Chas Mubphey Candleb Chairman Geo Hillyeb ViceChairman
Joseph F Gray
Paul B Tbammell
J A Pebby
Campbell Wallace Secretary J P Webster Rate Expert
Commissioners
Atlanta Ga February 9 1912
CIRCULAR No 365
ORDERED That on and after March 15 1912 the class and commodity rates between all common points in Georgia situated on and south of the Seaboard
113
AirLine Railway Savannah to Alabama state line and Vienna Georgia shall not exceed the class and commodity rates between said points and Cordele Georgia by more than five 5 per cent and that all class and commodity rates between all common points in Georgia north of said Seaboard Air Line Railways line Savannah to Alabama state line and Vienna Georgia shall not exceed the rates in effect between said common points and Cordele
PROVIDED that this order shall not be construed to apply to affect change or increase any class or commodity rate or rates now in effect between any common points in Georgia and Vienna Georgia which are less than the above prescribed maximum rates
By order of the Commission
Campbell Wallace C M Candleb
Secretary Chairman
RAILROAD COMMISSION OF GEORGIA
Chas Murphey Candler Chairman
Geo Hillyer ViceChairman
Joseph F Gray
Paul B Trammels
T A Perry
Campbell Wallace Secretary
J P Webster Rate Expert
CIRCULAR No 366
Freight and Passenger Tariffs of the Hawkinsville and Western Railroad
Company
Hawkinsville and Western Railroad Company is hereby placed in Class D of the Commissioners Freight Tariff Classification of Railroads and in Class E of the Passenger Tariff Classification and is allowed to charge for the transportation of freights and passengers no more than the rates prescribed by said classes respectively
Classification
The following changes in and additions to the Commissioners Classification of Freights are hereby adopted
Commissioners
Atlanta Ga March 30 1912
114
CR 1 OR 1 CR 1 OR
Iron and Steel Articles Doubletrees Felloes
viz Hubs Rims Seats
Special Iron List viz Shafts Singletrees
Castings Guano Distri Spokes Whiffletrees
butor Cotton Plant and Wheels N 0 S
ers and Cultivators viz
Vehicle Material Buggy Bodies Bows Dashes boxed or crated 2
This Circular shall be in effect on and after April 10th 1912 and repeals everything in conflict
By order of the Commission
Campbell Wallace C M Candler
Secretary Chairman
115
PASSENGER TARIFE CLASSIFICATION OF RAILROADS
Each 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 24 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
Class D 3 Atlanta Birmingham Atlantic R R Co
Augusta Southern R R Co
Bowdon Railway Company
Brinson Railway
Chattanooga Southern R R Co Fitzgerald Ocilla Broxton R R Co Flint River Northeastern R R Co Gainesville Midland Ry Co
Georgia and Florida Railway
Georgia Florida Alabama Ry Co Georgia Northern Ry Co
Georgia Southwestern Gulf Ry
Gulf Line Railway Co
Louisville Nashville R R Co
Class E i
Blakely Southern Railroad
Florida Central R R Co
Georgia Granite R R Co
Greene County Railroad Co
Hartwell Railway Co
Milltown Air Line Railway
Special
Georgia Coast Piedmont four cen
its per mile
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
Cents per mile
Ocilla Southern Railroad Co
Pelham Havana Railroad
Shearwood Railway Co
Sparks Western Railroad Co Statenville Railway Co
Sylvania Girard R R Co
Group
s per mile except between Glennville
and Ludowici
Flovilla Indian Springs Ry allowed a minimum charge of 25 cents Irwinton Railway Co 5 cents per mile 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
Atlantic Waycross Northern 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
Waycross Southern R R Co 5 cents per jnile minimum charge of 25 cents
FREIGHT TARIFF CLASSIFICATION OF RAILROADS
For Freight Tariffs See Corresponding Numbers on Opposite Page
Class A
Alabama Great Southern Railroad Co Monroe Railroad Co
Atlanta and West Point Railroad Co Union Point White Plains Railroad Atlanta Northern Railway Co Co
Georgia Railroad Co Western and Atlantic Railroad
Lexington Terminal Railroad Co
Class B
Atlantic Coast Line Railroad Co
Class C
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
Atlantic Waycross Northern Railroad Co
Augusta Southern Railroad Co Blakely Southern Railroad
Bowdon Railway Company
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 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 Greene County Railroad Co
Gulf Line Railway
Irwinton Railway Co
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 Shearwood Railway Co
Smithsonia and Dunlap Railroad Co South Georgia Railway Co
Sparks Western Railroad Co Statenville Railway Company Sylvania and Girard Railroad Co Talbotton Railroad Co
Tallulah Falls Railway Co
Tifton Terminal Co
Valdosta Moultrie Western Railroad Co
Wadley Southern Railway Co Waycross Southern Railroad Co
On stone Granite and Marble viz Blocks and slabs including furniture marble slabs for interior finish and grave and monumental work rough dressed or finished unlettered valuation limited to 20 per cubic foot C I Class P plus 25 per cent On sam L C L 23 of 6
FREIGHT TARIFF CLASSES
Each company doing business as a common carrier of freights in this State
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 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 D
On Classes 1 2 3 4 5 6 Ai 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
STANDARD TARIFF
PER 100 POUNDS Per Bbl Per 100 Lbs Per 100 Libs
Dis tance 1 2 3 4 5 6 A B c D E F G H
Miles Gts Cts Cts Cts Cts Cts Cts Cts Cts Cts Cts Cts Cts Cts
g 12 11 10 8 7 6 6 6 H 31 7 9 21 8
10 16 14 13 10 9 8 8 8 51 b 9 Hl 10
16 18 16 15 12 11 9 9 9 6 51 11 m H 12
20 20 18 16 14 12 10 10 10 7 6 12 14 5 14
25 22 20 18 16 13 11 n 11 61 13 15 51 16
30 24 21 19 17 14 11 U 11 H 61 14 16 6 17
85 26 23 21 19 15 12 12 12 8 71 15 16 6 9
40 27 24 22 20 16 12 12 12 8 71 8 16 161 61 20
45 29 26 24 21 17 13 13 13 8i 17 m 6f 21
50 30 27 25 22 18 13 13 13 8 8 18 171 7 22
55 32 29 26 23 19 14 14 14 9 31 19 18 7 23
60 33 30 27 24 19 14 14 14 9 1 19 18 n 24
65 35 32 28 25 20 15 15 15 91 9 20 19 71 25
70 36 33 29 26 20 15 16 15 91 9 20 19 n 26
75 38 35 80 27 31 16 16 16 10 91 21 20 27
80 39 86 31 28 21 16 16 16 10 91 21 20 28
85 41 37 32 29 22 17 17 17 11 10 22 211 n 29
90 42 38 33 29 22 17 17 17 11 10 22 211 8 29
95 44 39 34 30 23 18 18 18 Hl 11 23 28 8 30
100 45 40 35 30 23 18 18 18 111 11 23 23 81 30
ilo 48 42 37 31 24 19 19 19 12 11 24 23 81
120 51 44 89 32 25 20 20 20 13 12 25 24 81 32
130 54 46 41 S3 26 21 21 21 13 12 26 25 33
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 9 35
m 62 52 46 86 29 24 24 24 14 18 29 29 91 86
170 64 54 47 87 30 25 25 25 15 14 30 31 91 37
180 66 56 48 38 81 26 26 26 15 14 ol 31 91 38
190 68 68 49 39 32 27 27 27 16 15 32 33 01 89
200 70 60 50 40 32 27 27 27 16 151 32 33 91 40
210 71 62 51 41 33 28 28 28 17 16 33 34 9f 41
220 72 64 52 42 33 28a 28 28 17 16 33 34 10 42
230 73 66 53 43 84 29 29 29 18 17 34 36 101 43
240 74 68 54 44 34 29 29 29 18 17 34 36 101 44
250 75 70 55 45 35 30 30 30 19 18 35 38 10l 45
260 76 71 56 46 85 80 80 30 19 18 35 88 101 46
270 77 71 56 46 36 31 81 31 20 19 36 40 101 46
280 78 72 57 47 35 82 32 32 20 19 36 40 101 47
290 79 72 57 47 37 32 32 32 21 19 37 42 101 47
300 80 73 58 48 38 33 33 33 21 19 38 42 11 48
310 81 73 58 48 88 83 33 33 21 19 88 42 11 48
320 82 74 59 49 89 34 34 34 21 20 39 42 11 49
330 83 74 59 49 39 34 v 34 34 22 20 39 44 11 49
340 84 74 59 49 39 34 84 34 22 20 39 44 11 49
350 85 75 60 50 35 35 35 23 21 40 46 11 50
860 85 75 60 50 40 35 35 35 23 21 40 46 ill 50
870 85 75 60 50 40 35 35 35 23 21 40 46 111 50
380 88 76 61 51 41 36 36 86 25 23 41 50 111 52
390 88 76 61 51 41 86 36 36 25 23 41 50 111 52
400 88 76 61 51 41 36 36 36 25 23 41 50 111 52
410 91 77 62 62 42 37 37 37 26 24 42 52 Ili 54
420 91 77 62 52 42 37 37 37 1 26 24 42 52 Ili 54
430 91 77 62 52 42 37 37 37 26 24 43 52 m 54
440 94 78 68 53 43 38 v 38 38 27 25 43 54 Ili 56
450 94 78 63 53 43 38 38 38 27 25 43 54 111 56
460 94 78 63 53 43 38 38 38 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 Cfcs Ots 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 H 55 85 7 50 9 00 6 00 H
20 13 6 60 90 8 00 10 00 7 00 6
25 14 6i 66 93 9 00 11 00 8 00 6
30 15 7 70 1 00 10 00 11 00 8 CO 7
85 16 75 1 C5 12 00 12 00 9 00
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 8i
50 19 8 90 1 20 14 00 13 00 10 00 9
65 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 n 1 05 1 45 16 50 16 00 12 00 11
80 23 m 1 10 1 60 17 00 16 00 12 00 12
85 24 h 1 15 1 55 17 60 17 00 13 00 12
90 24 1 15 1 60 18 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 11 0J 15
120 27 10i 1 30 1 90 23 03 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 31 12 1 GO 2 25 17 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 31 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 82 00 23 00 21 00 21
240 39 14 2 40 2 65 88 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 60 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 38 00 26 00 24 00 24
330 48 17 3 15 3 30 38 50 27 00 25 00 24
840 49 17 3 15 3 40 39 00 27 00 25 00 24
350 50 17 3 28 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 3 28 3 60 40 00 27 00 25 00 24
380 53 18 3 41 3 GO 41 00 29 00 27 00 26
390 54 18 3 41 3 60 42 00 29 00 27 00 26
400 55 18 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 67 19 3 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
120
DIRECTIONS FOR COMPUTING RATES
For the benefit of those who may not be familiar with the subject the following directions are given for the computation of rates from the 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 171 where the distance from Savannah to Tennille is shown to be 135 miles Turning to page 116 a classified list of railroads in Georgia is found the Central being in Class C and on the opposite page 117 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 122 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 118 and follow down the first column which showfe 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 maximum rate is 71 cents per 100 pounds or on the 500pound 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 Fairburn Ga to Covington Ga on the Georgia R R will 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 pev cent must be deducted 10 per
121
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 Fairburn 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 R 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 116 and on page 117 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
122
CLASSIFICATION OF THE RAILROAD COMMISSION OF GEORGIA
Supersedes Classification Contained in 38th Report and all Amendments Thereto
Revised to April 1 1912
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
D 1 represents Double First Class
3 T 1 represents Three Times First Class
4 T1 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
CR I OR 11
Agricultural Implements N O S C D 20000 lbs owners to load and unload 4 6
Agricultural Implements
L C L as follows Brooders including neces
sary Lamp boxed or
crated L C L 2
Same C L min wt
15000 lbs 3
Cleaners Cotton Seed 1
Cradles Grain set up 3T1 D 1
Cradles Grain K D in
bundles or boxed 1 2
Crushers Corn or Cob 3 4
Cultivators K D 4
Cultivators set up 3T1 D 1
Cutters Ensilage Straw
and Hay set up n 1
Cutters Ensilage Straw and Hay K D and
packed 3
Distributors Guano set
up li 1
Distributors Guano K
D 2
Drills Grain set up 2
Drills Grain K D
packed 3 4
Dusters Bran set up 3T1 D 1
Dusters Bran K D
packed 2
Elevators Hay S U D 1 i 1
CR OR
Same K D 3
Elevators for Cotton manufactured of wood and iron S U D1
Same K D 3
Evaporators Fruit 1
Evaporators Sugar iron set up 1
Same with legs or rockers detached 2
Fans Grain See Mills Fanning Feeders and Condensers Cotton Gin 2 3
Forks Hay and Manure 3
Furnaces Evaporator 1
Gins Cotton 2 3
Guano Horns tin N O S D 1
Guano Horns tin crated 3
Harrows and Harrow Frames 3 4
Harrow Teeth packed 6
Hay Caps 3
Hoes in bundles 3
Hoes without handles in barrels or casks 4
Horse Powers K D 2 3
Horse Powers Railroad or Endless Chain 1 i
Hullels Cotton Seed and Clover viz S U loose or on skids L C L n 1
123
S U in boxes or
crates L C L
K D in boxes bundles or crates L C
L
In packages named loose or on skids C
L 20000 lbs
Incubators K D and packed or crated L C
L
Same C L min wt
15000 lbs
Kettles pans and pots
cast iron over 27 inches in diameter L C L Same C L min wt
20000 lbs
Knives Hay packed
Machines Hemp
Machines Smut
Machines N O S See
Machines
Machines Mowing and Reaping Binders and Harvesters whether combined or separate
K D L C L
Same partly boxed C
L min wt 20000 lbs Machines Mowing and
Reaping Binders and Harvesters whether combined or separated
set up
Purifiers Middlings Mills Burr stone Portable
Mills Cider
Mills Corn and Hominy Mills Cotton Seed
Mills Cane and Sorghum Mills Fanning set up Mills Fanning K D Mills with Trains Sugar
Mills N O S
Mowers Lawn hand power not packed
Same K D packed handles in bundles Pans Sugar Same as Evaporators Sugar Planters Corn and Cotton K D in bundles
or boxes
Planters Corn and Cotton set up
CR I OR II cR
Plow Handles and other
1 Wood in shape for Im
plements boxed crated
or bundled 4
3 Plow Singletrees and
Doubletrees 5
Plow Irons and Mold
6 Boards over 20 pounds
each 4
Plow Plates Points
1 Wings Castings and
Steel Same as Bar
3 Iron
Plows Gang and Sulky 3T 1
Plows set up N O S 1
4 Plows N O S K D 4
Presses Cider 4
6 Presses Cotton set up 1
2 Presses Cotton K D 4
1 2 Presses Hay set up 1
3 Same small and detach
able parts removed and
packed 4
Iron castings for hay
presses boxed of 6
Presses N O S 2
Pruners Tree in bundles 1
2 4 Rakes Hand in bundles 3
Rakes Horse set up li
4 Same K D and well
packed
Rollers Field and Road 3
Rollers Sugar 3
Scrapers Road and Pond 3
li 1 Scythes in bundles 2
3T 1 JJ 1 Scythes in boxes 2
Snaths Scythe 1
4 Separators Same as
3 4 Threshers
2 Shellers Corn 1
5 Shovels and Spades in
3T 1 1 bundles 3
li 1 Spreaders Manure set
3T 1 D 1 up li
2 Spreaders Manufe K D
boxed 2
1 Threshers 1
Trains Sugar 3T1
Wheelbarrows Iron 3
Wheelbarrows Railroad li
Wheelbarrows Wood set
up 1
2 3 Wheelbarrows Wood K
D and packed or bun
11 1 died
OK
D 1 2
5
1
3 5 5
4
2
2
1
D 1 1
3
124
CR OR
A
Accoutrements Military 1
Acids N O S D 1
Acids Carbolic
Acids Dry 3
Acids Muriatic and Sulphuric in carboys boxed L
C L D1
Acids Muriatic and Sulphuric in carboys boxed
C L 2
Acid Sulphuric in iron
casks 3
Acid Sulphuric in tank
cars 6
Agate Granite or Enameled Ware iron or steel
L C L 2
Same C L 4
Same in mixed C L with tinware same as Tinware
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 6
Alum N O S 4
Ammonia Sulphate of
same as Fertilizers Ammonia Waters See Waters
Ammonia Water Casks returned empty 6
Ammunition N O S 1
Anchors Guy 4
Same N O S 5
Andirons packed 4
Same unpacked 5
Antimony Crude 3
Antimony Metal 4
Anvils 5
Apples green See Fruit Apples dried See Fruit
dried
Apple Butter See Butter Argols in boxes bbls or
casks 4
Arsenic crude in kegs
boxes or barrels 3
Asbestos in boxes kegs bags or bales L C L 2
Asbestos in barrels or casks L C L 6
CR v OR
Asbestos in bbls or casks
C D
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 3
Asbestos Packing C L 6
Asbestos Roofing in rolls
or cases L C L 4
Asbestos Roofing C L L
Ashes and Meal Cotton Seed See Cotton Seed Ashes Wood apply fertilizer rates
Asphaltum packed L C L 6
Asphaltum C L A
Automobiles See Vehicles
Axes 5
Axles and Wheels Car
See Iron Bar Band etc Axles carriage and wagon
See Iron Bar Band etc Axle Grease See Grease
B
Babbitt Metal 4
Bacon See Meats
Baggage Army 1
Baggage Personal Effects
in Trunks 1
Bagging in rolls or bales
N O S B
Bagging Oil Press
Bags Burlap 6
Bags Cotton 6
Bags Gunny 6
Bags Paper 6
Bags Traveling 1
Baking Powders See Pow t
der
Bale Rope 5
Balusters See Woodwork Bananas See Oranges etc under Fruit
Band and Hat Boxes See Boxes
Barilla 3
Bark Ground in bags or
bbls N O S 5
Bark Tan in sacks 5
Bark Tan C L min wt 20001 lbs class P less 20 per cent
Barley See Grain
Barley Pearl 3
4
2
4
6
t1
125
CR
Barrel and Box Material
C Lmin wt 24000
lbs p
Barrel and Box Material
L C L 6
Barrels tight half Barrels
Kegs and kits empty except Ale and Beer empties and loose barrels L C
L Class R plus 20 per cent
Same C L 10000 lbs P Barrels half Barrels and Kegs empty Ale and Beer estimated weights barrel 100 lbs half barrel 50 lbs keg 30 lbs E Barrels loose such as Lime Sugar Cement or Flour estimated weight
25 lbs 6
Barrels or Drums Iron or
Steel empty 6
Barrels Paper nested
packed 2
Barrels Paper not nested 4T1
Barytes L C L 6
Barytes C L 25000 lbs P
Base Balls and Bats 1
Baskets Cotton Pickers
Split Nested 3
Baskets N O S D1
Baskets Fruit See Boxes Fruit
Baskets wood splint with tops or handles nested or in bundles of four with ends placed in
each other L C L 1
Baskets nested 1
Baskets Cotton Patent combination of Cloth and wood K D and packed together 6
Baskets or cylindrical basket frames cotton patent combination of cloth and wood S U nested center space filled with bags
L C L 3
Same without bags 3
Same with or without
bags C L 6
Baskets Grate See Iron
Bath Boilers See Boilers
Bath Tubs See Tubs
Ratting Cotton in lots of 100 bales of 50 lbs each 6
oR cR OR
Batting N O S See Cotton
Beams See Spools
Beans dried in boxes 2
Same in barrels or sacks D Bearings Brass See Brass
Beauxite Ore Same as Clay
Bed Cord See Rope
Bed Springs See Springs
Bedsteads See Furniture
Bedsteads Brass See Furniture
Beef canned packed See Canned Goods
Beef See Meats
Beer Empties returned
See Note under Waters aerated
Beer and Ale in wood estimated weights bbls
350 lbs I bbl 180 lbs quarter bbl 100 lbs 8th
bbl 50 lbs L C L
Beer and Ale in wood estimated weights as
above C L
Beer Ale and Mineral water barrels half barrels or kegs empty See Barrels
Beer Ale and Porter in glass packed L GV L securely wired and sealed or locked
Beer Ale and Porter in glass packed C L securely wired and sealed
or locked
Beer Ale and Ginger Ale in glass packed securely wired and sealed or
locked D C L
Beer Ale and Ginger Ale in glass packed securely wired and sealed or
locked C L
Bees in Hives
4 Bee Smokers boxed
Beeswax
Beet pulp dried in kegs
barrels or in sacks
Beets in barrels
Biellows
Bells Bell Metal or Brass Bells and Fixtures viz
I Sheet or cast Iron loose
4
D 1 1 4
D
3
1
1
4
E
126
CR
OR
CR I OR
or packed L C L 3
Same C L 3
Belting Leather 2
Belting Rubber 3
Belting Stitched Canvas 4
Berries See Fruit
Bicycles See Vehicles BilliardTables See Furniture
Binders Reapers etc See Agricultural Implements
Binders Boards in Cases 2 Binders Board 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 Lead 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
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 when 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 is required min wt
10000 lbs
Boats row when two flat
cars are required min wt 10000 lb to each
car
Boats Row C L min wt
20000 lbs
D 1 5
4 T 1
2
2
3
Boats Steam Yachts min weight 10000 lbs
Bobbins Spools Shuttles and Skewers in boxes
L C L
Same C L
Boilers Bath and Range Boilers see Machinery Bolts see Iron
Boneblack
Bones and Bone Dust see Fertilizers
Bonnets same as Dry Goods
Books
Boots and Shoes L C L
Same C L
Borax packed
Bottle Covers see Covers Bottles empty packed Bows and Shafts see Vehicle Material
Box and Barrel Stuff seq Barrel and Box Material Boxes Hat and Band
packed
Boxes Fruit and Baskets C L not less than 20000 lbs to be charged for Baskets fruit berry and vegetable nested and packed solid either in cases or securely fastened L C L
Boxes Fruit L C L
Boxes Cigar empty packed
Boxes Cracker empty returned
Boxes empty including Egg crates L C L Boxes empty including Egg Crates C L min
wt 15000 lbs
Boxes empty N O S
Boxes Journal see Iron Boxes paper empty packed C L min wt 10
000 lbs
Boxes Match wooden Boxes paper in nests of
two packed
Boxes Paper in nests of more thaji two packed Boxes Paper not nested
2
5
6 1
3
2
1
D 1 5 1
A
3
2
H
1
3 T 1
127
Boxes paper folding K D and shipped flat in bales bundles or crates same as Bags Paper Boxes Piano empty returned K D
Boxes Post Office Letter Boxes Tobacco empty Boxes Vehicle see Vehicle Material
Box Straps iron see Iron Brackets insulator see Telegraph
Brackets wood N O S
finished and boxed
Brackets wood in white made of pine or other wood
Brackets Iron Shelf packed
Brandy See Liquors
Bran L C L
Bran C L min wt 25
000 lbs
Brass N O S in boxes
barrels or casks
Brass Bearings and Castings packed
Brass Flues
Brass Scrap loose
Brass Scrap packed
Brass Valves boxed Brass Vessels in boxes
barrels or casks
Bread
Breeching Metal same as Saddlery
Brick Common Pressed and Fire See Rule 12 C L min Wt 40000 lbs
Same L C L
Brick Bath
Brick Salt Plain in boxes
L C L
Same C L
Brick Salt Medicated in
boxes L C L
Same C L
Brick Machines see Machinery
Brimstone same as Sulphur
Bristles
Britannia Ware
Brooders see Agricultural Implements
Broom Corn pressed in Bales L C L
CE
R II
CR OR
6
2
1
3
3
3
D
P
1
2
2
2
5
3
2
3
P
G
6
C
O
4
6
1
1
B
4
6
3
Broom Corn pressed in Bales C L min Wt 14
000 pounds
Broom Corn and Broom Handles mixed C L min wt 14000 lbs Brooms any quantity
Brushes
Buckets N O S Same as Wooden Ware
Buckets Coal
Buckets Well
Bucks saw see Sawbucks
Buckles Turn packed L
C L
Same C L
Buckwheat Flour
Buggies see Vehicles Building Material consisting of baseboards ceiling casing and moulding without ornamentation same as lum ber
Building Material Wooden consisting of rough or dressed Lumber Laths Shingles Window and Door Frames Sash Doors and Blinds Mouldings Ballusters Baseboards Clasinigs Newel Posts Stair work and Wainscoting mixed L
C L
Same C L
Bungs
Burial Cases see Coffins Burial Vaults cement L
C L
Same C L min wt 15
000 lbs
Burlaps
Burning Fluid
Burr Blocks finished
Burr Blocks rough
Butter Butterine and Oleomargarine in cans
Butter Butterine and Oleomargarine in kegs firkins buckets pails boxes and tubs
Butter Apple and other Fruits in wood
Butter Trays paper nested same as Bags paper
D
1
4
3
5
6
4
6
3
4
6
6
li
4
5
1
5
4
1
3
M U
128
CK I OR
CK
c
Cabbages packed 3 6
Cabbages loose C L 3 6
Cabinet Ware see Furniture Cages Bird boxed 3 T 1
Cages Bird K D nested and packed D 1
Cake nitre see Nitre Cake oil see cotton seed Cake salt see Salt Calcicake 5
Calks Toe in kegs 5
Calicoes same as Domestics Camphene li
Camphor 1
Candles boxed 4
Candy see Confectionery Cane seed see Seed Cane sugar see Sugar Cane Canned Beef packed 4
Canned Goods N O S 4
Canned Vegetables see Fruit Cannon 1
Cans empty N O S 3 T 1
Cans galvanized iron for manufacture of ice L C L 1
Same C L min wt 15000 lbs 4
Cans Glass see Glass Cans Paper crated li
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 C L min wt 20000 lbs 4
Cans Fruit and Syrup tin in bulk C L min wt 15000 lbs 5
Cans entirely boxed or crated C L min wt 15000 lbs 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 1 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 min wt
24000 lbs
Cars Logging smaller
parts boxed
Cars Logging set up L
C L
Street or Tramway operated either by steam cable horse or electric
power single I D1
Street or Tramway operated either by steam cable horse or electric power C L two or more on a car mini
mum weight 20000 lbs 5
Cars hand lever or
crank for railway use viz
S U L C L 1
S XL 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
129
OH OR
standard gauge on Subject to a minimum
their own wheels viz charge of 200 for
A minimum charge of each road handling
two dollars per car is maximum charge for
allowed when shipped entire movement of
on their own wheels 6000
Parlor and sleeping Locomotives and tenders
cars 25c per mile including tram engs
Coaches baggage mail loaded wholly on flat
and express cars 20c cars owner to load
per mile and unload otherwise
Box cab stock or tank subject to Rule 14 30c
cars 10c per mile per mile Not subject
Coal gondola or dump to Rule 27 Subject
cars 7c per mile to a minimum charge
Flat Cars upon their of 600 and maximum
own wheels 6c per charge 6000 for entire
mile movement
Flat cars When one or Cartridges metallic or pa
more flat cars are load per not high explo
ed on a flat car the sives boxed L C L
rate will be 3 cents Same C L
per mile for those Carts Hand see Vehicles
loaded on the flat and Cases and Crates Egg
4 cents per mile for see Boxes
the car on wheels car Cases CocaCola and Soda
rying the others Water empty L C L
Locomotives and Tend Cases show see Show
ers including tram Cases
engines moved by Cash Registers see Reg
their own power own isters
er to furnish fuel and Casing window see Wood
crew owner also to work
furnish pilot for move Casks Iron see Drums
ment over each road under Iron
earning ten dollars or Cassia
less on movement pi Castings iron see Iron
lot to be furnished by Castings Plaster
each road whose reve Castor Pomace same as
nue exceeds ten dollars Fertilizers
on the movement 20 Catsup in wood
cents per mile Not Catsup in glass boxed
subject to Rule 27 Cattle see Live Stock
Subject to a minimum Caustic Soda see Soda
charge of 200 for Cement in sacks or bar
each road handling rels L C L
maximum charge for Same C L
entire movement of Cement Building Blocks
6000 See Building Stone un
Locomotives and tenders der Stone
including tram engs Cement Glue packed
dead connecting rods Cement Asbestos see As
and small parts liable bestos
to be damaged to be Cement roofing see Roof
taken off and boxed ing
25c per mile Not sub Cereals see Food Prep
ject to Rule 27 arations
Ftd
130
CR I OR II CR
Chain Cotton Woolen and
Hempen 2
Chains See Special Iron List
Chain Belting see Machinery
Chairs see Furniture
Chalk 5
Chalk Crayons see Crayons
Chalk Prepared 1
Charcoal in bbls or casks
L C L 5
Charcoal in barrels or casks C1 L min wt 24
000 lbs O
Checks See Domestics
Cheese 4
Chert C L min wt 30000 lbs Class P less 20 per cent
Chestnuts see Nuts
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
Churns
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 oorded and sealed 1
Cigars not packed as above not taken
Cigar Boxes see Boxes
Citron 2
Clay in boxes barrels or
casks L C L B
Clay C L See Rule 12
min wt 25000 lbs P
Clay Burnishing packed 5
rlay Fire L C L B
Clay fire C L See Rule 12 min wt 25000 lbs P
Clay 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
Coal and Coke C L
Coal RatesAll percentages now allowed Railroad Companies in this State on Coal and Coke in carload quantities are withdrawn and the said companies excepting the Western and Atlantic and Georgia Railroad Companies are allowed to charge for the transportation of Coal and Coke in carload quantities as follows
For fifty miles and under Class L
For one hundred miles and over fift miles Class L less 5 ner cent
Over one hundred miles
Class L less 10 per cent
The Western and Atlantic nd the Georgia Railroad Companies are allowed to charge tor tne transportation of Coal and Coke in carload quantities as follows
q 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
Cocoanuts see Nuts
CocaCola Aerated See Waters Aerated
CocaCola Syrup in barrels or kegs same as juices fruit etc
Codfish see Fish
Coffee Extract or Essence
of 2
Coffee Green single sacks 4
Coffee Green double sacks 6
Coffee Ground or Roasted in single sacks 3
F F
131
CR I OR
CR OR
Coffee Ground or Roasted in double sacks boxes or
barrels 5
Coffee Substitutes Cereal
Same as Pood Preparations cereal
Coffee Mills see Mills
Coffins plain or stained
not painted nor var
nished wrapped 1
Coffins N O S boxed or
crated 2
Coffins K D 3
Coffins Metallic 2
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 Woodwork
Combs Curry see Currycombs
Commissary Chests and Stores 1
Compounds see Soap Powders
Compounds Polishing 3
Conductors or Down Spouts or Leaders galvanized iron or tin see Gutters and Guttering
Conduits viz
Brick L C L 6
Same C L of 6
Electrical insulating tarred Pelt paper Indurated Fibre or Porcelain in bundles crates or boxes L C L 2
Same c L min wt
20000 lbs 4
Flexible Iron for electric
wires L C L 4
Same C L 6
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
Same T 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
and Rods 3
Copper Flues 2
Copper Ingots Pigs and
Matts 4
Copper Ore C L min wt
25000 lbs P
Copper Ore L C L 6
Copper Stills worm
crated 1
Copying Presses see Presses
Cordage 3
Cork 1
Corn Starch see Starch
Corn see Grain
Corn Seed see Seed
Corn in ear See Grain
Cornices and Ornamental work for buildings made of sheet or stamped metal plain galvanized or painted viz
Boxed or crated S U
L C L D 1
Same nested L C L 1
Loose L C L 3 T1
Same boxed crated or
loose C L min wt
10000 lbs 2
Cornice Mouldings galvanized iron not cornices nested and crated any quantity 5
132
eR
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 lbs
Cotton in bales
Cotton Samples
Cotton Burnt shipments of burnt cotton are accepted at original weight 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 Gin Lint Flues
See Machinery
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 min wt
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
quantity
Note L C L Shipments of Cotton Seed to be sacked Otherwise 20000 pounds to be charged for
Cotton Seed Hulls C L
min wt 25000 lbs P
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 Hay Fodder and Straw
Cotton Waste same as Paper Stock
Covers and Safes Cheese
Same as Safes and Covers Cheese
Covers Bottle Paper Straw or Wooden pack
ed or pressed in bales 3
Covers Wooden 1
Cracklings 4
Crackers r 5
Cradles Grain 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 set up C L min
wt 20000 lbs R
Crates for peaches and ap
pies L C L K D B
Crates for peaches and apples K D C L min
wt 24000 lbs P
Crayons Chalk 4
Creameries packed or
wrapped 2
Cream Tartar in boxes or
kegs 2
ClreamTartar in barrels or
hogsheads 3
Crockery same as Earthenenware
Croquet Sets in boxes 2
Cross Arms Telegraph and Telephone see Tele
graph
1
3 6
J
1
4
2
5
6
5
6 G
G
133
CR I OU
Grossties hewed or sawed of dimensions from 6x8 inches by 7 ft to 7x9 inches by 9 ft 6 inches
C L min wt 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 as Hardware N O S
Cutch 4
Cutlery 1
Cylinders iron See Drums under Iron
Cylinders sheet metal see
Iron
D
Dates see Fruit
Dashes boxed or crated 2
Deer boxed 3T1
Deer Skins pressed in
bales 2
Deer Tongue in barrels bales or boxes value limited to 6 cents per lb L
C L 5
Deer Tongue C L 6
Demijohns see Glass
Denims see Domestics Desiccated Meats and Vegetables 4
Detergent 4
Disinfectants same as Insecticides
Distributors see Agricultural Implements
Dog Irons see Andirons
Dolomite apply Limestone rates
Domestics Denims Sheetings Shirtings Tickings Cotton Jeans Duck Checks Calicoes Prints Cotton Rope Thread Yarns and other factory products without percentage 6
Doors Iron see Iron
Doors and Frames see Sash etc
Drawers and Shirts Unlaundered entirely of Cotton see Garments Cotton
Drills grain see Agricultural Implements
Dross Rosin same as 3 Rosin
Drugs and Medicines N
O S
Drums See Musical Instruments
Drums iron same as barrels iron
Dry Goods N O S
Dry Goods in boxes or
bales
Dry Goods in trunks
crated or strapped
Dry Goods in trunks corded or wrapped
Dry Goods in trunks not corded or wrapped Dust Collectors S U not
crated or boxed
Same crated or boxed Same K D crated or
boxed
Dusters Bran see Agricultural Implements
Dye Liquid or Wood Liquor in barrels
Dye Stuffs viz
Dry in boxes
Dry N O S in kegs bbls or iron drums Liquid N O S in bbls Dye Woods in boxes or
bbls
Dye Woods in stick
E
Earthenware not Chinaware Crockery Jugware or Stoneware viz
In boxes
In slatted boxes crates bbls tierces casks or
hhds L C L
Loose L C L
Packed or loose C L Jugware Common C L
Eggs packed
Electric Light Carbons See Carbons
Electric Appliances viz Batteries N O S L C L
CR
1
1
1
1
1
D 1
3 T 1 D 1
1
3
1
2
5
2
4
2
1
OK
2
NCO 0rH
134
CR
Same C L min wt
20000 lbs 3
Battery Cups and Jars earthenware in packages 1 C L 2
Same C L 5
Arc Light Globes and Bulbs in crates boxes bbls or casks L C L D1
Same C L min wt
16000 lbs 2
Dynamos same as Machinery N O S
Meters boxed 1
Meters N O S D 1
Hoods Electric Light iron nested in packages 2
Transformers weighing each 150 lbs or less 1
Same weighing over
150 lbs each 3
Electrical Instruments Fittings and Fixtures
N O S boxed 1
Elevator Cars passenger or freight S U D 1
Same K D 3
Elevators for Cotton and
Elevators Hay see Agricultural Implements
Elevators N O S same as Machinery N O S
Emery value 4 cts per lb 3
Emery N O S 2
Empties dairy returned by the line over which shipment has been made not over 100 pounds 5 cents each for any distance
Enameled Ware see Agate
Engines see Machinery
Equipage see Accoutrements
Essences see Extract
Evaporators Fruit see Agricultural Implements
Evaporators Sugar see Agricultural Implements
Excelsior made from Georgia pine pressed in
bales L C L 5
Excelsior made from Georgia pine C L min wt
10000 lbs D
Exhibitors boxed or crated 3 T 1
Exhibitors woven or crated
Explosives same as Powder
Extinguishers Fire hand glass or grenade packed
Extinguishers Fire on wheels same as Engines Fire
1 Extract Bark for tanning
in wood
3 Extract Bark for tanning in glass packed
Extract of Indigo see Indigo
Extract of Logwood see Logwood
Extract of Malt in glass packed same as Ale
Extract and Essences N
O S
F
Facing Iron and Coal in bbls or sacks L C L
Facing Iron and Coal in bbls or sacks C L
Factory sweepings and cotton waste see Paper Stocks
Fans viz
Electric or Fan Motors
D1
packed L C L
Same C L
Fly metal folding packed
N O S in boxes
Fanning Mills see Agricultural Implements
Mills Fanning
Farina
Fasteners box see Iron
Faucets boxed
Feathers
Feeders Cotton Gin see Agricultural Implements Felloes see Vehicle Material
Felt Roofing see Roofing
Felting Boiler
Fence Wire and Wood
combination
Fencing Wire N O S Fencing Woven Fire See Special Iron List Fenders Iron See Iron Fertilizers C L min wt 3000Q lbs Class M less 10 per cent without percentage
CR D 1
li
5
2
1
6
A
1
3
2
1
2
2
D 1
2
5
5
135
CK
Fertilizers L C L Class K less 10 per cent without percentage Shipments of fertilizer 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 Fireworks packed so marked 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
Pish 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 1
Fixtures Tobacco see Machinery
Flax pressed in bales 3
Flax Seed see Seed
Flour 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 sack 6
Flour in paper not packed not taken
Flour Buckwheat 6
Flour Corn L C L 4
Flour Corn C L min wt 20000 lbs C
OR
3
1
OK OK
Flour Sack Material 6
Flour Selfrraising in packages C
Flour Rice C
Flues Copper see Copper
Flues Iron See Iron
Flues Brass See Brass
FluoriSpar 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
V IZi
Dry Animal and Poultry Powders Condiments or Tonics in sacks boxes pails with wooden or metal covers drums or barrels L C L 4
Same C D 6
Animal and Poultry Feed
N O S bulk in sacks D Food Preparations Cereal viz
Grits Corn in boxes 6 Grits Corn other than in boxes same as Meal Corn
Hominy same as Grits
Same in barrels half
barrels kegs drums or boxes or in paper
packages 6
Food Preparation N O S
in sacks 5
Food Prepared N O S 1 Food Preservatives packed I 3
Foots pitch or tank bottoms Cottonseed See Soap Stock
Forges Portable 3
Forks Hay and Manure see Agricultural Implements
Fountains and Fixtures Soda including marble stone and onyx parts
packed D1
Fowls dressed B
Fowls live in coops C Ti 1
Same L C L 1
Frames Bed wrapped or crated 2
Frames Door and Window see Sash etc
Frames Picture Mirror or
136
CR I OR
Lrooking Glass loose or in bundles 3T1
Same wrapped li
Same crated or boxed 1 Frames Mounted with Mirrors or Looking Glasses when shipped separately from other Furniture 3 T 1 Frames quilting see Quilting Attachments
Freezers Ice Cream 2
Fruit and Vegetables in cans without percentage
L C L 5
Same C L without percentage 6
Fruit in Glass packed 1
Fruit Berries dried 4
Fruit Berries green prepaid 1
Fruit Boxes and Baskets see Boxes
Fruit Dates 2
Fruit Dried Currants 2
Fruit Dried N O S 3
Fruit Dried Apples and Peaches L C L 4
Fruit Dried Apples and
Peaches C L 6
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 Bananas in crates boxes cylindrical carriers or cloth sacks prepaid or guaranteed L
C L 4
Same unpacked owners risk prepaid or guaranteed subject to a minimum charge on 5000 lbs actual weight if in excess of that amount L
C L
Same loose or packed
C L6
Fruit Oranges Lemons
and Pineapples in boxes
L C L 4
Same C L 6
CR o
Fullers Earth same as Clay
1 Furnaces Evaporator see
2 Agricultural Implements
Furs see Hides
Fuse D1
Furniture C L viz
Bed Slats in bundles crates or loose min
wt 24000 lbs 5
Chairs Wooden with Cane Splint Rattan
Reed Bamboo or Wooden Seats not upholstered min wt
8000 lbs 3
Chairs N O S 8000 lbs 2 Chair and other Furni
niture Stuff or Stock
Wooden N O SK D in the rough or in the white and Chairs K
D in the white
min wt 24000 lbs 4
Chair Seats in bundles or packed min wt
20000 lbs 3
Fixtures of either hard
or soft wood not including showcases for fitting Banks Barber Shops Offices Saloons Stores etc with or without mirrors
glass to be properly boxed min wt
12000 lbs 2
Mattresses Wovenwire
or Spring Beds min
wt 12000 lbs 4
Mattresses Straw Cotton Shuck Hay and Excelsior min wt 12
000 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
4 Roller Book Shelves
and Tables crated or boxed min wt 24
000 lbs 3
Iron Bedsteads min wt
12000 lbs 4
3
1
3
6
C
3
B
O
137
N O S all kinds finished or in the white straight C L min wt
12000 lbs
N 0 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 12000
lbs
Furniture L C L viz Beds Spring or Woven Wire see Mattresses Wire
Bedsteads Folding boxed or crated See note Note Same rate applies to folding beds in combination with wardrobes desks etc Bedsteads Iron or Brass
K D
Bed Slats Wooden in
bundles or crates
Bed Slats Metal in
bundles or crates
Bookcases Iron
Bookcases wrapped or
crated S U including Sectional o r Elastic Bookcases in set up
sections
Same K D
Bookcases and Desks combination wrapped
or crated
Buffets see Sideboards Bureaus of Hardwood wrapped or crated Same of common wood Cabinets Wooden Revolving for displaying hardware wrapped or
crated
Cabinets Kitchen se 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
CR
or
2 3
2 3
1 2
2 3
3 4
D1 1
n i
i i
1 2
2 3
11 1
1 2
D 1
Chairs Auditorium Opera Church etc packed K D
Chairs Porch or Lawn irofi 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 dr in bundles
or bales
Chiffoniers same as Bureaus
China Closets wrapped or crated
D 1
11 1
H 1
Church Furniture N O S wrapped or crated
S U
Same K D
Cots Woven Wire
U
Same K D or folded
CR OR
1
2
D 1
D 1
11 J2
1
2
D 1
11
1
1
1
D 1
D 1 1
D 1 2
138
CR OR 1 l CR OR
Cots N 0 S of hard wrapped or crated
D 1 1 S U li 1
Same of common Marble for Furniture
wood 1 2 see Stone
Cots N O S of hard Mattresses viz
wood K D 1 2 Hair Wool or Feather D 1 li
Same of soft wood 2 3 Spiral Spring not com
Couches metal folding pressed D 1
K D or folded 11 1 Spiral Spring in pack
Cradles or Cribs wrap ages containing two or
ped or crated S U D 1 more compressed not
Same K D or folded 1 2 to exceed three
Cushions Furniture in inches per mattress
hales or cases 1J 1 in thickness 1 2
Desks and Seats School Straw Cotton Shuck
s U 1 2 and Excelsior 3
Desks and Seats School Wire entirely taken
K D 2 3 apart and K D
Desks N 0 S wrapped boxed 1 2
or crated 1 2 Woven Wire li 1
Dressing Cases or Dres Spring N 0 S D 1 li
sers same as Bureaus N 0 S 1 2
Easels D 1 1 Poles Curtain wooden
Filing Cabinets Cases or and Fixtures boxed or
Boxes crated or boxed n 1 crated 1 2
Fixtures not including Same without Fix
show cases for fitting tures boxed or
banks barber shops offi crated 2 3
ces saloons stores Poles Curtain N 0 S
etc with or without and Fixtures boxed or
mirrors glass to be crated li 1
properly boxed wrap Racks or Stands Dis
ped or crated i 2 play S U D 1 li
Footstools See Hassocks Same K D wrapped
Frames Lounge or Sofa or packed li 1
S U D 1 H Refrigerators and Ice
Same hacks taken off 1 2 Chests wrapped or
Hall Stands see Hat packed 2 3
Racks Refrigerator Material
Hassocks or Footstools n 1 thoroughly K D 2 3
Hat Racks folding packed ii 1 Safes or Cabinets Meat
Hat Racks or Hall or Kitchen tin wood
Stands N 0 S or wood and tin com
wrapped or crated bined S U D 1 li
S U D 1 ii Same with legs de
Same K D or with tached packed 1 2
tops detached and Same K D flat 2 3
secured inside of Settees same as Chairs
package crated or Sideboards or Buffets
boxed 11 i wrapped or crated 1 2
Lounges with hacks Sofas and Teteatetes
wrapped or crated wrapped or crated D 1 li
S U D 1 n Springs Bed see
Same with hacks taken Springs
off n i Spring Beds see Mat
Lounges without backs tresses wire
Stands or Racks Music
S U
Same K D flat wrapped or packed Stools Piano wrapped or
packed
Tables Bamboo Rattan Reed or Willow wrapped or packed
Tables 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 U 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 unlaundried shirts and drawers and knitting factory products shipped in original packages contents
D 1
u
i i i
u l
3 T 1
1
D1 U
n i
2
2 3
2 3
X 2
1J 1
1 2
1 2
2 3
D1 U
H 1
1 2
2 3
to be legibly marked on each package 5
Gas in iron buoys requiring flat or gondola car minimum weight 5000
lbs eachjg l
Gas for dental purposes
or for calcium lights
in cylinders l
Gas Liquid Carbonic Acid in iron drums or tubes carriers option See
NiOte 5
Note Drums or tubes containing Carbonic Acid Gas must be plainly marked by proper label or otherwise NOTICEDANGER 1 This package must not be exposed to the sun or stored in a warm place
Gasoline see Oil
Gauges Steam see Machinery
Gelatine 1
Generators Gas 3
Ginger Ground in boxes 2
Ginger in bags 3
Gins Cotton see Agricultural Implements
Ginseng 1
Girders Iron see Iron
Glass Carboys empty D 1
Glass Chimneys 2
Glass Demijohns empty
not packed4 T 1
Glass Demijohns filled not packed or boxed not taken
Glass Demijohns filled boxed
Glass Demijohns empty
packed D1
Glass Floor Lights rough and heavy 5
Glass Fruit Jars see Jars Glass Insulators see Insulators
Glass Lanterns see Lanterns
Glass Oil Cans with metal
jackets packed 1
Glass Plate 71x15 feet or under outside measurement D1
Glass Plate over 71x15 feet outside measurement subject to min
wt of 1500 lbs3 T 1
Glass Roofing and Skylight not Window Glass 2
3
4
3 T 1 3
n
2
D1
3
140
CR
OR
CR OR
Glass colored stained decorated enameled ground figured or etched
L C L H
Same C L 1
Glass Vault Lights rough
and heavy 5
Glassware fine cut or engraved D 1
Glassware N O S 2
Glass Window plain colored enameled or
ground L C L 3
Same C L 5
Glucose in half bbls bbls
or hhds R
Glue 3
Glue Scrap 5
Glycerine in cans boxed
Y or in barrels 1
Glycerine in iron tanks or
casks 3
Glycerine Nitro plainly labeled L C L 4 T 1
Glycerine Nitro plainly labeled C L3 T 1
Graders Outfits see Outfits
Grain D
Grain Corn in ear sacked
L C L D
Grain Corn in ear C L Subject to Rule 13 Class N without percentage
Granite see Stone
Granite Roofing see Roofing
Granite Ware see Agate
Grapes in bundles boxes or crates L C L
Grapes C L
Graphite C L min wt 25000 lbs Class P less 20 per cent
Grass Seed see Seed
Grate Bars see Iron
Grate Baskets see iron
Grates see Iron
Grave Stones see Stone
Gravel apply Sand Rates
Grease Axle 6
Grease Car in barrels 6
Grease N O S in buckets tubs kits or kegs L C
L 3
Grease N O S in boxes barrels or casks 6
1
2
1
3
4
B
O
Grenades packed 1
Grindstones 6
Grindstone Fixturespacked
or in bundles 3
Grits Corn same as Meal
Corn
Groceries N O S 2
Guano see Fertilizers Guano Horns see Agricultural Implements
Gum Camphor see Cam
phor
Gum Copal Kowrie and
Shellac 2
Gums N O S 2
Gun Cotton D1
Gunny Bags See Bags Gunpowder See Powder
Guns Rifles 1
Gutters and Guttering galvanized iron or tin viz
Not nested L C L 1
In nests of two or more
crated L C L 2
Same C L 4
Gypsine in cases same as Paint dry in cases
Gypsum Land Plaster Fer
tilizer Same as Fertilizers
Gums Chewing 1
H
Hair in sacks 1
Hair Cattle for plastering
pressed in bales 6
Hair Curled pressed in bales and Hair Rope 2
Hair Goods manufactured
packed in boxes D1
Hames in bundles or pack
ed 3
Hammers other than Sledge same as Tools 4
O 6
Hammocks and Fixtures 1
Hams same as Meat salted Hand Carts see Vehicles Handles N O S boxed or
crated 5
Handles Broom boxed or
crated L C L B
Handles Broom C L min
wt 24000 lbs K
Handles Broom and Broom Corn C L mixed see Broom Corn
Handles Hoe L C L 5
141
CR
Same C L min wt
24000 lbs K
Handles Plow and other wood in shape for implements see Agricultural Implements
Handles Beams and other woods for manufacturing purposes rough or dressed but unfinished C L min wt 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 see Caps
Hat Boxes see Boxes Haversacks same as Accoutrements
Hay Fodder and Straw pressed in bales C L
min wt 20000 lbs D
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 D1
Hearses see Vehicles
Heaters Steam see Machinery
Heel Plates packed 4
Hemp in bales 3
Herbs see Roots
Hessians in original bales 6 Hides furs peltries and Skins viz
Furs in bags 3T1
Furs in boxes bundles or trunks strapped D 1 Furs N O S see Skins
N 0 S
Hides dry loose 1
Hides dry tied in bundles or bales any
OR
CR
OR
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 d 1
Same pressed in
bales 1
Same N O S D 1
Skins Sheep dry in
bales 1
Same green in bundles 2
Same salted in bundles 3
Hinges and Butts packed L C L 4
Same C L 6
Hives Bee empty set up 1
Hives Bee K D crated 6
Hobby Horses see Toys
Hoes see Agricultural Implements
Hods Coal 1
Hogs see Live Stock Hogsheads empty double barrel rate
Hollow Ware loose LCL 1
Hollow Ware loose shipp e d separately from
Stoves C L min wt
15000 lbs 3
Hollow Ware packed 3
Hominy see Food Preparations
Honey in glass or tin
boxed 1
Honey in comb boxed 1
Honey in barrels or kegs 1
Honey Extractors crated 1
Honey Section boxes and Frames in crates or boxes 3
Hoofs and Horns
Hooks Hasps and Staples
N O S packed 4
Hooks and rods Meat N
O S packed or loose 4
Hooks Backhand packed 4
Hoop Iron see Iron
Hoop Poles B
Hoop Skirts D1
Hoops Barrel Wooden
Same as Barrel Material
CO CO kO
142
CR
OR
CR
Hoops Truss Coopers 1
Hops baled 2
Hops in boxes 1
Horse and Mule Shoes See Special Iron List
Horse Powers see Agricultural Implements
Horses see Live Stock Hose Carriages see Vehicles
Hose Leather 2
Hose Reels Fire see Vehicles
Hose Reels Garden see Reels
Hose Rubber 3
Hosiery same as Knitting Factory Products
Hospital Stores 1
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 D1 Household Goods and old Furniture packed value limited to 5 per 100 lbs and so expressed in bill of lading said H valuation only to apply i in case of total loss
t L C L 1
i Household Goods and old Si Furniture well packed
S value not expressed in bill of lading L C L 1 o Household Goods and old o Furniture well packed
C L min wt 20000
lbs value limited to
g 5 per 100 pounds said valuation only to apply in case of total
Household Goods and old Furniture with Live
Stock one attendant to have passage free i3 on same train as car
C E value limited to 5 09 5 per 100 pounds said
8 valuation only to apply
in case of total loss D1
Explanations
1 All Bundles of Bedding Trunks of Clothing Household Goods or similar articles not Furniture will not be received for transportation unless packed chests of similar articles must be strapped or securely nailed This does not apply to C L of Household Goods
2 Bills of Lading and WayBills must designate character and number of packages
3 These instructions apply to old and secondhand Furniture Clothing Bedding etc not to new articles
Houses portable L C L 4 Same C L 6
Hubs and Felloes see Vehicle Material
Hullers Clover etc see Agricultural Implements j Hullers Pea same as Corn
Shellers under Agricultural Implements
Husks and Shucks in bales
See Rule 12 D
Hydrants Fire Plugs and Water Gates 5
Ice L C L packed in casks barrels boxes or bags in sawdust chaff
3 shavings or straw prepaid
Ice C L
Images and Figures Bronze or Metal packed not
Iron Statuary 3T1
Incubators See Agricultural Implements
6 Indigo 1
Indigo Extract in barrels 3
Infusorial Earth 3
Ink in wood 4
Ink Printing in wood 4
Ink writing Fluid in glass
or stone boxed 3
Insecticides viz
In Glass packed L C L 1
5 In Tin Cans packed or
tr td
143
in bulk in barrels N O
S L C L
Same C L
Lime and Sulphur Solution in barrels
Insulators see Telegraph and Telephone Material Iron and Steel Articles viz
Blow Pipe Material viz Sheet Iron plain or galvanized not nested L C L
Same side seams closed nested see note packed or wired in bundles L
C L
Note Shipments will be accepted as nested when two or more sections are placed one within another
Same side seams not closednested packed or wired in bundles any quantity 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 Box Straps or Fasteners packed or in bundles
Cages including convict cages doors and grating L C L
Same C L
Castings in boxes
Castings not machinery unpacked each piece weighing under
200 pounds
Same each piece weighing over 200 pounds Castings not machinery or sewing machines in kegs or casks
Crow Bars
Drums and Cylinders
empty
Flues
Forgings
Grate Baskets Fronts Fenders and Frames packed
CR
OR
4
6
6
D1
2
Same unpacked Grates packed
Same loose
Journal Boxes
Mantels packed
Same unpacked Nail Rods packed
Same unpacked Planished or Russia Plumbing Fixtures Viz Cast Iron Bath Tubs Lavatories or Washstands Water Closet Hoppers Cisterns or Tanks and Sinks without fittings packed
mixed C L
Sinks loose or in crates or barrels L C L Same C L
Washstands or Lavatories packed L C L Same C L
Water Closet Hoppers 6 Cisterns or Tanks L
CR
I of
4
6
4
6
2
3
5
4 6
5 4
6
2
C L
Same C L
Water Closet loose
Same boxed or crated
Railing and Fencing
Retorts
Roofing packed or in bun
dles 6
Sad Irons packed L C L 5
Same C Lgp 6
Sash Weights wired any
quantity K
Scrap L C L of 6
Same CJL 2240 lbs to ton M
Scrap Sheet in rolls or
bundles wired or crated of 6 Sheet plain galvanized
5 corrugated or stamped
in imitation of brick
6 packed or in bundles 6
Sheet Metal Pipes Tubes
or Cylinders parts of 5 machinery or other
wise N O S 1
Shutters and Doors 4
Sponge purifying material 3
Stand Pipe Material K D of 6 Statuary Chairs and Lawn Ornaments boxed or
3 crated 1
OR
M
2
05 eo os M CO rfa CO CO tf bO 5 tO I1 to 05 M tO h
144
CR OR I
Tanks and Tank Material
K D flat or nestedI of 6
Tires locomotive 6
Tubing boiler L C L 6
Same C L I of 6
Tubs Bath and Plumbing Fixtures see Plumbing Fixtures
Urns 3 5
Vault and Prison Work 4
Wedges and Sledges packed or in bundles 5
Same loose 3
Iron N O S boxed or
crated 1 2
Iron Work Galvanized 2 4
Iron and Steel Articles as per Special Iron List L
C L i of 6
Same in straight or mixed carloads minimum 30000 pounds M
Special Iron List viz
Axles Car Wagon and Carriage
Bar Band Boiler Hoop and Rod
Beams and Girders for buildings
Blooms and Billets steel
Bolts Nuts Rivets and Washers packed or in sacks or bundles
Brake Shoes
Bridge Material
Building Material viz
Fronts Beams Girders Channel Bars and Angles
Castings Guano Distributor Cotton Planters and Cultivators
Chains loose or packed
Fencing Woven Wire 16 gauge or over
Grate Bars
Jail Plate
Muck and Puddle Bar Iron
Nails and Spikes in kegs
Picks and Mattocks packed or in bundles
Pig Iron
Pipe Cast or Wrought not in coils
CR OR
Pipe Joints or Fittings packed or not packed Plow Plates Points Wings Castings Fenders
Railway Track Material viz Angle Bars
Chairs CrossTie Clamps Fish Plates Frog Filling Frogs Spikes Splice Bars Sw itches Switch Chairs Switch Stands Ties Tie Plates Track Braces Rails and Throws
Shoes Horse and Mule packed
Staples Fence in kegs Tires Vehicle
Vehicle Material viz Boxes Skeins and Springs
Wheels Car and Locomotive
wire Common Barbed or otherwise on reels or in coils
Isinglass same as Mica
Ivory
Ivory Black
J
Jack Screws and Wagon
Jacks
Japan Ware
Japonica
Jars Fruit Glass or Earth enware any quantity Jeans Cotton same as Domestics
Jeans Cotton and Wool
mixed
Jellies in glass packed Jellies in cans boxed Jellies in wood N O S Jugs see Earthenware Juices Fruit and Fountain Syrups and Syrups N O S not medicated in glass or earthenware packed in barrels or boxes or in tin cans crated
L C L
In bulk in barrels or in tin cans boxed L C L I
145
CR I OR
In glass or earthenware packed in barrels or boxes or in tin cans boxed or crated or in
bulk in barrels C L 5
Junk and Jute 6
Jute Butts 6
Jute Waste or Tailings see Paper Stock
Jute Yarn see Yarn
K
Kainit same as Fertilizers
Kalsomine same as Paint
Kaolin same as lay
Kegs empty N O S same as Barrels
Kegs empty N O S in crates 3
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 O S same as Hardware N O S
Kowrie see Gum
Knitting Factory Products see Garments Cotton
Jj
Ladders not over 30ft long 1
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 4 Si
Lard Substitutes or Compounds viz
CR OR
Oils Cooking or Edible products of cottonseed oil or cocoanut oil viz
In glass or earthenware
packed
In tin cans packed or in bulk in iron or steel barrels or drums or in
wood
Lasts packed
Laths C L min wt 24
000 lbs
Laths L C L
Lathing Iron in crates or
bundles L C L
Same C L
Lead bar or sheet in
boxes
Lead in casks or pigs Lead Black in kegs or
bbls
Lead Pipe see Pipe
Lead White same as Paints
Leather loose N O S Leather in rolls or boxes Leather Scraps in bales Leaves powdered in boxes
or barrels
Lemon or Lime Juice see Juices Fruit
Lemons Oranges see Fruit Lentils in bags boxes or
barrels
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
Lime in sacks casks or
barrels C L
Same L C L
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 min wt 25000 lbs Class P Less 40 per cent Limestone ground same as Lime
1
B
3
6
4
5
Ph pq fiO IffliD US rHCOi iH CO CO eS Cq CO
146
eR I OR
Limestone N OS C L min wt 25000 lbs Class P less 20 per cent
Lining Carpet 2
Liniseed 4
Linters see Paper Stock
Lint Flues Cotton Gin
see Machinery
Liquors Whiskey or Domestic Wine in glass packed in boxes or baskets each package weighing not less than 20
pounds 2
Liquors in wood N O S 1
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 2
Liquors N O S in glass packed in boxes barrels
baskets or casks 1
Lithographic Stone 1
Live Stock Horses and Mules L C L 1
Live Stock Horses and
Mules C L 2
Live Stock Cattle Sheep
Hogs etc h C L without percentage see Rule governing Live Stock 2
Live Stock Cattle Sheep
Hogs etc C L without
percentage 3
Lockers Trunk metal or metal and wood combined L C L 2
Same C L 4
Lockers Wall metal or metal and wood combined set up L C L 2
Same K D 4
Same K D C L 6
Locks same as Hardware
N O S
Locomobiles same as Carriages
Locomotives and Tenders see Cars
Locomotive Tires see Iron
Logging Cars K D or set up see Cars
CR
Logs for saw mills C L min wt 24000 lbs P
Logs for chair timber not over 4i feet long C L min wt 24000 lbs P less 20 per cent
Logs Green Pine not over 4J feet in length carloads cars to be loaded to full visible capacity and billed by the cord
Class P rates based on eight cords excess in same proportion per cord
Logwood 2
Logwood Extract of C L
dry 4
Looking Glasses same as Mirrors
Looms see Machinery
Lumber Dressed or rough
L C L B
Same C L min wt
24000 lbs See rule
12 P
Lye Concentrated 5
M
Machinery viz
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 30 feet and over including necessary stacK L C
L 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
Brick Machines 4
Cotton Gin Lint Flues
O L 6
Same L C L packf
ed 3
Cotton Presses set up see Agricultural Implements
Cotton and Woolen ex cept Looms set up D 1 Cotton and Woolen except Looms crated li
2
H
3
2
2
N
4 N
147
CR I OR
CR I OR
Cotton and Woolen except Looms K D and
boxed 1
Cotton Mill Rolls Iron
and Steel 2
Same returned to be paired or recovered rating to apply in
both directions 4
Engines Caloric Fire Portable and stationary L C L 2
Same C L 4
Hoisting K D 4
Looms 3 T 1
Machinery viz
Conveyors Spiral L C
L 4
Pulley and tackle blocks 5
Pulley Wheels and
Blocks 5
Machinery C L all kinds N O S 6
Machinery L C L all
kinds N O S 3
Machinists Tools Planers Lathes Drill
Presses etc 2
Printing Presses K D boxed or crated 3
Printing Presses K D not boxed 1
Printing Presses set up D 1
Saw Mills L C L detachable parts unboxed 2
Same detachable
parts boxed 4
Saw Mills C L same as Machinery N 0 S
Shaftings Hangers Pulleys etc 4
Shingle Machines 2
Stamp Mill Machinery
boxed L C L 5
Same C L 6
Stamp Mill Machinery
loose L C L 4
Same loose C L 5
Stamp Mill Castings L
C L 6
Stamp Mill Castings C
L M
Steam Gauges 1
Steam Heaters see Radiators
2 Tobacco Screws and
Fixtures 4
Water Wheels Turbine 3
Wood Working Lathes Planing Machinery
Boring and Mortising Machines set up 1
Wood Working Lathes Planing Machinery
3 Boring and Mortising
6 Machines etc packed
K D J 3
1J Machines Hemp see Ag
ricultural Implements Machines Meat Cutters 2
Machines Mowing and Reaping Binders and Harvesters see Agricutural Implements
Machines Sewing not boxed or crated 3 T 1
Same boxed or crated including parts thereof
S U li
Machines Sewing boxed or crajted partly K D
3 with head and box taken off and placed underneath between the legs or with the head folded
2 into the body of the
1 Machines see Machinery
Machines Smut see Agricultural Implements
3 Machines Washing 2
Macaroni 1
Mackerel see Fish
Madder
Malt
Malt in boxes
5 Malt Extract same as Ale
Manganese crude C L
min wt 25000 lbs
Manganese Ground packed
Manilla
Mantels Iron see Iron
Mantels Slate packed 2
Mantels Wood crated or
boxed L C L 2
Same C L min wt
12000 lbs 3
Manure Stable C L min
wt 30000 lbs P
Maps boxed 1
1
3
05 P H pLj lo CO
148
CR I OR 11 CR
Marble and Granite same as stone
Marl same as Lime Marble Dust C L in ibar
rels L
Same L C L B
Marbles in casks or boxes 4
Marble Tiles 4
Matches in wood or paper packed in cases alone marked matches
Match Splints packed in
cases L C L 4
Same C L 6
Mats and Rugs N O S 1
Mats Grass Hemp Hair
Steel Wire Rubber and
Cocoa 3
Mats Oil 1
Matting 1 2
Mattocks and Picks see Special Iron List
Mattresses see Furniture
Meal and Ashes Cotton Seed see Cotton Seed
Meal Corn in barrels or
sacks D
Meal Oat see Food Preparations
Measures 1
Meat N O S B
Meat Bacon and Pork B
Meat Fresh Beef Sausage Poultry dressed Fish
fresh B
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 Meats in quantities less than 10000 pounds must he in hags 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 1 Same C L 1
Melodeons see Musical Instruments
Melons freight guaranteed C L min wt 24000 lbs
Melons L C L 4
MerryGoRounds L C L 1
Merry Go Rounds C L
3 without percentage 6
Meters Gas boxed 1
Meters Gas not boxed not taken
Meters Water boxed 3
Meters Water not boxed not taken
Mica 3 T 1
Mileage Car see Car Mileage
Milk Condensed boxed 4
Milk minimum charge allowed 15 cts
Millet
Millet Seed see Seed
Millinery including Hats and the like already made up plumes birds and other material of like 3 character for millinery
purposes
Milo Maize in bags or sacks Mills Barilla Bark and Cob Mills Cane see Agricultural Implements
Mills Cider see Agricultural Implements
Mills Coffee and Faint set
up
Mills Corn see Agricultural Implements
Mills Cotton Seed see Agricultural Implements
Mills Flour roller
Mills N O S
2 Mill Stones finished
Mill Stones rough
Mill Stuff Rule 12 L C L
Mill Stuff C L min wt
25000 lbs P
Note The term Millstuff as here used is intended to cover only that part of the wheat product 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
OR
Cl CT 4 tO tO INS 5 I1 OW
149
CR I OR
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 3T1 Mirrors over 7ixl2 outside measurement pack
ed 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
Mouldings common for
building purposes 4
Mouldings N O S D1
Mouldings Iron see Cornices
Mouse Traps see Traps Mowers see Agricultural
Implements
Mucilage packed 2
Musical Instruments viz
Drums 3T1
Melodeons Organs cabinet or Pianos boxed
L C L 1
Same L C L not boxed not taken
Same boxed wrapped or crated C L 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
1
D 1
3
3
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 L
Same C L
Netting wire mesbes one inch or greater in rolls same as Fencing woven
wire
Nitre Cake same as Fertilizers
Notions
Nutmegs
Nuts Chestnuts prepaid Nuts Pecans in barrels
L C L
Nuts Pecans in barrels
C L
Nuts Cocoa packed or sacked L C L
Nuts Cocoa C L
Nuts Edible in bags N
O S
Same in barrels or
casks N O S
Nuts Peanuts and Chufas
L C L
Same C L
Nuts Hickory and Black
Walnuts L C L
Same C L min wt 24000 lbs
O
Oakum
Oats See Grain
Oatmeal See Food preparations
Ochre in sacks barrels or
casks D C L
Same C L
Ochre to be used in manufacture of Fertilizers same as Fertilizers
Oil Cake same as Fertiliizens
Oil Cloth 16 feet long or
over boxed
Oil Cloth loss than 16 feet
long boxed
Oil Cloth baled
Oil Cloth not boxed or baled not in shipping order
Oil Castor in glass
cR
2
5
1
2
3
3
3 6
1
2
5
6
4 6
4
5
6
1
2
n
150
CR
placked 1
Oil Castor in bbls 3
Oil in cans encased in wood 1
Oil Petroleum and Petroleum Products viz Benzine Gasoline and Naphtha 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 not 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 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 1
In metal cans jacketed
unpacked L C L 2
In metal cans boxed L
C L 3
In metal cans C L 4
In barrels or half barrels L C L 4
Same C L 6
In tank cars C L Minimum capacity of tank but not less than 24000
lbs 6
In iron drums or iron barrels actual weight
L C L 4
Note 1 The weight of contents of tank cars shall be computed at 66 pounds per gallon
Note 2 The weights on shipments in wood and cans shall he computed as follows
In wooden barrels containing not over 52 gallons 410 pounds each the weight of each gallon in excess of 52 gallons to be computed on
OR
2
3
basis of 76 pounds per gallon
In wooden halfbarrels containing not over 30 gallons 240 pounds each
In square cans completely cased each case containing 10 gallons 80 pounds each
Note 3 Shipments of petroleum grease paraffine wax and petrolatum shall be charged for on basis of actual weight Notes 1 and 2 will not apply
Paraffine wax may be shipped in boxes or bags at the same ratings as govern on shipments in barrels and half barrels Oil Cocoa in original pack
ages
Oil Cocoa in barrels
Oil Palm Seed crude L C L Class K with 20 per cent added
Oil Cottonseed L C L Same C L without percentage See Note
Note Snipments of Cottonseed Oil in tank cars will be billed at a minimum weight based on shell capacity of tank computed at 7 pounds per gallon
When the shell capacity of tank is 6250 gallons or more settlement will be made on basis of actual weight subject to a minimum weight of 6250 gallons computed at 7 pounds per gallon
When the shell capacity of tank is less than 6250 gallons settlement will be made on basis of actual weight subject to a minimum weight based on the shell canacity of tank computed at 7 pounds per gallon
One remnant shipment of cottonseed oil in tank cars will be allowed made each season from each mill at the current carload rate subject to a minimum weight of 24000 pounds Transportation companies do not furnish tank cars
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
Oil Pine same as Coal Oil
Oil Sassafras in glass or
CR
1
3
5
R
4
OR
2
4
4
151
cans boxed
Oils in glass or cans packed except Coal Oil and Sassafras Oil
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
Onions in barrels or crates
Onions 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
Same C L min wt
25000 lbs class P less 40 per cent
Ores samples or specimens must be prepaid
Organs see Musical Instruments
Outfits graders or contractors L C L
Same C L min wt
24000 lbs
Same C L min wt
24000 lbs 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 C L
Same C L min wt
20000 lbs
Ovens viz
Bakers sectional steel
K D L C L
Same C L
N O S S U not packed
CR I OR
CR
3 T 1 1
3
1
4
5
6
6
1
6
6
3
6
3
5
D 1
D 1 N O S S U packed 1
N O S K D packed 2
2 Overalls see Garments cotton
Oysters in cans or kegs 4
4 Oysters shell in barrels Oysters shell in bulk C L
Oyster Shell crushed L C L B
Oysters in glass packed 1
2 P
6 Packing Asbestos see Asbestos
Packing Hemp 4
Packing Metallic 2
Packing Rubber 3
Paintings and Pictures well boxed value of each box not to exceed 200 D 1
Paintings and Pictures over 200 in value 3 T 1
Paints Red and White Lead and Linseed Oil viz In glass or earthenware boxed 1
Bulk dry in boxes or cases 5
Bulk earth metallic or dry in barrels casks sacks or kits L Ci L 6
2 Same C L L
6 5 Bulk not dry in wooden or steel kegs or pails kits barrels buckets casks iron or steel drums or tin kegs with flat top enclosed in veneer or sheet metal jackets 5
In tin cans Jacketed not packed 2
In tin cans boxed crated or packed in barrels 4
Paneling see Woodwork Pants Jeans Cotton and Wool Mixed in bales or in cases 3 1
Paper Bags see Bags Paper Barrels nested packed 2
Paper Barrels not nested 4 T 1
Paper Binders Board see Binders Board Paper Bottle Covers packed or pressed in bales 3
OR
2
1
D 1
152
CR
CR
Paper Boxes see Boxes paper
Paper Cans see Cans Paper
Paper Card
Paper Collars see Collars Paper Hangings in bundles Paper Hangings boxed Paper Pads or Tablets and Blank Books with flexible paper backs in bundles crates or boxes L
C Li
Same C L
Paper Pasteboard IS
Paper Printing or Wrapping
Paper same as above in
boxes
Paper in rolls for manufacture of bags
Paper Pulp see Pulp Paper Roofing see Roofing
Paper Sand and Flint Paper Shirtboards see
Shirtboards
Paper Stock wasteCotton Sweepings Motes Regins and Linters in bales with privilege to calrrier of compressing value limited to 2 cents per pound and so specified on bill of lading Paper Stock wasteCotton Sweepings and Motes
N O S
Paper Stock wasteCotton N O S
Paper Stock waste Woolen Jute or tailings
in bags
Paper Stock waste Woolen Jute or tailings pressed in bales
Paper Stock wastePaper in sacks bbls or
hhds
Paper Stock wastePaper pressed in bales or
crates
Paper Stock wasteRags in sacks bbls bales
hhds or crates
Paper Straw Boards
Paper Toilet packed or in rolls or bundles
R
R
R
Paper wall any quantity
in bundles
Paper wall any quantity in boxes
Paper Ware N O S
Paper Writing Book or
Blotting in boxes
Parers Fruit boxed
Paris White same as paint
Paste in barrels
Peaches dried see Fruit Dried
Peaches green see Fruit
Peach stones packed
Peanuts see Nuts
Pearlinq
Pearl Ash
Peas in boxes
Peas in bags or barrels
same as grain
Pea Hllers see Hullers Pecans see Nuts
Pegs Shoe in bags
Pegs Shoe in barrels or
boes
Peltries see Skins
Pencils Slate
Pepper and Spices in bags Pepper and Spices N O
S ground in boxes Pepper Sauce see Sauce Pepper
Perfumery
Petroleum see Oil Phosphate Rock C L min
wt 24000 lbs
Phosphate fruit beverage ready for use and not fountain juices extracts etc in barrels or kegs Photographic Material Pianos see Musical Instruments
Pickers Cotton Raw Hide Pickles in glass packed Pickles in barrels or casks Pickles in cans boxed Picks and Mattocks see Special Iron List Picture Backing in packages
Pictures see Paintings Pigs Feet see Meat Pineapples in cans boxed Pineapples in glass packed
153
CR I OR
CR
Pineapples C L and L
C L see Oranges etc under Fruit
Pine Straw loose C L
Class P less 20 per cent
Pins in cases 1
Pins Clothes see Clothes Pins
Pins Insulators see Telegraph Brackets
Pipe Copper Brass or
Metal N O S 1
Pipe Copper Brass or Metal N O S boxed 3 Pipe and Tile Drain or
Roofing L C L 5
Pipe and Tile Drain or Roofing C L min wt
25000 lbs R
Pipe Earthen not Drain
L C L 1
Pipe Earthen not Drain
C L 3
Pipe Fittings see Iron
Pipe heating furnace galvanized iron or tin viz
Crated or boxed not nested D1
Crated or boxed nested 2
Same side seams not closed nested wired in bundles or crated
L C L 4
Same C L 5
Pipe Iron see Iron Bar
Band etc
Pipe Iron in coils parts of ice machinery L C L
Same C L
Pipe Lead in rolls or reels 4
Pipe Lead in casks 5
Pipe Organs K D boxed same as Pianos
Pipe Sheet Iron Spiral 1
Pipe stove and elbows
L C L I D 1
Pipe Stove and elbows
C L Loose or in bundles straight or mixed
C L minwt 20000 lbs 3 Pipe Stove side seams not closed viz nested and wired or crated L C L 1 Same O R of rust
L C L
Pipe nested and wired or crated or otherwise C
L min wt 20000 lbs 3
6
P
5
6
3
6
3
5
4
5
Pipe Tin boxed
Pipe Wood L C L
Same C L
Pipes Tobacco in boxes Pitch any quantity same as Rosin
Planters see Agricultural Implements
Planes same as Tools N O S
Plaster Board wall plaster rates plus 20 per cent Plaster Wall Cement or Calcined including Plaster of Paris in bbls or
Sacks L C L
Same C L
Plaster Land same as Fertilizers
Plate Tin see Tin Plate Plated or White ware Plates Paper and Wood
L C L
Plates Paper and Wood C L min wt 24000
lbs
Plates Heel see Heel Plates
Plows see Agricultural Implements
Plow Materials see Agricultural Implements
Plumbago
Plumbers Material N O
S packed
Plumbing Fixtures see Iron and Steel articles Poles Tent see Tents Poles N O S not over 30 feet in length C L min
wt 30000 lbs
Polishing Powders and Compounds see Powders
Polish Stove and Shoe
packed C
Polish Stove and Shoe
in Glass packed
Ponies Shetland same as Live Stock
Porcelain Ware
Pork see Meats
Porter same as Ale
Posts split or round C L min wt 30000 lbs Class P less 20 per cent
Potash N O S
Potash Ball package
2
3
4 1
1
3
6
5
4
P
4 3
1
5 5
OR
5
154
Potash German Muriate of and Sulphate of same as Fertilizers Potatoes L C L in bbls
or sacks
Potatoes C L
Poultry dressed see Meats
Poultry live C L
Same L O L
Powder Baking
Powder Bleaching
Powder Gun and other Explosives L C Li
Same C L min wt
5000 lbs
Powdered Leaves in boxes
or barrels
Powders and other Washing Compounds see Soap
Powders Cattle Horse or
Condition
Powders Polishing Compounds etc
Powers Horse see Agricultural Implements Preserves in glass packed Preserves in cans boxed Preserves in wood N O
S
Presses Cider see Agricultural Implements Presses Cotton and Hay see Agricultural Implements
Presses Copying
Presses Printing see Machinery
Presses N O S
Printed Matter in sheets
boxed prepaid
Prints same as Domestics Pruners see Agricultural Implements
Primes in boxes or kegs
Prunes in casks
Pulleys see Machinery Pulp Paper or Wood
Pumice Stone
Pumps and Pump Material
wooden L C L
Same C L
Pumps Hand
Pumps Steam pumping engines and machinery L C L
CR
OR
same C L
Putty L C L
Pyrites L C L prepaid in boxes or barrels
6
6
R
D
Pyrites C L min wt 24000 lbs
1
1
3
4
D 1
N
2
Q
Quartermasters Stores Quicksilver in iron flasks Quilting attachments K
D in bundles
R
1
1
1
3
1
4
3
2
2
2
2
4
R
3
3
4 1
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
Rat Traps see Traps Reapers see Agricultural
3 Implements
Red Lead same as Paints
Reeds
Reel 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
4 Rice in sacks
5 Rice clean in bbls or
casks
Rice clean in boxes or
kegs
4 Rice Flour see Flour
CR OR
4 5
5 6
B
P
1
1
2
3
5
1
2
1
2
3
5
D 1
4
2
D 1
D1 1
1 2
4
C
CO
155
CR
Rivets Iron see Iron
Robes Buffalo D1
Rods Nail see Iron
Rods Meat see Hooks
Rollers Field Road and Sugar see Agricultural Implements
Rollers Printers 1
Roofing Asbestos see Asbestos
Roofing Cement and Roof Coating liquid in barrels
or casks L C L 6
Same C L A
Roofing Felt or Paper in bdls or rolls B
Roofing or Sheathing Cement and Prepared or Composition Roofingsheet same as Roofing Felt or Paper
Note Roofing in rolls each roll containing liquid cement tin roofing caps or nails sufficient to lay the roofing may he carried at the ratings applying on the roofing
Roofing Glass see Glass
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 the gross weight L
Note Necessary tools for
applying roofing may he shipped in same car at the published rate on such tools
Roofing Slate L C L 6
Roofing Slate C L min wt 25000 lbs See Rule
12 P
Roofing Tile see Pipe
Roofing Tin in rolls 5
Root Angelica in barrels
or boxes J 1
Roots and Herbs value not over 10c per pound L
C Li 4
Same 3 L 6
Roots and Herbs value over 10c per pound 3
Rope N O S 3
Rope Bed Cord 3
Rope Clothes Line 1 3
Rope Hair see Hair
OR
CR I
Rope Cotton see Domestics
Rope Old 6
Rope Hemp or Jute same as Yam Jute and Sisal
Rope Wire see Wire
Rbsin 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 5
Rugs N O S1
Rugs Grass Hemp Hair
Steel Wire Rubber and
Cocoa 3
Rugs Oil 1
Rustic Work not boxed 3T1
Rustic Work crated 1
Rustic Work entirely
boxed 2
Rye see Grain
S
Sacks same as Bags
Saddlery 2
Saddlery Horse Collars 2
Saddlery Horse Collars
other than Leather
Saddlery Harness boxed 2
Saddlery Harness in bundles 1
Saddles not boxed 1
Same boxed 2
g Saddletrees not boxed 1
Same 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
OR
E
1
156
CB OR
Safes Kitchen and Pantry
see Furniture
Safes or Covers Cheese
boxed 3 T 1
Sago in bags boxes or
barrels 3
Sails 1
Saleratus see Soda
Sal Soda 6
Salt in sacks or barrels
L C L C
Same C L min wt 20
000 lbs O
Salt Brick see Brick
Salt Cake same as Fertilizers
Salt Table 6
Salts Bleaching same as Lime Chloride of
Salts Epsom in casks or
barrels L C L 5
Salts Epsom C L R
Salts Epsom L C L N
O S 4
Saltpetre L C L 5
Same C L M
Samp 2
Sand N O S C L min wt 30000 lbs class P less 20 per cent See Rule 12
Sand L C L in barrels B
Sand or Dust Moulding 5
Sand Paper see Paper
Saratoga Chips 5
Sardines see Fish
Sash unglazed Blinds
Doors and Frames L C
L 3
Same C L B
Sash Glazed L C L 1
Same 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 3
Sawdust L C L in barrels or bags 6
Sawdust loose C L min
wt 25000 lbs P
Saw Logs see Logs
Saw Mills see Machinery
Saws N O S loose 11
Saws N O S on boards 1
cR
Saws N O S boxed
Sawplates packed
Scales and Scale Beams
set up wrapped
Scales and Scale Beams
K D wrapped
Same boxed
Scrapers Road and Pond see Agricultural Implements
Screens Door or Window wire in bundles boxes or crates L C L
Screens Door or Window wire C L min wt 15
lbs
Screws Wood packed
Screws N O S packed Scythes see Agricultural Implements
Sea Grass pressed in bales Seats Telegraph Pole see Telegraph Materials
Seed Cane Sorghum Seed Corn in boxes
Seed Flax
Seed Garden
Seed Garden returned over same line by which originally forwarded Seed Grass and Clover L
C L
Same C L
Seed Linseed
Seed Millet
Seed Mustard
Seed Sunflower
Seed N O S
4 Separators see Agricul
tural Implements
4 Sewing Machines see
6 Machinery
Shades Window see Window Shades
2 Shadines See Fish
Shafting See Machinery Shafts See Vehicle Material
Shale same as Clay Shavings and Chips pressed in bales
Sheathing Metallic boxed or crated or in bundles
wired
Sheetings same as Domestic Sheep see Live Stock Sheep Skins see Skins Shellac see Gum
tO 05 3 W 00 to 4x to tc
Sbellers see Agricultural Implements
Shells Sea L C L prepaid D1
Same C L 5
Shingles L C L B
Shingles C L min wt
24000 lbs P
Shingles Metallic jboxed
It C L 4
Same C L 6
Ship Stuff same as Bran Shirtboards made of pasteboard printed or not
printed 6
Shirting same as Domestics
Shirts 1
Shirts and Drawers unlaundered entirely cotton see Garments cotton
Shoe Findings See Findings
Shoe Lasts see Lasts
Shoe Pegs see Pegs
Shoe Polish see Polish
Shoes See Boots
Shoes Horse and Mule see Special Iron List
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 orated or boxed S U L C L D1 Same K D L C L li Same S U or K D C
L min wt 10000 lbs 1 Bases or Stands un
1
glazed same as Fixtures
Shrubbery see Trees Shucks in bales rough
See Rule 12
Shucks prepared baled shipped from factory or furniture warehouse
Shuttle Blocks rough
Sieves Tin nested packed in boxes
Sieves Wire boxed or crated
Signs Card Metallic or
Wood
Signs Glass same as Glass Colored Stained etc
St Johns Bread in bbls
or boxes
Signs Trade boxed freight to be prepaid or
guaranteed
Sisal see Yarn
Sizing for factories L C
L
Same C L
Skewers see Bobbins
Skins Deer see Hides
Slag C L min wt 30000 lbs See Rule 12 Class P less 20 per cent Slate Mantels See Mantels
Slate Pencils see Pencils Slate Roofing see Roofing Slates School boxed Sledges see Iron
Smoke Stacks Flues or Hoods N O S L C L Same C L pain wt 20
000 lbs
Smoke Stacks Flues or Hoods cut in sections side seams not closed
nested L C L
Same C L min wt 20
000 lbs
Smokers Bee see Bee Smokers
Snaths see Agricultural Implements
Snuff in casks bbls or
boxes
Snuff in jars packed
Same not packed
Soap Castile and Fancy Soap Common in boxes
D
4 3
2
2
2
1
2
5
6
3
1
6
4 6
2
2
D 1 2 6
R
158
CR OR
OR OR
Soap Powders and other Washing Compounds same as Soap common
Soap Stock including cottonseed oil foots pitch or tankbottoms residuum of cottonseed oil refinings Class R without percentage
Soapstone Crude C L min wt 25000 lbs See
Rule 12 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
Soda Nitrate of C L same as Fertilizer C L
Soda Sal 6
Soda Silicate of 6
Softener Cotton and Wool
N 0 S 5
Same in barrels B
Solder 5
Sorghum see Syrup
Spades see Agricultural Implements
Spelter in slabs or casks 5
Spices see Pepper
Spikes Iron see Iron
Spokes and Shafts See Vehicle Material
Sponge D1
Spools and Beams Yarn empty without percentage 6
Spreaders see Agricul
tural Implements
Springs Bed Furniture in bundles wired together li
Same in barrels or casks 3
Same in boxes 2
Springs Car N O S 6
Springs Car Rubber loose 4
Same boxed 5
Springs Vehicle see Special Iron List
Stairwork see Woodwork Stamp Mill Machinery see Machinery
Staples Fence see Spe
cial Iron List
Starch L C L 4
Starch C L min wt 24
000 lbs C
Stationery 2
Statuary Iron Lawn Ornaments etc See Iron
Statues 3 T 1
4 Staves see Barrel and Box Material
Steam Gauges see Machinery
Steam Heaters See Machinery
Steel not packed of 6
Steel packed 2
Steel wired or strapped 5
Steel Bars each 200 lbs
and oyer 5
Steelyards K D packed 4
Steelyards unboxed 1
Stereotype Plates boxed for newspapers from
manufacturer 2
Stereotype Plates old boxed returned to manufacturer 5
Stereotype Plates N O S 2
Stills Worm crated 1
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 C L valuation limited to 500 per cubic foot 4 Same valuation not
restricted 1
Stone Granite and Marble viz
Blocks and Slabs including furniture marble slabs for interior finish and grave and monumental work rough dressed or finished unlettered valuation limited to 20 cents per cubic foot
1
159
CR
C L min wt 25000
lbs F
Same L C L of 6
Building Stone and Cement Building Blocks including Tile but not other interior finish nor ornamental work cut or sawed into shape rough dressed or carv ed but not polished protected otherwise at owners risk valuation limited to 20 cents per cubic foot
C L min wt 25000 lbs Class P less 20 per cent Not subject to Rule No 27
Blocks Paving rough rubble and Crushed Stone C L min wt
30000 lbs Rule 12
Class P less 20 per cent
Curbing C L min wt
25000 lbs Class P less 20 per cent
Monuments and Grave stones lettered valua N tion limited to 20 cents per cubic foot packed charges prepaid or guaranteed C L min wt
25000 lbs F
Same L C LI of 6
Stoneware same as Earthenware
OR
Stools Piano see Furniture Stove Boards boxed or crated 3
Stove Furniture L C L 1 3
Same C L 3 5
Stove Pipe See Pipe Stove Plates L C L 1 3
Same C L 3 5
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
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
Straw Goods
Straw Pine See Pine Straw or Wooden Bottle Covers pressed in bales Stucco same as Plaster Calcined
Sugar in bags
Sugar in double sacks
same as in barrels
Sugar in boxes strapped Same not strapped
Sugar in bbls and hogsheads
Sugar Cane L C L prepaid
Same 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 kegs L C L Sulphur for spraying purposes or for manufacture of Fertilizers C L Same as Fertilizers Sumac viz
Ground in bags or bbls
Li C L
Same C L min wt 20
000 lbs
Leaf C L min wt 16
000 lbs
Sumac Extract in bbls or
casks
Sweeping Factory see Paper Stock
Swings wooden or wood and iron combined including roller swings L
C L
Same C L min wt 20
000 lbs
Syrup and Molasses viz In barrels halfbarrels
kegs or hogsheads In tank cars minimum weight 50000 lbs See Note
R
R
160
CB
Note Syrup and Molasses In tank cars will be handled at an estimated weight of 117 pounds per gallon where actual weight can not be ascertained
Syrup in cans same as Fruit and Vegetables in cans
Syrups in glass iboxed
Syrup cane in glass packed
Syrups Fountain see Juices Fruit
T
Tables Billiard see Billiard Tables
Tackle Fishing see Fishing Tackle
Tacks packed
Tailings see Paper Stock
Talc
Tallow in barrels
Tallow N O S
Tamarinds same as Oranges
Tanbark see Bark
Tanks N O S3T1
Tanks Iron Same as Boilers
Tanks Oil cellar or store
O R B empty loaded
in box cars D 1
Tanks Oil cellar or store
O R B empty requiring flat or gondola cars min 5000 lbs each 1
Tanks Oil cellar or store
O R B K D with pump hood and measures 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 Pitch in bbls same as Rosins
Tar Coal in barrels L C
L B
Tar Coal C L See Rule 12 O
Cit j Ott
Tarpaulins packed in boxes or bales same as Domestics
Tea i
Telegraph and Telephone Material viz
Poles C L min wt
25000 lbs
Poles L C L
Insulator Brackets or Pins without percentage C L
Same L C L
Braces Cross arm Iron
Cross arms with Insulator Pins or Brack
ets affixed 6
Same without Insulator Pins or Brackets L
C L 6
Same without Insulator Pins or Brackets C
L min wt 24000
lbs p
Insulators Porcelain or Glass packed 4
Wire see Wire
Seats Pole 4
Suplies 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 o r Staples
Lightning Arrestors Fuse Blocks Terminal Heads for Cables Anchor Rods Paraffine Rubber Tubing Cable Aerial Submarine and Underground and oth
er analogous materials 1
Telephones boxed 1
Outfits for construction or repair of telephone or telegraph line Same as Outfits Graders or Contractors
Wire Copper and Insu
lated L C L 2
Same C L 4
aR II
05 W W
161
CR 1 OR
Wire Telegraph other than above same as wire common Tents Tent Poles and Pins 2
TerraCotta in packages 3 4
TerraCotta Architectural C L 6
TerraCotta Architectural packed in casks tierces etc L C L 3 5
Terra Japonica 4
Thread Spool Cotton and Silk 3
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 R
Tile viz Drain and Roofing see Pipe Fire for Lining etc 4
Hollow fireproof L C L 6
Same C L min wt 25000 lbs P
Marble etc see Stone Paving Cement C L same as Stone Building and Cement Building Blocks Paving Cement L C L Packed R
Timber N O S rough hewed round split or sawed other than fuel same as Lumber Tin Block and Pig 5
Tin Foil in boxes 2
Tin Plate in boxes or rolls L C L 4 5
Tin Plate C L 5 6
Tin Roofing see Roofing Tin Scrap in rolls or bundles wired or crated 6
Tinners Trimmings N O S 2
Tinware and Tin Stamped Ware boxed or crated 4
Tires Locomotive see Iron
CR
Tires Wagon see Iron
Tobacco Box Material L
C L 6
Same C L min wt 24
000 lbs P
Tobacco cases and boxes
empty 1
Tobacco Cut in boxes
bbls or bales 1
Tobacco Leaf in cases l
Tobacco Plug in boxes
or kegs 1
Tobacco Screws and Fixtures See Machinery
Tobacco Smoking 1
Tobacco Stems prized 6
Same not prized 1
Tobacco Unmanufactured
not prized
Same prized 2
Toe Calks see Calks
Tongues Pickled in barrels or kegs 4
Tongues Smoked 3
Tonqua Beans in boxes or
bbls 1
Tools Edge 2
Tools Mechanic boxed 2
Toothpicks 2
Tow in bales 2
Same compressed 3
Toys viz
Drums boxed 3T1
Furniture childrens L
C L D 1
Same C L min wt
15000 lbs 1
Hobby Horses entirely
boxed or crated L
C L D1
Hobby Horses not boxed 3 T 1
Hobby Horses boxed or crated O L min wt
15000 lbs 1
Sleds or Sleighs childrens L C L in bdls D 1 Same C L min wt
15000 lbs 1
Trunks 1
Wax Show Figures D1
Wheelbarrows O h i 1drens in bdls L C L D 1 Same C L min wt
15000 lbs 1
Mixed C L min wt 15
000 lbs 1
Toys N O S 1
162
CR
Tracks Railway portable of iron or wood
K D L C L 4
Same C L 6
Trains Sugar see Agricultural Implements
Traps Fly D1
Traps Mouse and Rat 1
Traveling Bags see Bags
Trays Butter see Butter Trays
Trees and Shrubbery baled or boxed L C L prepaid or guaranteed
Same C L
Tripe see Meat
Tripoli 4
Trucks Warehouse and
Factory L C L 3
Same C L 6
Trunks single 11
Trunks nested or filled with merchandise crated
or strapped 1
Trunks empty or filled with merchandise corded
or wrapped 1
Trunks filled with merchandise not corded or
wrapped D 1
Trunks N O S D 1
Tubes Sheet Metal see Iron
Trunks Sample D1
Tubs N O S 1
Tubs Bath all kinds L
C L 1
Tubs Bath cast iron C L 4 Tubs Bath N O S C L
min wt 10000 lbs 2
Tubs Bath see Iron and Steel Articles
Tubs Bath folding wrapped or crated 1
Tumblers packed 2
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 Spirits in tank cars See Note without percentage R
Note On eMnmpnfs in tank cars when the shell capacity of tank is less than 6250 gallons weights will he assessed
OR
on shell capacity of tank multiplied by 72 pounds to the gallon When capacity of tank is 6250 gallons or more settlement will be made on basis of actual weight subject to a minimum weight of 6250 gallons multiplied by 72 pounds to the gallon Transportation companies do not furnish tank cars
Turpentine Cups viz Earthen Same as Earth
6
O
1
2
1
3
2
4
R
5
enware
Fibre or Fibreoid L C
L
Same C L minimum weight 15000 lbs Iron steel or tin with or without hangers not nested in barrels boxes bundles or crates
L C L
Nested in barrels boxes bundles or crates
L C L
Nested or not nested in packages or loose C L minimum
weight 30000 pounds
Twine
Type boxed
Type Did in boxes barrels
or kegs
Typewriters boxed
U
Umbrellas boxed
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 class as Buggies Trotting Wagons etc Vehicles viz
Automobiles Locomobiles or other selfpropelled Vehicles See notes viz
S U L C L
K D boxed or well crated L C L
CR I
3
5
X
4
6
3
2
3
D 1 1
D 1 11
OR
1
163
CR
OR
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 and 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 operated by electricity must have connecting wires between battery and motor disconnected Vehicles operated by gasoline or napcha 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 li
Hose Reels N O S and Hook and Ladder Trucks L C L min wt 4000 lbs each Dl
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 5
Hose Wagons with
Chemical Engine attachments min wt
4000 lbs each D1
Carriages Buggies Gigs Sulkies and Trotting Wagons boxed or well crated C L min wt
8000 lbs 3
Carriages Buggies Gigs Sulkies and Trotting Wagons loose C L min wt 24000 lbs 3 Carriages Buggies Gigs Sulkies and Trotting Wagons set up L C
L actual weight 4 T 1 Carriages Buggies Gigs Sulkies and Trotting
4
4
3 T 1
Wagons L C L K D boxed or well crated value not to exceed 15 per 100 lbs in case of total loss for which carrier is liable Carriages Buggies Gigs Sulkies and Trotting Wagons L C L K D boxed or well crated value over 15 per 100 lbs in case of total loss for which carrier is liable
Carriage and Buggy Shafts and Poles fully wrapped shipped separate from vehicles Carriages Childrens K D in boxes bndls or
crates
Carriages Childrens set
up boxed
Carriages Childrens set
up unboxed
Cars Railroad see Cars Carts Hand K D and packed or bundled Dump Carts with wheels
detached
Hearses K D boxed or
crated
Hearses set up see Stage Coaches under Vehicles
Oil Tank Wagons S U L C L min wt 4000
lbs
Same tongues wheels poles or shafts detached L C L
Same C L min wt
20000 lbs
Road Village or Pleasure Carts see Carriages etc
Stage Coaches Omnibuses and Hearses actual wt
Vehicle Material Boxes Skeins and Springs see Special Iron List Vehicle Material Buggy Bodies Bows Doubletrees Felloes Hubbs Rims Seats Shafts
CR
D 1
D1
D1
1
D 1 3 T 1
3
4
n
D 1
2
5
4 T 1
OR
H
3 T 1
164
CR
Singletrees Spokes Whiffletrees and Wheels
N O S viz
Finished L C L 2
Same C L 5
In the white L C L 4
Same C L 6
In the rough L C L 5
Same G L 6
Dashes boxed or crated 2
Bicycles Tricycles or Velocipedes viz
Crated or boxed not taken otherwise L C
L 11
Same C L min wt
10000 lbs 3
Velocipedes Railroad 1
Wagons and Cajrts C
L min wt 24000 lbs 4
Wagons and Carts
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
Wagions Childrens same as Childrens Carriages
Wagons Street Sprinklers H1
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 Desiccated 4
Vegetables in cans see Fruit In cans
Vegetables N O S prepaid or guaranteed
Veneering boxed 1
Same not boxed D1
Ventilators sheet metal L
C L D 1
Same C L min wt
10000 lbs 1
Vermicelli 1 I
R 11 CR
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 D 1
Wagon Jacks see Jackscrews etc
Wainscoting see Wood work
Wall Plaster See Plaster
Washers in kegs of 6
Washers in other packages 2
Washing Compounds see Soap
Waste and Paper Stock N
O S in bales with privilege to carrier of comli pressing value limited to
2c per pound R
Same otherwise packed 6 Waste Manufactured String for packing wiping etc in bales or
bags 5
Waste Paper etc see Paper Stock
Water Ammonia in iron
Is casks 5
Water Ammonia in glass packed 3
Water Coolers and Filters See Coolers
Waters Aerated Carbonated and Mineral Waters 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
Noth Ale Beer and Water o Packages empty returned
consisting of barrels halfbarrels and kegs and bottles in wooden wire or sheet metal cases barrels or casks in less car loads 6th class carloads minimum weight 10000 lbs onehalf of the rate applying on same when filled and moving in reverse direction
165
CR OR j CR I
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 Agri
cultural Implements
Wheels and Axles Car see Special Iron List
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 L
Willow Reeds in bales 2
Willow Ware D1
Willow Ware Baskets
nested 1
Window Casings see Woodwork
Window Shades 1
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 see Special Iron List
Wire Binding 3 5
Wire copper and insulated
L C L 2
Same C L 4
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 Seives 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 3T1
Wire Work Woven Table
Toilet and Household Articles boxed or crated D 1
Wire Fencing see Fencing Wire
Wire Netting see Netting Wire
Wood Green or Dry C L of 10 cords to be billed
by cord See Rule 12 P Wood Ashes see Ashes
4 Wooden Butter Dishes
packed L C L 3
Wooden Butter Dishes C
L min wt 24000 lbs 6
Wooden Covers see Covers
Wooden Ware N O S 1
Wooden Ware does not include Willow Ware
which is D 1
Wood Liquor in barrels 3
Wood Plates L C L 3
Wood Plates C L min
wt 24000 lbs 6
Wood Hard in the rough shaped for manufacturing L C L 6
Same C L see Handles
Woodwork viz Railing Balusters Wainscoting
Stairwork Paneling Win
dow Casings all of oak or other hardwoods for inside finish of houses in bundles crates or boxes
L C L 4
Same C L 6
Woolen and Cotton Goods mixed without percentage 5
Wool washed in bags not
pressed 2
Wool unwashed in bags
not pressed 4
Wool washed in bags pressed in bales 3
OR
D 1 1
a
166
CR OR CR
Wool unwashed pressed in bags or bales not to exceed in size 2i ft x 3i ft x 6 ft nor weighing less than 200 lbs 6
Woolen Goods without percentage
Wool Mineral in bags 1
Wringers Clothes packed 2
Same not packed D1
Y
Yachts see Boats
Yarn Cotton same as Domestics
Yarn Jute or Sisal tarred
for laths etc 6
Yarns N O S 3
Yeast in wood 3
Yeast in boxes 3
Yokes 1
Z
Zinc in sheets or rolls 4
Zinc in blocks or pigs L
C L 5
Same C L 6
Zinc Cornices see Cornices
Zinc Oxide 5
Zinc Paints see Paints
o R
167
DISTANCE TABLES
Indicates NonAgency Stations
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
Camps Spur 989
Red Oak 1233
Johnsons Spur 1403
Mallorys 1436
Stonewall 1573
Union City 1707
Fairburn 1883
Wrights I 2144
Palmetto 2519
McCollum 3028
Madras 3316
McBrides 3723
Newnan 3881
Newnan Junction 3909
Pearl Springs 4135
Moreland 4518
St Charles 4651
Grantville 5097
Trimble 5526
Hogansville 5769
Louise 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
Leieht 171
Blounts 194
Thallman 211
Lott 240
Browntown 270
Fendig 312
Needmore 347
Hortense 380
Zirkle 435
Offerman 487
Bristol 555
Coffee 628
Mill City 680
Rockingham 702
Alma 734
Guysie 772
Sessoms 809
Nieolls 842
Chatterton 900
Douglas 973
Upton 1001
Bushnell 1049
Ambrose 1089
Wray 1120
Osierfield 1169
Ashton 1208
Fitzgerald 1260
Abba 1334
Arp 1354
Rebecca 1416
Double Run1471
Hatley 1516
Musselwhite 1580
Cordele 1629
Ross 1670
Vienna 1725
Lilly 1786
Byromville 1834
Dooling 1859
Fields 1909
Montezuma 1941
Oglethorpe 1957
Bartlett 2009
Ideal 2057
Southland 2088
Rupert 2131
Charing 2181
Mauk 2224
Norwich 2254
Junction City 2304
Paschal 2310
Talbotton 2382
Berry 2431
Woodland 2483
Chalybeate Springs 2543
Manchester 2560
Bullochville 2614
Warm Springs 2620
Durand 2676
Stovall 2732
Knott 2802
LaGrange 2868
Pyne 2931
Abbottsford 2970
GeorgiaAlabama
Line 2998
Standing Rock
Ala 3018
Roanoke Ala3111
Birmingham Ala 4538
168
ATLANTA BIRMINGHAM ATLANTIC RAILROADContinued
MANCHESTER TO ATLANTA
Manchester 00 Haralson 289 Union City 561
Prsico 48 Senoia 344 Ben Hill 648
Woodbury 13 Aberdeen 428 Stratford 705
Imlac 142 Tyrone 473 Bell wood Yard 757
Gay 192 Fife 530 Atlanta 782
Alvaton 246
WAYCROSS TO SESSOMS
Sessoms 00 Bolen 110 Waltertown 195
Murray 41 Haygood 141 Way cross 260
Beach 70
FITZGERALD TO THOMASVILLE
Fitzgerald 00 Kell 296 Corbetts 551
Fletcher 58 Iniss 322 Sunset 579
Mystic 92 Omega 352 Murphy 613
Pinetta 115 Crosland 389 Coolidge 660
Hansen 154 Norman Park 425 Merrillville 703
Harding 171 Barbers 466 Touraine 719
Brighton 202 Kingwood 501 Dillon 740
Tifton 256 Moultrie 524 Thomasville 808
ATLANTA STONE MOUNTAIN LITHONIA RAILWAY
Lithonia 00 Lithonia 00
Pine Mountain 20 Quarries 20
ATLANTIC COAST LINE RAILROAD
SAVANNAH TO SOUTH CAROLINA STATE LINE
Savannah 000 Montieth 1313 0 Learys 1522
Big Stick Lbr Co 1089 Forest Lumber Co 1465
SAVANNAH TO FLORIDA STATE LINE
Savannah 000 J M Cox Siding 4825 J J Harrison
Dale 658 Doctortown 5269 Siding 8236
Walkers Siding 1000 Jesup 5719 Nahunta 8561
Millers 1018 Leake 6099 Hickox 8820
Burroughs 1175 Bloodworth Breen 6381 Hickox Lumber
Ways 1594 Broadhurst 6687 Company 8959
Baileys Siding 2148 Fairfield 6978 Shea 8999
Fleming 2420 McKinnon Bros Bachelot 9324
A Marts Siding 2700 Siding 6987 N G Wade Siding 9509
W alls Siding 2810 McKinnon Bros Winokur 9745
McIntosh 3134 Siding 7157 N G Wade Siding 10179
Allenhurst 3628 McKinnon 7237 Newell 10420
Walthourville 3864 Hortense 7625 Burch 10799
Aimar 4180 G S Holmes Siding 7897 Folkston 11164
Ludowici 4627 Baybon 8174
169
ATLANTIC COAST LINE RAILROADContinued
JESUP TO ALABAMA STATE LINE
Jesup 000 Stockton 8177 Ham Co 15405
Slover 496 Naylor 8695 T D Lewis 15520
C S Meadows Jr 982 Delmar 9076 Cairo 15736
Screven 1153 Bandy 9256 W D Lewis Siding 15955
Satilla 1611 Indianola 9397 Maxwell Brick Co 16341
Offerman 1926 Staten Davis Co 9595 Whigham 16432
Patterson 2137 Dashers Siding 9774 Climax 17079
Owen 2596 Companys Siding 9802 Autrey Chapman 17392
Blackshear 2975 Valdosta 10002 Farrar Lumber Co 17749
Homestead 3224 Gra Fertz Oil Co 10010 McCaskills Spur 17788
Deans Still 3324 S M Stanley 10110 Bathesay Lumber
HiltonDodge Lum Smith s Siding 10380 Co 17788
ber Co 3381 Kinderlou 10569 Bainbridge 17928
Bonnyman 3602 Ousley 10941 West Bainbridge 18061
Finn Westberry 3612 Blue Springs Lum Oglesby Lmbr Co 18396
Way cross 3969 ber Co 11290 Hanover 18561
Buskin 4576 Quitman 11703 Smith s Spur 18406
Max Ehrlicks Sdg 4570 Hodges Ives 12166 Cyrene 18765
Elwood 4847 Dixie 12389 Hodges Powell 18784
Grlenmore 5109 Faucet Briley 12588 Brinson 19053
Manor 5408 Pidcock 12667 Stewart Lumber
Argyle 5902 Molloys Still 13044 Co 19121
Travisville 6080 Kirby Planing Mill 13061 Caldwell Siding 194113
Brinson Patterson 6275 Boston 13120 Iron City 19562
Homerville 6525 Monroe Siding 13490 Sharp Hagen 19679
Lastinger Co 6680 Newark 13820 Lela 19820
Cutting 6905 Neils Siding 14110 Donaldsonville 20020
Dupont 7350 Thomasville 14340 Jakin 20630
Dupont Junction 7426 Pine Park 15075 Jakin Brick Yard 20886
E Y Frys Siding 7640 J B Dobson 15372 Saffold 21076
Jones Lumber Co 7940 Beverly McCollum 15382
WAYCROSS TO FOLKSTON
Way cross 000 Braganza 689 Mizells Spur 2718
Bacon 288 M Griffon 1073 G W Stokes Co 2727
J B Lewis 383 Fort Mudge 1497 Uptonville 2816
Astoria 615 Stone Siding 1786 Homeland 3216
S Y Jeffords Sid Bace Pond 2034 Folkston 3439
ing 615 Conners Mill 2680
THOMASVILLE TO ALBANY
Thomasville 000 Ochloehnee 1152 Flint 3817
Companys Siding 400 Hansel 1409 Baconton 4242
Thomasville Variety Meigs 1877 DeWitt 4574
Works 500 Pelham 2401 Hardaway 4960
Pasco 607 Leland 2752 Albany Junction 5674
Williams 719 Camilla 3218 Albany 5822
Bobert Dekle 1000
MONTICELLO BRANCH
Thomasville 000 Cherokee Saw Mill Hicks Siding 593
Acosta 262 Co 323 Companys Siding 613
Metcalf 1003
CLIMAX TO RECOVERY
Climax 000 Stricklands 489 Clardys Siding 1369
Otiska 196 Eleanors Spur 657 Faceville 1533
Dickerson s Spur s 319 Fowltown 858 Recovery 2157
170
Otiska Mise Spur
OTISKA TO AMSTERDAM
000 Wataga 900 Amsterdam
247
WAYCROSS TO BRUNSWICK
Way cross
Colgans Still McQuaigs biding Sehlaterville Rawles Still
Hoboken
Kawles Beatons
Mills
Blackshear Mfg Co
000 Morgans Siding
700 Nahunta
800 Lulaton
1055 Atkinson
1200 Satilla Lumber Co
1473 J P Davenports
Siding
1673 Waynesville
1701
2100 Bladen
2355 Jamaica
2836 Townsend
3180 Anguilla
3180 Pyles Marsh
Southern Junction
3465 Dock Junction
3530 Brunswick
WAYCROSS TO ALBANY
Way cross
Deenwood
Waresboro
Hasty
Fairfax
Millwood
McDonald
Stewarts Siding Dougherty McKey
Go
Pearson
Kirkland
Leliaton
Pinebloom
000
200
800
1400
1635
1926
2327 2530
2927 3075 3415 3953 4123
Willacoochee Gress Mfg Co
Compan ys Siding
Jones Pait Siding Alapaha
F O Baker
Hartsease
Enigma
Brookfield
Solumco
Vanceville
Tifton
Baker Ogden Siding
4240 4466
4740
5040
5329
5630
5730 5992
6360
6560
6760 7122
7780
Hillsdale
Ty Ty
Sumner
Poulan
Sylvester
Companys Siding
Willingham
Pinsons Siding
Aeree
Companys Siding
Johnsons Siding
Darrow
Albany Junction
Albany
DUPONT TO FLORIDA STATE LINE
Alexanderville Tarver
Barnes Still
Dupont 000 Withers 962
Dupont Junction 076 Haylow 1170
Coastine 516
1030
4076
4369
4500
4614 4910 5255
5514
5815
7820
7898
8606
8935
9241
9438
9673
9873 10224 10571 10584 10929 11048 11197
1740
2031
2419
ATLANTIC WAYCROSS NORTHERN RAILROAD
Kingsland 000
Seotchville 600
Woodville 800
Arnow 850
St Marys 1100
AUGUSTA SOUTHERN RAILROAD
Augusta 090
Neeo 430
Adam 480
Adventure 620
Gracewood 790
DeBruce 1000
Melton 1240
Hephzibah 1440
Moore s 1490
Elwood 1620
Edie 1780
Blythe 2110
Keysville 2590
Padgetts 2790
Noah 2940
Matthews 3080
Wrens 3530
Spread 4040
Avera 4480
Bock Comfort 4800
Gibson 5000
Hodges 5220
Beall Springs 5450
Mitchell 5860
Halley
Agricola Chalker
Floyd Creek Amerson Marvin
War then Gilmore Slade
Silas
Sandersville
Tennille
5950 6100
6350
6500
6720
6800
7020
7100
7300
7680
7980 8293
171
BLAKELY SOUTHERN RAILROAD
Blakely 000 Callafield 1000 Warrens Switch 1700
McLendon 600 Sheffield 1400 Jakin 2200
Bowdon Junction 000 Earnest 160 BOWDON RAILWAY Mt Zion 310 Burwell 710 Jones ville Bowdon 960 1200
BRINSON RAILWAY
Savannah 000 Ardmore 358 Baseom 648
Pipemaker 52 Kildare 387 Hilltonia 674
Godleys 89 Leola 412 Millhaven 716
Keller 107 Newington 436 75 4
Coldbrook 146 Shepards 476 Sardis 774
Blandford 177 Hunters 489 Bill Davis 820
Springfield 246 Whitehall 509 Alexander 854
Bethel 286 Kitson 536 OId Church 900
Lorenzo 307 Sylvania 574 Waynesboro 960
Shawnee 339 Lewis 621
CENTRAL OF GEORGIA RAILWAY
SAVANNAH TO ATLANTA
Savannah 00 Herndon 901 Smarr s 2122
Central Junction 34 Midville 963 Forsyth 2172
Clifton 47 Gertrude 1004 Colliers 2230
Pooler 82 Wadley 1069 Goggins 2286
Bloomingdale 123 Bartow 1113 Barnesville 2333
Meldrim 170 Almira 1160 Milner 2398
Eden 193 Davisboro 1222 Orchard Hill 2452
Marlow 261 Sun Hill 1301 Griffin 2513
Pineora 275 Tennille 1352 Experiment 2527
Guyton 303 Oconee 1464 Vineyard 2540
Tusculum 351 Beech Hill 1506 Pomona 2565
Egypt 404 Toomsboro 1549 Sunnyside 2583
Oliver 459 McIntyre 1617 Hampton 2617
Halcyondale 500 Gordon 1706 Loveioy 2666
Cameron 546 Lewiston 1749 Orrs 2708
Dover 574 Griswold 1815 Jonesboro 2731
Ogeechee 615 M A Junction 1867 Morrow 2776
Rocky Ford 664 Macon 1908 Forest Park 2813
Scarboro 707 Macon Junction 1917 Hapeville 2855
Parramore Hill 742 Vineville 1943 East Point 2881
Millen 788 Rivoli 1986 McPherson 2906
Cushingville Rogers 830 Loraine 868 Bolingbroke 2031 2060 Atlanta 2945
MILLEN TO AUGUSTA
Millen 00 Idlewood 145 Millford 408
Lawton 50 Waynesboro 205 Allen s 4 9 8
Perkins 70 Greens Cut 270 Augusta 535
Munnerlyn 105 McBean 328
172
CENTRAL OF GEORGIA RAILWAYContinued
Dover 00
Olito 51
Statesboro 99
Jimps 154
Register 187
Pulaski 283
Parish 252
DOVER TO BREWTON
Metter 294
Canoe 344
Stillmore 387
Kitchens 429
Lexsy 442
Wesley 464
Nunez 475
Covena 534
Norristown 566
Adrian 635
Scott 685
Brewton 769
GRIFFIN TO CHATTANOOGA
Griffin 00
Experiment 14
Esmond 45
Milton 80
Vaughn 85
Brooks 128
Chestlenhurst 159
Senoia 192
Turin 242
Sharpsboro 259
Raymond 299
Newnan 360
East Newnan 337
A W P Crossing 356
Sargeants 417
Whitesburg 470
Banning 484
Clem 542
Carrollton 598
Mandeville 671
Bowden Junction 681
Bremen 728
Buchanan 805
Felton 879
Dugdown 900
Featherstone 920
Youngs 958
Cedartown 1012
Lake 1061
Caldwell 1089
Reeseburg 1110
Chambers 1141
Silver Creek 1148
Lindale 1159
Rome 1203
West Rome 1222
Morrisons 1255
Berryhill 1270
Buchhalter 1298
Lavender 1310
Sprite 1357
Holland 1400
Talliaferro 1439
Lyerly 1458
Berryton 1495
Summerville 1528
Trion 1573
Wilsons 1633
Martindale 1642
Guild 1666
LaFayette 1708
Warrens 1755
Noble 1766
Pigeon Mountain 1783
Rock Springs1795
Chickamauga 1845
Lytle 1878
Mission Ridge 1899
Rossville 1933
Ratliff 1951
Shops 1973
Chattanooga 1979
CHICKAMAUGA TO DURHAM
Chickamauga 00 Wests 60 Garys Camp
Harps 30 Lula Lake 100 Durham
Chenchat 50 Hinkle s 120
MACON TO COLUMBIA
oo Montezuma 489 Walker
Wise 40 Oglethorpe 505 Dueker
Rutland 67 Greens Mill 546 Holts
Walden 93 Andersonville 599 Leary
Echeconnee 120 Bagley 665 Williamsburg
17 0 Americas 703 Arlington
Powersville 211 Maddox 761 Bryant
Deitzens Fort Valley 233 288 798 Peru
Smithville 830 Blakely
Masseys Lane 340 Adams 887 Hilton
Marshallville 363 Leesburg 957 State Line near
Winchester 390 Forrester 1015 Columbia Ala
Barron s Lane 437 Albany 1065
130
173
1169
1195
1248
1286
1339
1416 1484
1508
1546
1647
1669
LYERLY TO DEWEY
00 Alabama State Line 70
Lyerly
173
CENTRAL OF GEORGIA RAILWAYContinued
Macon Wise Rutland Walden Echeconnee Byron Powersville Deitzens
Cuthbert Cuthbert Jctn Coleman
Smithville Bronwood Dawson Graves
Macon
M A Junction Sand Pit
Van Buren
Morton
Gray
Bradleys
Wayside
Bound Oak
Gordon
Ivey
Stevens Pottery
Carling
Milledgeville Meriwether Dennis
Fort Valley
Americus Dellerfox LaCrosse Ellaville Putnam
Doyles
Buena Vista
MACON TO COLUMBUS
00 Fort Valley 288 Favors 74 0
40 Everetts 360 Juniper 74 1
67 Reynolds 430 Box Springs 776
93 Butler 504 TTpatni 82 5
i2o Tangent 550 Rehatulga 90 8
170 Howard 596 Muscogee 97 5
211 Paschal 649 Columbus 998
233 Geneva 704
CUTHBERT JUNCTION TO FORT GAINES
00 Jones 150 Killen 20 0
20 Pecan 170 Port raines 99 0
100
SMITHVILLE TO GEORGETOWN
00 Shellman 245 Morris 455
82 Cuthbert 350 Hatcher 500
143 Junction 370 Georgetown 575
180 Springvale 420
MACON TO ATHENS
00 Hillsboro 338 Madison 726
45 Adgateville 376 Apalachee 819
67 Minneta 425 Farmington 889
72 Monticello 453 Bishop 920
156 Machen 532 Watkinsville 957
177 Shady Dale 540 Sidney 978
209 Godfrey 610 Whitehall 1008
245 Waring 662 Athens 1052
280
GORDON TO PORTERDALE
00 Meda 343 Broughton 645
38 Eatonton 379 Newbern 670
81 Williard 468 Mansfield 695
153 Athon 511 Hayston 715
169 Aikenton 526 Starrsville 752
247 Machen 558 Covington 807
293 Kelley 598 Railroad Street 810
Farrar 613 Porterdale 863
FORT VALLEY TO PERRY
00 Myrtle 60 Perry 124
00 AMERICUS TO Elmview COLUMBUS 320 Halloca 485
50 Kinchefoonee 350 Sizemore 510
90 Zelobee 375 Oehillee 533
148 Glen Alta 393 Belief onte 580
223 Ida Vesper 427 Muscogee 624
250 Christopher 448 Columbus 645
290 Cuseta 460
174
CENTRAL OF GEORGIA RAILWAYContinued
Columbus
Nankipooh
Fortson
Hines Crossing
MObley
Cataula
Kingsboro
00
74
110
130
150 162 202
COLUMBUS TO RAYMON
Hamilton 241
Tip Top 276
Chipley 328
Meriwether W S
Springs 370
Durand 400
Harris 451
Greenville
Allie
Primrose Luthersville Bexton Raymond
495
549
585 632 671
729
Barnesville BARNESVILLE TO THOMASTON 00 Fambros 60 The Rock
Wilkinsons 1 30 Topeka Junction 65 Thomaston
Middlebrooks 50 SAVANNAH TO TYBEE
PASSENGERClass E Four Cents per Mile
FREIGHTSee table below
BETWEEN SAVANNAH AND ANY STATION
Pee 100 Lbs
50
45
40
30
25
20
A
20
20
15
D
12
20
Per
Bbl
25
Per 100 Lbs
Per
Ton
H
K
10
M
Pee Cab Load
N
2000
2000
Per
100
Lbs
R
Per Ton 2000 Lbs
o3 O
io
a
sS
1000
75
85
Savannah 00
St Augustine 50
McQueens 90
Lazaretto 130
Estill 140 Atlantic Club 168
Fort Screven 157 Hotel Tybee 173
Point T 163 South End 177
Post Office 163
CHARLESTON WESTERN CAROLINA RAILWAY
Augusta 000 Martinez Sneads
Bon Air 677 Evans 119U
FITZGERALD OCILLA BROXTON RAILROAD
Fitzgerald Osierfield 00 Thurman 9 10 TToTton 1130 Jowers 1490 Broxton
Hokesboro 1720
FLINT RIVER NORTHEASTERN RAILROAD
Doerun Ticknor Taylors Smiths 000 Terrace 100 Hays Siding 200 Sale City 300 Akridge Laneys 533 Hinsonton 696 Mapleton 1 910 Rogersville 1142 Pelham 1261
Thomasviiie Cherokee
FLORIDA CENTRAL RAILROAD
000 Beverly 490 Hammond
150 Myrtlewood 620 Roddenbery
1429
1970
2420
1470
1735
2012
2403
1002
1303
175
FLOVILLA INDIAN SPRINGS RAILWAY
Flovilla 00 Indian Springs 262
GAINESVILLE MIDLAND RAILWAY
Gainesville 000
Candler 681
Klondike 814
Belmont 933
Talmo 1221
Belmont 000
Braseltons 700
Hoschton 839
Sells 1200
Pendergrass 1507
Jefferson 2234
Arcade 2564
Bed Stone 2932
MONROE BRANCH
Mulberry 1315
Winder 1728
Bethlehem 2192
Clarksboro 3085
Attica 3307
Oconee Heights 3704
Athens 4132
Campton 2639
Walker Park 2919
Monroe 3200
Augusta Wheeless Belair Grovetown Forrest Berzelia Campania Harlem Saw Dust Dearing Bonesville Thomson Mesena Camak
Camak Warrenton Mayfield
Coleman Culverton
Granite Hill Sparta
Union Point Woodville Bairdstown Maxeys
Barnett
Sharon
Social Circle
GEORGIA RAILROAD
AUGUSTA TO ATLANTA
000 Norwood 5059 Aleovy 12475
490 53 M P 5300 Hazlebrand 12701
989 Barnett 5798 Covington 12993
1515 Crawfordville 6446 Almon 13318
1614 Robinson 7048 Conyers 14042
2074 Union Point 7612 Lithonia 14646
2315 Greensboro 8321 Redan 15029
2462 Carey 8934 Stone Mountain 15526
2576 Swords 9180 Clarkston 16033
2892 Buckhead 9566 Scottdale 16250
3253 Madison 10330 Decatur 16480
3738 Dorsey 10786 Clifton 16725
4306 Rutledge 11222 Atlanta i 17100
4694 Social Circle 11936
MACON TO CAMAK
000 Glen Ford 2820 Browns 5400
375 Devereux 3225 Haddocks 5810
1275 Carrs 3575 James 6425
1728 Oconee Siding 4325 Roberts 6890
1950 Milledgeville 4530 C R R Junction 7400
2130 State Farm 4775 Macon 7800
2380
ATHENS BRANCH
000 Stephens 1554 Dunlap 3020
471 Hutchings 1900 Wintersville 3198
646 Crawford 2202 Athens 3900
1245 Arnoldsville 2710
WASHINGTON BRANCH
000 Hillman 662 Little River 1140
384 Ficklin 940 Washington 1720
MONROE BRANCH
000 Gresham 510 Monroe 1010
GEORGIA FLORIDA RAILWAY
AUGUSTA TO MADISON FLA
Augusta Keysville Allene St Clair Gough Vidette Rosier McGruder Lawsons Crossing
Midville
Stevens Crossing Summertown
Blun
Modoe
Swainsboro 723
Wesley 797
Lombard 841
Colespur 894
Jet Millen Branch 918
Normantown 933
Vldalia 1006
Petros 1065
Sharpeville 1091
Alston JLJU
Uvalda 1153
Charlotteville 1172
Orico 1218
Hazlehurst 1288
Roper 1350
Goldsmith 1362
Brooker 1386
Denton 1409
Lehigh 1439
Garrant 1487
Huffer 1538
Jct Broxton Branch 1582
Douglas 1595
Vickers 1648
St Ilia 1670
Mora 3693
0Berry 1718
Towanda 1750
Willocoochee 1768 Bannockburn 1814 Crenshaw 1846
Weber 1872
Whites 1897
Roxie 1910
Delta 1929
Nashville 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 Fla 2398
Hanson Fla 2430
Calhoun 2462
Madison 2497
00
259
279
323
365
405 447
486 510
557 592
614
649
679
Normantown 00
Jet Millen Branch 13
Penhoopee 21
Oak Park 53
Ohoopee Park 76
Kenfield 95
Douglas 00
Jet Broxton Branch 13
Blystone v 25
Lotts 54
Nashville 00
Cottle 45
Massee 70
MILLEN BRANCH Stillmore 137
Wade 206
Graymont 239
Summit 250
Garfield 307
BROXTON BRANCH
Broxton 86
Clyatts 118
Pridgen 140
SPARKS BRANCH
Whittles 95
Sparks 122
Adel 144
Ellenton 220
Thrift 350
Butts 378
Emmalane 408
Harmony Jet 420
Millen 454
Sapps Still 155
McLeans 174
Barrows Bluff 202
Pineboro 270
Kingwood 320
Moultrie 342
GEORGIA COAST PIEDMONT RAILROAD
Lower Bluff Dock 00
Darien 17
Ridgeville 42
Ridge 47
Inwood 58
Meridian 84
Hudson 93
Valona 107
Oak Hill 119
Crescent 129
Eulonia 172
Darien Junction 229
Tibet 309
Goosepond 345
Brewer 370
Ludowici 400
Hilton Junction 433
Wefanie 452
Roderick 474
Donald 499
Beards Creek 545
Blocker 557
Alton 561
Glennville 590
Kicklighter 608
Lynn 622
Purvis 642
Bradleys 660
Tootle 686
Hughland 702
Reidsville 746
Collins 815
177
GEORGIA FLORIDA ALABAMA RAILWAY
Richland 000 Moye 3956 Eldorendo 8234
477 141 Mile Post 4231 99 Mile Post 8431
Kimbrough 667 Edison 4384 98 Mile Post 8541
174 Mile Post 967 Turman 4830 Lynn 8714
Barges 1137 134 Mile Post 4931 Whites Mill 8934
Troutman 1283 Arlington 5377 Douville 8984
Gore 1590 Rowena 5790 West Bainbridge 9224
Benevolence 1768 124 Mile Post 5931 Bainbridge 9327
Wades 2014 Damascus 6366 Thomason 9485
White House 2314 Warrens Mill 6632 Bower 10115
Cuthbert 2749 Corea 6844 Attapulgus 10553
Barney 3155 Colquitt 7249 Laingkat 10766
Randolph 3551 Nicholasville 7607 Florida State Line 10996
Carnegie 3742 Babcock 7767 Tallahassee 13363
GEORGIA GRANITE RAILROAD
Lithonia 00 Rock Chapel Mtn 40
GEORGIA NORTHERN RAILWAY
Boston 000
Spengler 272
Oaklawn 541
Barwick 843
Hollis 1056
Pavo 1300
Shelley 1562
Berges 1664
Ione 1700
Autreyville 2040
Mauzy 2343
Cooper 2500
Corbetts 2600
Moultrie 2858
Blasingame 3293
Schley 3363
Jacksons 3646
Sigsbeo 3700
Doerun 4151
Ticknor 4300
Pritchett 4566
Bridgeboro 4839
Gantt 5138
Willie 5400
Nelms 5565
Bamsey 5700
Pecan City 5900
Strom 6122
Darrow 6400
Albany 6744
GEORGIA SOUTHERN FLORIDA RAILWAY
Macon 000
Macon Yard 127
Sofkee 786
Avondale 1061
Wellston 1598
Bonaire 2129
Kathleen 2484
Tivola 2898
Grovania 3491
Elko 3839
Unadilla 4391
Pinehurst 4879
Findlay 5168
Vienna 5615
Riehwood 5945
Cordele 6451
Wenona 6918
Arabi 7444
Sibley 7754
Dakota r 7922
Worth 8146
Ashburn 8477
Sycamore 8737
Tnaha 9161
fCycloneta 9525
Chula 9813
Tifton 10521
fEldorado 11191
Lenox 11806
fOsgood 12038
Sparks 12554
Adel 12769
Cecil 13422
Hahira 13814
ineola 14426
Valdosta 15163
Blanton 16118
Howell 16497
Mayday 16759
Haylow 17373
Thelma 17867
Headlight 18558
Colon 19234
Fargo 19842
Council 20436
Ewing 20568
Eddy Fla 21617
Baxter Fla 22263
Moniac Ga 22316
St George Ga 23480
Kent Fla 23903
Crawford 24412
Plummer 25039
Kingsgrove 25425
Hoyt 25663
Grand Crossing 25817 Jacksonville Fla 2617
178
GEORGIA SOUTHERN FLORIDA RAILWAYContinued
B DIVISION
Macon 000 Dasher 15756 Melrose 16720
Valdosta 15163 Lake Park 16343 Palatka Fla 28600
GEORGIA SOUTHWESTERN GULF RAILROAD
Cordele 000 Warwick 1273 Walters 2466
Milldale 628 Oakfield 1741 Beloit 2752
Raines 743 Starr Farm 1919 Smiths 2952
Williams 891 Philema 2058 Albany 3500
GREENE COUNTY RAILROAD
Apalachee 000 Bostwick 680
Hawkinsyille Tippetts Chancey Wallace Millerville Finleyson Pineview Bartonville Pope City Seminole McCall
GULF LINE RAILWAY
000 Pitts 2530 Terrell 5430
350 Bush 2880 Smiths 5530
535 Double Run 3150 Shingler 5730
720 Davisville 3390 Wordsville 6130
888 Amboy 3650 Sylvester 6230
1210 Worth 4250 Gorday 6730
1360 Ashburn 4530 Alfords 7120
1560 Josella 4880 Parkerville 7230
1830 Hobby 5099 Jenkins Siding 7400
1945 Betts 5130 Corbetts Switch 7630
2320 Holts 5290 Bridgeboro 7730
HARTWELL RAILWAY
Bowersville 000 Air Line 400 Hartwell 1010
IRWINTON RAILWAY
McIntyre 000 Irwinton 370
LAWRENCEVILLE BRANCH RAILROAD
Lawrenceville 000 Huff 590 Suwanee 961
LEXINGTON TERMINAL RAILROAD
Lexington 000 Crawford 358
LOUISVILLE NASHVILLE RAILROAD
BETWEEN MARIETTA AND KNOXVILLE
Marietta 000 Woodstock 1208 Canton
Elizabeth 195 Toonigh 1587 Keithsburg
Oakhurst 373 Holly Springs 1803 Gober
Blackwells 729 Univeter 2005 Bannister
2365
2905
3253
3303
179
LOUISVILLE NASHVILLE RAILROADContinued
BETWEEN MARIETTA AND KNOXVILLEContinued
Ball Ground 3524 Whitestone 5708 Lucius 7691
Nelson 3873 Talona 5994 Blue Ridge 8245
Tate 4148 Ellijay 6711 Curtis 8791
Jasper 4643 Northcutt 7099 Kyle 9229
Westbrook 4872 White Path 7276 Etowah Tenn 14354
Talking Bock 5279 Cherry Log 7530 Knoxville Tenn 20364
Carns Mill 5477
ATLANTA TO KNOXVILLE VIA CARTERSVILLE
Atlanta 000 Fairmount 6807 Eton 96 39
Cartersville 4764 Banger 7259 Crandall 9941
Junta 4898 Oakman 7714 Fairy 10297
W kite 5678 Coniston 8249 Cisco 10539
Bydal 6064 Bamhurst 8692 Etowah Tenn 13650
Bolivar 6371 Chatsworth 9228 Knoxville Tenn 19660
MURPHY BRANCH
Blue Ridge 000 Sweet Gum 1158 Murphy N C 2527
Mineral Bluff 469
CRANDALL BRANCH
Crandall 000 Grassy Mountain 112
ROLUMCO BRANCH
Bannister 000 Rolumco 109
LOUISVILLE WADLEY RAILROAD
Wadley Moxley 000 470 Aldreds 670 Louisville 1000
MACON BIRMINGHAM RAILWAY
Macon 0 Dyas 327 Woodbury 750
Sofkee 80 Culloden 390 Snelsons 801
Skippertons 118 Yates ville 435 Harris 833
Hardys 155 Upson 497 Odessadale 906
Lizella 208 Thomaston 568 Mountville 946
Montpelier 255 Crest 657 Bobertsons 994
Morans 283 Thunder 699 LaGrange 1048
MACON DUBLIN SAVANNAH RAILROAD
Macon 000 Gallemore 2807 Catlin 5966
M N Junction 200 Danville 3174 Minter 6372
Swift Creek 550 Allentown 3346 Rockledge 6869
Dry Branch 977 Montrose 3802 Orland 7040
Atlantic 1111 Haskins 4037 Soperton 7685
Pikes Peak 1290 Dudley 4289 Tarrytown 8140
Fitzpatriek 1597 Shewmake 4577 Kibbee 8457
Ripley 1774 Moore 4876 Vidalia 9283
Jeffersonville 2334 Dublin 5399
180
MILLTOWN AIR LINE RAILWAY
Naylor 00 Carters 30 Milltown 100
Oldtown 50
MILSTEAD RAILWAY
Conyers 00 Millstead 29
OCILLA PINEBLOOM VALDOSTA RAILWAY
Pinebloom 000 Loutbers Still 288 Gaskins Still
Willaehooehee 100 Metts Siding 500 Lax
G F Depot 113
OCILLA SOUTHERN RAILROAD
FITZGERALD TO ALAPAHA
Fitzgerald 000 Henderson Mill 901 Gladys 1981
4 28 Ocilla 1081 Barineau 2121
598 Reason 1211 Lucy Lake 2281
Frank 7 00 Melvin 1381 Alpaha 2671
Mixon 1581
OCILLA TO IRWINVILLE
Ocilla 000 Mystic 599 Irwinville 971
Paulks 339
PELHAM HAVANA RAILROAD
Cairo 00 32 Crawford Renn 63 105 Maxwell Calvary 125 150
REGISTER GLENNVILLE RAILWAY
Register 000 Hagan 1750 Moody 2700
New Hope 215 Claxton 1909 Easterling 2825
Dink 350 Winburn 1868 Coe 3025
6 00 Dean 2300 Birdford 3225
Undine 1123 Jennie 2625 Glennville 3550
Brookland 1350
ROME NORTHERN RAILROAD
Rome 000 Armuchee 931 Storys Mill 1474
West Rome Yard 132 Thomas 1076 Shackelton 1702
Gammon 433 Crystal Springs i 1334 Gore 1877
Brayton 675
SANDERSVILLE RAILROAD
Sandersville 000 Tennille 390
SAVANNAH AUGUSTA NORTHERN RAILWAY
Statesboro Colfax Bland
00 Portal 120 Garfield
50 Aaron 170 Canoochee
90 Miley 200 Stevens Crossing
250
300
390
181
SAVANNAH SOUTHERN RAILWAY
Norden Letford 00 67 Strumbay 97 Willie 126
LETFORD TO SPIERS
Letford 00 Spiers 40
SAVANNAH STATESBORO RAILWAY
Cuyler 000 Hubert 1238 Brooklet 2400
Blitchton 418 Stilson 1615 Grimshaw 2640
Eldora 653 Areola 1940 Pretoria 2834
Olney 853 Truckers 2100 Statesboro 3260
Ivanhoe 1059
SEABOARD AIR LINE RAILWAY
SAVANNAH TO SOUTH CAROLINA LINE
Savannah 000 Bincon 1910 Clyo 3250
Meinhard 1110 Stillwell 2490 Columbia S C 14170
Exley 1580 Berrys 3100
COLUMBUS TO ALBANY
Columbus 000 Richland 3900 Dawson 6550
Esquiline 520 Saville 4400 Sasser 7250
Masseys 800 Kimbroughs 4500 Stevens 7500
Ochillee 1100 Weston 4810 Armena 7700
Hurley 1350 Leveretts 5180 Oakland 7800
Psalmond 1500 Chambliss 5410 Palmyra 8250
Cusseta 1850 Parrott 5640 Vasons No 1 8400
Benfroe 2800 Belmont 6150 Albany 8800
Brooklyn 3220
FITZGERALD BRANCH
Abbeville 000 Bowen s Mill 1240 Whitley 2680
Cortez 410 Queenland 1580 Huff 2800
Browning 570 Lulaville 1760 Ensign s 29 00
Forest en 930 Fitzgerald 2180 Ocilla 3080
Carswell 1060
Atlanta
Howells
Linneville
Deerland
Armour
Mina
Chesire
Calhoun
Wallaces Mill
Goodrich
Belt Junction North Decatur
Montreal
Tucker
Caldwell
Lilbum
ATLANTA TO CALHOUN FALLS S C
000 Luxomni 2520 McLeroy 6880
330 McFauls 2620 South Athens 7100
420 Sweet Water 2720 Athens 7290
560 Glouster 2860 Hull 7920
670 Winns Spur 3130 Colbert 8410
710 Lawrenceville 3450 Comer 8960
800 Dacula 4050 Berkeley 9520
900 Auburn 4510 Deadwyler 98 20
91 Carl 4620 Oglesby 9970
1000 Winder 5160 Ethridge 10290
1110 Bussels 5290 Elberton 10730
1120 New Timothy 5620 Middleton 11310
1530 Houses 5820 Pearl 11620
1800 Statham 5950 Heardmont 11750
2120 Bogart 6350 Calhoun Falls S C 12410
2360 Cleveland 6720
182
SEABOARD AIR LINE RAILWAYContinued
ATLANTA TO BIRMINGHAM
Howells 000 Dallas 2745 Cedartown 5645
Edna 526 Thomas 3353 Akes 6119
Rice 951 Divide 3782 Esom 6590
Floyd 1141 Rockmart 4364 Birmingham Ala
Powder Springs 1712 Rish 4877 18th St 16298
Hiram 2184 Grady 5052
ROCKMART TO CARTERSVILLE
Rockmart 00 Davittes 51 Shelman 150
30 Deatons 58 Browns 160
36 Taylorsville 85 Ladds 187
Portland 50 McGinnis 113 Cartersville 228
Stilesboro 130
LOGANSVILLE LAWRENCEVILLE BRANCH
Lawrenceville 000 Grayson 530 Logansville 1033
SAVANNAH TO FLORI DA LINE
Savannah 000 Jones 3880 Glencoe 7690
Anderson 910 Darien Jctn 4190 Waverly 7980
Burrough 1100 Townsend 4580 White Oak 8360
Ways 1520 Cox 5220 Satilla River 8769
Belfast 1870 Altamaha Sand Pit 5370 Woodbine 8810
Haskell 1950 Altamaha River 5528 Colesburg 9120
Limerick 2380 Everett 5850 Seals 9490
Dorchester 2690 Jenks 6370 Kingsland 9990
Riceboro 3150 Thalman 6590 Jacksonville Fla 13720
Hewitts 3260 Bladen 6940
GEORGIA AND ALABAMA
Savannah 000 Vidalia 7984 Coney 17424
Meldrim 1730 Higgston 8354 Flintside 17900
Cuyler 1983 McGreggor 8734 Cobb 18054
Arden 2178 Ailey 8984 DeSoto 18524
Ellabelle 2394 Mt Vernon 9164 Leslie 18654
Lanier 2700 Oehwalkee 9464 Parkers 18854
Norden 2894 Glenwood 9644 Huntington 19124
Pembroke 3200 Stuckey 10074 Allens 19300
Reka 3527 Alamo 10354 Gatewood 19520
3923 Erick 10724 Americus 19864
Surreneys Mill 3953 Helena 11364 New Point 20330
Palaky 4400 Milan 12394 Salters 20760
Daisy 4471 Horton 12860 Plains 20894
Claxton 4884 Rhine 13264 Wise 21430
Hagan 5064 Abbeville 13904 Preston 21894
Bellville 5306 Kramer 14430 Richland 22704
Manassas 5578 Rochelle 14824 Randalls 23100
Cammings Mill 5620 Pine City 15114 Lumpkin 23584
Collins 6115 Pitts 15334 Louvale 24334
Danton 6345 Seville 15714 Union 24764
Ohoopee 6830 Listonia 16060 Omaha 25454
Lyons 7464 Penia 16314 Montgomery Ala 33760
Staeers 7564 Cordele 16814
183
SHEARWOOD RAILWAY
Brooklet 000 Watersville 450 Denmark 755
Alderman 219 Davis Station 537 Harville 831
SMITHONIA DUNLAP RAILROAD
Dunlap 000 Smithonia 615
SMITHONIA DANIELSVILLE OARNESVILLE RAILROAD
Smithonia 000 Colbert 475
SOUTHERN RAILWAY
ATLANTA TO SOUTH CAROLINA LINE
Atlanta 00 Suwanee 309 Sanitarium 725
Peachtree Eoad 47 Buford 373 Alto 740
Armour 61 Flowery Branch 440 Baldwin 767
Ottley 82 Oakwood 477 Cornelia 781
Gioodwins Crossing 102 Gainesville 534 Naida 787
Crosskeys 109 New Holland 553 Mt Airy 800
Chamblee 136 Hall 586 Ayersville 868
Doraville 149 White Sulphur 593 Currahee 903
Norcross 196 Lula 658 Toccoa 933
Pittman 229 Bellton 667 Deercourt 986
Duluth 255 Yonah 701
ATLANTA TO BRUNSWICK
Atlanta 00 Bullard 1037 Graham 1952
Boseland 30 Adams Park 1077 Pine Grove 1985
Constitution 61 Ettrick 1097 Prentiss 2018
Norton 66 West Lake 1138 Baxley 2050
Henrico 79 Ainslie 1163 208 9
Conley 96 McGriff 1204 Surrency 2145
Ellenwood 128 Coley 1224 Brentwood 2194
Bex 146 Cochran 1264 Odum 2254
Stockbridge 187 Empire 1321 Nesbit 2303
Mahers Quarry 202 Carn 1338 Ellis 2320
Tunis 225 Dubois 1351 Jesup 2350
Flippen 242 Gresston 1367 239 9
McDonough 282 Dempsey 1385 Gardi 2416
Locust Grove 354 W illiams Mill 1441 Bennetts Still 2425
Jenkinsburg 403 Eastman 1450 Pendarvis 2448
Jackson 457 Amoskeag 1466 Burbank 2465
Bibb 474 Godwinsville 1501 Grangerville 2472
Flovilla 507 Chauncey 1546 Akin 2497
Cork 540 Suomi 1561 Mount Pleasant 2518
Berner 597 Cox 1566 Everett 2555
Juliette 642 Haunson 1599 Weinkle 2562
Berry Creek Tank 664 Achord 1604 0 Brien 2568
Polhill 675 Helena 1636 Belle Vista 2580
Dames Ferry 718 McEae 1650 Satterwaite 2598
Popes Ferry 742 Scotland 1700 Zuta 2615
Holton 791 Towns 1750 Walbirg 2632
Virgin 824 Wilcox 1797 Sterling 2656
Macon 874 Lumber City 1818 Southern Junction 2691
Eeid 970 Ocmulgee 1831 Dock Junction 2716
Phillip 985 Hazlehurst 1891 Brunswick 2747
Twiggs 1017 Johnsonville 1942
184
SOUTHERN RAILWAYContinued
ATLANTA TO CHATTANOOGA
00 Long 549 Shannon SI7
Howell 24 Bavenel 561 Pinson 832
Peyton 69 Seney 589 Plainville 865
Chattahoochee 77 Byrd 606 Beeves 907
Oakdale 91 Briee 621 Oostanaula 922
Niekajaek 121 Carey 656 Sugar Valley 976
Mableton 149 Chambers 666 Hill City 1003
Austell 181 Silver Creek 674 Carbondale 1037
Powder Springs 229 Lindale 688 Phelps 1077
Hiram 280 Atlanta Junction 706 Dalton 1127
340 Borne 729 Waring 1179
McPherson 396 North Rome 746 Varnell 1219
Braswell 446 Berwin 777 Cohutta 1261
RnrVlcm art 510 Bauxite 793 Chattanooga 1525
Aragon 543
ATLANTA TO BIRMINGHAM
Atlanta 00 Austell 181 Bremen 529
Howell 24 Lithia Springs 206 Waco 558
Peyton 69 Douglasville 266 West 602
Chattahoochee 77 Winston 319 Tallapoosa 634
Oakdale 91 Villa Bica 379 Hooper 676
Nickajack 121 Temple 451 Birmingham Ala 1668
Mableton 149 Arlington Vineyard 502
ATLANTA TO FORT VALLEY
Atlanta 00 Woolsey 309 Yatesville 703
Sawtell 38 Lowry 344 M B Crossing 733
Cornell 55 Flint Biver 359 Culloden 756
Haasville 88 Vaughn 368 Musella 822
Thames 103 Zetella 399 Boberta 882
Biverdale 146 Williamson 441 Hammett 923
Selina 162 Zebulon 504 Gaillard 940
Hillyer 174 Meansville 549 Allon 959
Helmer 179 Vega 580 Zenith 979
Kenwood 192 Piedmont 603 Lee Pope 987
Fayetteville 239 Topeka Junction 644 Hartleys 987
Harp 269 Best Haven 670 Fort Valley 1046
Ackert 292
COLUMBUS TO McDONOUGH
Columbus 00 Oak Mountain 276 Beidsboro 679
Junction 10 Shiloh 334 Williamson 719
Jordan City 24 Nebula 374 Bover 739
Gentian 59 Warm Springs 419 Griffin 796
Col Quarry Track 96 Baleigh 459 Experiment 806
Flat Bock 102 Woodbury 509 Towalaga 869
Midland 134 Molena 559 Luella 904
Ellerslie 179 Neal 589 Brown 914
Ossahatehie 199 Concord 632 Greenwood 939
Waverly Hall 232 Jolly 669 McDonough 979
185
SOUTHERN RAILWAYContinued
TOCCOAELBERTON
Toccoa 00 Bowersville 240 TTarper 409
Hayes Crossing 47 Canon 264 Hard Cash 421
Eastanollee 72 Boyston 308 Dewy Rose 439
Avalon 111 Felowship Church 343 Goss 464
Martin 121 Vanna 352 Elherton 506
Lavonia 185 Bowman 383
ATHENS BRANCH
Athens 00 Commerce 184 Gillsville 316
Center 73 Wilson s Church 209 Lula 389
Nicholson 115 Maysville 258
CLEVELAND COHUTTA BRANCH
Cleveland Tenn 00 Marble Switch 87 Red Clay 127
Blue Springs 58 Weatherley 109 Cohutta 148
DOCK BRANCH
Dock Junction 00 Turtle River Docks 18
HAWKINSV1LLE BRANCH
Cochran 00 Mobley 53 Hawkinsville 101
ROSWELL BRANCH
Chamblee 00 Dunwoody 53 Roswell 98
Wilson s Mill 25 Morgan Junction 59
ATLANTA BELT LINE
Howell 00 Armour 33 Walkers Mill 47
Thompson 19
ATTALLA AND ROME
North Rome Ga 00 Oreburg 104 Early 183
Huffaker 61 Coosa 132 Gadsden Ala 560
Robinson 90 Mt Hope 160 Attalla Ala 616
BETWEEN ROME AND SELMA
Rome 00 Vanns Valley 131 Ovemont 204
Atlanta Junction 23 Cave Spring 151 Prior 220
Six Mile 53 Lapsley 156 Etna 230
Cunningham 86 Hamilton Spur 176 Eearing 237
Yancey 106 Hematite 195 Selma Ala 1963
VILLA RICA BRANCH
Villa Rica 00 V C C Cos Mines 29
Adel
Greggs Barney Marchman
SOUTH GEORGIA RAILWAY
000 Morven 1575 Quitman 2852
608 Kennedys 1800 Baden 3319
1088 Spain 2184 Empress 3652
1400 Fodie 2281 Florida State Line 3851
186
STATENVILLE RAILWAY
Statenville 000 Mercer 500 Christian 900
Bohannon 400 Touchton 700 Haylow 1400
SYL Sylvania rANIA 00 17 GIRARD RAILROAD COMPANY Zeigler 55 Kolb Gem Wno5iliflF 78 Rockv Ford 98 145
TALBOTTON RAILROAD
Talbotton 000 Paschal 663
TALLULAH FALLS RAILWAY
000 1605 Tiger 3173
Demorest 438 Tallulah Lodge 1977 Clayton 3507
Habersham 602 Tallulah Palls 2090 Mountain City 3811
Clarksville 731 Joy 2565 Babun Gap 4090
Hills 888 Mathis 2667 Dillards 4195
Anandale 1074 Wiley 2821 Franklin N C 5756
Hollywood 1298
TENNESSEE ALABAMA GEORGIA RAILROAD
Chattanooga 00 Cassandra 200 Menlo 462
Cravens 17 Kensington 219 Chesterfield 500
Alton Park 35 Archer 230 Jamestown 552
Woodburn Ga 63 Estelle 241 Blanche 575
Bock Creek 78 Marsh 273 Taff 596
Plintstone 84 Hillsdale 281 Loop 612
Moonsboro 92 Chamberlain 299 Congo 632
Eagle Cliff 99 Bronco 315 Little River 652
Chenchat Jctn 111 Sharpe 332 Benjamin 675
Costello 127 McConnellsville 350 Blue Pond 689
Ironeo 133 Hawkins 357 Bristow 734
High Point 142 Harrisburg 372 Wilsonia 834
Kendrick 154 Teloga 396 Citico 850
Henry 170 Chelsea 427 Gadsden Ala 917
Cooper Heights 183
TIFTON TERMINAI COMPANY
Tifton 00 Willis Switch 80 Waterloo Siding 100
Glovers Switch 40
UNION POINT WHITE PLAINS RAILROAD
000 Caldwells 500 Jarrell s 1213
White Plains Siloam 643 White Plains 1363
Junction 162
VALDOSTA MOULTRIE WESTERN RAILROAD
Valdosta 000 15 Mile Post 1500 Troy 3100
Troupville 600 Morven 1700 Weldon 3300
Killian 791 Scruggs 2287 Evelyn 3625
Cates 900 Joyce 2400 West Broad Hgts 4000
Golden 1075 Simpson r 2500 Moultrie 4150
Tillman 1310 Berlin I 2895
187
WADLEY SOUTHERN RAILWAY
WADLEY TO COLLINS
Wadley 000 Swainsboro 1980 Corsica 4070
Creek Junction 080 Gary 2330 Cobbtown 4550
Greenway 460 McLeod 2650 Jarriels 4950
Blundale 830 Stillmore 3300 Collins 5300
Dellwood 1420 Aline 3970
WADLEY TO ROCKLEDGE
Wadley 000 Kite 1480 Adrian 2740
Creek Junction 080 Hodo 1690 Rixville 2920
Pinetuekey 600 Meeks 2060 Orianna 3300
Ennis 1050 Odomville 2470 Rockledge 3700
Tom 1280
WAYCROSS AND SOUTHERN RAILROAD
Hebardville 000 Lavinia 800 Fredel 1000
Waycross 200
WESTERN ATLANTIC RAILROAD
Atlanta 000 Hugo 3904 Adairsville 6851
Simpson Street 090 Allatoona 4007 McDaniels 7472
Howells 303 Bartow 4222 Calhoun 7806
Bolton 688 Emerson 4301 Resaca 8397
Gilmore 942 Etowah 4593 Tilton 9031
Yinings 1112 Cartersville 4759 Dalton 9910
Smyrna 1498 Junta 4809 Rocky Face 10386
Marietta 2043 Rogers 5089 Tunnell Hill 10684
Elizabeth 2180 Cass t 5236 Catoosa 11300
Noonday 2616 Bests 5541 Ringgold 11453
Kennesaw 2865 Kingston 5868 Graysville 12028
Lena 3203 Cement 6055 Chiekamauga Tenn 12602
Acworth 3460 Hall a 63 64 Chattanooga 13677
ROME BRANCH
Kingston 000 Dykes 11725 Brick Yard 1552
Wooleys 305 Freeman 1237 Rome 1810
Eves 717
WRIGHTSVILLE TENNILLE RAILROAD
Tennille 00 Brewton 278 Alcorns 526
Peacocks 60 Condor 325 Chester 553
Harrison 95 Dublin 362 Yonkers 598
Donovan 133 S W Junction 389 Roddy 620
Wrightsville 165 Harlow 419 Empire 654
Meadow 214 Vincent 440 Baileys Park 692
Lovett 236 Springhaven 467 Hawkinsville 770
Manning 255 Dexter 488
SOUTHWESTERN DIVISION
Southwestern Rentz 104 Plainfield 206
Junction 00 Cadwell 148 Giddens 222
Tingle 50 Batson 173 Sutherland 232
Mayberry 82 Leon 196 Eastman 284
188
Tariff of rates
Limits of free
delivery
Time of filing messages to be shown when desired
TELEGRAPH
Tariff and Rules Governing Telegraph Companies
rule 1
Except as otherwise specially provided no telegraph company shall collect more than twentyfive cents for its service in transmitting any message of ten words 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
Telegraph companies doing business in this State shall in each incorporated town or city in which they maintain offices make delivery to all points within the corporate limits of such town or city of all telegraphic messages to the addressee or to some one authorized to accept the same at his her or their place of business or residence or leave a written notice thereof in case there is no one at such place of business or residence to receipt for the same and such deliveries shall be made without extra charge where the addressees residence or place of business be within or not exceeding one mile from the office of the delivering telegraph company
For the delivery of one or more messages by one messenger at the same time to one addressee beyond the mile limit above referred to telegraph companies may charge no more than fifteen cents for the first mile or fraction thereof beyond such mile limit and ten cents for each subsequent mile or fraction thereof beyond
Wherever practicable such telegraph companies 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
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 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
Rules Tariffs and Classifications
GOVERNING
EXPRESS COMPANIES
190
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 Oveb All Lines Except Those Shown Undeb Special Local Mebchandise Tabiffs
Distance
Rates
per
100 lbs
RATES PER 100 POUNDS
MILES
30
40
20
40
50
60
60
80
70
80 90
100130
160
100
105
115
1201130
180
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 5 26
21 to 40 40 Over 5 not over 10 25 25 25 25 25 30 30 30 30 30 35 35 4 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 15
101 to 130 80 Over 40 not over 50 25 80 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 11
161 to 180 1 00 Over 60 not over 70 25 35 45 50 60 70 75 80 95 100 110 120 130 130
181 to 200 1 05 Over 70 not over 80 30 40 50 60 70 75 90 100 105 115 120 130 135 140
201 to 250 1 15 Over 80 not over 90 30 40 50 60 70 80 90 100 105 115 120 130 135 140
251 to 300 1 20 Over 90 not over 100 30 40 50 60 70 80 90 100 105 115 120 1 130 135 140
200
I
2501300
135
140
3501400 450
Packages weighing five pounds and under shall not company for any distance within this State but when more companies each company may charge 25 cents less
be charged more than 25 cents by one such packages are handled by two or 20 per cent
TARIFF B
Govebning Pebishables 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 r 30 30 35 40 45 50 55 60 65 1 70 1 1 1 75 80 85 90
MILES 49 20 40 60 80 100 130 160 180 200 250 300 350 400 450
Miles Cents Packages Less Than 100 Lbs
1 to 450 30 Over 0 not over 5 25 25 25 25 25 25 25 25 25 25 25 25 25 25
1 to 20 Over 5 not over 10 25 25 25 25 25 25 25 30 30 30 35 40 45 45
21 to 40 30 Over 10 not over 20 25 25 25 25 25 25 30 30 35 35 40 45 45 45
41 to 60 35 Over 20 not over 30 25 25 25 25 25 30 30 35 35 40 45 50 55 55
61 to 80 40 Over 30 not over 40 25 25 25 25 30 SO 35 40 40 45 50 55 60 65
81 to 100 45 Over 40 not over 50 25 25 25 30 30 35 40 40 45 50 55 60 65 70
101 to 130 50 Over 5 not over 60 25 25 30 3L 35 40 40 45 50 55 60 65 70 75
1S1 to 166 55 Over 60 not over 70 25 30 30 35 40 45 45 50 55 60 65 70 75 80
161 to 180 60 Over 70 not over 80 30 30 35 40 45 45 50 55 60 65 70 75 80 85
181 to 200 65 Over 80 not over 90 30 30 35 40 45 50 55 60 65 70 75 80 85 90
201 to 250 70 Over 90 not over 100 30 30 35 40 45 50 55 60 65 70 75 80 85 90
HVC jJUUUUS UU UliUCT SIlHil IlOt Dt
by one company for anv distance within this State but when such or more companies each company may charge 25 cents less 20 per
charged
packages
cent
more than 25 cents are handled by two
191
TARIFF E
Governing the following perishables when carried by Express Companies
Dbessed Poultry Fbesh Fish Fbesh Meat Butteb and Sausages
Rates Per Hundred Pounds and Graduated Rates for Packages Weighing Less than
One Hundred Pounds on above articles
As fixed 6y the Railroad Commission of Georgia
Distance Rates per 100 lbs RATES PER 100 POUNDS 25 25 25 27 30 35 40 43 1 1 45 50 Sts 1 54 58 60 63
MILES o 20 40 60 80 100 130 160 180 200 250 300 350 400 450
Miles 1 Cents Packages Less Than 100 Lbs
1 to 450 1 to 20 21 to 40 41 to 60 61 to 80 81 to 100 101 to 130 131 to 160 161 to 180 181 to 200 201 to 250 25 25 25 27 30 35 40 43 45 50 Over 0 not over 5 Over 5 not over 10 Over 10 not over 20 Over 20 not over 30 Over 30 not over 40 Over 40 not over 50 Over 50 not over 6C Over 60 not over 7C Over 70 not over 8C Over 80 not over 9C Over 90 not over 100 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 1 25 25 25 25 25 25 25 27 27 27 27 25 25 25 25 25 25 30 30 30 30 30 25 25 25 25 25 28 30 33 35 35 35 25 25 25 25 28 30 33 35 40 40 40 25 25 25 27 30 33 35 40 43 43 43 25 25 27 28 30 35 38 40 45 45 45 25 27 28 30 35 38 40 45 50 50 50 25 28 30 33 38 40 45 45 50 50 51 25 30 33 35 40 45 45 50 58 58 58 25 33 35 38 43 45 50 55 60 60 60 1 25 35 35 40 45 50 55 60 63 63 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 I can 1 Per 10gallon can
5 6 cents 9 cents 11 cents
10 7 11 i 14
15 8 12 15
20 9 H 14 i 16 1
25 9 14 i 18
30 9 14 18
35 10 16 20
40 10 16 20
45 11 17 1 21 1
50 11 17 21
55 12 18 1 23 1
60 12 18 23
65 13 20 1 26
70 13 20 1 26
75 14 22 27
80 14 g 22 1 27
85 15 23 29
90 15 I 23 29 1
95 15 i 24 K 30
100 16 1 25 31
125 18 27 33 i
150 20 29 35
175 22 31 37
200 23 32 38
225 24 1 33 39
250 over 25 I 34 1 40 1
Cream or Milk in cans packed in ice same rates per hundred pounds as apply on tengallon cans of milk in above tariff
192
SPECIAL LOCAL MERCHANDISE TARIFES
The following tariffs covering merchandise rates only are applicable over the lines named in said tariffs respectively
Brinson 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 60
27 32 60
32 37 60
37 40 60
40 42 65
42 47 65
47 50 65
50 70 75
70 85 80
85 100 90
Fitzgerald Ocilla Broxton R R
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 60
27 32 60
32 37 60
37 40 60
40 42 65
42 47 65
Flint River Northeastern R R
Over And Not Merchandise
Miles Over Miles Per 100 Lbs
0 15 40
15 25 50
25 40 60
40 50 i 65
50 70 75
70 85 80
85 100 90
Georgia and Florida Railway
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
140 160 110
160 200 125
Georgia Coast Piedmont R R
Over And Not Merchandise
Miles Over Miles Per 100 Lbs
0 7 30
7 12 36
12 17 41
17 20 45
20 22 45
22 27 50
27 32 54
32 37 tf 59
37 40 62
40 47 62
47 52 63
52 57 68
57 60 69
60 62 69
62 67 74
67 77 75
77 80 77
80 82 77
82 87 80
87 92 83
Georgia Southwestern 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 Line Railway
Over And Not Merchandise
Miles Over Miles Per 100 Lbs
0 7 40
7 12 40
12 15 40
15 17 50
193
17 20 22 25 27 32 37 40 on 50 65 70 75
09 50 70 75 75
OK 50 75 80 75
60 80 85 85 80
60 90 80
60 90 95 85
60 95 100 90
65 100 110 90
47 65 Railroad
KO 65 Rome Northern
KA 9 75 Over And Not Merchandise
K7 75 Miles Over Miles Per 100 Lbs
57 60 62 67 70 72 75 0 7 7 40
0 75 12 40
A7 75 12 15 40
n 75 15 17 20 17 50
70 80 20 50
77 80 22 50
0 80
S 80 South Georgia and West Coast
RK 80
87 90 Over Miles 0 Oft Over Miles Per 100 Lbs
98 90 90 45
97 90 40 65
Aft 65 75
Macon 90
ana xiirminguaui xvauwj
Over Miles 0 5 And Not Over Miles 5 Merchandise Per 100 Lbs 30 Over Stillmore Air And Not 1 Line Merchandise Per 100 Lbs 45
10 40 Mi les Over Miles 90
10 15 20 25 30 35 40 5 50 55 60 15 45 1 Aft 60
20 45 20 60 75
25 50 40
30 55 rille Railroad
35 60 W ngntsviiie Tenx
40 60 Over And Not Merchandise Per 100 Lbs 40
45 60 Miles Over Miles
65 0 20 20
5u 70 40 60
55 70 40 60 65
60 65 75 60 80 75
194
RULES
RULE I
b7e tariffS are maximum rates and will apply to all Express Companies omg business within the State of Georgia and will be governed by the rules
XZTTZ f e K EXPreSS CmPanies as far as 8a i are a
plicable to the business done within the State of Georgia and are not in conflict with the rules adopted by the Commission governing Express Com
RULE II
The rates for the transportation of shipments by express service passing over two or more railroads under the same management or control by lease ownership or otherwise shall be based on continuous mileage but when such
or control hT W r re rallr0ls not der the same management yJease ownership or otherwise thirty per cent 30 may be
e o e Express Standard Tariff based on continuous mileage When such shipments are handled by two or more express companies each company may charge its local less ten per cent
However no more than twentyhve cents 25c may be collected as a mini
1PTntn takInS Pm1 rates between any two Pint8 wMn this State both oi which are served by the same express company and no
more than 25 cents may be collected as a maximum charge on any shipment
weighing five pounds and less between any two points within this State both
areWiandleseneTd Sae express iut where such shipments
e handled by two or more express companies each express company may charge 25 cents less 20 per cent
RULE III
xpress 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 one shipper at the same time to one consignee may be charged for on the aggregate weight as above Packages weighing less than 10 pounds each shipped as in the foregoing section may be aggregated provided they are estimated and charged for as weighing 10 pounds each Actual weight only must be entered on the waybill If articles of different classes are aggregated the
charge may be made at the rate applying to the highest class
RULE VI
Valuation ChargesWhen the value of any merchandise shipment COD or otherwise exceeds 5000 the following additional charge may be made on value Charge for value whether insured or not When merchandise
195
rate is 100 or less per 100 pounds 5 cents for each 10000 value or fraction thereof When merchandise rate exceeds 100 and not more than 300 per 100 pounds 10 cents for each 10000 value or fraction thereof These rates apply only to packages or shipments of merchandise jewelry and valuable papers
RULE VII
If C O D matter is refused or can not he 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 oflice 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 shipments 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 the Commission may determine
196
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 radium 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
RULE XIV
All express companies operating in this State and which hold themselves out as carriers of fresh fish shall give notifce to the consignor of the failure or refusal of the consignee to receive such shipments when the same have remained on hand four hours during daylight after arriving at point of desination said notice to be given by filing a telegram to that effect with a telegraph company doing a commercial telegraph business between points of origin and destination provided that it shall not be necessary to give such notice unless the carrier is directed by the shipper so to do in writing or printing attached to the package
This shall not apply where there is no commercial telegraph office open for business at either initial or destination point at the expiration of the time fixed herein
Should the carrier sell such shipments on the order of the shipper in any manner not pointed out by law it shall be entitled to a commission for such services of ten per cent of the amount realized
The carrier shall not await answer to its said telegram to the shipper longer than two hours after which time it shall act in reference to said shipments in accordance with its duty under the law
Should the said shipment perish or become damaged because of the carriers observance of the requirements of this order it shall not be liable in damages therefor if not otherwise at fault
The carrier shall reice such shipments only when directed so to do by the shipper and when it is practicable so to do and when shipments are reiced same shall be done at actual cost and at the expense of the shipper
The shipper shall pay the going and return charges on shipments which are returned under this order together with the telegraph tolls
SPECIAL NOTICE
See Rule Number One of the Rules Governing the Erection and Location of Depots etc
CLASSIFICATION OF PERISHABLES GENERAL SPECIALS ETC
CARRIED AT LESS THAN MERCHANDISE RATES AND AS PRESCRIBED
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
Cocoanuts
Crabs
Crab Meat raw Not including deviled cooked crabs Crackers
Cucumbers
IN TARIFF B
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 distance between 21 and 40 on the left side of the luble of Merchandise Rates and the column on the right under the head of cents gives the correct rate40 cents
To find the rate on packages less than 100 pounds Look under the head of packages less than 100 pounds and find the weight of packages on which rate is wanted and run your finger along to the right until you get under the number of miles wanted at 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 onehalf or double rate find graduated rate according to tariff and then add onehalf 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
198
CLASSIFICATION OF MERCHANDISE EXPLANATORY NOTES
A means that the article is governed by Tariff A
Vz A means that the article is governed by onehalf of Tariff A
Double A means that the article is governed by two times Tariff A
3 times A means that the article is governed by three times Tariff A
4 times A means that the article is governed by four times Tariff A
8 times A means that the article is governed by eight times Tariff A
SCALE OF WEIGHTS FOR OYSTERS PACKED IN CANS
In order to secure uniformity in weights and charges on shipments of Oysters packed in cans the following scale of weights must be strictly adhered to in all cases Delivering as well as Receiving Offices will see that no deviation is made from it
WAYBILL
6 Cans packed in Ice 25 lbs
12 40
16 9 50 1
18 60
20 65
24 80
30 90
36 105
44 120
50 135
56 150
72 195
WAYBILL
12 Cans without Ice 30 lbs
18 45
24 60
27 65
30 70
36 85
45 105
54 130
66 155
82 195
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 applied on any package containing articles that are sold to the consignee Any article of merchandise packed with advertising matter will subject the shipment to the regular graduate at merchandise rate
SECTION BThe following matter may be charged for at the Merchandise rate per one hundred pounds for actual weight charges to be prepaid or guaranteed
199
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
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 CRates on Printed Matter and Seeds and Bulbs prepaid to railroad points only within the State for manufacturers publishers and dealers
The following articles may be carried at ten cents for each one and onehalf pounds or less and for single packages exceeding one and onehalf pounds one cent for each additional two ounces or fraction thereof unless the graduate rate is less
Almanacs
Blanks printed bound or in sheets
Blotters and Blotting Pads
Books printed bound or unbound tBulbs
Blank Books
Blank Cards
Blank Envelopes
Card Boards
Calendars
Cards printed Catalogues
Circulars
Chromos
Chromo Lithographs Cuttings
Engravings
Envelopes address printed
Flexible or Paper Patterns
Hand Bills
Heliotype Work
Ins Policies blank Labels
Litho Views of Cities mounted on cloth with rollers
Letter Papers Lithographs
Magazines
Maps
Ornamented paper Pamphlets
Paper for Cash Registers
printed in rolls or sheets
Periodicals
Photos not framed Plants
Posters
Prospectuses
Proof Sheets Publications
Roots
Samples of Merchandise including Grain Cloth Medicine and Sample Cards
Scions
fSeeds
Sheet Music
Show Cards unmounted Stereoscopic Views
Any of the above mentioned articles which represent advertising may be taken under Section A when it gives a lower rate
Packages of Bulbs or Seed exceeding 40 ounces in weight 4 cents per package less than rate of onehalf cent per ounce unless regular graduate is less
Printed Matter Rates apply solely to articles enumerated and only when shipped by manufacturers publishers or dealers The value of each package must be limited to Ten Dollars be prepaid and have the nature or the contents written stamped or printed thereon and be so packed that the description may be readily verified by examination
200
SECTION DEspecial care and judgment must be exercised in the use of the following special rates offering them only to manufacturers and dealers to secure large and continuous shipments
Packages of Merchandise not including Jewelry Grocers Samples and Electrotype and Stereotype Plates for advertising cuts value not exceeding 10 may be forwarded at a rate of one cent per ounce
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 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 knocked down and boxed or crated charge double merchandise rates same as Ordinary Bicycles
Burlaps which have been used for covering shipments of silk from silk mills may be returhed 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 hot 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
201
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 y2A 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 0 R for Owners Risk 0 R B for Owners Risk of Breakage K D for Knocked Down Minimum for minimum charge on a single shipmenti e no single charge less than the one specified
All 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 LiveRe 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 weight or securely chained
at 100 lbs each
Ferrets
Guinea Pigs
Opossums
Pet Animals
Rabbits
Antlers
Apples
Asparagus
D A
A
B
D A
D A B B
Bananas
Beans
Beef Fat
Beer
Berries
Butter
Beer Tonic see Scale of Rates Bees in stands O R
Benzine refuse see Rule 8 BicyclesOrdinary see Vehicles
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
Blanks printed bound or in Sheets see Section C Blotters and Blotting Pads see Section C
Boats Metallic Folding securely packed
B
B
B
B
B
B
iy2A
D A
D A
D A
202
Boats Row and Canoes including paddles and equipment minimum 200 Shells and all Racing Crafts including Outriggers minimum 400
Books printed bound or unbound see Section C
Book Cases same as Furniture
Bread pound rates minimum 25 cents
Brick samples of charges prepaid Pound Rates
Buggies see Vehicles
Burial Cases
Burros see Live Stock
Bulbs see Section C
C
4 t A 8t A
B
A
Chromos see Pictures also Section C
Chromo Lithographs see Section C
Chronometers see Instruments
Cigar Boxes empty
Circulars see Section C
Clothing packages of to or from Laundries see Section B
Colts see Live Stock
Corn cooked sample cans of see Section B
Cows see Live Stock
Crabs deviled or cooked
Crayon Portraits see Pictures
Cuttings see Section C
Cabbage 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 securely boxed A
CamerasPhotograph in
light carrying cases D A
Canoe see Boats
Cards printed see Section C
Carriages see Vehicles
Castings Fragile receive only at O R B s 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
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
Dynamite refuse see Rule 8
E
Eggs i
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
A
A
D
tdtd
203
Bags and sacks for news companies may be transported free or Tariff B rates
Beer Empties may be transported free or Tariff B rates
Berry Stands or Crates 10c Each Bread Baskets or Boxes 5c Each Butter under 100 pounds
5 cents each for any distance
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 A
Demijohns in boxes or kegs 10c Each
Egg Cases 5c Each
Fruit Empties 10c Each
Gas Cylinders minimum
15c VzA
Homing Pigeon Baskets minimum 50c each for each company carrying A
Ice Cream Freezers minimum 15 cents A
Ice Cream Freezers empty may by agreement with
owner be returned subject to charges on delivery at rates fixed in classification A
Jars 5c Each
Jugs in boxes or kegs 10cEach
Kumyss Boxes 25c Each
Liquor Kegs 10c Each
Meat Boxes may be returned subject to charges on delivery by agreement
with owners 25cEach
Milk Cans may be transported free or Tariff B rates
Mineral Water Cases may be transported free or Tariff B rates
Oyster Empties may be transported free or Tariff B rates
Oyster Empties new sent to be filled and returned by express may be transported free or Tariff B rates
Tubs or Pails 5c Each
Other New Oyster Empties 10c Each
Pony Refrigerators for
Fruit25c Each
Soda Fountains minimum 15c A
Engravings see Pictures also Section C
Envelopes address printed see Section C
Explosives refuse see Rule
8
F
Feathers closely compressed
and baled A
Feathers not closely compressed and baled D A
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 3 t
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 A
Fruit B
Furniture O R B
Boxed or Crated A
Not Boxed or Crated D A Burlapped except chairs from manufacturers only A
Chairs boxed or crated A
Chairs not boxed or crated and not otherwise specified D A
Chairs Barber burlapped boxed or crated A
204
Chairs Dentists boxed or crated not exceeding 7500
in value a
Chairs Dentists boxed or crated exceeding 7500
in value D A
Chairs Iron Frame or
Folding Opera a
Letter File Cases boxed or
crated I 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 I
Stained 1 D A
Show Cases
Plate j
Signs I a
Windows J
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 O R
Musical Instruments encased in wooden boxes in ad
dition to their own cases A
Musical Instruments not boxed not otherwise specified 3tA
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 1A
Surveyors Instruments except Tripods must be refused unless boxed
Surveyors Instruments enclosed in a single box or case 31 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 3 t A
Thermometers must be refused unless boxed or securely packed Value not exceeding 500 each A
Value exceeding 500
each d
Tripods
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
L
Labels see Section C
Lard b
205
each additional horse Ponies or Colts not exceeding 500 lbs in weight and B 100 in value minimum
B 1000 for each company
B carrying in absence of an
agreement to divide the through rate
When not crated
When crated
A Pony Colt or Horse weighing over 500 lbs D A net will be classified
same as a Horse
Sheep crated
Lobsters see Perishables
A M
Magazines see Section C Maps see Section C
Marble and Slate manufactured must he 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
Laundries packages of clothing shipped to or by see Section B
Lemons
Lettuce gross weight
Lobsters
Letter File Cases see Furniture
Lithographed Views of Cities mounted on cloth with rollers see Section C
Lithographic Stones O R must be boxed or crated
Liquids in glass demijohns or earthenware O R Refuse when enclosed in paper or paper boxes or otherwise improperly packed
Lithographs see Pictures also Section C
Live Stock Receive only at
O R of death injury or escape Shipper must be required to sign a contract on the form furnished by the company releasing the Express as well as all transportation companies whose line may be used from any and all liabilities for loss or damage Feed and utensils must be provided by shippers Charges must be prepaid or guaranteed Horses may not be taken unless authorized by Superintendents
Burros crated
Burros not crated not exceeding 500 lbs in weight and 100 in value minimum 5 for each company carrying
Calves crated
Colts see Ponies
Cows not crated estimate single animal at 1000 lbs
Cows crated
Goats J
Hogs crated
Horses estimate single animals at 1000 lbs minimum 25 for each company carrying in absence of an agreement to divide
the through rate
Horses car loads of 10 horses estimate at 10000 lbs and 1000 lbs more for
N
Naptha refuse see Rule 8 Negatives see Photographic A Dry Plates
iv2a A Newspapers charge according to local agreements Newspapers auxiliary see Section B O Okra
D A Oars crated Oars not crated
A Oleo Butter
A Oleo Oil Oil explosives or inflamma
3 t A bles refuse see Rule 8 Opera Chairs see Furniture Opossums see Animals Organs not boxed for other than music dealers Oranges
Oysters in shell Oysters canned see scale of weights
A
i y2
D
B
MW td td
206
P
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
iflgS
Oil Paintings Pictures
Water Colors
When the declared value of the ship ment is 50 or less
When the declared value of the ship
ment exceeds 50 q
Pigeons Quails or Birds Live in coops for market or shooting tournaments O 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
iy2A
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
iy2A
B
B
B
207
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 Cade B
Statuary 0 R must be boxed or crated D A
Stencil Plates and Shipping Cards to be used on packages to be returned by Express when shipped by commission merchants to their customers may be charged at advertising matter rate Section A
Stereoscopic Views see Section C
Sulkies see Vehicles
Surveyors Instruments see Instruments
T
Terrapin live B
Tricycles see Vehicles
Tripods see Instruments
Thermometers see Instruments
Tomatoes t B
Trees and Shrubs for planting boxed or baled prepaid or guaranteed B
Turtles in bbls B
TurtlesLive B
Turnips B
Typewriting Machines se curely boxed A
Typewriting Machines when in their cases only or not securely boxed O R D A I
V
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 carry
ing 1 A
Buggies not K D and boxed or crated minimum 300 for each company carrying 3 t A
Childrens Carriages D A
Carriages K D and boxed
or crated 1A
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 lA
Sleighs K D and boxed or crated minimum 300 for each company carry
ing lA
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 1A
Sulkies K D and boxed or crated minimum 150 for each company carrying l1 A
Sulkies not K Dnor boxed or crated minimum
300 for each company
carrying 31 A
Tricycles K D and boxed or crated A
208
Tricycles not K D and
boxed or crated D A
Velocipedes D A
Velocipedes childrens A
W
Watches see Jewelry
Y
Yeast Compressed B
209
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 num ber 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 cases 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 of 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 and 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 bnilt
Financial
statement
210
Information need not be repeated
Tabulated statement of desired Issues
Use of proceeds from desired issues
Property to be acquired
How service is to be improved
Copies of all contracts to be filed
that the capitalization and proposed capitalization of said company is lawful and legitimate and does not violate either the laws or the Constitution of 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 financial 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
RULE 4
Said petition shall contain a statementof 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 terms and rate of interest and wheth er and how to be secured and if to be secured by a mortgage or pledge a copy of the same shall be attached
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 lawfulcorporate purposes falling within the spirit of section 8 of the Act approved August 22 1907
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 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 annunt for which they were actually sold and the application of the proceeds arising from such sale
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
211
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 he 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
RULE 13
On receipt of the petition the Commission shall fix a time and place for hearing thereon and shall give to the applicant not less than ten days notice thereof
Capitalizing
franchises
etc
Consolidation or merger
Reference wherechartered by general law
Law must be
compiled
with
Petitioners to make further report
Hearings before Commission
212
Notice of Hearing
Applicant to produce witnesses
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 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
RULE 14
All proceeds must be used for purposes approved
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 Each 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
213
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 Board 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 Rate Expert
214
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 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 pr his reasons and grounds for his opinion when in the majority
RULE 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
215
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 office 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 Quorum 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 has so ordered or decided
RULE 10
At every regular meeting of the Board the following shall be the order of business 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
216
Rules may be altered
Matters not covered by rules
Attorney to Commission
RULE 12
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
217
OPINIONSofSPECIALATTORNEY
DTJTY OP COMMISSION TO APPEAL TO INTERSTATE COMMERCE COMMISSION
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta February 25 1911
File 9466
Railroad Commission of Georgia
Atlanta Ga
Gentlemen I have your letter of the 24th instant enclosing the papers in the above file You request my opinion upon the question whether the case presented by the papers in this cse is one in which the Commission should intervene under the law
Among the papers in this file I find a letter from Hon S G McLendon dated February 2nd 1911 in which he writes that the Georgia Commission can aid the Eastman people by a simple resolution reciting the fact that the figures set out in the petition are correct and that the rates complained of are unlawful under the Federal statute that they are unjust and unreasonable and by expressing a desire that the Interstate Commerce Commission would grant the prayer of petitioners
I find among the papers in this file the petition of M L Edwards and Brother and others which is unsigned in which they ask the Commission to present to the Interstate Commerce Commission as true the following facts
That the rate on first class freight from New York Etc to Eastman is 132 per 100 pounds that the rate to Macon Georgia is 102 per hundred pounds that these rates are made through Savannah or Brunswick that the freight moving under the same are transported over one line or route that in moving over the Southern Railway either through Savannah or Brunswick such freights going to Macon pass through Eastman that the distance from New York to Eastman is 57 miles less than the distance from New York to Macon through Eastman that the rate is 132 per hundred pounds first class from New York to Eastman is a higher charge than is made from New York to Macon through either Savannah or Brunswick and by the Southern Railway and its connections that the shorter distance for which the greater charge is made is included within the longer distance to Macon for which the smaller charge is made that the rate to Eastman is unlawful for two reasons towit First because it is a greater charge for a shorter distance the shorter being included within the longer and second because it is unjust and discriminatory against the Eastman merchants
218
Petitioners further ask the Commission to find that the entire class and commodity rates from Eastern points including Virginia cities as per existing tariffs filed with the Commission to Eastman when higher than rates to Macon and moving through Savannah or Brunswick over the Southern Railway and its connections are unjust unreasonable and unlawful to the extent that the Eastman rates exceed the Macon rates
Petitioners further ask the Commission to present to the Interstate Commerce Commission the fact that the rate of 144 from Ohio River crossings to Eastman first class while the rate over these crossings to Hawkinsville is 123 per hundred pounds is unjustly discriminatory as against Eastman Petitioners further ask the Commission to present to the Interstate Commerce Commission the fact that the rates from Ohio River Crossings to Eastman are unjust discriminatory and unlawful to the extent that the same exceed the rates over the Southern and its connections from Ohio and Mississippi River Crossings to Brunswick
The rates to which the attention of the Commission is called in the above letter and petition are through rates from points out of Georgia to points in Georgia
By our law it is made the duty of the Railroad Commission of Georgia to investigate thoroughly such through freight rates from points out of Georgia to points in Georgia
First Code Section 2645
Whenever the Commission finds that the through rate charged into or out of Georgia is in their opinion excessive or unreasonable or discriminatory in its nature it shall call the attention of the railroad officials in Georgia to the fact and urge upon them the propriety of changing such rate or rates
First Code Section 2646
The first duty of the Commission under this law is to make a thorough investigation to determine whether these rates are excessive unreasonable or discriminatory in their nature against Eastman
Mr McLendon makes the point that these rates are unlawful under section 4 of The Act to regulate commerce as amended by the Act of June 18th 1910 By this Act it i ade unlawful for any carrier subject to its provisions to charge or receive any greater compensation in the aggregate for the transportation of the like kind of property for a shorter distance than for a longer distance over the same line of route in the same direction the shorter being included in the longer distance but the Interstate Commerce Commission upon the application of such common carrier may in special cases after investigation be authorized by the Commission to charge less for longer than for shorter distance for the transportation of property
It is further provided in this Act that no rates or charges lawfully existing at the time of the passage of this amendatory Act shall be required to be changed by reason of the provisions of this Act prior to the expiration of six months after its passage nor in any case where application shall have been filed before the Interstate Commerce Commission in accordance with the pro
219
visions of this Act until a determination of such application by the Commission
In this same section of this Act is the following provision
Whenever a carrier by railroad shall in competition with a water route or routes reduce the rates on the carriage of any species of freight to or from competitive points it shall not be permitted to increase such rates unless after hearing by the Interstate Commerce Commission it shall be found that such proposed increase rests upon the changed conditions other than the elimination of water competition
Mr McLendon does not refer to this provision of the statute in his abli brief which I find among the papers in this file
Does not this provision authorize the carrier without special authority froij the Interstate Commerce Commission to charge less for a longer haul than 4 shorter haul over the same line or route the shorter haul being included within the longer haul whenever the carrier has to compete with water competition In other words is the first part of said section applicable in cases of water competition I am inclined to think that the proper constrction of this section will not make this provision applicable in cases of water competition
As the rates complained of were in existence on June 18th 1910 they are not unlawful if the carriers in the meantime have made application to the Interstate Commerce Commission to authorize such rates if such application has not been determined or the rates have been authorized
In nay opinion it is the duty of the Commission to investigate the rates complained of This is their plain duty under section 2645 of the Code of Georgia In making this investigation they must determine whether these rates are unlawful under section 4 of The Act to Regulate Commerce as amended by the Act of June 18th 1910
If the rates complained of are the result of water competition then in my opinion they are not made unlawful by this section of this Act If the carriers have made application to the Interstate Commerce Commission for authority to keep these rates which were in existence on June 18th 1910 in force and such application has not been determined in favor of the carrier then this rate is not unlawful under this Act
After such investigation if the Commission finds that these rates are excessive unreasonable or discriminatory in their nature against Eastman it is then made the duty of the Commission by section 2646 of the Code to call the attention of the railroad officials in Georgia to the facts and urge upon them the propriety of changing them This is the initial step which the Commission must take to get rid of such excessive unreasonable and discriminatory rates If such rates are not changed according to the suggestion of the Commission it shall then be the duty of the Commission to present the facts wherever it can be legally done to the Interstate Commerce Commission and to appeal to it for relief
First Code Section 2647
Mr McLendon requested the Commission to pass a simple resolution reciting
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the fact that the figures set out in his petition are correct that the rates complained of are unlawful under the Federal Statute that they are unjust and unreasonable and expressed the desire that the Interstate Commerce Commission will grant the prayer of petitioners
The mode of procedure is not pointed out under our statute but the mode of bringing the attention of the Interstate Commerce Commission to unreasonable or discriminatory rates is pointed out in the Act to regulate commerce It seems to me that it would be more appropriate to pursue the procedure pointed out in this Act than to simply pass a resolution upon this subject if the Commission reaches the conclusion that the facts make a case which requires the Commission to appeal to the Interstate Commerce Commission This can be done either by joining the petitioners in their petition to the Interstate Commerce Commission by intervening in said petition or by a separate petition by this Commission
James K Hines
Special Attorney
DUTY AND AUTHORITY OF COMMISSION TO HAVE ITS SECRETARY CERTIFY STOCK AND BONDS APPROVED BY THE COMMISSION
Railroad Commission of Georgia Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta March 31st 1911
Gentlemen You wish my opinion upon these questions
First has the Railroad Commission of Georgia the power or authority to have its Secretary certify upon bonds or stocks issued by companies subject to its jurisdiction that such bonds or stocks are issued in pursuance of an order of the Commission approving such issue and secondly with such power or without such power is it the duty of the Commission to have its Secretary so certify upon bonds or stocks issued after their approval by the Commission
In determining whether the Commission has a given power or authority I have adhered uniformly to this canon of construction That the power or authority sought to be exercised must be expressly granted by the statute or must be necessary to the exercise of some power or authority expressly granted by statute
By the Act of August 27th 1907 it is made unlawful for any company over which the authority of the Railroad Commission is extended by law to issue stocks bonds notes or other evidences of debt payable more than twelve months after date except upon the approval of said Commission
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 purpose and use for which the issue was authorized
221
For the purpose of enabling the Commission to determine whether its order of approval should be issued it is required to make such inquiry or investigation hold such hearing examine such witnesses hooks papers documents or contracts as it may deem advisable or necessary
First Code Sec 2665
The Commission under this section of the Code has the power and it is made its duty to approve or disapprove issues of stocks and bonds
The Commission does not exhaust its authority nor fully discharge its duty by making an investigation to determine whether a proposed issue of stocks or bonds is meritorious and in approving such issue if found to be proper but it must make some publication of its finding Necessarily incident to the power to approve is the authority to make known its judgment of approval The duty to publish its decision is necessarily implied from its authority to pass judgment
Clearly the Company applying for your approval of a stock or bond issue is entitled to know your decision It is entitled to have authoritative information on this subject such as a certified copy of your order
The purpose of this provision of the law is twofold first to protect the public who have to pay the charges of publicservice companies from excessive capitalization and second to protect the investing public from fraudulent fictitious and watered securities The protection of the former is accomplished by the mere delivery of your judgment but the latter class can only be protected by knowledge of your decision and by knowledge of the fact that a given bond or share of stock falls within the scope of your order of approval The knowledge of the former fact does not include the latter information An investor might know that you had approved a certain issue of stocks or bonds and yet be ignorantof the fact whether an individual bond or share of stock was one of the issue approved by you
So the investing public is entitled to have publication of your order approving a stock or bond issue
In determining the method of making known your decisions in these matters we enter the field of practice and discretion Such method rests in the wise discretion of the Commission Heretofore the practice has been to spread your orders and judgments upon your minutes for public inspection and to permit persons interested to have certified copies of these orders and judgments
Some matters are required to be published such as schedules of rates made or revised by the Commission
1 Code 1911 Sec 2632
Sometimes matters of importance are informally given to the press for publication to the end that individuals and the public may be informed of matters affecting their interests
Clearly an investor would have the right to be informed by the Commission whether a given stock or bond issue had been approved by the Commission and it would be the duty of the Commission to furnish him with a certified copy of its order approving such issue
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As the mere information that a stock or bond issue had been approved by the Commission does not give to the investor knowledge that a given bond or share of stock is one of such approved issue the Commission has in my opinion the authority to adopt such method of certifying this information to investors as it may deem reasonable and proper
Besides the Company issuing such bonds or stock is entitled to have such benefit and advantage as may accrue to it from the fact that the Commission has approved its issues of bonds and stocks and the Commission has the authority in my opinion to adopt such methods as it may see fit to give such company the benefit and advantage of its approval of its stock or bond issues by certifying this fact to the investing public
In approving a bond or stock issue the Commission has the power and authority to approve the whole issue or any part thereof If it can give its approval to the aggregate why can it not separately stamp its approval upon each unit of the whole
In my opinion the Commission has the power and authority to certify on each bond or share of stock issued by a company subject to its jurisdiction that it has approved the issue of which such bond or stock is a part
Whether such method should be adopted and the manner of its exercise rest in the wisdom and discretion of the Commission and must depend upon the expense the means and machinery at its command for putting into prac tice and all other pertinent matters
In my opinion the adoption of such a practice when requested by the Company issuing its bonds or stock under the approval of the Commission would be reasonable and would be within the power if not within the duty of the Commission
I have not had time to investigate the question whether any liability would rest upon the members of the Commission for a wrongful or negligent exercise of this function If it is the duty of a public officer to perform an act he should not be deterred therefrom by the fact that he would be liable for a wrongful or negligent exercise thereof
Yours truly
James K Hines
Special Attorney
RIGHT OF A RAILROAD COMPANY TO REQUIRE SURRENDER OF ORIGINAL BILL OF LADING BEFORE RETURNING TO CONSIGNOR REJECTED OR REFUSED SHIPMENT
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta April 15th 1911
File No 9880
Railroad Commission of Georgia
Atlanta Ga
Gentlemen I have your letter of the 15th instant enclosing papers in the above file and note that you wish my opinion upon the question whether or
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not a railroad company is within its rights in demanding surrender of the original bill of lading to the railroad company before rejected or refused shipment will be returned to the consignor at the original point of shipment
From the papers in this case it appears that the Frank E Block Company of Atlanta Georgia shipped five boxes of crackers over the Atlanta West Point Railroad Company to Herring Roberts Grantville Georgia when the shipment was intended to be made to Herring Roberts Mansfield Georgia
It further appears that the Frank E Block Company sold these goods to the J J BarnesFain Company which the latter company instructed them to ship to Herring Roberts Mansfield Georgia
By mistake Frank E Block shipped them to Grantville Georgia and on account of the delay caused by this misshipment the J J BarnesFain Company declined to accept and pay for these goods It does not appear from the papers in this file what was done with the original bill of lading It may well be presumed that it was forwarded to Herring Roberts the consignees
On February 11th Frank E Block Company wrote F E Winburn the Freight Claim Agent of the Atlanta West Point Railroad Company asking him to have these crackers returned On February 13th 1911 this agent declined to comply with this request until the original bill of lading was surrendered
Did the railroad company have the right to decline to return these goods until the original bill of lading was surrendered to it
Bills of lading are not in a full commercial sense negotiable paper and are not attended with all the incidents of such paper in favor of bona fide purchasers They are still symbolic of the property they represent and are transferable so as to pass title to the property when the transaction is intended to have that effect
Tison Gordon vs Howard 57 Ga 410
If they are stolen or procured from the owner by fraud or intrusted to an agent for mere custody and safe keeping who converts them they occupy much the same or perhaps exactly the same position that the property itself would occupy if it were thus dealt with instead of the bill of lading which represents its
Tison Gordon vs Howard 57 Ga 410
Still bills of lading are negotiable and pass title to the goods embraced therein to purchasers thereof when transferred for this purpose
Bass vs Glover 63 Ga 745
Boatmans Savings Bank vs R R Co 81 Ga 221
North Pa R R vs Commercial Bank 103 U S 727
If the bill of lading is so transferred and the railroad company delivers the goods to the original consignor or consignee it would be liable to the assignee of the bill of lading for the value of the goods embraced therein
For this reason where a bill of lading covering a shipment of goods has been issued the carrier may demand its surrender as a condition precedent to making delivery of the goods or returning them to the original consignor
Sellers vs Sav F W Ry Co 123 Ga 386
So in my opinion the Atlanta West Point Railroad Company had the right to demand the production and surrender of the original bill of lading as a condition precedent to the return of these goods to the Frank E Block Company
This is so because Herring Roberts the consignees of these goods might have transferred this bill of lading to an innocent purchaser with the intention of passing the title to these goods to such assignee and in that event the railroad company would be liable to such assignee for the value of these goods if the carrier had returned them to the original consignor
I return herein the file in this case
James K Hines
Special Attorney
FAILURE OF RAILROAD COMPANY TO PARTICIPATE IN TARIFF IN WHICH IT IS SHOWN AS CONCURRING LINE
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta March 3 1911
File 9707
Railroad Commission of Georgia
Atlanta Ga
Gentlemen I have your letter of the 25th ultimo enclosing the papers in the above file You wish my opinion upon this question towit
Can the Central of Georgia Ry Co shown as one of the participating carriers in Seaboard Air Line Ry Tariff ICC 3795 decline to participate in a specific rate i e from Jenie to Savannah Ga without the specific reservation that it will not participate in such rates
You also state the question thus
In other words can the Central of Georgia limit its participation in this tariff to which it is shown as a concurring line without specific reference to that effect being shown in the tariff
From the papers in this file it seems that the Seaboard Air Line Railway Company issued tariff ICC 3795 and that this tariff shows the Central of Georgia Railway as a participant therein If the Central of Georgia Ry concurred in the entire tariff including the rate from Jenie to Savannah Ga then this company would be bound by the rate named in this tariff and could not charge a higher rate but as this tariff was issued by the Seaboard Air Line Ry then the Central of Georgia Ry Co would not be bound by the rate from Jenie to Savannah Ga therein set out unless the Central of Georgia Ry concurred in the entire tariff In other words the liability of the Central of Georgia Ry Co would depend upon whether it concurred in this entire tariff or only in certain rates therein specified If the Central of Georgia Ry did not concur in the whole tariff or in this particular rate then it would not be liable from the fact that the Seaboard Air Line Ry Co issued this tariff
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with the statement that the Central of Georgia Ry Co participated therein and without specific reference to the rates in which the Central of Georgia Railway Company participated
Of course the Central of Georgia Ry Co might have afterwards ratified the action of the Seaboard Air Line Ry Co in this matter if it adopted the rate from Jenie to Savannah Ga and permitted shipments to he carried at the rate specified in this tariff
By Section 2631 of the Code the Railroad Commission of this State is required to make for each railroad in this State a schedule of just and reasonable rates or charges for transportation of freight and cars on each of said railroads
Code Section 2631 It is made the duty of each railroad company after said schedule is published to post the same at all of their respective stations in a conspicuous place for the protection of the people
Code Section 2632 Each railroad in this State is entitled to charge the rates of freight thus fixed by the Commission but the railroads of the State can charge less than the maximum rates fixed by the Commission provided they charge all shippers alike Before a shipper can recover from a carrier overcharges for the transportation of freight it would be incumbent upon such shipper to show that the carrier had agreed to transport his freight for a less charge than that fixed by the Commission This would not be shown by the mere fact that one connecting carrier had published a tariff with the statement that another carrier participated therein unless this was done by the authority or ratification of the participating carrier
It not appearing that the Central of Georgia Railway Company concurred in the entire tariff or in this particular rate then the Central of Georgia Ry Co could not he made to pay the excess over the rate specified in this tariff If it were made to appear that the Central of Georgia Ry concurred in this entire tariff that is that it was issued by its authority or it subsequently ratified the rates of this tariff by carrying shipments from Jenie to Savannah Ga at the rates therein specified then the Central of Georgia Ry Company
would be liable
James K Hines
Special Attorney
FAILURE OF RAILROAD COMPANY TO PARTICIPATE IN TARIFF IN WHICH IT IS SHOWN AS A CONCURRING LINE Supplementary to opinion rendered under date of March 3rd 1911 Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta May 2nd 1911
File 9707
Railroad Commission of Georgia Atlanta Ga
Gentlemen I have your letter of the 26th ult enclosing the papers in the above file I note that the Commission wishes me to advise whether the facts
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stated by Mr Jones in his letter of March 28th would have the effect of establishing the participation of the Central of Georgia Railway Company and the Southern Railway Company in the Seaboard Air Line Railways tariff and if so to what extent relative to the claims in question in this case
I can add nothing to the opinion contained in my letter of March 3rd 1911 It appears from the letter of Mr J M Jones Chief of Bureau of Tariffs of the Interstate Commerce Commission that the Southern Railway Company had on file at the time of the filing of the Seaboard Air Line I C C Tariff No 3795 a general concurrence assenting to all joint tariffs in which they were named as parties except in instances where the Interstate Commerce Commission was given specific notice to the contrary In the absence of such notice the Southern Railway would be bound by Seaboard Air Line Railway
I C C Tariff No 3795
It appears from his letter that the Central of Georgia Railway had no such concurrence on file with the Interstate Commerce Commission It further appears that on May 28th effective June 1st 1909 the Seaboard Air Line Railway filed with the Interstate Commerce Commission copies of supplement 88 to its I C C No 3795 by authority of Special Order No 3 of March 2nd 1909 showing the forms and numbers of the concurrences of the various lines participating in that tariff and in this list appears the Central of Georgia Railway underFX 3 No 32 Special If it is meant by this language that the Central of Georgia Railway concurred specially in the Seaboard Air Line Railway Tariff then the Central of Georgia Railway would only be bound to the extent to which it concurred in this tariff Mr Jones further writes that concurrence was issued April 2nd 1909 and assents to and concurs in any freight rate schedule or supplement thereto which the Seaboard Air Line Railway or its agents had prior to the date hereof filed with the Interstate Commerce Commission and which has not been canceled and in which it is shown as a participating carrier etc From this language it would seem that the Central of Georgia Railway filed a general concurrence in the Seaboard Air Line Railway I C C No 3795
I can only repeat what T said in my former opinion if the Central of Georgia Railway Company concurred with the Seaboard Air Line Railway in I C C No 3795 then it would be bound by all the rates therein named If after the issuance of this tariff in which it was shown that it was a participating carrier the Central of Georgia Railway charged the rates from Jenie to Savannah Georgia then that ratified so far as this Company is concerned the rates published in this tariff by the Seaboard Air Line Railway Company and the Central of Georgia Railway Company could not charge any greater rates between these points than those named in this tariff
If however the Central of Georgia Railway Company concurred specially in this tariff then it would only be bound to the extent of its special concurrence If its special concurrence did not embrace the rates between Jenie and Savannah Georgia then the Central of Georgia Railway Company would not be bound by the rates named in this tariff between these points
From the papers in this file it does not satisfactorily appear to what extent the Central of Georgia Railway Company concurred in this tariff nor
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does it appear therefrom that the Central of Georgia ever charged the rates between these points named in this tariff From this lack of information I can not say whether the Central of Georgia Railway Company is liable on the claims presented in this file However on full information on the above points the Commission can determine from my opinion heretofore given whether the Central of Georgia Railway Company is liable on these claims
Yours truly
James K Hines
Special Attorney
RIGHT OF A PUBLIC SERVICE CORPORATION TO REFUSE TO FURNISH SERVICE TO A PATRON WHO HAS FAILED OR REFUSED TO PAY A PAST DUE BILL
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta May 19th 1911
Railroad Commission of Georgia Atlanta Ga
File 9828
Gentlemen I have your letter of the 16th instant enclosing the papers in the above file and note that you wish my opinion upon the right of a public service corporation to refuse to furnish service to a patron who has refused or failed to pay a past due bill when such future service will be protected by such safeguards as will insure such company its revenue in advance for the service to be furnished
It is a general rule that a gas company can refuse to furnish a consumer with a further supply of gas because of the nonpayment of arrearages for gas already consumed
10 Cyc 1161
8 Am Eng Ency of Law 1st Ed page 1285 Note
Detroit Gas Company vs Moreton Truck et al Ill Mich 401
People vs Manhattan Gas Light Company 45 Barb N Y 136
Pearson vs Phenix Gas Company 12 Gas J 69
Morey vs Metropolitan Gas Light Company 38 N Y Sup Ct 185
G L Company of Baltimore vs Colliday 25 Md 1
Commercial Bank vs London G L Company 20 U C Q B 233
A gas company may in the discharge of its duties to the consumer govern its action by reasonable rules and regulations and when it has done so all persons dealing with it as well as the company itself must yield obedience to them
20 Cyc 1162
Blondell vs Baltimore Consolidated Gas Company 89 Md 732 Williams vs Mutual Gas Company 52 Mich 499
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State vs Sedalia Gas Light Co 34 Mo App 501
Shepard vs Milwaukee G L Company 6 Wis 539
So a regulation requiring a deposit for security for the payment of gas to be consumed has been held reasonable
Owensboro Gas Co vs Hildebrand 42 S W 351
19 Ky Law Rep 983
Williams vs Mutual G Company 52 Mich 499
Shepard vs Milwaukee Gas Company 6 Wis 539
So a regulation requiring the payment of arrearages whether owing by occupant or predecessor
Mackin vs Portland G Company 38 Ore 120
Miller vs Wilkesbarre G Company 206 Pa St 254
It has been held that when a dispute arises between a gas company and a customer the latter is entitled to have his rights investigated by the court and that in such a case an injunction would be granted to prevent the cutting off the supply of gas until the cause can be heard
Sickles vs Manhattan Gas Co 64 How Pv 33
66 Howard Pv N Y 304314
8 A M Eng Ency of Law 1st Ed page 1290 Note
A public service corporation where a customer fails or refuses to pay a past due bill can refuse at common law to furnish further service until such bill is paid and has the right to exercise this power for a twofold purpose first to protect itself against future loss and second to compel a delinquent customer to pay his past due bill
In my opinion such company can under the common law and in the absence of action by the Commission refuse further service when a customer fails or refuses to pay a just claim although such customer may offer to pay in advance or make other arrangement such as a slot meter by which the company will be protected as to future service
Of course in the absence of contract or regulation to that effect such company could not refuse to furnish to other persons occupying the same premises service because the former occupant of the premises failed to pay a bill
8 Am Eng Ency of Law 1st Ed page 1285 Note
Gas Light Company of Baltimore vs Calliday 25 Md 1
Lloyd vs Washington Gas Company 1 Mackey D C 331
I make this last observation because it appears from the papers in this file that certain other persons occupying the same premises with Mrs Tuck made application to the Gas Company to put in slot machines and furnish them gas
By the Act of August 22nd 1907 the Railroad Commission of Georgia is given general supervision over gas companies and can require such 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
1 Code Sec 2663
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Under this power and in this particular case the Commission can by special order make such disposition of this case as may be reasonable and just For instance it might pass an order requiring the gas company to put in a slot meter for Mrs Tuck upon her giving bond with good security to pay any judgment which the gas company may recover on its claim against her for gas heretofore furnished her or by a deposit by her in a solvent bank of money sufficient to pay any judgment which the gas company may recover against her on its claim for gas already furnished her The above are mere suggestions but in my opinion the Commission has power to deal with this matter by a special order in this particular case which shall be reasonable and just to both parties Furthermore the Commission can require gas companies to establish and maintain such public service and facilities as may be reasonable and just by general rules and may make a general rule to cover cases like this
Yours truly
James K Hines
Special Attorney
DUTY OF A COMMON CARRIER TO ASSIST PASSENGERS WITH HAND
BAGGAGE
Railroad Commission of Georgia
Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta May 24th 1911
File 9908
Gentlemen I have your letter of the 22nd instant enclosing papers in the above file and in which you wish my opinion as to the duty imposed by law upon carriers to assist passengers with hand baggage
Ordinarily it is no part of the duty of the employees of a railway company in charge of passenger trains to assist passengers to alight therefrom
C R Co vs Perry 58 Ga 461 3
C R Co vs Thompson 76 Ga 770 2
Daniels vs Ry Co 96 Ga 786
Atl Con St R Co vs Bates 103 Ga 333 2 347
Wilkes vs R Co 109 Ga 794
Southern Ry Co vs Reeves 116 Ga 743
A carrier is not ordinarily under any duty to render assistance to a passenger in alighting from its cars
So Ry Co vs Hobbs 118 Ga 230 Tucker vs C R Co 122 Ga 391
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This is the general rule
When a passenger is manifestly aged infirm sick or of defective eyesight then it becomes the duty of the railway carrier to render him or her such assistance
3 Thomp Negligence 2846
Hutch Car 2nd Ed S S 617a 670
2 Shear Redf Neg 5th Ed S 510
Ray Neg Pas Carriers S 67
1 Felter Car Pas S 106
Our Supreme Court is inclined to the view that such is the law
So Ry vs Hobbs 118 Ga 231
It might be the duty of the carrier to assist passengers similarly situated to those named above if the attention of the conductor is called to their situation
But neither under the general rule nor the exceptions thereto is the carrier under any duty to assist passengers with hand baggage to alight Nor does such duty rests upon the carrier as to women and childrenordinarily
Even in cases falling under the exceptions to the general rule the carrier is not required to furnish employes specially for this purpose The carrier is not required to furnish a porter for this purpose generally
Wherever the case of a particular passenger comes within the exception and the attention of the conductor is called to it then it would be his duty to see that such passenger had the necessary assistance
But it is no part of the duty of the carrier to make provision for such general assistance for passengers
I return herein papers in this file
Yours truly
James K Hines
Special Attorney
INTERPRETATION OF INTERSTATE SHIPMENTS Railroad Commission of Georgia
Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta May 25th 1911
Gentlemen Your letter of the 6th instant enclosing the papers in files numbers 9816 and 9901 came duly to hand
I note that you wish my opinion upon the question whether the shipments referred to in these files are intrastate or interstate in their nature and whether the rules and rates prescribed by this Commission for intrastate movements shall govern
It appears from the papers in File No 9816 that certain fertilizer materials were imported and on their arrival at Brunswick Georgia were put in stor
231
age These goods came from a foreign port to Brunswick Georgia hut it does not appear who were the consignors or who were the consignees They were shipped from Brunswick Georgia to the Blakely Oil Fertilizer Company at Blakely Georgia hut it does not appear who were the consignors
If these goods were imported by merchants or consignees at Brunswick Georgia and were delivered by ship to such consignees or merchants at Brunswick Georgia who afterwards sold these fertilizer materials and had them shipped to the Blakely Oil Fertilizer Company at Blakely Georgia then these shipments were intrastate shipments and the rules and rates of the Railroad Commission of Georgia applied to these shipments
The transportation of merchandise from a foreign country into this State or from one State into another is foreign or interstate commerce as the case may be and the foreign or interstate transportation is not completed the moment the goods reach the State line but continues until arrival at the point of destination and delivery to the consignee
Bowman vs Chicago etc R R Co 125 U S 465
Rhodes vs Iowa 170 U S 412415426
Vance vs Vandicook Co No 1 170 U S 43845
McNeil vs Southern Railroad Company 202 U S 543 559
A contract for an interstate or foreign shipment is complete upon delivery at the terminal point specified in such contract and the further shipment to another point in the same State on the order of the consignee and under a separate contract is not a continuation of an interstate shipment hut is local in its character and is controlled by the State law and not by the Interstate Commerce Act
Gulf etc R R Co vs Texas 204 U S 403
7 Ency of U S Supreme Court Reports 287
If the contract for the shipment of these fertilizer materials contemplated continuous carriage or shipment from a foreign port to the Blakely Oil Fertilizer Company at Blakely Georgia then the shipment was a foreign shipment and the rules and rates of the Railroad Commission of Georgia would not apply However if the original shipment was from a foreign port to Brunswick Georgia and was there delivered to the consignee at Brunswick Georgia then the foreign shipment terminated If after this the consignee at Brunswick Georgia by a separate contract of shipment had these goods shipped from Brunswick Georgia to the consignee at Blakely Georgia then the shipment would be an intrastate shipment and would be subject to your rules and rates
It appears from the papers in File 9901 that a cargo of pyrites ore was imported from Spain into Savannah Georgia It does not appear who the importers were hut The shipment came direct from a Spanish port consigned to the sellers at Savannah In the letter of the Blackshear Manufacturing Company of date April 22nd 1907 it is stated that their part of the cargo was forwarded to them on the local bills of lading of the Atlantic Coast Line It does not appear whether these goods were shipped from Spain to the
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Blackshear Manufacturing Company at Blackshear Georgia If this was a through shipment or one of continuous carriage from Spain to the Blackshear Manufacturing Company at Blackshear Georgia then it would be a foreign shipment and not subject to the rates and rules of the Railroad Commission of Georgia It would seem from the above letter of the Blackshear Manufacturing Company that they were interested in this cargo and that part of the cargo was shipped from Spain on their account
Whether a shipment is foreign or interstate does not depend upon whether it moves on local bills of lading or not If cargo of pyrites ore or a portion of such cargo was shipped from Spain to be delivered to the Blackshear Manufacturing Company at Blackshear Georgia this would be a foreign shipment although it may have moved from Savannah to Blackshear Georgia on a local bill of lading of the Atlantic Coast Line However if this cargo was consigned to merchants at Savannah Georgia or to brokers at that port for the purpose of sale on account of the consignors and the same was received by the consignees at Savannah Georgia and by them sold and shipped to the Blackshear Manufacturing Company at Blackshear Georgia then the shipment would be intrastate and subject to the rates and rules of the Railroad Commission of this State
I return herein all the papers in these files
Yours truly
James K Hines
Special Attorney
DUTY OF LESSEE OF WESTERN ATLANTIC RAILROAD TO KEEP PROPERTY IN GOOD CONDITION
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta June 9th 1911
File 9971
Railroad Commission of Georgia
Atlanta Ga
Gentlemen I have your letter of the 5th instant enclosing the letter of Mr J F Hargis and note that you wish my opinion upon the question whether the Nashville Chattanooga St Louis Railway is justified in replacing with a frame structure the stone or brick depot building formerly at Kingston Georgia and which was destroyed by fire a few years ago
Section 7 of the Lease Act makes the lessees liable for any property of the State Road which has been lost consumed or permanently removed from the State Under this section the lessees can not replace a depot which has been destroyed by one of inferior material or of less value
Under this section the Governor has power to appoint a Board of Examiners and if by their report it appears that any oi said property has been consumed or lost the Governor is authorized to apply a sufficiency of the bonds
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deposited as security by the lessees to restore the State Road to its condition at the date of their previous examination
So in my opinion the lessees would not be justified in replacing a stone or brick depot with a wooden structure The spirit of the Lease Act requires them to keep the property in the same condition in which they received it
I return herein the letter of Mr Hargis
Yours truly
James K Hines
Special Attorney
RIGHT OF THE COMMISSION TO AUTHORIZE REFUND OF FREIGHT
CHARGES
Railroad Commission of Georgia
Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta July 5th 1911
File 9816
Gentlemen I have your letter of the 30th ult enclosing all the papers in this file and note that you wish my opinion upon the question whether you would be justified in granting permission to the Southern Railway Company to refund to the Blakely Oil Fertilizer Company a portion of the freight paid by the latter to the former on the shipment of pyrites ore moving from Brunswick Georgia in January 1910
It appears that this shipment moved from Brunswick to Blakely via the Southern Railway to Macon Georgia and thence by the Central of Georgia Railway to destination It further appears that the published rate by this route of these two companies from Brunswick to Blakely was 324 per ton and the published rate from Brunswick to Blakely over the Atlantic Coast Line Railway Company was 257 per ton It further appears that agents of the Southern Railway and the Central of Georgia Railway Company in soliciting this freight assured the Blakely Oil Fertilizer Company that the rate from Brunswick would be no more than from Savannah 257 cents per ton It further appears that the Blakely Oil Fertilizer Company purchased this ore from the VirginiaCarolina Chemical Company which imported it from abroad through the port of Brunswick and that the VirginiaCarolina Chemical Company assured the Blakely Oil Fertilizer Company that the rate from Brunswick would be no more than the rate from Savannah
If this joint rate was fixed by the Commission it is a maximum rate Any carrier and these particular carriers could charge less than the prescribed maximum rate if they gave the same lessened rate to all persons except as herein stated and if they made a corresponding reduction of the same percentage to and from other stations on these through lines to the end that no
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unjust discrimination be made in favor of or against any shippers or localities
GENERAL RULE 3
But as there were two routes between Brunswick and Blakely one by the Southern and Gentral of Georgia Railway Company and the other by the Atlantic Coast Line Railway and the Central of Georgia Railway Company the rates between these two points might be reduced by the carriers over the former route to correspond with the lowest rates for similar service over the other route without making reductions at intermediate points
GENERAL RULE 6
Carriers are required to keep posted at all their stations the schedules of rates prescribed by the Commission and if any changes made in such schedule either voluntarily or by order of the Commission carriers are required to immediately furnish copy of such change to the Commission and shall post copies thereof at their stations so as to give notice to the public that said change has been made No reduction in any rate shall become effective until three days after notice has been given by posting as aforesaid
GENERAL RULE 4
It does not appear that the Southern Railway and Central of Georgia Railway Company when they put in this reduced rate between Brunswick and Blakely posted it at their stations and it does not appear that they furnished a copy of such change in this rate to the Commission
It is made the duty of the Commission to make such just and reasonable rules and regulations as may be necessary for preventing unjust discrimination in the transportation of freight and passengers in the railroads of this State
Civil Code 1911 Sec 2630
It was the purpose of the Commission in promulgating the rules above referred to to prevent unjust discriminations against shippers and localities Unless the Southern Railway and the Central of Georgia Railway Company complied with the above rules when they reduced this joint rate from Brunswick to Blakely then they were guilty of their violation and were engaged in a practice which might lead to unjust discrimination against shippers
If the Southern Railway Company did not comply with these rules then T do not think that the Commission ought to grant the permission asked for by this Company to refund the differences between the charges collected and the proposed charges If this Company complied with these rules then it could refund these charges without authority or permission from the Commission
Yours truly
James K Hines
Special Attorney
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AUTHORITY OF THE COMMISSION TO REQUIRE A RAILROAD COMPANY TO FURNISH SPECIAL EQUIPMENT FOR THE TRANSPORTATION OF A PARTICULAR COMMODITY
Railboad Commission of Georgia
Office of Special Attorney to Commission
Atlanta August 2 1911
Railroad Commission of Georgia Atlanta Ga
File 9425
Gentlemen Your letter of the 27th ult in which you ask my opinion upon the question whether under the law you have authority to require railroad companies to furnish special equipment for the transportation of particular commodities came duly to hand
Some authorities hold that a common carrier is not bound as a matter of law to furnish any particular kind of car for the transportation of goods but that a failure to do so may be a fact for the jury to consider in determining the question whether the carrier is guilty of negligence in not furnishing a suitable car
Udell vs I C R Company 13 Mo App 254
But the better rule at common law is if the goods are of such a nature as to require for their protection some other car than that required for ordinary goods and that cars adapted to the necessity are known and in customary use by carriers it is the duty of the carrier when he accepts the goods to furnish such cars for their carriage
2 Hutchinson on Carriers 3rd ed 549
Section 505
Beard vs Railway Company 79 la 518
Railroad Company vs Crowell 98 Va 227
6 Cyc 372
Under modern methods in the case of carriers by rail the rule would extend to proper refrigeration according to the established custom
2 Hutcheson on Carriers 3rd ed p 550 Sec 505
Johnson vs Railway Company 133 Mich 596
For instance when a railroad company accepts butter for shipment in the summer time and ships it in cars for ordinary goods when refrigerated cars are in customary use by the carriers such carrier violates its duty and is liable for damages for failure to furnish such special equipment
Heard vs Railway Company 79 la 518
It is the duty of the carrier to provide cars reasonably fitted for the conveyance of the particular class of goods it undertakes to carry
Railroad Company vs Crowell 98 Va 227
236
A railroad company undertaking to transport live stock is bound to provide suitable cars for that purpose of sufficient strength
6 Cyc 440
Betts vs I C etc R Co 92 Iowa 343
So in my opinion if a common carriers accepts ice for shipment and there are special cars for the transportation of ice or other commodity known and in customary use for carriers it would be its duty to furnish such special equipment
It is the duty of the railway company in furnishing cars in equipment to use such appliances and cars as are up to the standard of those in general use and reasonably adapted to the purpose for which they were intended
Alabama Midland R R Co vs Gilford 119 Ga 523
Such in my opinion is the duty of carriers at the common law They must furnish equipment of the standard in general use and reasonably adapted to the purposes for which cars are wanted
By the Act of August 22 1907 the Commission is authorized to require all common carriers to establish and maintain such public service and facilities as may be reasonable and just
Civil Code 1911 Section 2663
So in my opinion the Railroad Commission of Georgia has power and authority to require a railroad company to furnish such special equipment for the transportation of special commodities as may be reasonable and just and this is especially true when there is a class of equipment known and in customary use for such transportation
Yours truly
James K Hines
Special Attorney
WHEN AN INTERSTATE SHIPMENT CEASES TO BE INTERSTATE COMMERCE AND AUTHORITY OF THE COMMISSION OVER THE SAME
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta September 12 1911
Railroad Commission of Georgia Atlanta Ga
Gentlemen I have your letter of the 7th instant enclosing all the papers in file No 10117
I note you wish my opinion on the question
When does an interstate shipment cease to be interstate commerce and become subject to and under the control of the Railroad Commission
Again Does the payment of freight and the acceptance of the shipment by the consignee terminate the interstate contract of carriage or does the shipment still retain its interstate character in subsequent switching movements
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More particularly still Is a shipment which arrives in Atlanta over the L N and is on the order of consignee placed by that company on his siding and after being so placed is again reswitched on the order of the consignee to another siding still an interstate shipment or is such last movement an intraterminal movement for which provision is made in Freight Rule 23 the freight being paid to the carrier prior to this last movement
As I understand your inquiries these are the legal nuts which you wish me to crack and I shall do the cracking to the best of my ability
The interstate transportation of freight in carload lots from another state which have not been delivered to the consignee but remain on the tracks of the railway company in the condition in which they were originally brought into thd State is not complete and is still within the protection of the Commerce Clause of the Constitution
McNeil vs So Ry Co 202 U S 543
Houston Tex Cen Ry Co vs Moyes 201 U S 321
Am Steel Wire Co vs Speed 192 U S 500
Switching movements and track storage charges when associated with an interstate movement appertain directly to interstate commerce Such movements constitute a part of the interstate transportation and such charges represent the carriers compensation for services rendered in connection with the transportation
A shipment is not complete until arrival at destination and delivery to the consignee and the authority vested in Congress by the Commerce Clause of the Constitution covers everything related to the delivery of freight transported between states
Wilson Produce Co vs Pa R R Co 14 I C C Rep 170
Bowman vs C N W Ry 125 U S 465
To complete an interstate shipment of goods two things must happen First the goods arrive at destination Second they must be delivered to the consignee
So I answer your first question by saying that an interstate shipment ceases to be interstate commerce in a transportation sense when such shipment reaches destination and is delivered to the consignee
When is such delivery complete
When a railroad company has transported a car load of goods to destination the delivery is complete when the consignee verifies the goods in the car pays the charges and gives his receipt for the goods
Kenny Co vs A W P R R Co 122 Ga 365
6 Cyc 464
I answer your second question by saying that the payment of the freight and the acceptance of and receipt for the shipment terminate the interstate contract of carriage
I answer your last question by saying that any movement of freight after it reaches destination and is delivered to consignee if such a movement is
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wholly within the State is hot an interstate movement Such aftermovement wholly within this State is an intrastate movement and when interterminal is subject to Freight Rule 23A
Gulf C St Fe Ry Co vs Texas 204 U S 403
Mo P R Co vs Labaree Flour Mills Co 211 TJ S 612 624
In McNeil vs So Ry Co 202 U S 543 was presented and determined solely the power of a State Commission to make orders respecting the delivery of cars engaged in interstate commerce beyond the right of way of the carrier and to a private sidingan order which affected the movement of the cars prior to the completion of the transportation
I return you herein this file Yours very truly
James K Hines
Special Attorney
AUTHORITY OF THE COMMISSION TO REQUIRE A COMPANY SUBJECT TO ITS JURISDICTION TO MAINTAIN ITS PROPERTY IN A SANITARY CONDITION
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta November 16 1911
Railroad Commission of Georgia
Atlanta Ga
Gentlemen I have your letter of the 14th instant enclosing letter from Mr W F Stodghill and I note that you wish my opinion upon the question whether the Commission has jurisdiction over the matter referred to in Mr Stodghills letters
Mr Stodghill complains that sickness has been caused by the ponding of water in the Ocmulgee river caused by the erection of the dam in that river by the Georgia Power Company and he wishes to know whether you have jurisdiction to have the reservoir of the Georgia Power Company put in sanitary condition He also wishes to know if you havent jurisdiction over this matter who has
The Railroad Commission of Georgia has no jurisdiction over this matter If a nuisance has been created by the erection of this dam by the Georgia Power Company across the Ocmulgee river injured parties can seek redress in the courts
I enclose herein the letter from Mr Stodghill
Yours very truly
James K Hines
Special Attorney
239
RIGHT OF THE COMMISSION TO APPROVE STOCKS AND BONDS FOR
THE PERFECTION OF A MERGER WHEN THE QUESTION OF THE SUPPRESSION OF COMPETITION IS INVOLVED AND ALSO JURISDICTION OF THE COMMISSION OVER A LEASE BY ONE COMPANY SUBJECT TO ITS JURISDICTION OF ITS PROPERTY TO ANOTHER COMPANY
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta December 4 1911
File 10167
Railroad Commission of Georgia
Atlanta Ga
Gentlemen I have your letter of the 20th ult enclosing certain resolutions touching the application of the Georgia Railway Power Co for authority to issue stock and bonds
I note from these resolutions that you wish my opinion on two questions The first is assuming that the consolidation of the various companies mentioned in the application of the Georgia Railway Power Co and for the consolidation of which this stock and bonds are wanted is in violation of Art 4 Sec 2 Par 4 of the Constitution of Georgia would this fact furnish a valid and legal reason for the refusal of the Commission to authorize an issuance of stock and bonds to be used in effecting this illegal and unconstitutional purpose The second question is has the Commission jurisdiction to approve the proposed lease by the Georgia Railway Electric Co of its properties to the Georgia Railway Power Co
The answer to the first question involves the proper construction of Sec 8 of the Act of August 22 1907
This section is as follows 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 evidences of debt payable more than twelve months after date thereof except upon the approval of said Railroad Commission and then only when necessary and for such amount as may be reasonably required for the acquisition of property the construction and equipment of power plants carsheds and the completion extension or improvements 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 within the spirit of this provision the decision of the Commission to be final as to the validity of the issue
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 purpose and use for which the issue is authorized
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Such corporations or companies may issue notes or other evidences of indebtedness for proper corporate purposes and not in violation of any law payable at periods of not more than twelve months from date without such consent hut no such notes or other evidences of indebtedness shall in whole or part directly or indirectly he 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
Civil Code Sec 2665
Can the Railroad Commission under this law disapprove an issue of stock or bonds which a company under its jurisdiction proposes to issue for any of the purposes named in this section when such issue is necessary and the amount thereof is reasonably required for such purposes on the ground that the corporate enterprise is violative of its charter the Constitution and the public policy of this State on the subject of monopoly In the charter of the Georgia Railway Power Co it is declared that the State of Georgia hereby grants unto the above named persons their successors and assigns full authority by and under the said name of the Georgia Railway Power Co to exercise the powers and privileges of a corporation for the purposes above stated subject to the provisions of Article 4 f the Constitution of this State and all the laws governing companies of force at the date of this certificate or that may hereafter become of force either by constitutional or statute law or by any rules and regulations of the Railroad Commission of this State or otherwise which govern and control the operation of railroads in this state
Now if this company applies to the Commission for authority to issue stock and bonds with which to buy shares or stock in other corporations in this State in violation of Article 4 of the Constitution of Georgia then in my opinion the Commission should refuse its approval of such issue of stock and bonds
In arriving at this conclusion I have considered the general scope and the purposes of the Act of August 22 1907 and construed Section 8 of this Act with other sections and other portions thereof Let us consider some of the powers conferred on the Commission by the Act of August 22 1907
The Railroad Commission shall have the general supervision of
street railroads gas or electric light and power companies
within this State
Civil Code Sec 2663
This broad and general power of supervision means something It must necessarily include other powers than those specially enumerated in the several acts conferring power on the Railroad Commission of this State
The difliculty of making a specific enumeration of all the powers the legislature confers on Railroad Commissioners for the regulation of carriers renders it necessary to confer some power in general terms and general powers given re intended to confer other powers than those enumerated
State vs Atlantic Coast Line R Co 54 So 900
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When the legislature gives the Commission general supervision over the companies under its jurisdiction the General Assembly seems to have clothed the Commission with all its power of supervision over these corporations but it is unnecessary to go so far in this case
Said Commission is hereby given authority to examine into the affairs of said companies and corporations and 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 services to the public and employees but also with reference to their compliance with all provisions of law orders of the commission and charter provisions
Civil Code Sec 2663
For what purpose is this authority given to the Railroad Commission Why is power given to the Commission to keep informed as to the general condition capitalization and the franchises of the corporations subject to its jurisdiction and the manner in which their lines owned leased or controlled are managed conducted and operated
In the first place this power is given to the commission to the end that it may see that these companies furnish adequate and safe service to the public and their employees
In the second place this authority is given tc the Commission to enable it to compel these companies to comply with all provisions of law orders of the Commission and charter provisions There is a momentous provision of law contained in Art 4 Sec 2 Par 4 of the Constitution of Georgia and it is made a charter provision in the charter of this company
Power and authority are given to the Commission to inquire into the franchise of this company which are defined in its charter in order to see what these franchises are and to ascertain the provision of its charter in order to see that these companies comply with these charter provisions
It seems to me thatit will be extremely absurd and illogical to hold that the Commission could approve an issue of stock and bonds in order that this company could buy shares in other corporations in violation of the Constitution then let this company invest its money in such illegal enterprise then turn around and make an examination into its affairs to see if the company was complying with all provisions of law and its charter and then report to the governor that this company with the funds arising from the sale of its stock and bbnds which the Commission had approved with full knowledge of the use to which they would be put had become the owner of shares in other corporations the effect of which was to create or encourage monopoly and that in this way the company was not complying with the provisions of the Constitution of the State and the provisions of its charter on this subject
The State through one of its administrative boards should not be a party to the approval of an issue of stock and bonds the proceeds of which were
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known to be used for the consolidation of corporations in the teeth of its Constitution and laws
Let me illustrate A corporation has an authorized capital stock of 100000 It applies to the Commission for authority to issue 200000 of stock to be sold and the proceeds used for the purposes mentioned in Sec 8 of the Act of August 22 1907 Should not the Commission refuse its sanction to such an issue of stock Most clearly it should Suppose the Georgia Railway Power Co should apply for authority to issue 100000 of bonds for the purpose of erecting a brewery in a dry town like Savannah This would be clearly a Ultra Tires Should not the Commission decline to authorize such a bond issue I think it should Why Because while the company would be using the proceeds of these bonds for the identieal purposes named in this Act it would be transcending and violating the provisions of its charter
The purposes of the Act of August 22 1907 and other Acts conferring power on the Commission are as follows
1 To protect the consuming public against unjust and unreasonable rates unjust discriminations and inadequate and unsafe service
2 To protect the investing public against fictitious fraudulent and watered stock and bonds
3 To require all corporations subject to the jurisdiction of the Commission to comply with all provisions of law and all their charter provisions and to create a tribunal with power and authority to examine into their affairs franchises and the manner in which they operate control and manage their properties in order to see that this is done
In order to effectuate the two last named purposes the Commission under Sec 8 of the Act of August 22 1907 must see that issues of stock and bonds are for the purposes named in that section but it must go a step farther It must see that such issues of stock are otherwise lawful and when the declared use is manifestly illegal in that it violates the provisions of the charter of the company and the Constitution of the State the Commission should decline to approve such issues
Under Section 8 corporations can issue notes or other evidence of indebtedness for proper corporate purposes and not in violation of any lam payable at periods of not more than twelve months from date without the consent of the Commission
So in issuing these short time notes or evidences of debt which these companies can issue without the consent of the Commission the legislature was careful to declare that they must be for proper corporate purposes and not in violation of any law If this is so as to these short time notes or evidences of indebtedness which these companies can issue without the consent of the Commission how much more important is it that stock and bonds must be for proper corporate purposes and not in violation of any law and that the Commission should refuse its sanction if they were not for such purposes
In reaching this conclusion I have done it not without pain of doubt and I shall briefly state the grounds of this doubt
It has been strongly urged by counsel for applicant that this is a matter for the courts and that you can not refuse an issue of stock on bonds because
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the same is Ultra Vires or because the proceeds will be used for an illegal purpose Counsel contend that the question of whether the acquisition of the properties involved is legal under the Constitution is one to be decided by a court in a judicial proceeding when raised by proper parties
It is true that an advantage can not be taken of the misuser of an Act of incorporation in any collateral action
Union Brand R Co vs E T G R Co 14 Ga 327
Clearly in any collateral proceeding it could not be set up that a company had forfeited its charter for misuser and still more clearly this could not be done when only a misuser was threatened
But the question at bar is different By the Act of August 22 1907 authority is given the Commission to inquire into the affairs of companies under its supervision to see if such companies are complying with all provisions of law and their charters and if on an application for an issue of stock and bonds the Commission discovers that the use to which such stock and bonds will be put will be a misuser on the part of the applicant and in violation of the Constitution and its charter then what must the Commission do Must it approve or disapprove
It must disapprove and in so doing it does hot undertake to declare the charter of such company forfeited The Commission only declines to approve an act which will amount to a misuser on the part of the corporation and thus protects the public and its stockholders from the consequences of such illegal act
Another ground of doubt is that I have not properly construed the Act of August 22 1907 In my investigation of this question I have found two decisions construing a similar provision in the Act creating the New York Public Service Commission which may seem to be in conflict with this opinion
The first one of these decisions is the People vs Public Service Commission 197 N Y 1 In this case the Commission of New York declined to approve an issue of securities because the corporation had made an unwise investment
In reversing this action of the Commission the Supreme Court of New York says
The paramount purpose of the enactment of the Public Service Commission law was the protection and enforcement of the rights of tle public One of the legislative purposes in the enactment of the statute was to prevent the issue of stocks and bonds by public service corporations if upon an investigation of the facts it was found that they were not for the purposes of the corporation enumerated by the statute and reasonably required therefor It was not however designed to make the commissioners the financial managers of the corporation or to empower them to substitute their judgment for that of the board of directors or stockholders as to the wisdom of a particular investment
The other case is that of the People vs Public Service Commission 137 App Div N Y 811 This case is more in point In New York the public
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policy is in favor of beneficent monopoly In that case the New York Commission declined to approve an issue of securities because there was a corporation already in existence furnishing service to the public
The appellate division of the Supreme Court of New York reversed the Commission and in so doing says
While it is the general policy of the State to prevent competition in the business of electric lighting where the present companies are giving satisfactory service and to encourage a beneficent monopoly yet the right to determine whether or not such competition shall be permitted and when rests with the legislature and has not been delegated to the Public Service Commission
It is but right to say that the Public Service Corporation law of New York contains substantially all the provisions hereinbefore referred to as contained in the Act of August 22 1907
In this last New York case the Court construed the provision in the New York act in reference to the issuance of stock and bonds by itself and made no reference to the other powers conferred upon the Commission of that State in other sections of that act I think that they should be construed in pari materia and together
Resides the charter of the New York corporation expressly authorized it to issue its stock and bonds for the very purpose which the New York Commission condemned In the charter of this company its powers and franchises are expressly granted subject to all provisions of Art 4 of the Constitution of Georgia
So in my opinion assuming that the proposed consolidation and ownership of stocks violate the public policy of this State as declared in Par 4 Sec 2 Art 4 of the Constitution of Georgia the Commission should not approve the proposed issueof stock and bonds
In answer to your second question I can not think the Commission has jurisdiction to approve or disapprove the proposed lease by the Georgia Railway Electric Company to the applicant
James K Hines
Special Attorney
RIGHT OF A RAILROAD COMPANY TO LIMIT TIME WITHIN WHICH PASSENGER TICKETS SHALL BE USED
Railroad Commission of Georgia
Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta December 11 1911
Gentlemen I have your letter of the 7th inst enclosing the correspondence in the above file and I note that you wish my opinion upon the question whether a railroad company can refuse to accept for transportation
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tickets for which full firstclass fare was paid when the same hear on their faces notice that they will not be good for passage after a certain number of days I further notice that your worthy secretary in considering this matter for three or four days could not help but think that he had heard somewhere of a court decision in this State to the effect that railroad companies had no right to refuse to accept for transportation tickets for which full firstclass fare was paid even though the ticket bore on its face notice that the same was invalid after a certain number of days For his and our consolation these nebulous thoughts in the realm of law are based on rock bottoms of fact and yet they do not represent the true law of the case It is not a difficult task to find decisions of the same court on both sides of the same question This seems to be true of the Supreme Court of Georgia
In the earlier cases the Supreme Court held that the law now found in Civil Code Sec 2776 was applicable to a carrier of passengers and in consequence held that in the absence of any express agreement as to the time in which the ticket may be used it would undoubtedly entitle the purchaser to a passage over the road of the carrier issuing the same at any time within the period in which the contract entered into between them might be enforced
Phillips vs Ga R R Co 93 Ga 356
Boyd vs Spencer 103 Ga 828
In this latter casethe Supreme Court says An entry on the ticket to the effect that it must be used within a time therein specified does not make an express contract
In that case the ticket had stamped upon it a statement that it would expire by midnight of the next day and the Court held that it took an express contract between the carrier and the passenger to make this time limit good
It was doubtless this case which was flirting with our secretary during the time he was considering this question and it was well calculated to deceive a wooer of the law even though he were much older than the secretary of the Commission
But the Supreme Court has declared that the true law of the case is different In a later utterance it spoke as follows f
A carrier of passengers however has the legal right to make reasonable rules and regulations for the conduct of its business in the transportation of passengers When a regulation is made affixing a limit to the time in which a ticket shall be good and the time of the limit affords to the passenger ample opportunity to make his journey with safety and convenience to himself such a regulation if otherwise reasonable becomes a part of the contract of carriage and if after the expiration of the limit of time specified on his ticket the passenger tenders the same for his transportation and for refusing to pay fare is ejected from the train in a decorous and proper
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manner by the conductor such ejection affords no cause of action against the carrier
Southern Ry Co vs Watson 110 Ga 681
Until our Supreme Court changes its mind the above is the true law on this subject
I return herein all the papers in this file Yours truly
James K Hines
Special Attorney
LIABILITY OF A CONSIGNEE FOR UNDERCHARGE ON A PREPAID
SHIPMENT
Railroad Commission of Georgia
Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta January 3 1912
Gentlemen Your letter of the 19th ult enclosing the letter of the Gallaher Grocery Company came duly to hand
This letter does not sthte the facts with sufficient fullness to enable me to give such an opinion as I would like to furnish you in this matter
I take it for granted that these two car loads of meat was shipped from beyond this State to this company at Montezuma Georgia
In Interstate Commerce though a common carrier by mistake or otherwise quotes a carrier a rate lower than that stated in the schedule and delivers the goods upon payment of the charges calculated according to the rate so quoted the carrier may nevertheless thereafter demand of the shipper the difference between the rate collected and that which should have been collected and upon his refusal to pay may maintain an action therefor
Savannah Etc Ry Co vs Bendick 94 Ga 750 Ga R R vs Creety 5 Ga App 424
But in this case the question is not whether the carrier can collect the correct charges but whether the consignee or shipper is liable for the payment of these undercharges
I note that the shipments came to the Gallaher Grocery Company by prepaid bills of lading and from this statement I take it for granted that the shippers undertook to prepay the freight on these two car loads of meat
As the carrier is in general entitled to freight from the consignee as a condition of the delivering of the goods the consignee who actually receives the goods is liable for freight although it may not have been exacted before delivery
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6 Cyc 501
Hill vs Leadbetter 42 Me 572
Union Fre R Co vs Winkly 159 Mass 133
Old Colony R Co vs Wilder 137 Mass 536
Dart vs Ensign 2 Lans N Y 372
Hatch vs Tucker 12 R L 501
Sumner vs Walker 30 Fed 261
Phila Etc R Co vs Barnaid 3 Bon U S 39
While the consignee is thus liable for the freight if a consignor ships freight under an agreement to prepay the freight and does in fact undertake to pay the same the last connecting carrier delivering such freight with notice of the agreement that the shipper was to pay the freight charges could not collect any under charges from the consignee If the bill of lading reciting the fact that the freight charges had been paid and the delivering carrier received the goods under such bill of lading then the delivering carrier could not look to the consignee for undercharges but must look to the consignor or receiving carrier for such charges
G R Banking Co vs Murrah 85 Ga 343 347
If the receiving and delivering carriers were acting under an arrangement by which they were connected as carriers or joint contractors in the business of transportation and the initial carrier received the goods under a contract by which the shippers were to pay the freight charges then the last carrier must look to the first carrier or shipper for these undercharges
Bird vs R R 72 Ga 655 G R Co vs Murrah 85 Ga 347
I return herein the letter of the Gallaher Grocery Company
Yours truly
James K Hines
Special Attorney
FREE TRANSPORTATION FOR INMATES OF THE GEORGIA ASSOCIATION FOR THE BLIND
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta January 15 1912
Railroad Commission of Georgia Atlanta Ga
File 10268
Gentlemen I have your letter of the 5th instant enclosing petition of the Georgia Association for the Blind From this petition it appears that petitioner is a corporation organized for the purpose of furnishing the blind the means of gaining their own livelihood To this end said association is operat
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ing an industrial work shop in the city of Atlanta for manufacturing brooms and canechairs It further appears in this petition that all sums derived from the labor of those who work at this shop are turned over to the workers all of whom are blind people It further appears that said petitioner employs a field secretary a guide and an instructor and superintendent all of whom derive their income from the association and who are engaged solely and exclusively in the successful operation of said industrial work shop It further appears that most of these workers are indigent people and at present are too unskilled to earn enough wherewith to supply their own living and who receive pensions from said association
Petitioner wants the Georgia Railway Electric Company to furnish it with enough street railway passes to cover and make unnecessary the expenses incurred by it in defraying the street car fares of its field secretary guide and people too poor to pay for their own transportation Petitioner asks for your opinion upon the question whether or not the street car company would be violating the orders of the Commission upon the subject of the giving of free transportation
General Order No 3 prohibits the giving of any free ticket free passes or free intrastate transportation for passengers except on the terms provided by the Hepburn act
Under the Hepburn act free transportations can be furnished to inmates of hospitals charitable and eleemosynary institutions and persons exclusively engaged in charitable and eleemosynary work and to indigent destitute and homeless persons and to such persons when transported by charitable societies or hospitals and the necessary agents employed in such transportation
Under this provision of the Hepburn act free passes can be granted to the following persons towit
1 Inmates of hospitals and charitable and eleemosynary institutions
2 Persons exclusively engaged in charitable and eleemosynary work
3 Indigent destitute and homeless persons
4 To such persons when transported by charitable societies or hospitals
5 The necessary agents employed in such transportation
Assuming that the Georgia Association for the blind is a charitable institution then these workers do not fall under the first class above mentioned because this class is confined to inmates of charitable and eleemosynary institutions
These workers do not fall under the second class above named because they are not exclusively engaged in charitable and eleemosynary work
If any of these workers are indigent destitute and homeless persons then the street railway company could give free transportation to these individuals but not to this association It does not appear from the facts stated in this petition that any of these workers fall within this class It may be that some of these blind workers are indigent destitute and homeless persons If so the street railway company can give them individually free transportation if it sees fit
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Petitioner further wishes free transportation for its Field Secretary and Guide Whether free transportation can be granted to these persons depends upon whether this association is a charitable institution The Interstate Commerce Commission defines such an institution as follows
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 be exclusive It is only representative It is only necessary that it be conducted in the public interest and not for gain
15th Int Com Com reports pg 45
If the directors of this association are conducting it in the public interest and not for private gain then it will fall within this definition of a charitable institution This character of the institution would not be destroyed by the fact that any gains which may be made in the operation of its work shop are applied to the support and maintenance of the association For instance a hospital might charge those who were able to pay and still be a charitable institution if the gain so made were applied to the maintenance and treatment of the indigent
From the facts stated in this petition I think this association comes within the definition of a charitable institution
It does appear from this petition that its Field Secretary and Guide are exclusively engaged in this charitable work If they are so engaged and are not making gain out of this association then the street railway company could grant to these individuals free transportation If these persons give their entire time to the work of this association and have no outside employment then the street railway company could give them free transportation
I return herein the petition of this association
Yours truly
James K Hines
Special Attorney
DUTY OF A RAILROAD COMPANY TO ALLOW CARS TO GO BEYOND ITS
OWN RAILS
Raileoad Commission of Geobgia
Office of Special Attobney to Commission
Atlanta January 25th 1912
File 10163
Railboad Commission of Geobgia
Atlanta Ga
Gentlemen I have your letter of the 18th instant enclosing the papers in the above file
It appears from the papers in this file that Messrs J R T Bunn own a tramroad which connects with the Railway of the Atlantic Coast Line at Fair
250
fax Georgia Prior to June 5th 1911 the Atlantic Coast Line Railroad Company furnished cars to the Messrs Bunn to be loaded and unloaded on their tramroad but on that date the Atlantic Coast Line notified these parties that they would not furnish them any more cars to be taken out on their tramroad to he loaded or unloaded It further appears that prior to that date two box cars which the Messrs Bunn had gotten from the Atlantic Coast Line had been destroyed in a wreck on their tramroad and that the Messrs Bunn had declined to pay an amount sufficient to cover the loss sustained by the Atlantic Coast Line
It further appears that the Atlantic Coast Line is furnishing cars to be loaded and unloaded on other tramroads along its line of Railway
I note that you wish my opinion upon the question whether it is the legal duty of the Atlantic Coast Line Railroad Company to furnish to Messrs Bunn cars under the circumstances appearing from the papers in this file
I take it for granted that Messrs Bunn are doing business as common carriers over their line of railroad If so the provisions of law governing the duty of common carriers apply to them because they apply to all persons firms companies and all associations of persons whether incorporated or otherwise that shall do business as common carriers upon any of the lines of railroads in this State
Civil Code Sec 2642
By the common law there is no duty upon a railroad company to furnish cars beyond its own line
Coles vs Central Railroad 86 Ga 251 State vs Wrightsville R Co 104
Ga 437 Central Ry Co vs Murphey 116 Ga 66 Central Ry Co vs
Augusta Brokerage Co 122 Ga 650 Pennington vs Douglas Ry Co 3 Ga
App 675
The Atlantic Coast Line Ry is under no obligation to furnish cars or equipment to these gentlemen for use upon their tramroad except in certain instances
If these gentlemen are operating their tramroad as a common carrier then the Coast Line Ry Co should switch off and deliver to the road of these gentlemen if of the same gauge all cars passing over its lines or any portion of the same containing goods or freights consigned to any point over or beyond such connecting road
Civil Code Sec 2655
It is the duty of each carrier to provide itself with sufficient equipment including cars to transport the ordinary and usual amount of freight which is tendered it for transportation and it can not require other carriers to furnish it such equipment
General Rule No 2 Requires the several railroads in the conduct of their intrastate business to afford to all persons equal facilities in the conduct of such business without unjust discrimination in favor of or against any and wherever special facilities are afforded to one patron such companies should be
251
bound to afford to any other patron or patrons under substantially similar circumstances like facilities upon like rates
It is claimed by Messrs Bunn that the Coast Line Ry Co is discriminating against it by furnishing to other tramroads along its line cars to be loaded and unloaded thereon It does not appear from the papers in this file that this is being done under substantially similar conditions In the first place it appears that the other tramroads pay for such equipment when the same is destroyed upon their lines while Messrs Bunn decline to pay for such equipment when so destroyed In the second place it appears that the sawmill of the Sessions Lumber Company is not on the line of the Atlantic Coast Line and that in order to get the lumber of this Company the Atlantic Coast Line Railroad furnishes to this company cars to be taken to its mill there to be loaded and returned to the Coast Line for transportation The sawmill of Messrs Bunn is situated on the line of the Atlantic Coast line and the Atlantic Coast Line furnishes to them all cars necessary to be loaded with the products of their sawmill
Under the facts stated in the papers of this file I do not think that it Is the duty of the Atlantic Coast Line Railroad to furnish cars to these gentlemen to be loaded and unloaded upon their railroad except in cases where carload shipments are made over the Atlantic Coast Line Railroad to be delivered to consignees along the line of these gentlemen In this latter case Messrs Bunn must be doing business as a common carrier before the Atlantic Coast Line Railroad could be required to do this furthermore these gentlemen would have to comply with the usual and customary requirements of carriers in paying for such equipment whendestroyed upon their line
I return herein the papers in this file
Yours truly
James K Hines
Special Attorney
RIGHT OF A RAILROAD COMPANY TO SEPARATE AND ISSUE SEPARATE BILLS OF LADING FOR DIFFERENT PACKAGES COMPOSING A SHIPMENT
Railroad Commission oe Georgia
Office of Special Attorney to Commission
Atlanta February 9th 1912 File 10296
Railroad Commission of Georgia Atlanta Ga
Gentlemen Your letter of the 26th ult enclosing papers in the above file came duly to hand I note that you wish my opinion upon the question whether when a shipment of high explosives blasting caps etc are tendered a common carrier at one time from one consignor to one consignee can such common carrier issue separate receipts or bills of lading therefor and collect freight
252
charges on each item tendered it for transportation separately In other words can a common carrier take each item of such shipment as a separate package and charge the minimum charge on each article shipped
The Commission does not seem to have passed any freight rule governing the shipment of packages in less than car load lots Freight Rule 2 requires railroads to promptly receive goods offered for shipment and to issue duplicate receipts or hills of lading therefor when required hy the consignor It further provides that such bills of lading shall show separately and in detail the weight and freight class of each kind of goods embraced in the shipment and the total rate per hundred lbs per ton or per car load to be charged for transporting each kind to destination
This rule seems to authorize the carrier in cases of package shipments of freight of different kinds to charge separately for transporting each class
Rule 30 provides for mixed shipment in car load lots and authorizes the carrier to charge in case the articles are in different classes the highest car load rate and minimum weight of either of the articles embraced in such mixed shipment
The Georgia classification seems to put gun powder and other explosives in the same class and this classification would embrace blasting caps Ordinarily a shipment of mixed articles of this class would have to be transported when tendered to a carrier as a single shipment and the carrier would not he permitted to collect the minimum charge on each article
A common carrier 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 2729
In the absence of any rules promulgated by the Commission upon this subject the carrier can adopt reasonable regulations for the transportation of explosives If the transportation of high explosives and blasting caps in one shipment and in the same car is dangerous to the carrier and the public the carrier in my opinion could require such articles although of the same class to be transported as separate and distinct shipments and in separate cars and would have the right to charge th minimum freight rate for their transportation
I am clear that intrastate shipments of these articles in trains engaged in interstate commerce are subject to the regulations on this subject promulgated by the Interstate Commerce Commission The order of the Interstate Commerce Commission makes it unlawful for a common carrier to load blasting caps in a car with high explosives So in cases of intrastate shipments on interstate trains this regulation of the Interstate Commerce Commission governs and the carrier is required to make separate shipments of these articles not In the same cars and the carrier can charge the minimum freight rate on each of such articles
If the shipment is on a train not engaged in interstate commerce and in the absence of regulations on this subject by thef Railroad Commission of Georgia the carrier can make reasonable regulations for the transportation of high ex
253
plosives and blasting caps If the regulation requiring these articles to be shipped separately and in different cars is a reasonable regulation for the protection of the carrier and the public then the carrier can make such separate shipments of these articles and charge the minimum freight rate on each of these articles In my opinion such regulation would be reasonable looking to the safety of the public and the welfare of the carrier Besides in this particular case the shipper seems to have accepted separate bills of lading for these articles and thus to have made separate contracts of transportation with the carrier
I enclose herein the papers in this file
Yours very truly
James K Hines
Special Attorney
LIABILITY OF CONSIGNEE FOR UNDERCHARGE ON A PREPAID
SHIPMENT
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta February 12th 1912
Railroad Commission of Georgia Atlanta Ga
File 10265
Gentlemen I have your letter of the 6th instant in reference to my opinion in reference to liability of consignees for undercharges on prepaid shipments and note that the General freight agent of the Central of Georgia Railway has requested that I advise whether I will modify my opinion in view of the case of the Central of Georgia Railway Company vs Willingham 8 Ga App 817 I think this case is well decided under its peculiar facts but I do not think that the opinion furnished by me should be changed or modified In the Willingham case the consignees were to pay the freight and deduct the same from the purchase price of the lumber shipped them The Court of Appeals in this decision states the general rule towit that the owner of a shipment is the proper party to proceed to collect an overcharge and is the party liable for any deficiency in the amount charged on a shipment Conceding that this is the general rule there are exceptions to it If the shipper agrees to prepay the freight and undertakes to do so and the initial carrier receive the goods and undertakes to collect the freight and the delivering carrier is aware ot the agreement by which the shipper is to deliver the goods to the consignees with the freight prepaid and the delivering carrier delivers the goods to the consignee then the delivering carrier must look to the shipper or the initial carrier for any undercharges in freight
254
I hope that I have no undue repugnance to eating crow when such a diet Is proper but I do not think that I should indulge in this diet in this case
Yours truly
James K Hines
Special Attorney
AUTHORITY OF THE COMMISSION TO REQUIRE PUBLICATION BY RAILROAD COMPANIES OF TARIFFS CARRYING JOINT RATES PRESCRIBED BY THE COMMISSION
Railroad Commission of Georgia
Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta January 18 1912
Gentlemen I have your letter of the 17th instant enclosing the papers in the above file and note that you wish my opinion upon the following question towit Can the Southern Ry decline to publish rates on traffic from Atlanta to Carrollton via Bremen on basis of the rates prescribed in Circular No 360 and thereby refuse to participate in traffic on the rates ordered in by the Railroad Commissi on of Georgia
It appears in the correspondence in this file that the Southern Ry Co does not participate in but declines to participate in and handle traflic from Savannah and Atlanta to Carrollton Ga and this company asks the authority of the Commission to cancel its published rates from these points of origin to Carrollton Ga In other words the Southern Ry is declining to receive freight from these points of origin for Carrollton and to carry the same over its line to Bremen and there deliver the same to the Central of Georgia Ry Co to he carried to Carrollton
By the law of this state all railroad companies 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 freight by any route at the option of the shipper according to customary or published rates tc any point over or beyond such connecting road
Civil Code Sec 2655
In my opinion the Southern Ry Co can not decline to accept freight for Carrollton when routed over its line and over the Central of Georgia Ry via Bremen and the Commision should decline to authorize this company to cancel any rates for such transportation In my opinion the Southern Ry can not legally decline to publish these rates
Besides it is the duty of the Commission to Make such just and reasonable rules and regulations as may be necessary forpreventing unjust discrimination in the transportation of freight and passengers on the railroads of this State
255
Civil Code Sec 2630
Its an unjust discrimination against Carrollton Savannah and Atlanta for the Southern Ry Co to decline to receive freight from the two former points of origin for Carrollton
L N R R Co et al vs C N O T P R R Co et al
22 I C C Rep 62
It might be best to meet this situation for the Commission to fix through rates for Carrollton from these points of origin over the several railways by which Carrollton can be reached The Commission is expressly authorized to make such through rates after thirty days notice to the connecting carriers
Civil Code Sec 2630
Yours very truly
James K Hines
Special Attorney
AUTHORITY OF THE COMMISSION T REQUIRE PUBLICATION BY RAILROAD COMPANIES OF TARIFFS CARRYING JOINT RATES PRESCRIBED BY THE COMMISSION
Supplementary to opinion rendered under date of January 18th 1912
Railroad Commission of Georgia
Office of Special Attorney to Commission
Railroad Commission of Georgia Atlanta Ga
Atlanta February 13th 1912
Gentlemen In Re Rate Adjustment to and from Carrollton
I have gone through the papers in this file again and have again considered carefully the question raised by the carriers concerned and especially that raised by the Seaboard Air Line Railway
The question is this Is it the duty of a carrier under the laws of Georgia to receive and transport freight from shippers at points of origin on its lines to points of destination on the lines of another carrier which can not be reached by the lines of the initial carrier but which can only be reached by the receiving carrier transporting and delivering the goods to such other carrier at some point where such carriers connect when such other carrier has its own lines of railway irom such points of origin to such points of destination By way of illustration the Seaboard Air Line Railway has a line of railway from Athens Ga to Atlanta Ga where it connects with the line of the Southern Railway at Atlanta Ga which latter road connects with the Central of Georgia Railway at Bremen Ga which latter road runs to Carrollton Ga Again the Seaboard Air Line Railway has a line from Athens to Cedartown where it connects with the Central of Georgia Railway which has a line from Cedartown to Carrollton Now can a shipper at Athens send his
256
goods by the Seaboard to Atlanta there to be delivered to the Southern to be transported to Bremen and at this latter point delivered to the Central to be taken to Carrollton and is it the duty of the Seaboard to receive and so carry such freight Or can a shipper at Athens deliver his goods to the Seaboard to be taken to Cedartown and there delivered to the Central for carriage to Carrollton and is it the duty of the Seaboard to receive and so carry such goods
As I understand the Seaboard contends that it is not its duty as a common carrier to so receive and transport freight tendered it by Athens shippers for Carrollton
I do not agree with this contention of the Seaboard Air Line Railway In my opinion it is bound to receive and forward all such freight as may be tendered it for shipment from Athens to Carrollton
It may not be required to give through bills of lading or to furnish its cars to another carrier without compensation for their use
Coles Simkins Co vs C R B Co 86 Ga 251
State of Georgia vs W T R Co 104 Ga 437
It is unnecessary to consider the question whether these decisions are now in force in view of later legislation
A common carrier is bound to receive all goods offered that he is able and accustomed to carry
Civil Code Sec 2729
This is but a codification of the common law By that law a common carrier is bound to receive and carry all the goods offered for transportation subject to all the responsibilities incident to his employment
New J Steam Nav Co vs Merchants Bank 6 How 343 382 12 L
Ed 465
Railroad Co vs Manufacturing Co 16 Wall 318 328 21 L Ed 297
York Co vs Central R Co 3 Wall 107 112 18 L Ed 170
Inman vs S C R Co 129 U S 128 32 L Ed 612T
Wabash R Co vs Pierce 192 U S 179 187
Myrick vs Mich etc R Co 107 U S 102 106 27 L Ed 325
Winona etc R Co 94 U S 180 24 L Ed 99
Propeller Niagara vs Cordes 21 How 7 22 16 L Ed 41
Atchison etc R Co vs Denver etc R Co 110 U S 667 674 28 L Ed
291
This is the duty of a common carrier whether the goods are shipped to a consignee on its own line or to a connecting carrier to be carried and delivered to a consignee on the line of the latter
By the common law and independently of the laws of this State and the rules of its Railroad Commission the Seaboard Air Line Railway can not decline to receive goods from Athens shippers for carriage to Carrollton via its line and those of other carriers reaching that place
257
The railroad commission of this state is vested with full power and authority to make prescribe and enforce all such reasonable rules regulations and order as may be necessary m 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 or receives by them for transportation
Civil Code Sec 2634
Further the railroad commission is authorized to require all common carriers and other public service Companies under their supervision to establish and maintain such public service and facilities as may he reasonable and just either j general rules or by special orders in pnrticulnr cuses
Civil Code Sec 2663
Freight Rule 3 requires that 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
Besides Freight Rule 33 provides that whenever a shipper tenders freight to any railroad company 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 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 carrier to so deliver to its connection and each succeeding company shall do likewise as will cause compliance with such routing instructions
The Commission had the power and authority under the above recited legislation to promulgate Freight Rules 3 and 33
I am inclined to hold that the Commission can require carriers to issue
through bills of lading but this is doubtful
By the common law an initial carrier is bound to receive and forward to destination all freight tendered itfor transportation whether the consignee is an individual or a connecting carrier and under the above rules the initial carrier is bound to receive and forward according to routing instructions and each succeeding carrier is required to receive such freight and forward in accordance with such instructions
I am of the opinion that the Seaboard Air Line Railway is bound to receive all freight tendered it by Athens shippers for Carrollton consignees and to forward it by such route as the shippers may direct
Yours truly
James K Hines
Special Attorney
258
SEPARATION OF RACES IN SLEEPING CARS Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta February 16th 1912
Railroad Commission of Georgia Atlanta Ga
Gentlemen I have your letter of the 13th inst enclosing telegram of the same date from JVIr John D Walker to Commissioner Gray in which he wires that he left Atlanta on the night before on Southern train No 36 and found that several negroes had gotten berths at Atlanta while white passengers were not supplied with sleepers In his telegram Mr Walker wishes to know if some action should be taken to stop such social equality privileges and objectional practice
In your letter transmitting this telegram you wish me to furnish you with my opinion upon the question of the authority of the Commission under the law to take any formal action with a view of preventing situations of this kind
In my opinion the Commission has no power and authority to remedy this situation Mr Walker will have to appeal to the legislature and Congress
The legislature of Georgia has passed a law requiring railroads doing business in this State to furnish equal accommodations in separate cars or compartments of cars for white and colored passengers but this law expressly provides that it shall not apply to sleeping cars
Civil Code Sec 2717
It seems that the legislature has taken action prohibiting white and colored passengers from riding together in the same cars but permitting white and colored passengers to sleep together in the same cars This has always struck me as anomalous
By another statute sleeping car companies and railroad companies operating sleeping cars in this State have the right to assign all passengers to seats and berths and can separate the white and colored races in making said assignments and the conductor and other employees on the train to which said sleeping cars may be attached shall not permit white and colored passengers to occupy the same compartment This statute further provides that nothing therein contained shall be construed to compel sleeping car companies to carry colored persons in sleeping or parlor cars Conductors have police powers to enforce the provision of this act
Civil Code Sections 2724 2725
As the statute of this State expressly declares that the races can not be segregated in sleeping cars but they can only be assigned to separate berths or compartment I do not think that the Commission has the power and authority to make a rule or regulation separating the races in sleeping cars
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It is competent for the legislature of this State to pass a law requiring the separation of the two races in public conveyances in intrastate journeysand such a law is not unconstitutional
Plessy vs Ferguson 160 U S 537 Chesapeake etc R Co 179 U S 388
The L N O T Ry Co vs Mississippi 133 U S 587 33 L Ed 784
The legislature would hardly have authority to pass a statute regulating this subject in reference to interstate journeys
Hall vs De Cuir 95 U S 485 24 L Ed 547
The segregation of white and colored passengers on interstate journeys is a reasonable regulation of interstate traffic and carriers can make and enforce such regulations under the act to regulate commerce
Heard vs Ga R Co 1 I C C Report 428
Council vs W A R Co 1 I C C Report 247
Edwards vs N C St L Ry Co 12 I C C Report 247
The railroads of the South if they see fit could put into effect and force this regulation without legislation and the Commission might call their attention to the complaint filed by Mr Walker
I return herein telegram from Mr Walker
Yours truly
James K Hines
Special Attorney
AUTHORITY OF COMMISSION TO APPROVE OR REFUSE TO APPROVE MINIMUM CAPITAL STOCK OF A CORPORATION CHARTERED BY THE SUPERIOR COURT
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta February 17th 1912
Railroad Commission of Georgia Atlanta Ga
File 10258
Gentlemen I have carefully read the papers in this file and understand that you wish my opinion upon certain questions growing out of the facts appearing in this record
It appears therefrom that the Americus Railway Light Company was incorporated by the Superior Court of Sumter County in September 1907 and without the approval of the Commission issued its capital stock of 250000 in September 1907 and in December 1907 issued 300000 of its bonds without the approval of the Commission
The Americus Gas Electric Company was incorporated by the same Court cn September 14th 1911 The minimum capital stock of this corporation is fixed at 250000 and this company has the privilege of increasing its capital
260
stock to any amount not exceeding 350000 The application for charter recites that all of the minimum capital stock has been subscribed and 10 per cent thereof has been paid in
The application of this company to the Commission for authority to issue stock and bonds recites that the issue of its capital stock of 250000 is to retire and cancel the entire capital stock of 250000 of the Americus Railway Light Company now outstanding
The applicant contends that its minimum capital stock has been fixed by the order of Sumter Superior Court granting its charter at 250000 that said capital stock has been subscribed and 10 per cent thereof paid m and that the Commission has no power and authority to approve its minimum capital stock and that if it has such jurisdiction it must approve its minimum
capital stock in toto no more nor no less
The first point upon which you wish my opinion is whether this contention of counsel for the applicant is sound In other words has the Commission the power and authority to approve or refuse to approve the minimum capital stock of a corporation chartered by the Superior Court when such company is subject to the jurisdiction of the Commission and can the Commission approve an issue of stock for a less amount than the minimum capital stock of
such company li
The second questionupon which you wish my opinion is this Can the Commission approve this issue of stock when the same is to be issued to retire and cancel the stock of the Americus Railway Light Company which was issued
without the approval of the Commission
Counsel for the applicant contends that the power to create a corporation of this kind is vested in the Superior Court and that in an application for such a charter the amount of its capital stock must be stated and fixed This
is true
Civil Code Sec 2823
He further contends that a corporation so created can not commence to exercise the privileges conferred by its charter until 10 per cent of its capital stock is actually paid in This is true
Civil Code Sec 2823
He further contends that persons who organize a company and transact business in its name before the minimum capital stock has been subscribed are liable to creditors to make good the minimum capital stock with interest This is true
Civil Code Sec 2220
Counsel for applicant contends that if the Commission does approve an amount of stock less than the minimum capital stock of the company the effect will be to destroy and make null and void the charter of the company His argument is that if the company can not begin business until its minimum capital stock is subscribed and 10 per cent thereof is actually paid in and if the Commission refuses to approve an amount of stock equal to its minimum capital stock this action of the Commission will prevent the com
261
party from exercising its charter privileges and will in effect null and destroy its charter
In this I do not agree with counsel for the applicant It is true that a company must have its minimum capital stock subscribed and 10 per cent thereof actually paid in before it can commence business If it fails to comply with these conditions the organizers of the company who do business in its name will be liable to creditors for an amount equal to its minimum capital stock with interest thereon
The charter of such a company simply gives it the right to orgahize and do business when its minimum capital stock is subscribed and 10 per cent thereof is paid but this does not relieve the company from complying with other conditions and requirements which the legislature may impose upon it For instance the legislature requires that certain companies chartered under the laws of Georgia shall take out license to do business and without such license such a company can not engage in business in this State but this condition subsequent does not annul and destroy its charter It simply suspends the exercise of its corporate franchises until the condition subsequent is complied with
So in the present case before this applicant can issue stock and bonds it must first secure the approval of the Commission for that purpose Bach 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 CQrporations to issue stocks bonds notes or other evidences of debt payable more than twelve months after date thereof except upon the approval of said Railroad Commission and then only when necessary and for such amount as may be reasonably required for the acquisition of property the construction and equipment of power plants carsheds and the completion extension or improvements 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 within the spirit of this provision
Civil Code Sec 2665
There is nothing in this section which permits these companies or corporations to issue their minimum capital stock without the approval of the Commission Any stocks and bonds include all stocks and bonds The authority of the Commission is not confined to the approval of any increase of their stock after the issuance of their minimum capital stock
If a company fixes its minimum capital stock at an amount greater than it will require to accomplish the purposes set out in this section of the Code then it is the fault or misfortune of its incorporators and organizers but the effect will be not to destroy its charter and charter privileges but will only make it incumbent upon the company to so amend its charter or so adjust its affairs as to enable it to comply with this requirement of the law The main purposes of the Act of August 22nd 1907 was to prevent these companies from issuing fictitious and watered stocks If such companies can fix their
262
minimum capital stock at amounts far in excess of their capital requirements tfyen the beneficial purposes of this Act will he destroyed
If the purposes for which such companies can issue stocks and bonds under the Act of 1907 do not require the issuance of the full minimum capital stock of such comphny then the Commission is authorized to approve such amount as may be necessary although the amount is less than such minimum capital stock It will then be incumbent upon the company to so amend its charter or so readjust its affairs as to bring it in line with the action of the Commission or not to issue its capital stock
I think that the provisions of the law governing the charter of incorporations by the Superior Court and this provision of the law requiring companies subject to the jurisdiction of the Commission to get its approval of the issuance of any stocks and bonds before issuing the same should be construed together and made to harmonize
As the Americus Railway Light Company issued its capital stock without the approval of the Commission it is my opinion that the Commission would not be authorized to approve an issuance of stock by the Americus Gas Electric Company for the purpose of retiring and canceling the stock of the Americas Railway Light Company The issuance of the stock by the latter company was illegal and in the face of the Act of August 22nd 1907 I do not believe that it would be a lawful corporate purpose for the Americus Gas Electric Company to issue its stock to retire and cancel the illegally issued stock of the Americus Railway Light Company In other words the Commission can only approve the issuance of stock and bonds for the purposes mentioned in the 8th section of the Act of August 22nd 1907 and these purposes do not embrace the retiring and cancellation of stock of the former company which was issued in violation of law
I return herewith the papers in this file
Yours truly
Tames R Hines
Special Attorney
AUTHORITY OF THE COMMISSION TO REQUIRE PUBLICATION BY RAILROAD COMPANIES OF TARIFFS CARRYING JOINT RATES PRESCRIBEDby the commission
Supplementary to opinions rendered under dates of January 18th 1912 and
February 13th 1912
Railboad Commission of Geobgia
Office of Special Attobney to Commission
Atlanta March 11th 1912
File 10276
Railboad Commission of Geobgia
Atlanta Ga
Gentlemen I have your letter of the 9th instant enclosing papers in the above file I note that you wish me to read the letter of Mr Charles R Capps
263
VicePresident of the Seaboard Air Line Railway in which he wishes to know if your order of February 22nd 1912 under which the Seaboard Air Line Railway and the Southern Railway are required to contract for the carriage of traffic to Carrollton Georgia a point beyond the lines of both of said railways is not in conflict with the decision of the Supreme Court of Georgia in the case of the Wadley Southern Railway Company vs The State
Assuming tjiat the extract quoted by Mr Capps from this decision is still the law in this State there is nothing in your order of February 22nd 1911 which conflicts with this decision Your order requires the Seaboard Air Line Railway Company the Southern Railway and the Central of Georgia Railwayto publish rates and to participate in traffic from Atlanta and Athens to Carrollton in such manner as will conform to the rates prescribed in the Commissions circular No 360 and that any charges collected on shipments from either of said points to Carrollton moving since November 1st 1911 in excess of the rates prescribed in said circular were unlawfully collected in violation of the rules of this Commission and that said companies shall within fifteen days from its date make reparation for such violation of the rules of the Commission
This order does not require these carriers to issue through bills of lading or to make contracts to forward goods beyond their own lines It does require these carriers to transport goods from Athens and Atlanta destined to Carrollton over their lines to points of connection with the Central of Georgia and then deliver these goods to the Central of Georgia Railway for transportation to Carrollton In this aspect and under this view of their order there i no conflict between it and the decision in the Supreme Court in the above stated case There is a wide distinction between this order and an order requiring these carriers to issue through hills of lading
While the Railroad Commission of this State may have no power to require carriers to issue through bills of lading the Commission has full power to make such just and reasonable rules and regulations as may be necessary for preventing unjust discrimination in the transportation for freights and passengers on the railroads in this State
Civil Code Sec 2630
Common carriers in this State must afford the usual and like customary facilities for interchange of freights to patrons of each and all routes or lines alike
Civil Code Sec 2657
This is the gist of the decision in the Wadley Southern Railway case
If the Seaboard Air Line Railway and the Southern Railway receive freight from other points than Athens and Atlanta for transportation to Carrollton and issue through bills of lading therefor the Commission has full power and authority to pass the necessary and proper order to prevent these carriers from discriminating against Athens and Atlanta shippers by refusing to issue tc them through bills of lading to Carrollton This would he an unjust discrimination against these two places and against shippers therefrom
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It is doubtful whether the Commission has authority to make a rule and pass an order to require connecting carriers to issue through bills of lading or to make contracts for through shipments In my opinion the Act of August 8th 1906 does not confer this power This act simply makes the common carrier receiving property for transportation between points wholly within the State 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 The carriers of this State had been in the habit of issuing through bills of lading in which they limited their liability for loss or damage to their own lines The object of this act was simply to prevent them from so limiting their liability but does not require carriers to issue through bills of lading or make contract for through shipments
The Railroad Commission of this State is authorized to require all common carriers and other publicservice 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
Civil Code Sec 2664
This provision is very broad and under it the Commission may have authority to make a rule requiring initial carrier to issue through bills of lading for freight which is to be transported beyond its line by a connecting carrier The doubt which exists in my mind on this subject is due to the fact that the Supreme Court has held that the Railroad Commission did not have this power and no subsequent act has been passed expressly giving this power to the Commission
But as I have stated above your order of February 22nd 1911 does not undertake to exercise such power but does exercise authority clearly conferred upon the Commission by the existing statutes
I return herein the letter of VicePresident Capps
Yours truly
James K Hines
Special Attorney
RIGHT OF A MUNICIPALITY TO FIX RATES IN FRANCHISE GRANTED TO A COMPANY SUBJECT TO THE COMMISSIONS JURISDICTION
Railroad Commission of Georgia
Office of Special Attorney to Commission
Atlanta March 28th 1912
File 10401
Railroad Commission of Georgia
Atlanta Ga
Gentlemen Your letter of the 18th instant enclosing letter of F R Bradfield Jr Esq City Attorney of LaGrange canm duly to hand
Mr Bradfield writes that the Georgia Power Company has applied to the
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mayor and council of the city of LaGrange for a franchise for the purpose of supplying that city and its citizens with electric lights and power The city insists that a scale of maximum rates he made a part of the consideration for the grant to this company of the franchise and by which this company is to be bound This company refuses to accept a franchise upon this condition
Mr Bradfield wishes to know whether or not such a scale of maximum rates would be binding on either of the parties and wishes the opinion of the Commission as to the advisability of the city making this requirement He also wishes the Commission to advise him just what protection the city would have to seek from the Commissidn in the event the power company should seek to impose unreasonable rates
In your letter you wish me to give the Commission my opinion upon these questions
By the Act of August 22nd 1907 it is provided 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 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
Georgia Laws 1907 Page 73
This provision is now found in the Code of 1911
Civil Code Sec 2663
By the original Act creating the Railroad Commission of Georgia the power was conferred upon the Commission to 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 and the power to determine what are just and reasonable charges was vested exclusively in the Commission
Civil Code Sec 2630
By the Act of 1907 this ratemaking power was extended over gas electric light and power companies furnishing service to the public and by this Act the provision of the original Act creating the Railroad Commission which vested in the Railroad Commission the exclusive power to determine what are just and reasonable rates was made applicable to gas electric light and power companies furnishing service to the public So the Railroad Commission of Georgia has the exclusive power to determine and fix the reasonable rates and charges which a gas electric light or power company serving the public can charge its patrons whether individuals or municipalities
The next question is what redress would a city have against a power company which undertook to impose unreasonable rates Mr Bradfield wishes your advice upon this subject and I understand from your letter that you wish my opinion thereon
In the first instance the Commission has the power and authority to make reasonable and just charges for the services which this power company pro
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poses to render and the city of LaGrange can by application to the Commission have such reasonable charges fixed in advance
Civil Code Secs 2630 2662
Furthermore the city of LaGrange or any of its inhabitants can make complaint to the Commission if the city of LaGrange or any of its inhabitants think that such company is making unreasonable charges and it will then be the duty of such Commission to hear and determine such complaint Furthermore the Commission is authorized to perform this duty of its own initiative
Civil Code Sec 2663
So in my opinion a contract between the city of LaGrange and the Georgia Power Company fixing rates for lights and power would have to yield to the power and authority of the Railroad Commission to fix reasonable and just rates for such services It is further my opinion that such a contract would he void in so far as it undertook to fix such rates for lack of power and authority in the city of LaGrange to make the same
It is further my opinion that the power and authority to fix just and reasonable rates for lights and power furnished by this company in the city of LaGrange are vested exclusively in the Railroad Commission of Georgia
It is further my opinion that the city of LaGrange would have to apply to the Railroad Commission for redress against unjust and unreasonable charges made by this company for lights and power
I return herein letter of Mr Bradfield
Yours truly
James K Hines
Special Attorney
CONSTITUTIONALITY OF THE RAILROAD COMMISSION ACT OF 1907
As of general interest to the public the Commission includes herein the very important decision of the Supreme Court of Georgia in the Wadley Southern case upholding the constitutionality of the Act of 1907 enlarging the jurisdiction of the Commission and sustaining the view of the Commission as to what constitutes unlawful discrimination by a carrier as between connecting lines or routes The facts and history of the litigation are set out in the opinion
Wadley Southern Railway Co jn gUpreme Court of Georgia
Voi j C March Term 1911
The State
By the Court
1 The Railroad Commission Act of 1907 Acts 1907 p 72 does not offend article 3 section 7 paragraph 8 of the constitution of Georgia on the ground that the 12th section of the act contains matter different from what is expressed in the title
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2 Section 6 of the Railroad Commission Act of 1907 Civil Code 1910 section 2663 contemplates that notice and an opportunity of a hearing be given to persons railroads or other corporations interested in the orders issued by the Commission and that provision may be made for such notice either by statute or rule of the Commission This section is to be construed to mean that the Commission shall not issue a special order in a particular case and directed to a person or corporation without first giving notice and an opportunity for hearing to the person or corporation so to be affected thereby
3 A State statute which confers on a Railroad Commission the power to require railroads to afford the usual and like customary facilities for interchange of freight to patrons of each and all routes or lines alike and to make just and reasonable rules for preventing unjust discriminations and provides for notice and an opportunity of a hearingof the railroad company to be affected by any order of the Commission and for a violation of an order of the Commission imposes a penalty on the corporation in a sum not to exceed 5000 in the discretion of the trial judge and also subjects any person violating or abetting the violation of the order to punishment for a misdemeanor does not offend the constitutional guaranties of due process of law and the equal protection of the laws in that the railroad to be affected by the order is prevented from testing the validity of the statute of the order of the Railroad Commission because of excessive penalties
4 The Georgia Railroad Commission Act invests the Railroad Commission with power to require railroads to afford the usual and customary facilities for interchange of freight to patrons of each and all routes or lines alike and to make reasonable rules for preventing unjust discriminations Under this power it is competent for the Commission to declare as an unlawful discrimination a course of conduct whereby a railroad company connecting with other railroad companies at each of its termini which converge to a common point affording a choice of routes from the common point to stations on its own line received from one of its connections freights destined to points on its own line without requiring prepayment of the earned charges of the favored carrier and declines to receive from the connecting carrier at the other terminus freight destined to points on its own lines without prepayment of freight charges earned by that connecting carrierwhere the conditions are substantially similar and the effect of the course of conduct is to seriously curtail competition in rates and service to the patrons of its own line
5 The action was properly authorizedby the Governor
6 The admission of irrelevant and immaterial evidence not prejudicial to the losing party is not cause for a new trial
7 An exception to the refusal of the court to allow a witness to answer a stated question is insufficient where the answer expected to be elicited is not given
8 The charge was adjusted to the law and facts and free of substantial error and the evidence authorized the verdict
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The action is by the State of Georgia against the Wadley Southern Railway Company to recover a penalty for disobedience to an order of the Railroad Commission of Georgia The Central of Georgia Railway Company a domestic corporation owns and operates a line of railroad from Macon to Wadley and beyond The Macon Dublin Savannah Railroad Company owns and operates a railroad from Macon to Rockledge The Stillmore Air Line Railway Company operated a railroad from Wadley to Collins where it connected with the Seaboard Air Line Railway Company The Wadley Mount Vernon Railway Company operated a line of railroad from Wadley to Rockledge In 1906 the Stillmore Air Line Railway Company and the Wadley Mount Vernon Railroad Company merged into a new corporation called the Wadley Southern Railway Company and which was duly chartered under that name The Central of Georgia Railway Company is the owner of all the stock and bonds of the Wadley Southern Railway Company Adrian is a station on the Wadley Southern Railway Company between Wadley and Rockledge being twentyseven miles distant from Wadley and ten miles distant from Rockledge On August 17 1909 certain merchants and business men of Adrian addressed a petition to the Railroad Commission of Georgia representing that The Wadley Southern refuses to handle freight delivered them at Rockledge by M D and S without freight charges being fully prepaid to RockledgeY and praying the interposition of the Railroad Commission in aid of interchange of freights at that point A hearing was had upon this petition and on March 16 1910 the following order was passed by the Railroad Commission of Georgia In Re Refusal of the Wadley Southern Railway Company to accept freight from the Macon Dublin and Savannah Railroad Company at Rockledge Georgia without the prepayment of freight charges 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 or route of the Macon Dublin and Savannah Railroad Company via Rockledge Georgia and in favor of shippers over the line or route of the Central of Georgia Railway Company at Wadley Georgia 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 and Savannah Railroad Company for Adrian but does not require 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 Railway Companys line or route for the interchange of freight denied to patrons of the Macon Dublin and Savannah Railroad Companys line or routeNand it appearing that the Macon Dublin and Savannah Railroad Companys line or route via Rockledge is u competitor of the Central of Georgia Railway Companys route or line via Wadley for freight 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 Dublin and Savannah Railroad
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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 the freedom of the choice of routes by shippers the Commission is of the opinion that the practice complained of is under the law 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 and 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 Notice of this order was duly communicated to the general freight agent of the Wadley Southern Railway Company and the attorneys of the Wadley Southern corporation replied that they had advised that company that the order of the Railroad Commission is not legal and that the railroad company is not legally bound to observe it Whereupon His Excellency the Governor passed the folowing order In Re Wadley Southern Railway Company refusal to accept at Rockledge Georgia freight from the Macon Dublin and Savannah Railway Company unless freight charges are prepaid Whereas the Railroad Commission of Georgia having notified me that the Wadley Southern Railroad Company had refused to obey the order of said Commission directing that said Railway Company should receive freight from the Macon Dublin and Savannah Railroad Company without requiring prepayment of freight charges which refusal it is claimed by such Commission is an unauthorized and illegal discrimination under the facts and subjecting the said company to a penalty for a violation of the Commissions order It is therefore ordered in conformity with the Act approved August 23rd 1907 that suit be instituted by the Special Attorney of the Railroad Commission in the name of the State of Georgia for the recovery of such penalty
In pursuance of this order a petition was filed in the name of the State to recover of the Wadley Southern Railway Company 5000 penalty as provided by the Act approved August 23rd 1907 The petition contained two counts The first count alleged that the railroad company had failed and refused to obey observe and comply with the order of the Commission whereby they became indebted to the State of Georgia in a sum not to exceed 5000 The second count alleged that since July 6 1909 the Wadley Southern Railway Company had refused and still refuses to receive freight from the Macon Dublin and Savannah Railroad Company at Rockledge Georgia for points on its line without prepayment of the freight while during all this period the company had received and still receives from the Central of Georgia Railway Company at Wadley Georgia freights shipped from Macon Georgia and other points along its line of railroad without prepayment of the freight and in this way the Wadley Southern Railway Company had discriminated against the M D S Railroad Company one of its connecting lines in favor of the Central of Georgia Railway Company another of its connecting line and thus
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fails and refuses to afford the usual and customary facilities for the interchange of freight to the patrons of each of said routes and lines alike contrary to the provision of the statute in such cases made and provided The Wadley Southern filed its answer denying its liability under either count and attacked the constitutionality of the law providing for the penalty A trial was had and a verdict was returned finding the railroad company subject to the penalty A new trial was refused and a hill of exceptions was sued out complaining of the judgment refusing a new trial and various interlocutory rulings
Evans P J
1 We will first consider whether the railroad commission act of 1907 acts 1907 p 72 contains any of the constitutional informaties urged against it The title is An act to increase the membership of the Railroad Commission of Georgiato prescribe and fix penalties and punishments for failure and refusal to obey any order rule or regulation of the Railroad Commission to prescribe the form of procedure for enforcing the same and for other purposes The 12th section Civil Code 1910 2667 provides that any common carrier which shall violate any provision of this act or the acts heretofore passed or which fails omits or neglects to obey observe or comply with any order direction or requirement of the commissionshall forfeit to the State of Georgia a sum not more than five thousand dollars for each and every offense the amount to be fixed by the presiding judge It is contended that art 3 sec 7 par 8 of the constitution of Georgia to the effect that no law shall pass which contains matter different from what is expressed in the title has been violated by the inclusion in the 12th section of matter not referred to in the titlein so far as it undertakes to give to the State a right of action for a violation of any provisions of this act or of the acts heretofore passed whereas the title refers only to penalties for the failure and refusal to observe any order rule or regulation of the Railroad Commission The general scope of this legislation was to retain to the railroad commission the power and authority heretofore conferred upon it by law except as changed by the act and to confer additional powers upon the commission with the view that the Commission should be vested with a general supervision over publiG service corporations with power to require them to establish and maintain such public service and facilities as may be reasonable and just Some of the rules for the regulation of railroads which were designed to be enforced by the commission were in the form of statutes but they were nevertheless binding upon the commission and all parties to be affected as rules just as much so as if such rules had been promulgated by the commission It was competent for the legislature to deal with these statutory provisions as rules prescribed for the commission to enforce and the act did not offend the constitutional provisions as contended Richardson v Macon 132 Ga 122
2 It is said that the statutes giving validity to the orders of the railroad commission which is the basis of this suit do not provide for notice and bearing nor do the rules of the commission so provide and therefore due process of law is not afforded The Commission Act of 1907 enlarged the powers of the railroad commission so as to give it jurisdiction and power over
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practically all public service corporations In defining the jurisdiction the 6th section of the act codified in Civil Code 1910 No 2663 declares that the railroad commission shall have and exercise all power and authority heretofore conferred on it by law and shall have general supervision over railroads and other public service corporations In the exercise of its powers it was provided that it may progeed on its own initiative or on the complaints of others and may 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 provided that nothing in this section shall be construed as to repeal or abrogate any existing law or rule of the Commission as to notice or hearings to persons railroads or other corporations interested in their rates orders rules or regulations issued by said commission before the same are issued nor to repeal the law of this state as to notice by publication of a change in rates The most casual reader of this section can not fail to be impressed that the legislative purpose was to afford parties affected by any order in a particular case an opportunity to be heard in advance of its promulgation by the commission While the literal application of the proviso concerns the preservation of existing statutes and orders of the commission with respect to notice and hearings yet the implication is so pregnant of the legislative conception that such specific orders of the commission must be made only after notice andhearing that it would be doing violence to the legislative plan of supervision by the commission to construe the act so as to impute a contrary purpose and intent It was contemplated that provision for notice should be made by statute or rule of the commission Special statutory provision was made as to notice of a hearing for joint rates to roads that are not under the management cf the same company and as to the requirements about the location of depots Civil Code 1910 No 2631 but as to other matters the legislature left it to the commission to formulate rules respecting notice and hearing Although the reference in the clause relating to notice was to the preservation of existing statutes and rules of the commission there is no negation that the commission might not from time to time amend or enlarge its rules so as to give other or additional notice There is nothing in the present record contradicting the existence of a rule of the commission providing for notice at the time of the passage of the act of 1897 nor is there any contention made that the Wadley Southern Railway Company did not in fact have notice of the hearing in the particular case The defendant pleaded that the law did not provide for a hearing on the facts and for that reason it violated the constitutional guaranties of due process of law and the equal protection of the laws The burden was on the railroad company to sustain its plea by submitting proof of the absence of any rule of the commission providing for notice and a hearing Civil Code No 2626 It wholly failed in this particular and we are bound to assume that there was a rule of the commission as contemplated in the statute
With regard to the complaint in the plea that the act made no provision for an appeal it has been settled by the Supreme Court of the United States that the due process of law guaranteed by the 14th amendment does not require that an appeal shall be provided for a party who has had one hearing before a com
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petent tribunal with full notice as to the time and place of hearing Mich C R R Co v Powers 201 U S 301 302
It will he observed that the point raised in the plea is the nonexistence of any rule of the commission and not any deficiency of the rule As the defendant failed to show the nonexistence of any rule of the commission or if there was a rule that it was faulty in any respect the latter question can not arise in this case
3 It is urged that the provisions of the Act of 1907 Civil Code 1910 No 2667 2668 prescribing penalties are unconstitutional as being a denial of due process of law and the equal protection of the laws as guaranteed by the constitutions of the State of Georgia and of the United States because of their excessive penalties The first of these sections subjects a public service corporation to a penalty not to exceed 500000 for each and every violation of any provision of that section or of acts heretofore passed or of any order of the commission the amount of the penalty to be fixed by the presiding judge The latter section declares that every officer agent or employee of the corporation violating or abetting the violation of any statute or of any order of the commission shall be guilty of a misdemeanor The general policy of the Act of 1907 as well as the previous acts pertaining to the regulation of railroads etc is to devolve upon the railroad commission the duty of formulating rules and regulations rather than by doing so by direct enactment The legislature has not undertaken by statute to establish either passenger or freight rates but has referred the ascertainment of just and reasonable rates to the railroad commission
The penal feature is the force of the law and to deny the right of the legislature to impose appropriate penalties for violations of orders of the commission which the commission is authorized to issue after due notice to the corporation to be affected and on the fullest investigation would in effect be a denial of the power of the State to regulate public service corporations by commissions or other administrative agency The power of the legislature to create a commission to regulate public service corporations and to prevent unjust discriminations by them is too well established in the jurisprudence of this State to be contested at this late day Ga R R v Smith Governor 70 Ga 694 The distinction is obvious between a case where the statute imposes a penalty for disobedience to an order of the commission made after notice and an opportunity to be heard and the case of a statute which imposes serious and heavy penalties for its violation where the validity of the statute depends upon the existence of facts and their effect which can only be determined after an investigation of a most complicated and technical character An illustration of the latter instance may be found in the case of Rx parte Young 209 U S 123 In that case the legislature of the state of Minnesota enacted a statute fixing passenger tariffs and commodity rates for railroads lower than existing schedules and subjected the carrier its agents and employees to serious and heavy penalties for each violation of the statute and it was held that the statute was unconstitutional because the penalties for its violation are so enormous that persons affected thereby are prevented from resorting to the courts for the purpose of showing the tariff schedules provided in the statute would yield so
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little revenue that their observance would practically confiscate the carriers property It will hardly be doubted that a State may impose penalties such as will tend to compel obedience to its mandates If the penalties are imposed for the violation of an order passed after notice and an opportunity for a hearing it can not be said that the parties affected have been denied due process of law or the equal protection of the law
4 The point is made that the order of the commission is null and void because it is neither just nor reasonable in that it undertakes to exact of the defendant unreasonble and unlawful requirements It is therefore important to ascertain exactly upon what state of facts the order was intended to operate and in reaching a conclusion upon the matter it is proper to consider the application of the merchants of Adrian in connection with the order of the commission made thereon These merchants represented to the commission that the Wadley Southern Railway Company refused to handle freight delivered to them at Rockledge by the Macon Dublin and Savannah Railroad Company without freight charges being fully prepaid to Rockledge and the commissions order recited that after investigation the commission found that the alleged unlawful discrimination arose out of the requirement of the Wadley Southern Railway Co that shippers shall prepay charges via Rockledge before it will receive freight at that point from the Macon Dublin Savannah R R Company for Adrian but does not require like prepayment of charges on freight via the Central of Georgia Railway Co at Wadley thus affording facilities to patrons of the Central of Georgia Railway Cos line or route for the interchange of of freight denied the patrons of the Macon Dublin Savannah Railroad Cos line or route that the Macon Dublin Savannah Railroad Cos line or route via Rockledge is a competitor of the Central of Georgia Railway Cos route or line via Wadley for freight moving to Adrian and other points on the Wadley Southern Ry Co between Rockledge and Wadley and that the requirement of the Wadley Southern Railroad Co complained of is intended to afford and does afford to the patrons of the Central of Georgia Ry Co facilities denied to patrons of the Macon Dublin Savannah Railroad Co a connecting line of the Wadley Southern Ry Co for Adrian business which interferes with the exercise of the freedom of choice in routes by shippers and that the practice complained of is an unlawful discrimination and such as the commission is required by law to forbid From these findings of fact it is clearly apparent that the act condemned as an unlawful discrimination was the practice of the Wadley Southern Ry Co to receive from the Central of Georgia Ry at Wadley one of its termini shipments of freight destined to Adrian without prepayments of freight and to refuse to receive shipments of freight destined to Adrian from the Macon Dublin and Savanannah Railroad Co at Rockledge its other terminus unless the charges were prepaid The order prohibited thedefendant from declining freight shipped over the Macon Dublin Savannah R R Co to Adrian with freight charges to be paid and collected at points of destination or furnishing different facilities in this matter to the Central of Georgia Railway Company
Given this construction does the order exact of the defendant an unreasonable and unlawful requirement In the original act establishing the railroad
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commission it was enacted that the commission shall make 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 Civil Code No 2630 The supplementary act of 1907 clothes the commission with 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 Civil Code No 2663 The contention is that even under these broad powers it is not competent for the commission to pass the order complained of It is argued that the commission is not vested with power to force the defendant into contractual relations with other lines or to prevent it from selecting those with whom it shall deal on preferential terms or terms of mutual confidence and trust It istrue that railroad companies can not be required to issue through bills of lading or to contract to forward goods beyond their own lines Coles v Central R R 86 Ga 251 State v W T R R Co 104 Ga 437 Neither the purpose nor the effect of this order is to require the defendant to issue a through bill of lading beyond its own line Nor is its purpose and effect to require any independent contractual relation between the defendant and another carrier Though the collection of the entire freight charge at destination implies an obligation to account for the connecting carriers share of it nevertheless this is but one incident of a course of business voluntarily adopted by the carrier whereby facilities respecting the interchange of freight is afforded to one connecting carrier and denied to another connecting carrier in contravention of the statute against unjust discrimination The imperative quality of the order is to prohibit the defendant from favoring one carrier to the injury of another and the public where conditions as to the service are substantially alike in both cases It is to prevent a discrimination which practically deprives the merchants of Adrian of any competition in rates and service because of the defendants favoritism to the carrier on one end of the line and the refusal of the same privileges to the carrier at the other end of the line Where conditions are substantially the same the denial by a carrier to one of its connections of the same facilities for the interchange of freight accorded to another carrier and which practically deprives points on its line of the opportunity of competition in service and rates is an unjust discrimination A T S R R v D W O R R 11Q U
S 667 B O R R Co v Adams Ex Co 22 Fed 404 A V Ry Co v Miss R R Com 201 U S 496 Diamond Mills Co v B M R R Co 9 I C C R 311 And it is within the power of the commission to make rules and regulations for preventing unjust discriminations in the transportation of freight Augusta Brokerage Co v Cent of Georgia Ry Co 121 Ga 48
A case much in point is that of Logan v Central R R Co 74 Ga 684 The Central R R Co operated a road from Savannah to Macon with branches to other points in the State It adopted a rule that no shipments of salt or other merchandise from Brunswick in competition with Savannah would be received from local stations on its line unless charges were prepaid and shipments delivered by drays as local business There was another railroad from Brunswick to the interior of the State from which the Central Railroad refused to re
275
ceive merchandise unless charges were prepaid and delivered in drays This court held that this rule of the railroad was in the very teeth of the act of 1874 Civil Code No 2657 in that it did not afford the usual and like customary facilities for interchange of freights to patrons of each and all routes or lines alike And this court also held in Macon Dublin Savannah R R Co v Graham 117 Ga 555 that a common carrier can not in this State lawfully discriminate against one of two or more connecting carriers as to facilities afforded or the charges made touching an interchange of freight
It is contended that section 2657 does not require the commission to afford the facilities of the character required by this order of the commission but that its requirement is only applicable to physical connections and physical appliances We do not think the section should be so restricted in its application It applies to every facility necessary for the safety and convenience of passengers and for the prompt transportation of freight Besides the pore recent act of 1907 Civil Code No 2630 confers on the railroad commission the power to require all railroads to maintain such public service and facilities as may be reasonable and just It does not require argument to prove that a preferential discrimination by a carrier in favor of one of its connections which has the effect to stifle competition to points on its own line because the same facilities are not extended to another of its connection under substantially the same conditions is neither just nor reasonable At common law common carriers were allowed to discriminate in favor of some of its patrons so long as the bestowal of favors did not violate their duty to the public Ocean Steamship Co v Savannah Supply Co 131 Ga 834 But railroad companies of the present day are not only common carriers charged with the performance of their common law duties as such but they are also quasipublic institutions and in this relation owe additional duties to the public and are subject to governmental regulation Certainly a regulation is just and reasonable which requires a carrier not to enter into a specific contract with a connection but if it voluntarily extends facilities and privileges to one of its connections that it must also under substantially the same conditions give the same facilities and privileges to the other connections where the result of its favoritism is the injury of its patrons at intermediate points on its own line
5 The suit was for the violation of an order of the commission That order was based on the acts of 1874 and 1907 as has already been pointed out A suit for a penalty for disobedience to the order of the railroad commission must be brought in the name of the State by direction of the Governor Civil Code No 2667 As the order of the commission is based on the violation of the acts of 1874 and 1907 the violation of the commissions order is likewise a violation of the statute The Governor ordered a suit to be instituted in the name of the State for the violation of the commissions order and even if the second count was necessary there was no demurrer interposed to it and it is not made to appear that any evidence was received but what was admissible under the first count
6 Objection was made to certain evidence as being irrelevant and immaterial Granting the objection should have been sustained this is not cause
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fr a new trial where the evidence was not of such character as to prejudice the defendant
7 Exception is also taken to the refusal of the court to permit a witness te answer a certain question But as the expected answer is not set out the assignment of error is insufficient
8 The courts charge was in substantial accord with the principles of law herein enunciated and sufficiently comprehensive to cover the real issues in the case and the evidence authorized the verdict
Judgment affirmed All the justices concur except Hill J not presiding
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FORMAL COMPLAINTS AND PETITIONS FILED WITH THE RAILROAD COMMISSION SINCE ITS THIRTYEIGHTH ANNUAL REPORT
The following statement covers a review of some of the more important complaints and petitions or contested matters handled by the Commission during the year ending December 31st 1911 While only fiftyseven of these cases are here reported it will be shown by reference to another portion of this report that the Commission during this year handled and formally disposed of five hundred and fiftyseven different cases similar to those here reviewed Informal complaints addressed to the Commission such as requests for rate quotations interpretations of rules classifications and other matters vastly exceed the number of cases similar to those covered by this statement While all such informal communications receive the same care and attention at the hands of the Commission 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 for the purpose of informing any one desiring to file complaint or petition with the Commission as to the form of petition the manner in which the Commission handles same and as to what the Commission has ruled in such cases
In the cases covered by this statement as in all others except where made confidential by law the files and records of the Commission are open to inspection by the public and for their information as to the methods employed by the Commission in the discharge of the duties imposed upon it by law etc
Complainant submitted to the Commission papers in connection with claim for overcharge of 150 on a shipment of cast iron stoves moving from Rossville Georgia to Folkston Ga and requested the Commission to take the matter up with the railroad company and have it adjusted stating that the railroad agent at Folkston said he did not care to handle the matter Papers in the claim were transmitted to officials of the railroad company complained against with request that they not only give the matter of the claim prompt attention
CLAIMS
FILE NO 9778
Home Comfort Furniture Co vs
Atlantic Coast Line R R Co
278
but also that they investigate the action of the agent at Folkston in declining to handle this matter and issue such instructions in the premises as would prevent further cause for complaint of this character in the future In response to the Commissions communication Assistant to the President W R Sullivan of the defendant railroad company wrote the Commission as follows
I am in receipt of your letter of the 3rd instant File 9778 enclosing papers in claim of the Home Comfort Furniture Co Folkston Ga covering overcharge of 150 on shipment of stoves from Rossville to Folkston Ga
This claim has been indexed under our Freight Claim Agents No 137716 and authority for the full amount was issued on yesterday and sent to our agent at Folkston for payment
It goes without saying that we desire our agents to receive claims from claimants either for payment by such agents or for transmission to our freight claim agent and I am at a loss to understand the alleged action of our Folkston agent in connection with this claim I will take the matter up with the superintendent in charge of that district with a view of preventing a recurrence
A copy of this letter was furnished the Home Comfort Furniture Co and they were advised that if they should in the future have any further cause for complaint upon account of treatment received at the hands of the railroad agent the Commission would be glad to hear from them but no further complaint has been received
Complainants complained upon account of delay on the part of the Georgia Railroad in adjusting claim filed for overcharge on shipment from Atlanta to Macon advising the Commission that the Freight Claim Agent of the Georgia Railroad admitted the overcharge but contended that if claimants desired refund they would either have to collect same at Macon or pay exchange on sight draft which latter claimants contended would put them to extra expense upon account of error made in the railroads own clerical department The matter was taken up with the authorities of the railroad company complained against with the request that the same be given attention and on March second the Commission was advised by the railroad company that New York exchange in settlement of this claim had been forwarded to claimants at Battle Crek Michigan and on March 6th the Commission received the following letter from the complainants
Referring further to your File 9799 February 28th wish to advise that we received check covering claim against the Georgia Railroad dated March 2d Please accept our thanks for your assistance in the matter
FILE NO 9799
Kellogg Toasted Corn Flake Co vs
Georgia Railroad
Claim for overcharge Filed February 27th1911
279
FILE NO 10074
Planters Supply Company vs
Georgia Florida Ry
Claims
Filed August 11th 1911
Complainants complained to the Commission upon account of inability to secure adjustment of two claims against the defendant railway company one for 2024 and another for 350 The matters were taken up with the officials of the railway company with the request that the same be given attention and settlement made with as little delay as possible and under date of August 25th 1911 complainant wrote the Commission that the two claims in question had been paid by the railway company
CLASSIFICATION OF RAILROADS AND STREET
RAILWAYS
The Blakely Southern Railroad Company filed with the Commission its petition and showed among other things that it was duly incorporated under the laws of Georgia to build and operate a line of road from Blakely Early County Georgia to Jakin Early County Georgia and was operating train service between said points Petitioner prayed that the Commission classify said road and fix its schedules of freight and passenger tariffs Upon due consideration of the matter and after investigation the Commission adopted for the Blakely Southern Railroad Company Passenger Class E and Freight Class D and authorized said railroad to charge for the transportation of passengers and freight no more than the rates prescribed by the Commission for said classes respectively This action was shown in circular No 355 issued by the Commission March 27 1911 published elsewhere in this report
Fairburn Atlanta Railway Elec 1 Freight and Passenger Rates
The Fairburn Atlanta Railway Electric Company petitioned the Commission to prescribe freight and passenger rates to be observed by said railway on its line of road from Fairburn Georgia to College Park Georgia which was constructed and ready for operation Upon consideration of this matter the Commission on June 9th 1911 issued the following order prescribing passenger and freight tariffs to be observed by th3 company
FILE NO 9814
Blakely Southern Railroad Co Thomasville Ga
FILE NO 9987
trie Co Atlanta Ga
Filed June 6th 1911
280
In re passenger and freight tariffs of the Fairburn Atlanta Railway Electric Company
Upon consideration of the above entitled matter it is ordered That the prayer of the Fairburn Atlanta Railway Electric Company for the purpose of fixing passenger fares to divide the total length of the road namely ten and sixtenths miles 10610 into four equal parts designating the same as sections and beginning with numbering at Fairburn and be allowed to charge a maximum fare of five cents for each passenger on each section of said road or fraction thereof be and the same is hereby granted and said railroad company is authorized to charge no greater sum than twenty cents 20 for a single fare in one direction over its entire length of road
Ordered further That the sections above mentioned shall be plainly designated or marked by permanent signs along the line of said road and at the beginning and end of each section
Ordered further That the prayer of petitioner for an order fixing commutation or round trip tickets be not considered inasmuch as this Commission only prescribes maximum rates
Ordered further That the Fairburn Atlanta Railway Electric Company is hereby placed in freight class A of the Commissioners freight tariff classification and is allowed to charge for the transportation of freights no more than is authorized by said class
The Greene County Railroad Company showed to the Commission that it had purchased constructed and had ready for operation a line of steam railroad about 57 miles in length from Apalachee in Morgan County to Bostwick in Morgan County Georgia and prayed that the Commission prescribe a schedule of freight and passenger tariffs to be observed by said company Uponconsideration of the matter the Commission adopted for said Greene County Railroad Company Freight Class D and Passenger Class E and authorized said company to charge no more than the rates prescribed by the Commission for railroads in said classes This action is shown in Circular No 359 published elsewhere in this report
BY ORDER OF THE COMMISSION
FILE NO 10091
Greene County Railroad Co Atlanta Ga
FILE NO 10119
Irwinton Railway Company Irwinton Ga
Irwinton Railway Company advised the Commission that it had constructed and equipped ready for operation a line of road from McIntyre Georgia in
281
Wilkinson County to Irwinton in said County and requested that the Commission prescribe freight and passenger tariffs to be observed by the said company for the transportation of freight and passengers over the line of this road Upon consideration of the matter and after due investigation the Commission placed the Irwinton Railway Company in Freight Class D of the Commissions freight tariff classification and special group of the Commissions passenger tariff classification of railroads and authorized the said railway company to charge for the transportation of freight no more than the rates prescribed for railroads in Freight Class D and for the transportation of passengers five cents per mile with minimum charge allowance of 25c This action is shown in Circular No 359 issued by the Commission September 12th 1911 published elsewhere in this report
This file covers petition of the citizens of Redan Georgia a station on the line of the Georgia Railroad in DeKalb county requesting that the Commission require the said railroad to stop its train No 27 on the flag at this station this train being due to pass Redan about 715 p m Petitioners showed that they had no passenger train stopping at this station after 1225 p m until 520 a m the following day The matter was promptly taken up with the authorities of the Georgia Railroad and in response to the petition said railroad advised the Commission that effective at once it would establish Redan as a flag stop for its train No 27 Petitioners were accordingly so advised and the Commissions record was marked closed
The Central of Georgia Railway Company advised the Commission that the Bowden Railway Company was open for regular service and connected with its line at Harmony Junction about eight miles west of Carrollton Said company stated that it wished to provide adequate depot and side track facilities and to establish a regular freight and passenger station there and on account of the very short distance from Mandeville to Harmony Junction said company petitioned the Commission for authority to discontinue the Mandeville Agency alleging that it would be expensive for it to maintain two agencies so close together Mandeville being located only 4243 feet west of Harmony
DEPOTS AND FLAG STATIONS
FILE NO 9715
Citizens of Redan Georgia vs
Georgia Railroad
FILE NO 9737
Central of Georgia Railway Co Savannah Ga
Agency
Junction The petitioning company also alleged that the business at Mandeville was growing less each month and furnished a statement of the traffic handled at this station covering a period of four months which showed an average total revenue each month of 26015 It being the practice of the Commission before acting upon applications of this character to give parties to he affected an opportunity to be heard the matter was taken up with parties living at Mandeville and patronizing this station who were fully advised as to the request of the railway company and the reasons assigned for wishing to close the station The Commission received from parties at Mandeville vigorous protests against the granting of the authority desired by the railway company and upon consideration of these protests the railway company was advised that in view of the same the Commission could not grant its approval to close this station unless after a formal hearing the evidence and facts developed would seem to justify this being done The railway company was advised that if it desired a hearing before the Commission in this matter a date would be fixed for this purpose and in response to this communication said railway company wrote the Commission that in view of the opposition to the closing of this agency station it would withdraw for the present its application in this matter The Commission accordingly closed its record in this case
The Commission was petitioned to require the Seaboard Air Line Railway to stop its trains Nos 71 add 72 on flag at New Point Georgia Petitioners alleged that the passenger train service afforded this station by the railway company was insufficient to meet the demands of the people living in and around New Point The matter was taken up with the authorities of the railway company named and in response to the petition said railway declined tu afford the train service prayed for upon the grounds that the business which it would derive from the stopping of these trains would not be sufficient to warrant such action and further contending that New Point was already being afforded ample train service Subsequently the matter was assigned for formal hearing before the Commission at which representatives of both petitioner and the railway company appeared and presented their respective contentions Upon consideration of the evidence submitted at the hearing and of the record in this matter the Commission on March 8th 1911 issued an order directing the Seaboard Air Line Railway to stop its trains Nos 71 and 72 on the flag at New Point Georgia to take on and let off passengers In compliance with this order the railway company advised that effective April 1st 1911 this station would be made a flag stop for trains Nos 71 and 72 Petitioners were accordingly advised of the direction given the matter by the Commission and the Commissions record was marked closed
FILE NO 9747
Citizens of New Point Ga vs
Seaboard Air Line Railway
Petition for flag stop Filed January 30th 1911
283
FILE NO 9791
Merchants of Maysville Ga vs
Southern Railway Co
Complaint agency facilities Filed February 21st 1911
The Commission on February 21st received the following telegram signed by merchants of Maysville Georgia
No agent here Can not receive or ship anything Railroad refuses to furnish help Agent can not possibly do work
The matter was immediately taken up by wire with officials of the Southern Railway Company with the request that the situation complained of be given immediate attention and such action taken in the premises as would afford prompt relief The railway company advised the Commission on the same day that this complaint was filed that additional agency help had been sent to Maysville to relieve the situation complained of and further under date of February 25th Assistant to the President H W Miller of the railway company furnished the Commission with copy of letter addressed to him by his Division Superintendent in charge of the Maysville agency which letter was as follows
Your letter of the 21st relative to the conditions at Maysville Ga
I was at Maysville yesterday and found the conditions there not as bad as was reported to the Railroad Commission The agent was not overworked but had simply made up his mind that he wanted more help and that he intended to have it As I did not see fit to give it to him and as was usual custom I was trying to locate his successor and expected him to remain in charge of the station until I got a man Instead of doing this he closed the station walked up and down the platform talking about what he was going to do etc He also closed the telegraph office and your wire was the first information I had of this A man was sent there yesterday and everything is now in good working order This is simply a case of where one of our men lay completely down on us
The merchants of Maysville were advised as to the result of the Commissions investigation and handling of this matter with the statement that if they should have further cause to complain upon account of conditions existing at this agency the Commission would be glad to hear from them but no further complaint has been received
This was a petition numerously signed by citizens of Riceboro Georgia praying that the Commission require the Seaboard Air Line Railway to pro
FILE NO 9870
Citizens of Riceboro Georgia vs
Seaboard Air Line Railway
284
vide at Riceboro a new depot or so remodel the present depot at that station as to afford separate waiting rooms for white and colored passengers and provide adequate facilities for the handling of freight baggage and express matter The petition set out that the present depot building was wholly inadequate and insufficient to meet the requirements of passenger and freight traffic at this station the freight room being 15x24 the express telegraph and ticket office being 15x6 and the waiting room being 10xl5 which had to be used by both white and colored passengers all of which facilities petition alleged were too small and wholly insufficient to accommodate the business offering at this station Petition further showed that Riceboro was a town of about two hundred people with an additional thousand people in the immediate vicinity who used this station for freight and passenger business A copy of the petition was served upon the officials of the defendant railway company with request that same be investigated and such response in the premises filed as would indicate the purposes of the company with respect thereto In response to the petition the railway company admitted the inadequacy of its depot accommodations at this point and advised that specifications had been gotten up and timber ordered for rearrangement of this depot building which would provide adequate facilities and meet the prayer of the petitioners Upon the request of the Commission the railroad company filed blue print showing plans and dimensions of the depot building which it proposed to erect at Riceboro which plans contemplated separate white and colored waiting rooms each 12xl3 ticket office 10x20 freight warehouse 16x30 6 with ample platform facilities These plans were submitted to the petitioners in this matter for their consideration with the request that the Commission be advised as to whether or not a depot building in accordance therewith would be sufficient to meet the reasonable demands of the shipping and traveling public at Riceboro and the Commission being advised by the petitioners that the plans for the depot building were satisfactory to them a depot in accordance therewith was provided by the railway company since which time no further complaint has been received
Numerous citizens of Brooklyn Georgia and patrons of the Seaboard Air Line Railway complained to the Commission upon account of insufficient and nadequate depot facilities afforded by said company at Brooklyn and also upon account of there being no agent at this point to look after their business Complainants alleged that the freight facilities were most unsatisfactory and that there were no accommodations for the traveling public at all The matter was taken up with the officials of the Seaboard Air Line Railway and in response to the complaint said railway company admitted the insufficiency of its depot accommodations at Brooklyn and advised that it would at once
FILE NO 9941
Citizens of Brooklyn Ga vs
Seaboard Air Line Railway
285
remodel and rearrange the present building at that point so as to afford to its patrons sufficient and adequate depot facilities The Commission was furnished with a sketch showing the present depot building and the proposed changes and improvements to be made there in which contemplated the building of separate waiting rooms for white and colored people each 9 4 x 12 freight warehouse 19x29 6 and cotton platform 32x30 The railway company also advised that a new roof would be put on this building and such other work done necessary to put the same in first class condition The petitioners were advised as to the changes and improvements proposed to be made by the railroad company and upon consideration of the same wrote the Commission that depot facilities in accordance therewith would be satisfactory and sufficient to meet the demands of the situation The Commission thereupon approved the plans submitted by the railway company and directed that the same be promptly carried out and the record shows that this was done
In response to that portion of the complaint relating to agency facilities the railway company furnished the Commission with figures showing the amount of freight and passenger business handled at this station the revenue derived therefrom etc The railway company took the position that the business offering at Brooklyn was not sufficient to justify the expenses incident to a regular agency station The complainants being insistent in their demands on this point the matter was assigned for formal hearing before the Commission at which both petitioners and the railway company were represented and the matter gone into fully At the hearing in consideration of the showing made by the petitioners the railway company admitted the reasonableness of complainants contention in this matter and advised the Commission that it was willing to establish at Brooklyn an agency station on a commission basis provided satisfactory arrangements of this character could be made This arrangement meeting the approval of the complainants and the Commission being of the opinion that the same would meet tha demands of the situation an order was issued directing the railway company to establish at Brooklyn within fifteen days an agency station on a commission basis and the record shows that this order was duly complied with by the railway company
The Commission was petitioned by citizens of Ben Hill a station on the line of the Atlanta Birmingham Atlantic Railroad to require said railroad to make such provision for the protection of its patrons at this station as to the Commission might seem just and proper The petitioners in this matter showed that there was considerable travel to and from Ben Hill and especially on Sunday and that there was no depot or passenger shed of any kind at this
FILE NO 10102
Citizens of Ben Hill Ga vs
Atlanta Birmingham Atlantic R R 2nd 1911
286
station people desiring to patronize these trains being compelled to wait out in an open field for the arrival of the trains which they desired to board No complaint was made as to freight facilities the petition merely praying for a passenger shed or depot in which patrons of the railroad could be protected from the elements Copy of the petition was served on the defendant railroad company with the request that the same be given investigation and the Commission advised as to the purpose of the said company in the premises In response to the petition the railroad company contended that this was only a flag station and that the revenue which it derived from this station was not sufficient to justify the expenditure of any money for facilities at this point The question being at issue between the petitioners and the railroad company the matter was assigned for formal hearing before the Commission at which hearing representatives of both sides appeared and presented to the Commission their respective contentions Upon consideration of the evidence and argument submitted at the hearing and after going carefully into the record in this matter the Commission was of the opinion that the railroad company having established a station at Ben Hill and holding itsfelf out as a carrier to serve its patrons at this point should provide some sort of facilities for the protection and accommodation of its patrons The railroad company was therefore ordered to file with the Commission within twenty days blue print showing plans and dimensions of passenger shed to be erected at Ben Hill of sufficient size and so enclosed and constructed as to afford reasonable protection to its patrons at that point In compliance with this order the railway company submitted blue print showing plans of a passenger shed suitably enclosed 12xl6 These plans being submitted to the petitioners in this matter for their consideration and the Commission being advised that the same were satisfactory the said plans were duly approved and the railway company ordered on December 8th 1911 to construct a passenger shed in accordance therewith within sixty days from the above mentioned date In compliance with this order the railway company advised the Commission under date of February 10th 1912 that the passenger station at Ben Hill had been completed and was ready for use by its patrons
Complainant complained to the Commission upon account of inadequate and insufficient platform space afforded by the defendant company at Milan Georgia for the handling of cotton Complainant informed the Commission that he had two hundred bales of cotton ready to ship but that the agent at Milan had informed him that he could not handle more than two cars or fifty bales a day with the present platform space Complainant requested that the Commission look into the situation and reqire the Seaboard Air Line Railway to extend its cotton platform at this station so as to provide adequat
FILE NO 10137
Claude Anderson vs
Seaboard Air Line Railway
287
space for the handling of cotton shipments The matter was promptly taken up with the officials of the defendant railway company who advised the Commission that material had been forwarded to Milan to enlarge this platform and that the same would be done within the next few days This information was furnished the complainant and he wrote the Commission in reply stating that the railway company had enlarged its platform and that cotton shipments at Milan were being properly and promptly handled
FILE NO 10185
Macon Birmingham Railway Co Changing location of depot at Macon
Macon Georgia j Filed November 3rd 1911
The Macon Birmingham Railway Company made application to the Commission for authority to change the location of its passenger depot in Macon Ga Said company showed that its passenger depot was located on the property of the Georgia Southern Florida Railway Company and that the last named company was at work enlarging its freight terminal facilities which necessitated the removal of the building used by the Macon Birmingham Railway Company for its passenger depot Petitioner further showed that it proposed to provide a convenient passenger depot and umbrella shed located about one block and a half from its present depot site the new building to provide larger and more convenient facilities for its patrons Copy of the petition was served upon the Mayor and Chamber of Commerce of Macon and other parties interested with notice that the same would be heard by the Commission at its meeting on November 24th 1911 At the hearing representatives of the city of Macon and other towns along the line of road of the petitioner appeared before the Commission protesting against the proposed new location The Commission was requested to use its efforts to have the Macon Birmingham Railway passenger trains enter the Union Station at Macon controlled and operated by the Central of Georgia Railway Company it being urged upon the Commission that an arrangement of this kind would best serve the interests of the patrons of the Macon Birmingham Railway as well as the railway company itself The railway company expressing its willingness to operate its trains into and out of the Union Station at Macon provided a satisfactory arrangement of this kind could be made the Commission addressed the following letter to VicePresident Winburn of the Central of Georgia Railway Company
The Railroad Commission this morning had before it for hearing the application of the Macon Birmingham Railway Company through its receiver Mr J B Munson requesting authority of the Commission to move its passenger depot at Macon Georgia The application was based upon the grounds that the M B had no land in Macon that it had heretofore been the tenantatwill of the Georgia Southern Florida Railway Company and that said last named Company had advised it that it needed for its own purposes the property upon which the M B depot is now located thereby making necessary some change in location The M B showed that it was prepared
288
to provide suitable passenger depot accommodations at a point about one block and a half from its present depot site At this hearing there appeared before the Commission a committee from the Macon Chamber of Commerce protesting against the proposed new location and stating to the Commission that it was the earnest desire of the citizens of Macon and also of the patrons of the Macon Birmingham Railway living along its line of road that the passenger trains of said railway be allowed to use the depot of your company As evidence of this desire this committee presented to the Commission petitions numerously signed by citizens of Dyas Harris Skipperton Yatesville Mountville and Moran Georgia and for your information I attach hereto a copy showing the form of these petitions In short the protest against the granting of the M Bs application took the form of a request that this Commission intercede with your company to allow the M B trains to use your depot As we understand it this would only necessitate your company taking care of two trains namely one into Macon in the morning and one out in the afternoon The Commission feels that there is merit in the request which these people make and recognizes and believes that the best interests of the patrons of this road as well as the citizens of Macon will be better subserved by the M Bs trains being allowed to use your depot than by the arrangement as proposed by the M B We are therefore addressing you this communication and beg to request that you give this matter your careful consideration and determine whether or not your company can see its way clear to allow the use of your depot by the M B Railway Mr Munson on behalf of the M B stated to the Commission that he would be glad to enter into an arrangement with your company which would permit his trains to use your depot but in justice to Mr Munson the Commission desires that you understand that this request which the Commission is now making of your company does not originate with him but is based upon the request of the people of Macon and the patrons of the M B supported by the Commissions opinion as above expressed that it would be more advantageous to all concerned for the M B trains to have the use of your union station
Inasmuch as the plans of both the M B and the G S F are being held up pending a determination of this case by the Commission we will thank you to give this matter your early consideration and to advise the Commission as soon as practicable what your company is willing to do in the premises
In response to this letter VicePresident Winburn advised the Commission that his company was already taking care of largely increased train service on its own line the G S F Railway and on the Georgia Railroad but that in view of the request made upon the Commission by the citizens along the line of the Macon Birmingham he would give consideration to the matter and see if an arrangement could be made for the handling of the Macon Birmingham trains Subsequently the Commission was advised by VicePresident Winburn and Receiver J B Munson of the Macon Birmingham Railway Company that an agreement had been made between the two companies to permit the Macon Birmingham to use the Macon Union Station and that the arrangement would be put into effect as soon as an additional track
289
could be put in adjacent to the station This was promptly done and the Macon Birmingham Railway passenger trains are now using the Union Station at Macon
Complaint was made to the Commission by Mr R B Eve of Keysville Georgia upon account of the Georgia Florida Railway discontinuing a flag station on its line of road known as Alin Georgia in Burke County The Commission was petitioned to investigate the matter and require the railway company to reestablish this station Copy of the petition was served upon the defendant railway company and said companys attention was called to the rules of the Commission which prohibited the discontinuance of any station without authority therefor first being obtained No authority having been granted the railway company to discontinue this station said company was called upon to immediately reestablish the same or show cause to the Commission why it should not be proceeded against for a violation of the Commissions rules In response to this notice the defendant railway company admitted that it had discontinued stopping its trains at Alin but plead that it did not understand that the rules of the Commission governing depots prevented the discontinuance of a flag station of this character without authority The Commission held that under its General Order No 14 the railway company had no authority to discontinue this station without first securing permission so to do and ordered said company to immediately reestablish the station This order of the Commission was complied with promptly by the railway company the complainant in the matter was fully advised of the action taken by the Commission and no further complaint was received
The citizens of Chalker Georgia petitioned the Commission to require the Southern Express Company to establish an agency at said town The matter was taken up by the Commission with the officials of the express company who after investigation advised the Commission that in accordance with petitioners request to the Commission an express office would be opened at Chalker as soon as necessary arrangements could be made tariffs secured etc The record shows that this office was opened on February 24th 1911
FILE NO 10200
Aliene Georgia vs
Georgia Florida Ry
of flag
EXPRESS SERVICE
FILE NO 9769
Citizens of Chalker Georgia vs
Southern Express Company
290
FILE NO 9952
Alcovy Georgia vs
Southern Express Co
Petition for express agency Filed May 26th 1911
Citizens of Alcovy Georgia a station on the line of the Georgia Railroad petitioned the Commission to require the Southern Express Company to establish an express office at that point The matter was taken up with the officials of the company above named who after investigation advised the Commission that an express agency on a commission basis would be opened at Alcovy as soon as supplies and necessary tariffs could be published and furnished Petitioners were advised of the direction given the matter by the Commission and the express company and the prayer of the petitioners having been satisfied without formal action on the part of the Commission the Commissions record was marked closed
Citizens of Pineview Georgia a station located on the line of the Gulf Line Railway complained to the Commission that the Southern Express Company had discontinued express office maintained by said company at said station and petitioned the Commission to require immediately the reestablishment of said office The matter was taken up with officials of the Southern Express Company and the Commission was advised that through a misunderstanding this office was temporarily closed but that the same had been reestablished and would be maintained in the future Petitioners were advised as to the result of the Commissions investigation and the response of the express company and no further complaint has been received
FREIGHT RATES AND REVISION OF FREIGHT RULES
RAILROAD COMMISSION OF GEORl Ra fr LCal TrasPrti L merits
For many years regularly and often the Commission has been requested to furnish the correct rate which railroad companies could charge on what is known as Intraterminal traffic this being the charge for service rendered by th railroad companies in moving a car between two points both of which
FILE NO 10047
Citizens of Pineview Georgia vs
Southern Express Company
FILE NO 9739
GIA
Filed January 19th 1911
291
are situated at a single station and the service being termed by the railroad companies Drayage service
It was contended by many shippers that this service was properly comparable with the service rendered by railroad companies in performing switching and therefore should take the switching rates prescribed by this Commission In order to properly and definitely dispose of this matter the case was assigned for hearing and all interested parties notified of the date thereof and invited to appear or be represented in order to furnish the Commission with all the information available which might aid in a proper determination as to the charges which should be assessed on this particular class of traffic After hearing from all the parties at interest at said hearing April 20 1911 and upon consideration of the facts developed figures and testimony submitted thereat the Commission under date of May 19th 1911 amended its Freight Rule 23 and promulgated an additional rule to be known as Freight Rule 23A both of said rules being quoted below
RULE 23
A charge of no more than two dollars per car without regard to its weight or contents will be allowed for transferring a loaded car from any point on any railroad to any connecting railroad or to any warehouse side track or other customary point of delivery that may be designated by the consignor within a distance of three miles from the point of starting When in the transfer or switching 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 or switching 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
A Switching or Transfer service as referred to in this rule means the switching of a loaded car preceding or following a transportation service for which legal freight charges are to be or have already been earned
RULE 23A
The following charges per car without regard to its weight or contents will be allowed for the transportation of loaded cars in INTRATERMINAL service within the customary industrial switching limits towit
1 For a car loaded on the terminal of one carrier to be unloaded on the terminal of the same carrier 300
2 For a car loaded on the terminal of one carrier to be unloaded on the terminal of another carrier where only two carriers are interested 400 to be
dividedas follows
Initial Carrier200
Delivering carrier 200
3 For a car loaded on the terminal of one carrier to be unloaded on the terminal of another carrier where three carriers are interested 500 to be divided as follows
292
Initial carrier L 200
Intermediate carrier 100
Delivering carrier 200
When a charge is made for the 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
From the above it will be noted that the Commission has specifically provided for the charges to be assessed on IntraTerminal movements as well as the charges collectible on switching movements
FILE NO 9757
T J Childs vs
Central of Georgia and Railways
Southern
Complaint as to rates from Macon to Musella Georgia
Filed February 6th 1911
This complaint grew out of the rate assessed on a shipment of lime moving from Macon to Musella Ga Investigation developed that the railroads out of Macon leading to Musella were publishing rates on basis of Fort Valley combination using beyond that point the mileage rates of the Southern Railway for the 25 mile scale prescribed by this Commission the distance from Fort Valley to Musella being shown in Southern Railway local tariff as 23 miles However data on file in this office indicated the distance to be 224 miles which distance under our rules would take the scale of rates prescribed for 20 miles the rule of the Commission being that rates constructed on mileage basis be arrived at in the following manner
Where short of 100 miles the actual distance that a shipment may be carried is not shown by the Standard Freight Tariff charges may be collected as for the distance that is shown by said Standard Tariff most nearly approximating the actual distance For example
If the actual distance be 48 miles the 50 mile rate would apply if 47 miles the 45 mile rate would apply
Provided however that in all cases where fractional miles are shown the unit mile is to be arrived at in the following manner For distances of onehalf mile or over the next unit mile above for distances less than onehalf mile the unit mile below
Upon handling this matter with interested carriers rates were readjusted from Macon to Musella so as to conform to the Commissions rule and no further complaint has been received
293
FILE NO 9833
M M Sessions vs
N C St L Railway
Rates on coal to Marietta Ga Filed March 21st 1911
This file represents a complaint brought by the Chamber of Commerceof Marietta Georgia protesting against the rates on coal to that point as compared with the rates on the same commodity to Cartersville Dalton and Atlanta the rates at that time being from Coalmount Tenn to Cartersville 110 Dalton 110 Atlanta 120 Marietta 130 per ton While this complaint was directed against interstate rates still the Commission handled the matter with the railroad companies at interest in an endeavor to secure a rate to Marietta more properly aligned with the rates to other neighboring points and was enabled to effect a reduction of 10 cents per ton said reduction having the effect of giving to Marietta rates on coal no greater than those in effect to Atlanta from the mines complained against
Complainants were advised of the result of the Commissions handling of the matter and under date of April 21 1911 the President of the Chamber of Commerce at Marietta wrote the Commission that the rate proposed to be put into effect was very satisfactory indeed to his board and congratulated the Commission upon its success in obtaining this reduction in rate Since the establishment of the rate above referred to no further complaint has been received in this office
A digest of this file can be best given by copying herein the recommendation and order of the Commission issued in this case and this is herewith done IN RE Petition of Chamber of Commerce et al of Ashburn Georgia praying that the Railroad Commission of Georgia so revise the freight rates to Ashburn Georgia as that the same will be no higher to Ashburn than to Cordele and Tifton Georgia
On and after September 1 1911 the class and commodity rates from any common point in Georgia to Ashburn Georgia shall in no case exceed the class and commodity rates from such points to Cordele and Tifton Georgia
The sole complaint in this case is of alleged undue discrimination in the existing rates to Ashburn
This unlawful discrimination it is alleged arises out of higher rates to Ashburn than are made for Cordele Tifton Fitzgerald and Albany neighboring towns with which it competes or desires and is able and entitled to compete for business
The following tables show the existing rates and distances to these several points
FILE NO 9900
Ashburn Ga vs
Various Railroads
ORDER
OPINION OF THE COMMISSION
COMPARISON OP RATES FROM BRUNSWICK SAVANNAH ATLANTA GA
TO
ASHBURN ALBANY CORDELE FITZGERALD TIFTON GA
From
Brunswick Ga CLASSES To 1 Short Line Mileage ROUTE
x 1 2 1 3 j 4 1 5 j 6 1 A 1 B 1 C D E F G H
Ashburn Ga Albany Ga Cordele Ga Fitzgerald Ga Tifton Ga 1 81J 70 66 f 59 66 I 59 1 65 55 65 55 62 51 I 51 49 49 52 43 1 43 40 40 41 35 35 31 31 34 29 29 25 25 32 20 20 20 20 31 25 25 25 23 18 15 15 13 13 16 14 14 12 12 41 35 35 31 31 35 31 31 25 25 15 11 m 10 10 52 43 43 40 40 150 170 163 126 129 A C LG S F A C LContinuous mileage A B A A B A A C L
From SAVANNAH GA To 1 CLASSES
Ashburn Ga Albany Ga Cordele Ga Fitzgerald Ga Tifton Ga 81 66 66 66 66 70 59 59 59 59 60 51 51 51 51 48 43 43 43 43 39 35 35 35 35 33 29 29 29 29 32 20 20 20 20 29 25 25 25 25 15 15 15 15 15 14 14 14 14 14 39 35 35 35 35 31 31 31 31 31 12 11 Ili Ui 11 48 43 43 43 43 174 203 168 161 168 S A LGulf Line S A LGa S W G S A LContinuous mileage S A L A C L
From ATLANTA GA To CLASSES
Ashburn Ga Albany Ga Cordele Ga Fitzgerald Ga Tifton Ga 87 67 67 85 85 9 59 59 75 75 70 52 52 64 68 j 59 43 43 51 55 47 33 33 41 43 37 27 27 35 36 34 24 24 30 30 33 23 23 27 27 18 12 12 17 18 16 11 11 16 17 45 31 31 41 43 36i 24 24 34 34 16 12 12 12 13 52 36 36 45 45 172 187 152 189 193 SouthernG S F SouG S FGa S W G SouthernG S F SouG S FA B A SouthernG S F
DISTANCES FROM ASHBURN
To Albany37 Miles
To Cordele20 Miles
To Fitzgerald 36 Miles
To Tifton 20 Miles
Gulf LineA C L R R
G S FContinuous Mileage Gulf LineA B A R R
G S FContinuous mileage
294
296
The discrimination shown by these tables is admitted by the respondent carriers they insist however that it is justified by dissimilar conditions and is not unlawful
These differences in rates irrespective of distances the value and cost of service renedered etc arise under and exist because of the socalled base point system prevailing in this territory For the purpose of making many rates in this State the tariffs of this Commission have been disregarded and certain points selected to which arbitrary rates lower than the Commission s Standard Mileage Tariffs are made the rates to the surrounding points being determined by adding to these arbitrary base rates the Commissions local rates or sometimes a specific or differential which is as arbitrary as the base point rate
Albany Cordele Fitzgerald and Tifton these four towns entirely surrounding Ashburn enjoy these arbitrary base point rates Ashburn does not
In Dawson vs Central of Georgia R R 8 I C C Rep page 142 the Interstate Commerce Commission expressed the following views in which we fully concur and which are directly applicable to this complaint
Now granting that the carriers may make lower rates to competitive points than are made to intermediate noncompetitive points we think it clear that the carrier is not at liberty in the selection of these basing points to determine that this town shall have the benefit of the low rate and that town shall not where the means of competition and the conditions surrounding do not materially differ Take as an illustration Americus and Dawson The only two railroads serving these towns are the lines of the defendants No water competition is involved The distances from the markets in question to these two cities are substantially the same
Why then is it that the rate to Americus is made lower than the surrounding rates and lower than the Dawson rate Counsel for the defendants stated upon the argument that it was owing to competition between the Central of Georgia and the Georgia Alabama and that the same competition did not operate at Dawson although the same means of competition existed He said that the rate to Americus was made by one line and that the other line must accept that rate or refuse the business The city of Dawson in its distress asks of the Traffic Manager of the Central of Georgia Railway
Why do you make the low rate to Americus and maintain the high rate to Dawson and the answer is
I make the low rate to Americus because my competitor the Georgia Alabama Railway over which I have no control makes that rate and I must either meet it or go out of business I do not make a corresponding rate to Dawson because my competitor the Georgia Alabama Railway does not make such a rate
Thereupon the city of Dawson turns to the Traffic Manager of the Georgia Alabamh Railway and asks Why is it that you make the low rate to Americus while maintaining the high rate to Dawson and again the answer is I make the low rate to Americus because my competitor the Central of Georgia Railway over which I have no control makes that rate and I must
meet it or refuse the business I do not make the same rate to Dawson because my competitor the Central of Georgia Railway does not
This is worse than Hindoo mythology according to which the earth was supported upon the hack of a tortoise which in turn rested on the back of an elephant In that case the turtle at least had something to stand upon
Continuing the Commission said Still these defendants who make and participate in the aforesaid rate adjustment insist that Dawson with 2000 inhabitants and two railways is not entitled to the same rates as Americus with 6000 inhabitants and the same two railways It should be observed that this discrimination is one which fortifies itself from year to year since the more favorable freight rate increases every day the difference in population between Americus and Dawson
The contention is made in this case that Ashburn is not a jobbing center and has no wholesale trade nor jobbing territory not already preempted but only has its local territory and trade to serve
In the Cordele case the Interstate Commerce Commission commenting on a similar contention by the carriers said
It is not a matter of the least importance in a legal sense that the small towns are strictly local and noncompetitive If under relatively equal rates they can elevate themselves to jobbing towns it is their right to do so
Cordele is not treated by the defendant roads as a competitive point because it is not a sufficiently large distributing point and it is not such a distributing point because it is not treated as a competitive point and the defendants excuse themselves from wrong doing by offering the results of the wrong in justification
This was said in 1895 when Cordele was complaining as to discriminatory rates in favor of Americus just as was Dawson in the case first cited and just as is Ashburn now against the Cordele rates In these cases that is Dawson and Cordele complaining as to discrimination in favor of Americus and also in Tifton complaining as to discriminatory rates to Valdosta the Interstate Commerce Commission held in each that conditions were not so dissimilar as to justify the differences in rates So also this Commission held as to Boston and Thomasville and Moultrie and Quitman
In our opinion the conditions at Ashburn Tifton and Cordele are not so dissimilar as to justify the higher rates in effect to Ashburn Such as they are from a transportation standpoint they are created by the carriers they are artificial
Where lower rates to a given point are made by carriers to meet actual or reasonably potential water competitionin other words because of dissimilar locations conditions and circumstances not created by them and beyond their control they may be justified to the extent that they are necessary to meet competition and secure business otherwise unobtainable But the mere possibility of water competition does not justify discriminations Such competition must be real and continuous or reasonably potential In this case there is no question of water competition at all Certain carriers in contact have in operation at Cordele and Tifton rates lower than to Ashburn where there
298
is also rail contact but where this fact seems not to have affected rates Ashburn is competitively located and easily within reach of every line serving Cord eie Tifton and Fitzgerald The G S F answers that there is not continuous mileage to Ashburn over any direct line fhom the ports while there is to Cordele Fitzgerald and Tifton and that this fact constitutes an influencing dissimilar condition But cases now pending before this Commission involving the same principle as this emphasize the fact that continuous mileage is not always among the carriers an influencing factor The G S F further contends that the rate to Ashburn is just and reasonable and made in the usual way towiton the nearest basing point plus the local This is true but the fact that hurts is that th rates to Cordele and Tifton are not made hy the same rule The complaint is not that rates to Ashburn in themselves are unjust or unreasonable but that the lower rates to Tifton and Cordele unjustly discriminate against Ashburn and prevent it from enjoying business for which it is able and because of its location and natural advantages in no respect dissimilar or inferior to those at Tifton and Cordele it is entitled to compete
Another answer is that Cordele and Tifton were made basing points by the Interstate Commerce Commission and by this Commission over the protest of the carriers this is true But it is also true they were made such solely because the carriers had previously made Americus and Valdosta basing points and in so doing gave those places undue advantages and low rates which unjustly discriminated against Cordele and Tifton without sufficiently dissimilar conditions to justify The precedents in those cases and in the Boston Moultrie and Dawson cases must be followed in this
The duty of removing unjust discrimination is mandatory This Commission has no right or power to permit or perpetuate The basing point system is wrong in principle Its unjust discriminations can only be removed by rais ing the rates at base points or lowering those at nonbase points The first is admittedly impossible The latter it is claimed if universally affected would reduce the income of carriers so largely as to ruinously affect their financial status and impair their ability as public carriers And this has in it possibilities of truth The evil must be therefore gradually eradicated A sweeping order reducing all intrastate rates to nonbase points to the level of base points rates is not now to be considered It seems to us that a gradual process of leveling is the correct plan taking first such situations as are developed in this case and dealing with them individually where unlawful and hurtful discrimination between nearby and competing towns or centers is plainly shown This has heretofore been the policy of this Commission In such cases its duty under the law of its creation is plain If it results in some diminution of revenues to the carriers it must be borne by them as the direct consequence of their voluntary action in establishing base points where not justified by conditions beyond their control or not of their own creation
The road may be for awhile hard to travel but in the end we believe the means will be justified
To quote again from the Interstate Commerce Commission
In sections of the country where this base point system of rate making has not obtained the prosperity of railroads and communities is believed to be more uniform if not greater and it may be fairly assumed that the system is not essential to the prosperity of the roads where with rates discriminating as between localities so long prevailing the roads have not been exceptionally prosperous The prosperity of a road must be more dependent upon the general prosperity of communities along its entire line than upon a few isolated trade centers or favored and widely separated distributing points Such general prosperity must be largely dependent upon relatively equal or nondiscriminating rates as between communities and rival interest
The respondent carriers urge that if this Commission grants the prayer of petitioner and puts into effect rates at Ashburn not higher than the base point rates to Cordele and Tifton numerous other points in the State similarly situated to base points will file similar requests In the Columbia Grocery Co vs L N R R Co 18th I C C Rep 502 the Interstate Commerce Commission answered a similar objection so forcibly and clearly that we adopt the same and quote it here
Defendant fears that if the Commission should order a departure from the combination basis at Columbia then other points such as Pulaski Tenn will probably complain and demand similar departures from the combination basis Then Athens Ala might make similar complaint and then some other town and so on ad infinitum But if the rate complained of is unreasonable or unjustly discriminatory this would not be a valid objection If the rate adjustment is built and is to be maintained upon the basing point system it should be applied alike to all places where real dissimilarity of circumstances or controlling competition do not exist
The theory or principle underlying all our rate legislation and regulation is equality equality in service and charges under similar conditions and circumstances Every departure from equality in services rendered or charges exacted is discrimination and must be justified Justifying dissimilarity in condition and circumstances is a question of fact to be found in each case without reference to other possible cases
Complaint is made by the Carrollton Board of Trade against the existing class and commodity rates from Savannah and Brunswick to Carrollton The gravamen of the complaint is that as compared with similar rates to Cedartown and Newnan neighboring competing points they are unjustly discrim
Carrollton is a local point on the Central of Georgia Railway between Newnan and Cedartown 24 miles from the former and 41 miles from the latter
FILE NO 9903
Carrollton Georgia vs
Various Railroads
inatory
300
Via the Central of Georgia it is 311 miles from the port of Savannah as compared with 353 miles to Cedartown and 287 miles to Newnan
Via the Southern and Central of Georgia it is 308 miles from the port of Brunswick as compared with 349 to Cedartown and 283 to Newnan
Cedartown is at the junction of the Seaboard Air Line and the Central of Georgia and is a competitive point enjoying highly advantageous base point
Newnan is at the junction of the Atlanta West Point Railroad and the Central of Georgia hut does not have base point rates as does Cedartown it has however many favorable low commodity rates
All these towns are prosperous and jobbers in each compete for business in practically the same territory
The following tables show the class and commodity rates in effect at this time from Savannah and Brunswick to each town
Tables on file in this record too voluminous to copy herein
Discrimination in favor of Cedartown is clearly shown It is frankly admitted by the Central of Georgia the chief respondent It is contended however that the discrimination is justified by dissimilar conditions towit Cedartown being a competitive point served by two competing lines the Seaboard and the Central of Georgiaand Carrollton being a local station on the Central of Georgia and reached only over its lines The Central further insists that the Cedartown rates are unreasonably low that they were first published by the Seaboard and that the Central was forced to meet them or go out of business at that point and these conditions not existing at Carrollton lower rates than those now in effect to that point are not justified
The rates from the ports to Carrollton are not higher in fact they are in many instances lower than the maximum class rates of this Commission
Presumably therefore they are reasonable and just if considered alone and not in comparison with rates to Cedartown and Newnan neighboring towns competing with Carrollton for trade in that section
It is also true that there are dissimilar conditions at Cedartown sufficiently sc to become an influencing factor in naming rates
In our opinion these conditions justify a reasonable degree of discrimination or difference in rates But they do not in our opinion justify the extreme difference shown in these tables
Our law requires of this Commission more than the mere establishment of just and reasonable rates It is also mandatory upon it to prevent and remove unjust discrmination
Such discrimination arises in this case out of the action of the Central in imposing relatively disproportionate charges upon these neighboring localities where the service is practically the same and where conditions except as arbitrarily influenced by other than natural causes are not widely dissimilar
There should be due relation between rates as applied to neighboring communities by a carrier serving both
Competiton may force such a carrier in one instance to reduce normal and reasonable rates to retain business but this must not be with utter disregard of another locality entitled to rates that bear a just relation to the lower rates
301
Equality in charges is required under circumstances and conditions substantially similar and relative equality is necessary according to the degree of similarity
When a carrier engages in transportation for which by reason of competitive conditions it receives low rates in one locality it accepts the legal obligation to give other localities with similar relations to its traffic relative rates
In this case the Central of Georgia concedes that the Cedartown rates are fairly the subject of criticismindeed its chief traffic official condemns their establishment as arbitrary and unwise and as bringing about undesirable and embarrassing conditions
He has apparently tried to satisfy Carrollton shippers in specific instances with reduced rates on specific commodities Thus condemning the rates to Cedartown in which it continues to participate it must follow that relatively considered the rates to Carrollton maintained by the Central are unjust and unjustly discriminatory the Cedartown haul being longer and through Carrollton and the service if anything larger and more expensive than the Carrollton service
Because of the dissimilar conditions arising out of transportation competition the Commission is of the opinion that Carrollton is not entitled to equal rates with Cedartown The Commission is of the opinion that Carrollton rates should exceed Cedartown rates however by not more than twenty per cent 20 and will so order
FILE No 9931
GeorgiaCarolina Brick Co Minimum Express Charge on Sample
vs V Brick Shipments
Southern Express Company Filed May 12th 1911
Various brick concerns operating within the State of Georgia made complaint to the Railroad Commission of the rates charged by the Southern Express Company on sample shipments of brick In the investigation of this complaint it developed that the rates on brick moving between Georgia points were based on merchandise rates whereas under order of the Interstate Commerce Commission rates on brick moving in interstate traffic were based on merchandise pound rates with a minimum charge of 35 cents for each shipment Upon handling this matter with the Southern Express Company they signified their willingness to establish the same rates on brick intrastate as were made effective by the Interstate Commerce Commission on said traffic adhering however to the minimum charge of 35 cents and rates on this basis were put into effect However further complaint being made against the minimum charge of 35 cents the Commission had a hearing on the matter and after full investigation and consideration being given to the question held that the minimum charge on express shipments of sample brick between Georgia points should not be in excess of 25 cents and amended its Express Rule No 2 so as to provide for a minimum charge of 25 cents on all
302
shipments taking pound rates moving by express between any two points within this state both of which were served by the same express company
This action of the Commission satisfactorily disposed of the complaint and since the establishment of the minimum charge of 25 cents above referred to no further complaint has been received in connection therewith
The Commission having received inquiries from time to time relative to the proper construction of its Freight Rule No 15 relating to shipments to and from flag stations served notice upon the traffic officials of the various railroads operating in the state to show cause why said rule should not be amended to read as follows
Freight that is forwarded from any point other than a regular agency station except as otherwise provided in Rule No 23 may he billed and freight charges may he 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 hilled and freight charges may be assessed thereon as if shipped to the first agency station beyond the point of actual destination
Provided however that in no case shall any rate be thus made higher than it would he were the mileage rate applied to the distance such shipment is actually transported
The Commission was informed that this rule was applied in some instances and not applied in others and for the sake of uniformity in constructing rates to and from flag stations consideration was given to amending this rule as above indicated Upon consideration of the record in this matter and the responses filed by the various railroad companies to the Commissions notice the Commission at its meeting on June 15th 1911 amended its Freight Rule No 15 as indicated above which action was duly published in Circular No 357 which will he found elsewhere in this report
The Commission was requested by Traffic Manager H T Moore of the Atlanta Freight Bureau to rule upon the question as to whether or not the charges prescribed by the Commission in its Freight Rules No 23 and 23A were applicable to car load shipments of freight moving to or from general
FILE NO 9960
Railroad Commission of Georgia
FILE NO 9961
Interpretation of Freight Rules Nos
Railroad Commission of Georgia
23 and 23A Filed June 1st 1911
303
delivery or public team tracks Mr Moore submitted for the Commissions consideration the following inquiries
A Consignee receiving a car of competitive or noncompetitive traffic originating at a station in Georgia say on the Western Atlantic Railway and on arrival in Atlanta consignee desires car placed for unloading say on Tenth street and Boulevard a public siding on the Southern Railway within the customary switching limits of Atlanta would that movement come under 23 or 23A also is the consignee within his rights under your rules to require the Southern Railway to accept car from the Western and Atlantic Railway on a switching movement and place same on its public team track for unloading provided same is within the customary industrial switching limits of Atlanta
B If a shipper loads a car at hi warehouse in the City of Atlanta located on the Central of Georgia and orders it over to the Southern Railway to be placed say on Tenth street and Boulevard a public siding on the Southern Railway within the customary switching limits of Atlanta and tenders the Central of Georgia the sum of 400 for this service is the consignee withinhis rights under your rules to require th Southern Railway to accept car from the Central of Georgia and place same on its public team track for unloading provided same is within the customary industrial switching limits of Atlanta
A hearing in this matter was ordered before the Commission on June 15th and the railroad companies operating in the state were advised that on said date opportunity would be afforded them to show cause if any they could why the charges prescribed in Freight Rules No 23 and 23A should not be applied with equal force to general delivery or public team tracks as well as to deliveries made to warehouses industrial sidings etc
After a thorough investigation of this question and a careful consideration of the record and of the evidence and argument submitted at the hearing by representatives of the railroad companies and by shippers interested the Commission held as follows
Where a consignee receives a car of competitive or noncompetitive traffic originating at stations in Georgia on the line of one railroad and on arrival at destination consignee desired car placed for unloading on a public siding or team track of another railway within the customary switching limits of a single station such movement would not come under Freight Rule No23 nor 23A but would be subject to regular transportation charges for the distance transported The Commission held further that it was not within the rights of the consignee under the Commissions rules to require on railroad to accept a car from another railroad on switching movement and place the same on its public team track for unloading notwithstanding such movement might be within the customary industrial switching limits of a single station The Commission held further that the charges prescribed in its Freight Rules Nos 23 and 23A could not be applied to shipments loaded at warehouses on the line of one railway company desired to be transported and placed for unloading on a public team track of another railway within the customary
304
switching limits of a single station but that on such a movement railroad companies would be entitled to assess regular transportation charges for the distance shipment was transported
FILE NO 10034
Railroad Commission of Georgia
Revision of Freight Rule No 9 j Filed July 3rd 1911
The Commission on July 6th 1911 addressed the following communication to the traffic officials of the various railroad companies operating in the state
On account of some conflict in ideas having arisen as to the proper interpretation of the Commissions Freight Rule No 9 I am directed to write you and say that in order to make this rule more clear the Commission is now giving consideration to amending its Freight Rule No 9 so that the same will read as follows
Where in the Commissions Freight Classification in classifying any given article or class of freight specific provision is made for a certain percentage above the Standard Tariff that percentage alone shall be applied to the Standard Tariff in computing rates regardless of any percentage allowed an individual railroad above the Standard Tariff in the general classification of railroads to the end that no railroad company may apply more than one percentage of increase to the Standard Tariff rates in any instance
But on the contrary where the Freight Classification in classifying any given article or class of freight specifies a percentage of decrease below the Standard Tariff that decreased percentage alone shall be applied to the Standard Tariff and freight charges assessed on basis of tke rate so reduced withregard to any percentage of increase that may be allowed an individual railroad on other articles in the same class as shown in the general classification of railroads
No railroad may 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 This information is given you in order that if it be your desire to submit anything for the Commissions consideration in connection with this proposed amendment you will have an opportunity of doing so therefore the Commission will at its meeting to be held on Thursday July 27th 1911 afford an opportunity to interested carriers to be heard in connection with this proposed revision of its freight rule if such be their desire
In response to this notice the Commission received communications from traffic officials of various lines advising that they had no objections to offer to the proposed revision of this rule and upon consideration of these responses and of the evidence submitted at the hearing had on July 27th the Commission at its meeting on July 28th 1911 direoted that its Freight Rule No 9 be revised to read as quoted above which action is shown in circular No 359 published elsewhere in this report
305
FILE NO 10036
V Revision of estimated weights on live Railroad Commission of Georgia stock
J Filed July 6th 1911
Mr J J Wood of Columbus Georgia made complaint to the Commissiorr upon account of freight charges assessed upon shipment of live stock moving from Covington Georgia to Columbus Georgia and subsequently complained generally against the scale of estimated weights on live stock as prescribed by the Commission in its freight rule No 7 The Commission handled with authorities of the Georgia Railroad the matter of Mr Woods claim for overcharge on the particular shipment in question and adjustment of the claim was made in accordance with weights and rate in effect at the time the shipment moved
The Commission also gave consideration to Mr Woods general complaint touching the scale of estimated weights on live stock and notice was served upon the railroad companies operating in the state that at meeting of the Commission on September 7th 1911 consideration would be given to the revision of the Commissions estimated weights on live stock so that the same would read as follows
LIVE STOCK L C L ESTIMATED WEIGHTS Lbs
One horse mule or horned animal except as specified below 2000
Two horses mules or horned animals except as specified heloW in
same car and from same shipper to same consignee 3500
Each additional horse mule or horned animal except as specified be
low in same car and from same shipper to same consignee 1000
Stallions Jacks and Bulls each 3000
Mare and foal together for both 2500
Colts under one year old each 1000
Colts donkeys or ponies crated each actual weight but not less than 1000
Cow and calf together for both 2500
Yearling cattle except bulls each 1000
Yearling bulls each 2000
Calves under one year old not crated each 1000
Calves under one year old crated each actual weight but not less than 175
Calves over one year old crated each actual weight but not less than 500
Sheep boxed or crated each actual weight but not less than 100
Sheep in lots of five or more not boxed or crated each 150
Lambs boxed or crated each actual weight but not less than 100
Lambs in lots of 5 or more not boxed or crated each 75
Hogs boxed or crated each actual weight hut not less than 150
Pigs boxed or crated each actual weight but not less than 100
GoatsSame as sheep
KidsSame as lambs
Representatives of the railroad companies filed written responses in this matter and at the hearing on September 7th traffic officials of various lines
306
appeared and discussed this matter with the Commission submitting their
and nf PrPSed changes Upon consideration of the record
w h If and argument submitted at the hearing the Commission September 7th adopted revised scale of estimated weights on live stock as will be shown in Circular No 362 published elsewhere in this report
FILE NO 10094
John W Zuber vs
Railroad Companies
Demurrage Rule Free Time Allowance
Filed August 17th 1911
This complaint was filed against the adoption in Georgia of the Interstate regulations governing the free time allowed within which consignees had to receive carload shipments of freight and remove same from the custody of the railroad companies The present rule of the Commission covering intrastate business reads as follows
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 usua p ace 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 custodyof the delivering railroad company shall begin at 7 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 uring the free period between 7 oclock a m and 7 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
The rule put into effect by the railroad companies reads as follows
A Fortyeight hours two days free time will be allowed for loading or unloading on all commodities
B Twentyfour hours one day free time will be allowed
1 When cars are held for reconsignment or switching orders 2 When cars destined for delivery to or for forwarding by a connecting
charges SUrrender f bU1 of lading or for Payment of lawful freight
it was contended by the railroad companies that the continuance in effect of the rule complained against did not conflict with the rules of this Commismon inasmuch as it gave to shippers or consignees an additional twentyfour hours free Lme for unloading shipments the only change being that it xed the time limit within which consignees had to give disposition of cars
307
and this time limit was 24 hours after the expiration of which unless disposition orders were furnished the car went on demurrage When after said 24 hours disposition orders were furnished 48 hours free time was then allowed for unloading It was further contended by the railway companies that inasmuch as the Commissions rule did not fix any time limit within which consignees should give orders for placement of cars the rule simply prescribing that 48 hours free time should be allowed for unloading cars it was only fair to the railway companies that some time limit be fixed within which disposition orders should be given The complainants however urged that this was purely an attempt or desire on the part of the railroad companies to collect more demurrage inasmuch as it did not take 48 hours to unload a car after disposition was furnished and car placed and that the continuation of the rule complained against would work a hardship upon consignees receiving several cars in one day the disposition for all of which cars could not he furnished immediately or within the prescribed 24 hours Further that the rule of the Commission was working no hardship upon the railroad companies and that the continued operation of same would not only benefit the shipper but also the railroad to the extent of the extra 24 hours which they were giving under certain restrictions
The Commission had a hearing upon the complaint and after full investigation and thorough consideration being given the matter ordered that the railway companies which had put into effect the rule complained against discontinue assessing demurrage charges on shipments on basis of the same and that in future the rule of this Commission be applied in all cases the Commission holding that the 48 hours free time allowed under its rule could be used up entirely or in part before orders for disposition were furnished the railroad company and that the division of said 48 hours between the time of giving orders for placement and the time for the actual unloading of the cars was entirely in the hands of the consignees and not the railroad companies
The railroad companies promptly complied with the order of the Commission and no further complaint has been brought before the board as to the collection of demurrage charges on basis of the rule promulgated by the railroad companies
This file covers complaint of Mr John M Heath Talbotton Georgia with respect to rates on coal from Tennessee and Kentucky mines to Woodland Georgia as compared with the rates from same mines to Talbotton Georgia Mr Heaths contention being that inasmuch as shipments of coal destined to Talbotton had to pass right through Woodland that the rate to the last named point should not be in excess of the rate to Talbotton which was some
FILE NO 10123
John M Heath vs
A B A Railroad
308
distance farther south The Commission advised Mr Heath that inasmuch as his complaint was directed against interstate rates this Commission had no authority or jurisdiction over the subject stating however that it would handle the matter and do What it could to obtain the relief sought
After extensive correspondence and conferences had with the interested lines the Commission was advised under date of July 3rd 1912 by the Southern Railway Company that said line would establish to Woodland rates on coal not in excess of the rates to Talbotton The result of the Commissions handling cf this matter was furnished to complainant and he together with all other coal receivers at Woodland is now receiving the benefits of the reduction secured by the Board which in a good many cases amounts to as much as 20 to 30 cents per ton
FILE NO 10225
1 Revision of Freight Rule No 7 Railroad Commission of Georgia j FMed November 29th 1911
The Georgia Florida Railway requested of the Commission an interpretation of its Freight Rule No 7 making inquiry as to whether or not the scale of estimated weights provided in said rule for less than carload shipments of live stock should govern in all cases The Commission was advised that this railroad had accepted a shipment of live stock consisting of one cow and calf and twentysix hogs and the agent had assessed freight charges on the shipment on basis of actual weight but that when shipment arrived at destination the delivering agent collected additional charges on basis of estimated weight provided in Freight Rule No 7 The railroad company asked the Commission for its ruling on the question as to whether or not under said rule refund of the freight charges on this shipment could be made on basis of actual weights Upon consideration of the matter the Commission held that its scale of estimated weights provided for less than carload shipments of live stock should govern in all cases regardless of what the actual weights might be
The Commission from time to time receiving inquiries from shippers and railroad agents as well relative to the proper construction of its Freight Rule No 7 was of the opinion that consideration should be given as to so revising this rule as to make the same perfectly clear Accordingly notice of the intention of the Commission to revise this rule was served upon traffic officials of the various railway lines operating in this State calling upon them for such views as they might have on the subject and wish the Commission to consider Upon consideration of the responses made and the record in this matter the Commission on December 14th amended its Freight Rule No 7 so as to make clear the interpretation thereof which action was duly published in Circular No 363 found elsewhere in this report
309
PASSENGER TRAIN SERVICE
FILE NO 9770
H A Huggins vs
Seaboard Air Line Railway
Complaint passenger service Filed February 9th 1911
Complainant complained upon account of the filthy conditions of the passenger equipment used by the Seaboard Air Line Railway on its train No 53 operated between Atlanta Georgia and Athens Georgia stating that on two different occasions he had been a passenger on this train and had found the firstclass passenger coach in such condition as to render travel in the same not only unpleasant but unhealthy Complainant further complained that the coach was very poorly and insufficiently lighted all the lamps having only two gas jets per lamp instead of four jets as they should have had The matter was immediately taken up by the Commission with the operating officials of the railway company complained against with the request that the same he thoroughly investigated and such direction given as would remedy the conditions complained of In response to the complaint the railroad company advised the Commission that its investigation developed that on both occasions which complainant mentioned as having patronized this train the day was Saturday when the coaches were naturally crowded and there were a number of intoxicated persons on the trhin The railway company further responded that the particular coach concerning which complaint was made was a firstclass vestibuled car and was equipped with thirtythree cuspidors which it deemed a sufficient number The railway company further advised that it was doing everything possible to make its patrons comfortable and to prevent criticisms of this kind and would continue to do this in the future Complainant was advised of the response made to his complaint by the railroad company with the statement that if he should again encounter similar conditions as complained of in this instance the Commission would be very glad indeed to hear from him but no further complaint has been received
This record covers an investigation made by the Commission in the matter of passenger train service afforded by the Monroe Railroad operating between Social Circle and Monroe with its connections at the first named point with trains of the Georgia Railroad The matter first came before the Commission upon complaint and petition numerously signed by citizens of Monroe and vicinity alleging that the Monroe Railroad proposed discontinuing operating certain trains and rearranging its service to whicfi vigorous protest was made The record contains communications from numerous citizens patrons
FILE NO 9857
Monroe Railroad Augusta Ga
310
of the railway company named and also several petitions from different communities along the line of the railroad The matter was taken up with the operating officials of the Monroe Railroad who were requested to advise the Commission fully as to the present train service being afforded on this line between Monroe and Social Circle with its advertised connections and also what changes in service or schedules said company had under consideration In response to the Commissions request the railway company advised that in January 1910 it had rearranged its train service and schedules on this line of road in the hope of better serving its patrons and also increasing its revenue The railway company contended that a close examination of the operations of its trains since January 1910 showed that the schedules at present in effect were not so arranged as to best serve the interest of the railroad patrons and the company as well and that upon this account and further in order to meet the wishes of a large number of its patrons it desired to rearrange its service and try a new schedule It appearing to the Commission that there existed among the patrons of the road quite a wide difference in sentiment as to the schedules which would best suit the public and the Commission being of the opinion that perhaps the situation could be worked out by a committee going over the line of road and conferring with the patrons in regard to the matter such a committee was appointed by the Commission and during the first week of May this committee visited Monroe and other points along the line of this road met the patrons of the railroad company with the officials of the road in open conference and went into the situation thoroughly As a result of this inspection trip and growing out of the several conferences and discussions which were had with the railroad officials and the patrons of the road a table of schedules was worked out which in the opinion of the committee would best serve the interests of the largest number of the railroad companys patrons This schedule provided for four trains each v ay a day between Social Circle and Monroe and also took care of connections at Social Circle necessary to provide convenient train service into and out of Atlanta as well as service to points south of Social Circle Upon consideration of the record in the matter and of the report made to the Commission by the committee recommending the adoption of these new schedules the Commission on May 24th 1911 issued the following order
The Monroe Railroad having submitted to the Commission proposed schedules for passenger train service on said road which said schedules contemplate the operation of trains as follows
83
930 a m 1000 a m 87
81 80
600 a m Lv Social Circle Ar 725 a m 630 a m Ar Monroe Lv 700 a m
85 84
445 p m 1125 a m Lv Social Circle Ar 415 p m
510 p m 1150 a m Ar Monroe Lv 345 p m said schedules are hereby approved and it is
82
1110 a m 1045 a m 86
600 p m 535 p m
311
Ordered That the Monroe Railroad shall on and after Sunday June 4th 1911 establish and maintain passenger train service in accordance with the above outlined schedules
By order of the Board
Train service as directed in the above order between Social Circle and Monroe was inaugurated by the Monroe Railroad since which time the Commission has received no further complaint
J T Lovett filed with the Commission a petition numerously signed praying that the Commission require the Southern Railway Company to provide colored porters on its passenger trains between Columbus and Atlanta Georgia to assist colored passengers in taking their luggage and baggage from the trains A copy of the petition was served upon the defendant railway company to which response was made by Assistant to the President H W Miller as follows
Referring to your letter of April 26th file 9908 enclosing petition signed by J T Lovett of Woodbury and others in regard to furnishing porter to assist colored passengers in taking their luggage baggage and little children from the trains received
I do not understand that the petitioners claim that colored passengers are discriminated against but in no view of the matter can the Railway Company recognize the merits of their petition
The Southern Railway Company like all other railroads which are passenger carriers merely holds itself out to afford adequate facilities incident to the transportation of persons from station to station This does not include the furnishing of attendants or porters to assist passengers with their baggage I do not wish it understood that the train porters do not sometimes do this but when they do it is simply an additional accommodation They are engaged for the purpose of keeping in order the coaches and for placing the step for passengers to board our trains or to alight therefrom at stations Where passengers are encumbered with heavy baggage which they can not carry in their hands we as you know provide baggage cars to meet just such contingencies and carry free one hundred and fifty pounds of baggage being responsible therefor as an insurer
Inasmuch therefore as we do not provide porters to assist white passengers with their baggage we must decline to furnish them for colored passengers There is no legal duty upon the carrier to afford this character of assistance to the passengers
Upon consideration of this response the Commission referred its file in this matter to its special attorney with the request that he furnish his opinion as
FILE NO 9908
J T Lovett et al vs
Southern Railway Co
312
to the duty imposed by law upon common carriers to assist passengers with hand baggage and in accordance with this request the Commissions special attorney rendered the following opinion a copy of which was furnished the representative of the petitioners in this matter with the advice that after investigation the Commission was of the opinion that it had no authority under the law to compel railroads to furnish porters either white or colored for the purpose of assisting passengers in handling hand baggage except where such baggage was regularly checked when it must be handled for all alike and that the Commission was therefore without authority to grant the relief prayed for
File 9908
I have your letter of the 22d instant enclosing papers in the above file and in which you wish my opinion as to the duty imposed by law upon carriers to assist passengers with hand baggage
Ordinarily it is no part of the duty of the employees of a railway company in charge of passenger trains to assist passengers to alight therefrom
C R Co vs Perry 58 Ga 4613
C R Co vs Thompson 76 Ga 7702
Daniels vs R Co 96 Ga 786
Atl Con St R Co vs Bates 103 Ga 3332 347
Wilkes vs R Co 109 Ga 794
Southern Ry Co vs Reeves 116 Ga 743
A carrier is not ordinarily under any duty to render assistance to a passenger in alighting from its cars
So Ry Co vs Hobbs 118 Ga 230
Tucker vs C R Co 122 Ga 391
This is the general rule
When a passenger is manifestly aged infirm sick or of defective eyesight then it becomes the duty of the railway carrier to render him or her such assistance
3 Thomp Negligence 2846
Hutch Car 2nd Ed SS 617a 670
2 Shear Redf Neg 5th ed S 510
Ray Neg Pas Carriers S 67
1 Felter Car Pas S 106
Our Supreme Court is inclined to the view that such is the law
So Ry Co vs Hobbs 118 Ga 231
It might be the duty of the carrier to assist passengers similarly situated to those named above if the attention of the conductor is called to their situation
But neither under the general rule nor the exceptions thereto is the carrier under any duty to assist passengers with hand baggage to alight Nor does such duty rest upon the carrier as to women and childrenordinarily
313
Even in cases falling under the exceptions to the general rule the carrier is not required to furnish employes specially for this purpose The carrier is not required to furnish a porter for this purpose generally
Whenever the case of a particular passenger comes within the exception and the attention of the conductor is called to it then it would be his duty to see that such passenger had the necessary assistance
But it is no part of the duty of the carrier to make provision for such general assistance for passengers
I return herein papers in this file
FILE NO 9958
W F Pomeroy j Complaint lack of drinking water on
vs L trains
Ga Southwestern Gulf R R Co J Filed May 29th 1911
Complainant advised the Commission that he was a passenger on the Georgia Southwestern Gulf Railway train from Cordele to Albany on May 27th and found that there was no drinking water provided in the first class passenger coach of said train upon account of which several ladies and children as well as himself were inconvenienced The matter was taken up with the officials of the railway company complained against and attention called to Passenger Rule No 9 of the Commission which provides that all passenger cars in use by railroads in this state shall be kept supplied with drinking water 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 In response to this complaint the Commission received from the president and general manager of the defendant railway company the following letter
Your favor of May 30th file 9958 and June 23d file 9958 with copy of letter signed by W F Pomeroy 2626 Pine street St Louis Mo complaining about the lack of water in coaches and treatment of conductor on a trip made from Cordele to Albany May 27th I had also received a similar letter and had handled the matter with the result that I found that on this day there was a local ConfederateVeteran Reunion at Warwick Ga The day was very warm and an unusual amount of water was consumed Cordele had not then commenced the operation of its ice factory for the summer and ice supply was not furnished from Cordele This unexpected and unusual travel caused the lack of cool water It is the rule of the company to furnish sufficient icef and this is the first instance that has come under my knowledge of a failure and we shall try and not let it occur again
Complainant was furnished with copy of the above quoted communication and his attention called to the explanation made of the failure of the railway company to provide drinking water on the occasion in question and no further complaint has been received
314
FILE NO 9965
W M Jenkins et al
vs I Admission to train shed and platforms
Atlanta Terminal Company J Filed June 2nd 1911
Complainants complained upon account of the rule of the defendant company prohibiting persons other than passengers from passing through the gates of the Atlanta Terminal Station leading to the trains operating into and out of said station After due hearing before the Commission at which both the complainants and defendant company were represented and presented their views and arguments in support of their respective contentions the Commission on July 28th 1911 issued the following order
In Re Complaint of W M Jenkins and others as to the rules and regulations governing admission to the train shed and platforms of the Atlanta Terminal Station
Upon consideration of the record in the above entitled matter and of the evidence and argument submitted at the hearing had thereon the Commission is of the opinion that the rule of the Atlanta Terminal Company denying general admission of the public to the train shed and platforms is reasonable and proper The public ought to recognize the reasonableness of proper restriction in the interest of and for the safety of the public itself But there should be exceptions to such a rule and it should be enforced with fair discrimination and with discretion
There are hundreds of passengers arriving at or departing from this station such as aged infirm feeble youthful or inexperienced persons and ladies unattended who need assistance or for one good reason or another should be met by escorts or some proper person interested in their comfort safety or welfare Such cases should be met by exceptions to the general rule and convenient facilities provided therefor This principle has been recognized by the Terminal Company but the facilities afforded for the admission to the shed and platform are in the opinion of the Commission insufficient and are not reasonably accessible and the general rule while reasonable in itself is harshly enforced and without the exercise of the proper degree of discretion
Since the complaint was filed provision has been made by the Company for the issuance of gate passes or permits under certain circumstances by the train caller on duty at the time The evidence shows that these train callers have many duties requiring their presence all through and about the station and that they have no designated station where they can be found or reached with reasonable convenience by the public The Commission is of the opinion that the reasonable requirements of the situation are not nor can they be met by this limited innovation nor does the amended rule grant any discretion to admit persons for the purpose of meeting or assisting incoming passengers under any circumstances
It is difficult if not impossible to prescribe in advance every exception which should be made to the general rule under discussion It is sufficient to
315
say that exceptions should be made with intelligence and discretion and the rules always enforced with courtesy even if with firmness
The Commission from numerous informal complaints is convinced that this is not always true at this station Subordinates charged with the administration of a rule affecting so largely the general public should be intelligent tactful and courteous and the owners of this station should pay such salaries as will secure the services of such subordinate officials
The public can not and ought not to be ordered here and there like menials nor refused an improper or unreasonable request with rude coarse or gruff denials or manner
A soft answer turneth away wrath but grievous words stir up anger
After careful consideration of this entire situation is is
Ordered That within thirty days from this date the Atlanta Terminal Company shall establish at a convenient and accessible location within the main waiting room or on the plaza leading from the waiting room to the entrance gates to the train shed or in or near the present Information Office in said station an office or suitable place in charge of some duly appointed officials who shall be in such office at least fifteen minutes prior to the arrival or departure of each passenger train for the purpose of and charged with the duty of issuing gate passes or permits to go upon the train platforms to such persons as come within the classes first above mentioned in this order and to such other persons as in his discretion or under the rules of the Company are entitled thereto
Ordered further That a suitable sign be placed at or over such office informing the public that gate passes or permits may be applied for at said office
By order of the Commission
Complainant complained upon account of the failure of the Seaboard Air Line Railway train No 80 and Southern Railway train No 29 to make connection at Columbus Georgia advising the Commission that Seaboard train No 80 arrived at Columbus at 535 p m while Southern Railway train No 29 left Columbus at 530 p m Complainant further stated that this condition was brought about by recent change of schedule of Seaboard Air Line Railway whereas prior to this change Seaboard Air Line train No 80 arrived at Columbus at 525 which insured the connection between these two trains and afforded the public a line of travel from all points on the Seaboard Air Line south of Columbus to all points on the Southern Railway between Columbus and Atlanta and beyond This matter was taken up with officials of the rail
FILE NO 10079
A J Carver vs
Southern Railway Co Seaboard Air Line Railway
August 14th 1911
316
way companies complained against and the Commission was advised by the Southern Railway Company that effective at once it would hold its train No 29 at Columbus as much as fifteen minutes for Seaboard Air Line train No 80 whenever passengers were reported for this connection Complainant was advised as to the direction given this matter by the railway company and no further complaint has been received
Mr W O Deen of Monroe Georgia on December 2nd telegraphed the Commission that the Gainesville Midland proposed taking off train and changing schedules to which the people of Monroe Winder and Jefferson objected The Commission having granted no authority to this railroad to discontinue any train service the matter was taken up by wire with the officials of this road advising them of the complaint made to the Commission and directing that immediate response be made The Commissions investigation developed that one train operatingbetween Belmont and Monroe had been discontinued hut the railway company contended that the change was only temporary and absolutely necessary upon account of the condition of its motive power Representatives of the railroad appeared before the Commission and explained to the Commission the action of the railroad company in discontinuing this train service and upon consideration of the matter the Commission on December 6th issued the following order a copy of which was transmitted to the officials of the railroad company with a letter which is also herewith quoted
In re Train service of the Gainesville Midland Railway
Complaint having been filed with this Commission alleging that the Gainesville Midland Railway proposed to discontinue the operation of one of its trains on Sunday December 3rd 1911 and the Commission after investigating finding that said railway did on said date discontinue the operation of one of its trains and said action of said railway company being in violation of the rules of this Commission in that this train service was withdrawn without authority therefor first being obtained it is now
Ordered That the Gainesville Midland Railway immediately upon receipt of this order restore the operation of its train which said railway admits was discontinued on Sunday December 3rd 1911
Ordered further That said Gainesville Midland Railway shall within five days from this date make report to this Commission of its action under this order
By order of the Commission
Referring to complaint filed with this Commission by Mr W O Deen of Monroe Georgia in regard to your company discontinuing one of its trains and especially to the hearing afforded counsel for you in this matter on yesterday at which said hearing counsel representing the Gainesville Midland Rail
FILE NO 10230
Gainesville Midland Railway Co Gainesville Georgia
317
way admitted to the Commission that the operation of one train had been discontinued as alleged This action on the part of the Gainesville Midland Railway being in direct violation of the rules of this Commission the Commission has passed an order in the premises a copy of which I hereto attach If after you have complied with this order and restored the operation of this train you then desire the Commission to consider your application for authority to permanently discontinue the operation of the same the Commission will of course give due consideration to any petition of this character which you might see fit to file
I will thank you to promptly acknowledge receipt of this letter
The following letter dated December 8th addressed to the Commission by the General Manager of the Gainesville Midland will show said companys compliance with the Commissions order
I beg to acknowledge receipt of your letter of the 6th enclosing order of the Commission regarding train service of the Gainesville Midlands Monroe branch and I beg to advise that I have arranged to reestablish the schedule as requested effective Sunday December 10th 1911 which I trust will be satisfactory and regret very much that we overlooked General Order No 2 as it is always my desire to comply with your rulings in every respect and assure you your orders are never intentionally disregarded by me
The complainant in this matter was duly advised of the direction given the same by the Commission and no further complaint has been received
The Georgia Florida Alabama Railway Company a Georgia corporation made application to the Commission for authority to issue 100000 additional capital stock and 39000000 fifty year first mortgage 5 per cent gold bonds said company showing to the Commission that it had extended its line of road from Cuthbert Georgia to Richland Georgia a distance of 2749 miles and that the funds derived from the sale of the stock and bonds prayed for were to be used for the discharging of debts contracted on account of its recently completed extension for providing funds for maintaining such extension and improving its service for the purchase of new equipment and for the paying of outstanding floating indebtedness The matter was duly heard by the Commission at its meeting on January 13th 1911 and it being shown that the issue of bonds prayed for was reasonable and necessary in the proper conduct of the petitioners business the Commission approved the issuance of the bonds as indicated above and for the purposes as stated The charter of this company only authorized the issuance of 30400inF0 of stock and the company
STOCK AND BOND ISSUES
FILE NO 9712
Georgia Florida Alabama Railway i
i Stock and bond issue
Co
Bainbridge Ga
318
desiring by this application to increase its capital stock to 45000000 the Commission advised the company that before it could pass upon its application to issue this additional stock necessary amendment to its charter would have to be secured This the company proceeded to do and subsequently its charter having been amended by the State authorizing an increase in its capital stock from the sum of 30400000 to the sum of 45000000 the Commission on February 23rd 1911 issued an order approving the issuance of the 10000000 additional capital stock as prayed for and for the purposes as indicated
Pelham Havana Railroad Company to issue stock
The Pelham Havana Railroad Company a corporation organized and chartered under the laws of Georgia to build a line of railroad from the City of Pelham Mitchell County Georgia to the City of Havana Florida petitioned the Commission for approval of an issue of common capital stock in shares of 10000 par value each in the total amount of 10000000 The petition showed that said railroad was actually constructed and in operation from Cairo in Grady County and runnning in a southwesterly direction to Calvary in said Grady County the actual length of the main line being sixteen miles Petitioner further showed that its original issue of common stock amounting to 25000000 was outstanding and this stock it desired to refund by the issuance of 10000000 of new stock approval of which was sought in this petition The petition further showed that the actual amount of cash expended in the building and equipment of the road at present in operation between Cairo and Calvary exceeded the par value of the entire amount of common stock which it proposed to issue The matter was duly assigned for hearing in accordance with the rules of the Commission governing applications of this character and after due hearing and such investigation by the Commission as was deemed necessary the Commission on May 3rd 1911 authorized the petitioner to issue its common capital stock in the total amount of 10000000 to be used to refund its original issue of stock outstanding amounting to 25000000
The Macon Gas Company petitioned the Commission for authority to issue 20000000 additional common capital stock and 20000000 first mortgage bonds Petitioner showed that its name hgd been changed from the Macon Gas Light Water Co to the Macon Gas Company that it had retired from the water business in the City of Macon and proposed to engage entirely in
FILE NO 9892
Cairo Georgia
FILE NO 10122
Macon Gas Company Macon Georgia
319
the gas business having sold all its property used in the water business to the mayor and council of the City of Macon that with the money received as the purchase price of its property used in the water business it proposed to pay off its outstanding bonds and also its first preferred stock that it desired to use the common stock approval of which was asked in this petition to pay off its outstanding second preferred stock so that there would be only one kind of stock outstanding the outstanding preferred stock amounting to 20034458 The bond which it proposed to issue the petition showed were to be used in making necessary extensions and improvements in its plant to provide working capital and for the general corporate purposes of the company After due hearing before the Commission as provided by its rules governing applications of this character the Commission on September 22nd 1911 issued the following order
IN RE APPLICATION OF THE MACON GAS COMPANY FOR AUTHORITY TO ISSUE STOCK AND BONDS
The above entitled matter having been duly heard and considered it appearing that the petitioning company has complied with the rules of the Commission and the law governing applications for authority to issue stock and bonds and the Commission having held such hearings and examined such witnesses papers and documents and made such other investigations as were deemed advisable and necessary and it being shown that the issues of stock and bonds prayed for are reasonable and necessary in the proper conduct of petitioners business said issues are hereby approved and it is
Ordered That the Macon Gas Company be and said company is hereby authorized to issue Two Hundred Thousand Dollars 20000000 additional common capital stock which together with the Three Hundred Thousand Dollars 30000000 of common capital stock at present outstanding makes the total authorized issue of common capital stock Five Hundred Thousand Dollars 50000000 said additional Two Hundred Thousand Dollars 20000000 of stock or the proceeds therefrom to be used to retire the present total outstanding second preferred five per cent noncumulative stock amounting to Two Hundred Thousand Three Hundred and FortyFour Dollars and FiftyEight Cents 20034458
Ordered Further That the Macon Gas Company be and said Company is hereby authorized to make execute and issue its first mortgage thirty year bonds bearing interest at the rate of five per cent 5 per cent per annum payable semiannually in the total amount of Two Hundred Thousand Dollars 200000 The proceeds from said bonds to be used in making necessary improvements and extensions to said companys plant as set out in the petition and record in this case but no more of the Six Hundred Thousand Dollars 60000000 of bonds contemplated in the mortgage to be executed by said company shall be issued except upon the future approval of this Commission and then only when necessary and in such amounts as may be reasonably required for the purposes specified in the Act approved August 22 1907
Ordered further That the securities herein authorized to be issued shall be
issued in manner and form as set out in said companys petition and amended petition and for the purposes as therein stated and for no other purposes
Ordered further That the Macon Gas Company make report to this Commission within ninety days from this date showing in detail what disposition has been made of the stock and bonds herein authorized to be issued or any part thereof and if no disposition has been made within that time said company shall regularly each ninety days thereafter make such report until disposition is made But this duty rests upon the Macon Gas Company alone and it shall not be incumbent upon the purchasers or takers of any of said stock or bonds to see that this provision of this order is complied with
By order of the Commission
The Elberton Eastern Railway Company petitioned the Commission for authority to issue 20000000 common capital stock and 30000000 of first mortgage forty year 5 per cent bonds the same to be used in the building and equipping of a railroad from Elberton in Elbert County Georgia to Tignail in Wilkes County Georgia a distance of 21 miles After due hearing before the Commission and such investigation as was deemed necessary the Commission on October 4th 1911 authorized the petitioner to issue the securities above indicated for the purposes as stated
Petition of the Irwinton Railway Company showed that it was a corporation chartered under the laws of Georgia and had constructed and was operating a line of railroad from McIntyre on the line of the Central of Georgia Railway Company to Irwinton all in Wilkinson County Georgia the total length of petitioners main line being 37 miles petitioner prayed for the approval of the Commission of an issue of common stock in the total amount of 1500000 to cover the cost of constructing and equipping said road After due hearing and such investigation as the Commission deemed necessary and it appearing that the petitioning company had complied with all the provisions of the law and the rules of this Commission governing applications of this character the Commission on October 6th 1911 approved the issuance of the stock as prayed for
FILE NO 10131
Elberton Eastern Railway Co Elberton Georgia
FILE NO 10133
Irwinton Railway Co Irwinton Ga
Petition for authority to issue capital
stock
Filed September 26th 1911
321
FILE NO 10148
St Simons Railway Co Brunswick Georgia
Stock and bond issues Filed October 5th 1911
The St Simons Railway Company showed to the Commission that it had constructed on the Island of St Simons in the County of Glynn Georgia from Ocean Pier to the New Hotel St Simons a standard gauge railroad 15 miles in length Petitioner requested authority to issue 2000000 common capital stock and 3000000 first mortgage thirty year six per cent bonds to be used in paying for the cost of the property of the petitioner and the cost of constructing and equipping said railway etc The Commission after due hearing and investigation on October 20th 1911 authorized the issuance of the securities as prayed for for the purposes as stated
The Georgia Railway Power Company a corporation incorporated under the general laws of the State of Georgia petitioned the Commission for authority to issue 1500000000 common capital stock to be dividedinto shares of 10000 each 200000000of first preferred capital stock divided into shares of 10000 each bearing 6 per cent per annum cumulative dividends the same to be preferred both as to principal and dividends 1000000000 of second preferred capital stock divided into shares of 10000 each the same to be four per cent per annum noncumulative preferred stock and to be preferred only as to dividends on the said stock and such preference to cease and terminate whenever dividends were paid on its common capital stock of four per cent per annum for three consecutive years and thereafter to beeome and be common capital stock and 3000000000 of first mortgage gold bonds bearing interest not exceeding five per cent per annum dated January 1st 1912 and running for a period of sixtyfive years Petitioner showed that it desired to use the stock and bonds approval of which was asked or the proceeds therefrom to purchase the properties of the Georgia Power Company the Blue Ridge Electric Company the Atlanta HydroElectric Power Company The Interstate Power Company The Savannah River Power Company and the Atlanta Water Electric Power Company Petitioner further showed that it proposed to acquire a lease of all the properties of the Georgia Railway Electric Company Petitioner further showed that it desired to use a portion of the securities prayed for in this application for the purchasing and acquiring of interurban and suburban street car lines Petitioner further showed that in purchasing and acquiring the properties of the several companies which it sought authority to do in this petition it would take the same subject to all valid outstanding liens and mortgages and all subsisting contracts and undertakings and especially all obligations in which the public might be interested
FILE NO 10167
Georgia Railway Power Co Atlanta Ga
322
which petitioner would do and perform and it desired the right to hold any and all the stocks of said companies which it might acquire so long as it might desire or be necessary for the purpose of making developments under their several charters or performing or carrying out their undertakings and duties to the public Petitioner further showed that with the acquisition of all of the properties sought to be acquired it would be enabled to install a comprehensive system of electric distribution and serve a large scope of territory and that its total power development would amount to 350000 horsepower
After due hearings before the Commission and such investigations as were deemed necessary and upon consideration of the application the Commission on January 4th 1912 issued the following order Chairman Candler and Commissioner Hillyer dissenting from the decision of the Commission
In Re Application of the Georgia Railway Power Company for authority to issue stock and bonds
Whereas on December 15th 1911 the Commission issued its order authorizing the Georgia Railway Power Company to make execute and issue its common capital stock in the total amount of Fifteen Million 1500000000 Dollars and to make execute and issue its Preferred Capital Stock bearing six 6 per annum cumulative dividends the same to be preferred both as to principal and dividends in the total amount of Two Million 200000000 Dollars making an authorized aggregate total capital stock common and preferred of seventeen million 1700000000 dollars and
Whereas upon the application of petitioner the Commission has reconsidered said order and now amends the same so as to make the preferred six 6 per cent cumulative stock in the sum of two million 200000000 dollars above mentioned first preferred stock and in addition thereto hereby authorizes the said company to make execute and issue its second preferred four 4 per cent noncumulative stock in the sum of ten million 10000
00000 dollars making the total authorized capital stock common first preferred and second preferred of twentyseven million 2700000000 dollars so that the order of December 15th 1911 aforesaid as amended shall read and be as follows
The above entitled matter having been duly heard and considered and it appearing that the petitioning company has complied with all rules of the Commission and the law governing applications for authority to issue stock and bonds and the Commission having held such hearings and examined such witnesses papers and documents and made such other investigations as were deemed advisable and necessary and it being shown that the issues of stock and bonds hereinafter authorized are reasonably required and necessary for the purposes hereinafter specified it is now
Ordered That the Georgia Railway Power Company he and said company is hereby authorized to make execute and issue its common capital stock in the total amount of fifteen million 1500000000 dollars and to make execute and issue its first preferred capital stock bearing six 6 per cent per annum cumulative dividends the same to be preferred both as to principal and dividends in the total amount of two million 200000000 dollars and
323
to make execute and issue its second preferred four 4 per cent noncumulative stock in the total amount of ten million 1000000000 dollars making the total authorized capital stock common first preferred and second preferred of twentyseven million 2700000000 dollars the said capital stock or the proceeds therefrom shall be used only in acquiring and paying for the physical properties rights easements and franchises described in the application as now belonging to the Georgia Power Company the Interstate Power Company the South Carolina Power Company the Savannah River Power Company the Atlanta HydroElectric Company and the Atlanta Water and Electric Power Company and in the retiring and cancellation of all of the capital stock of the said companies outstanding authorized or approved by this Commission
Ordered further That the said Georgia Railway and Power Company be and said company is hereby authorized to create an issue of thirty million 3000000000 dollars first mortgage gold bonds hearing interest at a rate not exceeding five per cent per annum said bonds to bear date January 1st 1912 and to run for a period of sixtyfive 65 years Said issue of bonds to be secured by a mortgage copy of which is on file in this record and hereby made part of the same and for the purposes therein stated
The trustee of said mortgage is hereby authorized to certify and deliver to said Georgia Ralway and Power Company three hundred and fifty thousand 35000000 dollars par value of said bonds the proceeds of which shall be used for the purpose of constructing and equipping interurban and suburban street car lines from Stone Mountain through Clarkston to Decatur Georgia and said trustee is hereby also authorized to certify and deliver as much as ten million 1000000000 dollars par value of said bonds in exchange for a like amount par value of the bonds of the Georgia Power Company so that when said exchange is completed said trustee will have ten million 10000
00000 dollars of the bonds of said Georgia Power Company in its possession which shall then together with the mortgage securing the same be duly cancelled Said trustee is allowed to equalize unpaid interest coupons on both sets of said bonds in making said exchange Said trustee is also authorized to certify and deliver as much as one million five hundred thousand 150000000 dollars of said bonds in exchange for a like amount par value of the bonds of the Atlanta Water and Electric Power Company so that when said exchange is made said trustee will have said like amount of bonds of the Atlanta Water and Electric Power Company with all unpaid coupons which shall then together with the mortgage securing the same be cancelled and said trustee is authorized to equalize unpaid interest coupons upon said respective bonds in making said exchange Said trustee is further authorized to certify and deliver five hundred and fifty thousand 55000000 dollars of said bonds par value in exchange for a like amount par value of the bonds of the Savannah River Power Company so that when said exchange is made the trustee will be in possession of said five hundred and fifty thousand 55000000 dollars of bonds of the Savannah River Power Company which shall then together with the mortgage securing the same be cancelled and
324
said trustee is authorized to equalize unpaid interest coupons on said respective issues of bonds in making the said exchange
All the remaining parts of said issue of said thirty million 3000000000 dollars of bonds herein authorized in excess of the amounts that said trustee is herein authorized to issue shall remain uncertified by said trustee and shall not be issued or delivered until authorized by proper order of this Commission
Ordered further As one of the conditions upon which the authority herein granted by the Commission is based that no future issue of said bonds shall or will be authorized by this Commission except on the basis that the same shall be sold and paid for at not less than eightyfive 85 per cent of the par value thereof in cash and the proceeds to be used in acquiring additional properties or for improvements and developments made by the said company properly chargeable to capital invested which shall be satisfactorily shown to the Commission to have been made or provided for
Ordered further That said Georgia Railway and Power Company make report to this Commission within ninety days from this date showing in detail what disposition has been made of the stock and bonds herein authorized to be issued or any part thereof and if not disposed of within that time said company shall regularly each ninety days thereafter make such report until disposition is made but this duty rests upon the said Georgia Railway and Power Company alone and it shall not be incumbent upon the purchasers or takers of any of said stock or bonds to see that this provision cf this order is complied with
By order of the Commission
STREET CAR FARES AND SERVICE
FILE NO 9928
Passenger fare on extension of its Buckhead Line
Filed May 4th 1911
On May 4th the Georgia Railway Electric Company filed with the Commission the following petition
Your petitioner Georgia Railway Electric Company a street and suburban Railway Company organized under the laws of the State of Georgia respectfully shows
1 That it owns and operates a line of electric railway along Peachtree Road from Atlanta to Buckhead a distance of approximately six and onehalf miles on which it is now charging a fare of five cents per passenger for any distance along said route
2 That numerous citizens have requested petitioner to construct an extention of its line of railway along Peachtree Road from a connection with
25
the line at Buckhead to the county line of DeKalb County a distance of approximately two to two and onehalf miles
3 That to transport passengers over the said extension or any part thereof without an additional fare would not compensate petitioner for the service furnished nor justify petitioner in constructing the said extension and petitioner desires the right and privilege to charge the sum of five cents per passenger without transfer to any passenger transported on any part of the said extension between the connection with its present line at Buckhead and the said county line the said fare to be in addition to the fare charged on any portion of the line between Buckhead and Atlanta the said agreement as to the additional fare to cover a period of fifteen years next following the date of the construction of the said extension and after the expiration of such period a fare to be charged as may be reasonable
4 Petitioner further shows that it is not willing to construct the said extension except upon condition that it shall be allowed to charge an extra fare Petitioner has been requested by the citizens and property owners interested to construct the said extension and the said persons have agreed with petitioner that the conditions above referred to are reasonable and that it is proper that the additional fare above mentioned should be charged by petitioner
5 Petitioner further shows that on April 19th 1911 it petitioned the Honorable Commissioners of Roads and Revenue of Fulton County Georgia for the privilege consent and franchise to construct and operate the said extension upon the conditions herein named which petition was granted by order of the said Commissioners of Road and Revenue of Fulton County Georgia on May 3rd 1911 copy of which petition and order is hereto attached and made a part hereof
Wherefore petitioner prays that your Honorable Body will grant an order approving the conditions contained in the said petition and order of the said Commissioners of Roads and Revenue of Fulton County Georgia being particularly the conditions as to fares hereinbefore referred to Petitioner desires the passage of such an order before it enters upon the construction of said extension
And petitioner will ever pray etc
This matter was assigned for hearing before the Commission at its meeting on May 11th and the petitioner was directed to publish two notices of the hearing in the three daily papers published at Atlanta and file with the Commission copies of the newspapers containing the publications At the hearing representatives of the petitioner and other parties interested in the matter appeared before the Commission urging the granting of the petition After due consideration of the record and of the evidence and argument submitted at the hearing the Commission on May 11th issued an order denying the prayer of the petitioner and handed down the following opinion
Section 6 of the Act of 1879 creating the Railroad Commission is in part as follows
That said Railroad Commissioners are hereby authorized and required to make for each of the railroad corporations doing business in this State as
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soon as practicable a schedule of just and reasonable rates of charges foi the transportation of passengers and freights and cars on each of said railroads and said Commissioners shall from time to time and as often ns circumstances may require change and revise such schedules
The provisions of the Act of 1879 as to steam railroads were subsequently extended to street railroads
In the pending application the Commission is asked to approve a franchise granted by the Commissioners of Roads and Revenues of Fulton County in which is a contract stipulation that for a period of fifteen years the fares shall remain as fixed by said Commissioners in said grant
This Commission has exclusive jurisdiction in prescribing maximum rates to be charged by corporations under its supervision
These are made as matters of law and not of contract
If this Commission as constituted today could enter into a contract as to rates it could not bind its successors in office
To fix a rate for fifteen years or any other period would be in the teeth of the provision above quoted which expressly requires the Commission from time to time and as often as circumstances may require to change and revise its schedule of rates
The Commission therefore declines to approve the grant of the Georgia Railway Electric Company by the Commissioners of Roads and Revenues of Fulton County in so far as it relates to or proposes to fix or regulate fares to be charged by said corporation for transportation of passengers over the proposed extension or any part thereof
Upon proper application to this Commission it will hear evidence as to what is a reasonable and just charge for the transportation of passengers over the proposed extension and will prescribe such a rate subject to revision or change under terms of the law
Subsequent to the Commissions decision above indicated and in line with the last paragraph of the Commissions opinion the Georgia Railway Electric Company on May 24th petitioned the Commission as follows
Your petitioner Georgia Railway Electric Company a street and suburban railway company organized under the laws of the State of Georgia respectfully shows
1 That it owns and operates a line of electric railway along Peachtree Road from Atlanta to Buckhead a distance of approximately six and onehalf miles on which it is now charging a fare of five cents per passenger for any distance along said route
2 That numerous citizens and property owners have requested petitioner to construct an extension of its line of railroad along Peachtree Road from a connection with the line at Buckhead to the county line of DeKalb County a distance of approximately two to two and onehalf miles
3 That to transport passengers over the said extension or any part thereof without an additional fare would not compensate petitioner for the service furnished nor justify petitioner in constructing the said extension
4 Petitioner owns and operates other lines and routes in its system at the present time for a distance as great as the said line out Peachtree Road
from Atlanta when extended to the county line will he and charges on said other routes a uniform fare of five cents for any part of the distance including transfers Among the routes now in operation on which the said five cent fare is being charged is the route from Atlanta to College Park a distance of approximately nine miles the route from Atlanta to Fishers avenue on the River line a distance of approximately nine miles The actual result shown on these routes establishes the fact that a five cent fare does not pay the cost of operating and fixed charges and petitioner is unwilling to construct an additional line or route if the practice already in effect on the three routes above named is to be used as a precedent for fixing the same fare on the proposed new route
5 Petitioner shows that property owners and citizens desiring the construction of the said extension from Buckhead to the county line agree that an additional fare of five cents would be entirely reasonable notwithstanding the fact that passengers are transported on other routes now existing for a less fare
6 Petitioner desires the right and privilege to charge the sum of five cents per passenger without transfer to any passenger transported on any part of the said extension between the connection with its present line at Buckhead and the DeKalb County line out Peachtree Road the said fare to be in addition to the fare charged on any portion of the line between Buckhead and Atlanta Petitioner respectfully requests that the said fare be fixed by order of this Commission in advance of the construction by petitioner of the Said extension
Petitioner is unwilling to construct the said extension except upon condition that it be allowed to charge the said extra fare and in order that the prevailing fares on other routes in operation by petitioner shall not be considered as a precedent of the fare on this line and in order that the additional fare on this shall not be considered a discrimination petitioner respectfully requests that said additional fare of five cents be fixed by order of this Commission before it enters upon the construction of the said extension
Wherefore petitioner prays that your Honorable Body will grant an order fixing a rate of fare of five cents for any passenger transported on any portion of the said extension between Buckhead and the county line the said fare to be in addition to the fare charged on any portion of the existing line between Buckhead and Atlanta
Upon consideration of this petition by the Commission and after due hearing notice of which was published in the three newspapers at Atlanta the Commission on May 26th 1911 issued the following order
IN RE PETITION OF THE GEORGIA RAILWAY ELECTRIC COMPANY
PASSENGER FARES ON PROPOSED EXTENSION OF PEACHTREE AND BUCKHEAD LINE IN FULTON COUNTY
Upon hearing the above stated application it being made to appear that a passenger fare of five cents per passenger for transportation over the proposed extension of said Peachtree and Buckhead line from Buckhead to the DeKalb County line or any part thereof in view of the sparseness of the
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population in the territory contiguous thereto the volume of probable traffic and the estimated cost of said extension and operation is at this time and under existing conditions a reasonable and just charge
And it further appearing that the existing conditions along the line of said proposed extension are dissimilar to those on the other lines of said company in and out of Atlanta upon which maximum fares of five cents per passenger are allowed it is
Ordered That the prayer of the petitioner be granted and until the further order of this Commission a maximum fare of five cents per passenger for transportation over said extension from Buckhead to the county line or any part thereof is hereby prescribed the said fare or charge to be in addition to the existing fare on the line from Atlanta to Buckhead
Provided that the total fare to be charged per passenger over the existing line to Buckhead and over the proposed extension to the DeKalb County line shall not exceed ten cents
By order of the Board
Citizens of Savannah Georgia through their attorneys filed with the Commission the following petition complaining against the service and street car fares of the Savannah Electric Company
The petition of R E Saul D B Lester J B Chestnutt W B Stillwell Richard M Raines W E Dawson Earl J McCone J T Abrams E W Robinson W W Aimar Evan J Thomas and C T Ledlie on behalf of themselves and numerous other citizens all residents of Chatham County Ga respectfully shows
1 They are a committee of a voluntary association known as Savannah Suburban Street Railway Improvement Association
J F Sullivan also joins herein as Chairman of the Streets and Lanes Committee of the Mayor and Alderman of the City of Savannah being delegated thereunto by said mayor and aldermen
P D Daffin also joins herein as Chairman of the Park and Tree Commission of said city
2 Said Association was organized for the purpose of securing proper service from and just and reasonable rates of fare On the street railroad system in and about the city of Savannah and resulted from an invitation from the mayor of the city to submit to him complaints respecting such service and rates of fare
3 Savannah Electric Company is a street railroad corporation duly organized under the laws of said state and Operates the entire system of electric street and suburban railroads in the ffity of Savannah and county of Chatham
FILE NO 10007
City of Savannah et al vs
Savannah Electric Company
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4 Said committee formulated and presented to said Electric Company substantially the demands herein set out and entered into negotiations with respect thereto but being unable to reach an agreement it presents its complaint to your Honorable Body and prays that after proper investigation and hearing the Electric Company may be required by proper order to do all and singular the acts and things and establish charge and receive the fares herein set out said committee alleging that they are in all respects proper fair just and reasonable both to the public and to the Electric Company towit
5 Thunderbolt Line
a At least a twenty minute schedule all the year round between the City of Savannah and thunderbolt
b On Saturday evenings after 7 oclock that each train going or coming from Thunderbolt shall carry a separate car for the accommodation of the colored patrons
6 Live Oak Sand Fly Line
a The present Sunday schedule to be maintained and in addition thereto a one hour schedule maintained from 8 a m to 10 a m for the accommodation of those desiring to go to Sunday school and church On week days a two hour schedule from 6 a m to 10 p m
b That all cars operated on this line shall be of a modern type equal to those on other lines of the Electric Company and that suitable open cars be operated during the summer months and suitable closed cars with heating apparatus be operated during the winter months and that all of such cars shall be kept clean and sanitary and in good repair
7 Montgomery Line
a That the power between Sand Fly and Montgomery be increased so that the long time now required to make the trip between these two points may be considerably decreased
b Through trains between the City of Savannah and Montgomery with out any change at Sand Fly said through trains to make at least four trips per day two in the morning and two in the afternoon
c That first class modern cars be operated on this line open cars to be used in the summer months and closed cars properly heated to be used during the winter months
8 Isle of Hope Line
a That modern double truck cars shall be run on this line to be kept clean and sanitary open cars to be run during the summer months and closed vestibule cars properly heated to be run during the winter months
b That a loop be put in at the terminus at Isle of Hope
c On Saturdays that trains between 2 and 4 oclock p m shall carry an extra car for the accommodation of the colored patrons of this line
9 E W Belt
a A 15 minute schedule from 530 a m to 7 a m a seven and onehalf minute schedule from 7 a m to 9 a m a ten minute schedule from
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9 a m to 530 p m a seven and onehalf minute schedule from 530 to 730 p m and a fifteen minute schedule from 730 p m until midnight
b That suitable cars of sufficient size or capacity to give adequate room for all passengers and the proper separation of races be run on this line and especially on the morning and afternoon seven and onehalf minute schedules
10 Indian Street Line
a That one large comfortable modern doubletruck car be run on the Indian Street line of sufficient capacity to accommodate the patrons and that it shall be at all times kept in a clean and sanitary condition
b That car on this line be run to the City Market via West Broad and St Julian street which could be done by laying track one block from West Broad to Montgomery street thus giving the Indian street line direct connection at the city market with every other line in the city
11 Liberty Street Line
a That not less than two modern built cars be run at all times on this line thus giving a seven and onehalf minute schedule
12 Daffin Park Line
a A fifteen minute schedule from 6 a m to 12 midnight
b That on Saturday nights after 9 oclock all trains shall be com
posed of two cars one of which shall be for the accommodation of the colored passengers
13 Best Street Line
a A ten minute schedule from 6 a m until 9 p m and a fifteen minute schedule from that time until midnght
b Modern cars of sufficient capacity to accommodate the patrons and to make proper separation of the races
c That the present tracks serving as a terminus on Best street be dis
continued and the main line extended out Montgomery street extension to the city limits this extension being for the benefit of about two thousand
people living in that section of thecity who are now required to walk prac
tically one mile before reaching the cars
14 Habersham Street Line
a A fifteen minute schedule from 6 a m until midnight
b Modern cars similar to cars numbered 420 and 421 of sufficient capacity to accommodate the patrons
15 Mill Haven Line
a A schedule of not less than 30 minutes
b That comfortable open cars be run during the summer months and comfortable closed cars properly heated be run during the winter months
16 A B Belt
a A seven and onehalf minute schedule from 6 a m until 9 p m except between the hours of 1 p m and 4 p m when there shall be a five minute schedule and a ten minute schedule from 9 p m until midnight
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17 Dale Avenue Line
a That a car be run from the eastern terminus of this line at the fallowing hours 6 a m 7 a m 10 a m 12 noon 1 p m 2 p m 6 p m 7 p m and 9 p m
18 Passengers on Parcel Car
Sufficient accommodation or equipment on the parcel car which carries freight for white passengers the present accommodations and equipment being inadequate or the running of car or cars preceding or following parcel car for the carrying of passengers
19 Condition of Tracks
That an inspection be at once had of the tracks of the following lines of the Electric Company by an expert of your Honorable Body which tracks petitioners allege to be unsafe with a view to determining their safety and the immediate placing in a safe condition of any portion thereof which may be found to be unsafe
Dale Avenue line
Montgomery line between Sand Fly and Montgomery including the necessity for current of greater power
Sand FlyLive Oak line
20 Stations Depots and Waiting Rooms
The erection of suitable structures at Cathedral Cemetery Bonaventure Cemetery the Casino at Thunderbolt Live Oak Bona Bella Perth Sand Fly 40th street junction Bethesda Burnside Beaulieu and Montgomery the putting in proper repair of the depot and surroundings at Isle of Hope and that all such stations depots and waiting rooms be at all times kept in a sound clean and sanitary condition
21 Transfers
a From incoming Thunderbolt cars to Daffin Park cars going south at the intersection of Ott and Bolton streets
b From incoming Daffin Park cars at Habersham Gwinnett streets to A and B Belt cars going south to be used at Abercorn and Gwinnett streets and at Abercorn and Gwinnett streets from A and B Belt cars going north to outgoing Daffin Park cars to be used at Habersham and Gwinnett streets
c Within the city limits of Savannah from and to any car without reference to parallel lines such transfers to be used only at the points of intersection and within the specified time limit punched thereon
22 Fares
A five cent fare from and to any point in the City of Savannah to and from Thunderbolt sometimes known as Warsaw
A five cent fare from and to any point in the City of Savannah to and from any point between Live Oak and Sand Fly
A round trip fare from and to any point in the City of Savannah to and from Montgomery of not exceeding fifteen cents
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A five cent fare from and to any point in the City of Savannah to and from Isle of Hope
The sale by conductors on cars of six tickets for 25 cents and 24 tickets for 100
The sale by conductors on cars of 40 tickets for 100 for children under 12 years of age
23 Freight and Rates Therefor
a The establishment and promulgation by your Honorable Body of reasonable rates for the carriage of freight by the Electric Company
b That there shall be established and maintained near the city market a place for the receipt and delivery of freight carried on the parcel car such freight now being delivered to and received from car while standing in the street
24 General
a That eating of meals by trainmen on all cars be discontinued
b That dogs cats goats or other animals shall not be transported on the passenger cars of the Electric Company unless crated
c That all cars shall be thoroughly cleaned and floors scoured each might and put and kept in proper state of repair and serviceability
d That all motor cars shall be equipped with a sand box and hose leading directly to the fail and a lever convenient to the motorman making it possible for him to sand the rails on wet days and in case of emergency
e That all double truck cars shall be equipped with air brakes and lenders
f That within a reasonable time all single truck cars now operated shall be replaced by cars with double trucks of modern construction and that single truck cars shall not be used except as trailers
Wherefore petitioners pray
1 That your Honorable Body will transmit a copy of this petition to the Savannah Electric Company
2 That Savannah Electric Company be required to answer the same within a reasonable time to be determined by your Honorable Body
3 That your Honorable Body will thereafter as expeditiously as possible at a suitable time and place proceed to hear and determine the matters herein set out and grant the relief herein prayed for
4 For such other and further relief as may be required or justified
Upon account of the extended scope of this petition and the fact that all
parties interested in the same and who might participate in the case as witnesses for both sides were residents of Savannah the Commission decided that an adjustment of the case would be expedited and both time and expense saved to all parties concerned for the hearing to be held in Savannah Accordingly a committee of three members of the Commission went to Savannah and spent one week in hearing the evidence and testimony of the complainants and the defendant company and this committee also made a personal inspection of the physical condition of the defendant companys properties Subsequent to the taking of the evidence and testimony before the
committee in Savannah the case was fully argued by counsel for both sides before the Commission at its office and the following orders will explain the Commissions conclusions and decisions
Order issued November 17 1911
In Re Savannah Suburban Street Railway Improvement Association vs Savannah Electric Company application for improved street car facilities and service and reduced fares
Upon consideration of the record in the above entitled matter and of the evidence and arguments submitted at the hearings had thereon the Railroad Commission of Georgia promulgates this its formal order setting out its findings and rendering its decision as to each complaint made in the order appearing in the original petition
Thunderbolt Line
a The petition for a twentyminute schedule all the year around between Savannah and Thunderbolt is denied In the opinion of the Commission the present advertised winter and summer schedulestogether with the extra or tripper service provided on occasions when traffic is above normal are sufficient
b The petition of petitioners that on Saturday evenings after 700 oclock each train going to or coming from Thunderbolt shall carry separate cars for the accommodation of colored patrons is denied the Commission hereinafter promulgates an order touching the separation of white and colored passengers on all the cars of the Savannah Electric Company which in its opinion will meet the situation
Live OakSand Fly Line
a The Commission is of the opinion from the evidence submitted at the hearing that additional service on this line is not necessary except on week days between the hours of 135 p m and 435 p m during which period an additional car should be operated with particular reference to the accommodation of children returning from school in the city and it is so ordered
b As to the equipment of this line it is
Ordered that the type of semiconvertible double truck cars now operated on said line or others not inferior to the same shall be retained and operated
Ordered further that heating apparatus for these cars be installed therein and used whenever the temperature inside of the car reaches 40 degrees or lower
Montgomery Line
a As to the increase in power on this line it is
Ordered that both sides of the track on MontgomerySand FlyLive Oak lin be bonded and a feed wire installed for the entire line within 30 days
b The Commission does not deem the evidence sufficient to demand the operation of additional through cars between the City of Savannah and Montgomery and this prayer is therefore denied
c As to the equipment of this line it is
Ordered that the type of semiconvertible double truck cars now operated on said line or others not inferior to the same shall be retained and operated
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Ordered further that heating apparatus for these cars be installed therein md used whenever the temperature inside of the car reaches 40 degrees or ower
Isle of Hope Line
a The equipment now in use on this line in the opinion of the Commission is suitable and proper except that the cars used in the winter shall be equipped with heating apparatus and used whenever the temperature inside the car reaches 40 degrees or lower and it is so ordered
b The Commission is of the opinion that there is no present necessity for the construction of a loop at the Isle of Hope terminus
c The petition as to providing separate ears for the races on Saturday afternoon is denied the Commission hereinafter promulgates an order touching the separation of white and colored passengers on all the cars of the Savannah Electric Company which in the opinion of the Commission will meet the situation
W Belt
a The Commission is of the opinion that the schedules now operated on the E W Belt line sufficiently accommodates the traffic offering and this petition is therefore declined
b The equipment on this line in the opinion of the Commission is sufficient to take care of the present demands made upon it the separation of the races is provided for in the order of the Commission hereinafter promulgated
Indian Street Line
a As to the equipment of this line it is
Ordered that the type of car modern single truck now operated and which was placed on this line since the filing of this petition or a type not Inferior thereto be retained
b As to the extension of this service to the city market the petition is denied as no controlling evidence was submitted at the hearing as to the necessity for granting the same To operate as prayed for would require the construction of one block of additional track and the Commission is doubtful of its authority to so order
Liberty Street Line
The conditions on this line are unsatisfactory both to the public because of the inferior service now given and to the company because of the insuffi cient traffic offring and the returns thereon The service on this line at present is such as not to encourage people to patronize the line The Commission is inclined to the opinion that a better service together with the maintenance of schedules will induce better patronage on this line and to this end
Orders that beginning December 1st 1911 two cars be operated on this line between the Union Depot and Tybee Depot under a ten minute headway for a period of twelve months
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Ordered further that the Savannah Electric Company keep separate accounts of the income and expenses of this line and report the same to the Commission monthly together with information as to the number of passengers carried
Ordered further that the Savannah Electric Company furnish this Commission monthly with statements of delays to interruptions of and failures in making schedules
Baffin Park Line
a Ordered that the extension since the filing of this petition of the 15minute schedule from 900 p m to 1055 p m be approvedand kept in force
b Ordered that the large cars which since the filing of this petition have been placed on this line on Saturday night or others not inferior thereto in order to provide sufficient accommodations for white and colored passengers be continued permanently
Best Street Line
a Ordered that the schedules with a 12minute headway put in operation since the filing of this petition be approved as sufficient for present
needs
To facilitate the operation of cars on this line the Commission strongly recommends that the company obtain as quickly as possible permission from the city government for the installation of a switch on Montgomery street at or about 34th street
b The equipment on this line in the opinion of the Commission is sufficient for the present demands upon it the separation of the races is provided for in the order hereinafter issued by the Commission
c As to the extension of this line the petition is denied inasmuch as the Commission has no power to compel the construction of a new line
The Commission is however of the opinion that with the consent of the city the respondent ought to make the extension prayed for
Habersham Street Line
a Ordered that the schedules now operated under 15minute headway until 820 p m be extended to 1100 p m
b The equipment on this line in the opinion of the Commission is sufficient for the present demands upon it
Millhaven Line
a The evidence at the hearing did not indicate that a more frequent schedule than at present operated is needed in the middle of the day during the rush hours the traffic is cared for by extra cars and this prayer is therefore declined
b As to the equipment on this line it is
Ordered that open or semiconvertible cars be operated on this line during the summer months and that closed cars only be operated during the winter months The Commission is of the opinion in view of the short length of this line and the conditions existing thereon that the installation of heating apparatus is not necessary
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A B Belt Line
a Ordered that the present schedules and headway be maintained except between the hours of 130 p m and 230 p m during which period a 5minute schedule shall be operated
Dale Avenue Line
a As to the operation of regular schedules on this line the Commission will rule on this subject when it passes upon the rate questions
Passengers on Parcel Cars
The Commission does not feel that it would be justified in ordering the company to provide additional passenger accommodations in connection with the parcel cars
Condition of Tracks
Ordered that the two trestles just next to Montgomery be at once repaired and strengthened and that the roadway and track between Live Oak and Montgomery with especial attention to the gauge of the track be put in better condition without delay
Ordered further that the trestle over Musgrove creek on the Millhaven line be repaired and strengthened without delay
Ordered further that compliance with this order be reported to the Commission within thirty days after which time this commission will have all of the suburban lines of the company inspected
Stations Depots and Waiting Rooms
Ordered that the Savannah Electric Company furnish this Commission within thirty days from this date blue print plans for suitable passenger stations with separate accommodations for white and colored passengers at Sand Fly and Live Oak to be such as will protect waiting passengers during inclement weather
In the opinion of the Commission the present depot passenger stations on the lines outside of the city except as above noted are fairly sufficient
The Commission is of the opinion that conditions do not reasonably require the erection of passenger stations within the city limits
Transfers
a The question of transfers from incoming Thunderbolt cars to Daffin Park cars is held in abeyance until the Commission passes upon the question of fares
b Ordered that transfers be given from inbound Daffin Park car at Habersham and Gwinnett streets to A B Belt cars going south to be used at Abercorn and Gwinnett streets within a reasonable time limit
Ordered further that transfers be given at Abercorn and Gwinnett streets from A B Belt cars going north to outbound Daffin Park cars to be used at Habersham and Gwinnett streets within a reasonable time limit
c As to transfers within the city limits from and to any car without reference to parallel lines the Commission is not satisfied from the evidence produced at the hearing that this is a reasonable demand and the same is therefore declined
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Fares
In reference to the petition for reduced fares on suburban lines and for a revision of the freight tariff it is impossible for the Commission to deal with these questions intelligently and fairly until it shall have ascertained accurately the earnings of the company The financial statements submitted by respondent do not clearly segregate the general expenses of the railway department and the lighting department and for the Commission to attempt to pass upon the question of rates without more accurate information as to the earnings of the railway department might result in injustice The Commission therefore will pass a separate order directing an immediate audit of the earnings of this company by an accountant employed by the Commission and thereafter will make its findings and render its judgment upon the petition for a reduction or change in passenger fares and freight tariffs at the earliest possible date
Freight and Rates Thereon
a See Fares
b In reference to the prayer of petitioner for the establishment near the city market of a place for the receipt and delivery of freight carried on theparcel car such freight now being delivered to and received from the car while standing in the street this arrangement according to the evidence seems to be reasonably satisfactory to shippers and consignees and is permitted by the city government therefore the Commission does not feel that it would be justified in ordering the establishment of additional or other facilities at this time
General
a Ordered that the eating of meals by conductors and motormen on car be prohibited
The company should allow its employees time to eat their meal at some place elsewhere than on the cars
b Ordered that the transportation of dogs and other animals upon the
passenger cars of the Savannah Electric Company be and the same is herebyprohibited
c The Commission does not deem it necessary to issue a formal order as to the necessity of keeping cars clean and sanitary but it does expect and require that cars shall be thoroughly cleaned at least once a day and oftener when necessary
d The Commission is not satisfied from the evidence submitted at the hearing that the sand box equipment as prayed for in the petition would prove more satisfactory than the present method of sanding tracks and therefore does not feel that it would be justified in ordering any change in the present equipment
e Ordered that within ninety days from this date all double truck cars used by the Savannah Electric Company be equipped with air brakes
In view of the conflicting opinions as to which is the best fender and in view of the further fact that a city ordinance now regulates the fenders to be
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used within the municipal limits the Commission passes no order for the present on this subject
f Many of the single truck cars in use by this company appear to be too lightly constructed to render in the opinion of the Commission comfortable and satisfactory service and while the Commission does not deem it wise to require that no more single truck cars be purchased or used on said lines it is of the opinion that such single truck cars as may hereafter be added to the equipment of said company should be of heavier construction and of a better type than those now in use and it is so ordered
Ordered that the Savannah Electric Company in seating passengers on all of its passenger cars shall seat white passengers from the front of the car towards the rear and colored passengers from the rear of the car towards the front and that conductors shall be required to enforce this rule strictly by requiring colored passengers beginning with the first seat in the rear to occupy such seat to its capacity before taking the next seat in front and so on
Ordered further that conductors be required to call the name of each intersecting street or the name of the station at which a stop is made just prior to the arrival of the car thereat
The schedules of the Savannah Electric Company do not seem to be maintained with that degree of regularity possible and in view of this condition it is hereby
Ordered that the company furnish this Commission monthly with statements of delays to interruptions of and failures to make schedules with causes thereof on the following lines
Daffin Park
A B Belt Line
E W Belt Line
Habersham Street
Best Street
From a somewhat close observation made by the Committee from the Commission during its weeks stay in Savannah of the train crews it was impressed with the fact that there was merit in the complaints as to the inefficiency of these crews the committee saw some employees who apparently were not of mature age sufficient to cope with the many difficulties arising in the discharge of the responsible duties of a conductor or motorman Some of these employees were only partially uniformed and others not at all The rule in reference to the seating of colored passengers did not seem to be strictly enforced by some conductors The committee was further impressed with the possible lack of strict supervision of the operations of the system resulting in many complaints which considered singly may be of small moment hut which when taken in the aggregate result in inefficient and unsatisfactory service
In this case complaints were made of the service on all the lines of a large street railway system At the hearing certain of these complaints were stressed certain others were touched upon lightly and still a few others were apparently either overlooked or intentionally not referred to by complainants
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In the briefs of counsel for both sides questions of service were not extensively discussed The Commission however before reaching its conclusions examined with painstaking care the oral evidence stenographically reported and the voluminous documentary evidence From all this evidence and from observations made by individual Commissioners on the ground this Commission has made a conscientious effort to reach just conclusions Should there remain any questions of service not passed upon the attention of the Commission may be directed thereto and any such questions will receive attention in the final order in the case
By order of the Commission
Order Issued January 5 1912
In Re Savannah Suburban Street Railway Improvement Association vs Savannah Electric Company application for improved street car facilities and service and reduced fares
The partial decision and orders of the Commission made in this complaint on November 17th 1911 disposed of a majority of the specific complaints and prayers of petitioners there remaining to be decided only questions arising out of the prayer for reduced fares on the suburban lines of respondent to Thunderbolt Isle of Hope and Montgomery for a regular service on the Dale Avenue line to Thunderbolt and for transfers from Thunderbolt cars to Daffin Park cars at Bolton and Ott street
To intelligently and fairly pass upon the question of reduced suburban fares a complete and thorough audit and analysis of the financial results of the companys business for twelve months ending December 31 1910 was deemed necessary This audit and analysis has been made during the past two months on the employment by the Commission of the American Audit Co of New York and its detailed report thereof has been submitted This examination by expert accountants was nonpartisan entirely disinterested and as thorough as accounting skill could make
It is now well adjudicated and universally accepted that a public service corporation is entitled to charge such rates for its services as will earn for it reasonable returns upon the fair value of the property being used by it for the public convenience Provided always such rates shall he reasonable and not more than the service rendered the public is worth
In reaching a conclusion as to the fair value of the property of the Savannah Electric Co used in its railway service the Commission has had the assistance of three experts in valuation and appraisal work viz Messrs Riggs Connette and Nash the first named employed by the complainants and the last two by respondent
The reproduction values submitted by these witnesses were as follows
Riggs 158818200
Connette 215764000
Nash 220068500
From his reproduction value Mr Riggs deducted 30815100 for depreciation thus leaving the present reproduction value of the physical properties actually used by respondent in its railway service as 128003100
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Mr Riggs purposely omitted from his valuations several items as to some of which he was not informed and others because in his opinion not necessary or actually used in railway operations In the first class were such items as working capital 3000000 materials and supplies 2477300 two vacant lots for barn additions 1050000 etc etc Upon having his attention drawn to these he stated they should be included in property account
In the second class were the Casino property at Thunderbolt the Isle of Hope Pavilion the Lincoln Park property 39 per cent of the wharf property etc etc
Messrs Connette and Nash on the other hand included all these items and others of a similar character The Commission has laboriously and carefully compared and checked these three valuations item by item in an effort to arrive at a true and fair valuation and if possible reconcile the differences between three honest experts
For reasons which seemed to it good and satisfactory it has used the Riggs appraisal as a basis and adding to it items which in its opinion should have been included allowing a slightly higher percentage for overhead and development expenses than allowed by Mr Riggs increasing somewhat his real estate valuations because shown by the evidence to have been undervalued and making further allowance for fair value as distinguished from reproduction physical values the Commission is of the opinion that the fair value of the property devoted to the public use in the railway service of the respondent is at this time 175000000 and that respondent is entitled to a fair return upon this valuation subject always to the right of the public to demand that no higher charges be exacted than the services rendered by it are really worth From this valuation we have excluded the abandoned Bolton street power plant the practically abandoned Dale Avenue line and all properties in our opinion not necessary to or used in railway operations including all franchise values The Commission is of the opinion that respondent in this case is not entitled to earn upon the value of its franchise grants as property investments They are taxed as property it is true and properly so but it is also true that taxes are allowed as a fixed charge and in the fares collected of the public the public is forced to repay the company every dollar of expense incurred in the form of taxation in the use of that property which the public donated the company for use in its behalf
The Commission has included in its valuations the Casino property at Thunderbolt and the pavilion at Isle of Hope Under other than the peculiar local conditions at Savannah we are not inclined to hold that such investments are properly chargeable to the public in a valuation for rate making purposes and our action in this case is not to be taken as a precedent
We are satisfied from a careful study of local conditions that these properties are very essential factors in creating muchly needed traffic for these two suburban resort lines and without their ownership and liberal maintenance by the street car company it is problematical if they would much more than pay operating expenses
It is unnecessary to go into further detail as to the different items included and excluded in this estimate of valuation the above are sufficient to illus
341
trate the lines upon which wo proceeded and it seems necessary only to add that not an item was included or excluded except after careful consideration of each
Having reached a conclusion as to the fair value of the property devoted to the public use we have undertaken to ascertain if the suburban fares now in effect are unreasonable to the public that is in excess of the value of the service rendered to the public and if not if they are giving the respondent unreasonably profitable returns on this valuation over and above reasonable operating expenses maintenance and repairs taxes and depreciation
The operating expense maintenance and repairs and general expense accounts have been thoroughly analyzed by our expert accountants and we have also compared them with like accounts of othersimilar systems
The assessment and tax charges are fixed by law but our experts have analyzed these with great detail and care as also the accounts first named especially with a view to their proper distribution between the railway and the light and power departments
As a result some readjustments and changes in distribution were made in their report to the Commission and our conclusions as to earnings are based on this report
The operating expenses maintenance and repair accounts are not extravagant or unreasonable hut to the contrary
In order that all this might be determined and demonstrated it was necessary to examine quite extensively into the light and power departments of respondents business and this was done
Facts and figures more or less confidential in nature were developed It would do no good to make these public and hence not all of the detailed figures from a study of which our conclusions were reached will he given in this opinion
The Commission is of the opinion that an annual allowance of three per cent of the total valuation of the physical properties of an electrically operated city and suburban street railway system for depreciation and obsolescence is fair and reasonable and this percentage we have allowed
The applied use of electricity is a comparatively new science obsolescence is especially to be taken into consideration not only in fixing the annual depreciation fairly chargeable to gross earnings but some allowance on property account in the early building up of the system should have been made and we have so done The total taxes paid for 1910 have been analyzed and di vided between the railway and light and power departments according to their respective valuations
The general expenses were analyzed and studied in detail and by going over each item were finally largely distributed between the two departments as actually incurred for account of each such items as were common to both were prorated upon the relation of actual gross income of the railway department and what should have been the gross income of the light and power department had normal and customary charges been adhered to
We have explained somewhat in detail the treatment the Commission has given the subjects of property valuations earnings and expenses in order
342
that the public so greatly interested in the transportation service rendered it may have an idea of the thoroughness of this entire investigation
For the fiscal year ending December 31 1910 the last year completed when this complaint was filed the gross income of the Railway Department of the Savannah Electric Company from railway operations rents and privileges
was 44898989
From interest on bank balances 21631
Total gross income 44920620
From which deductions allowed by the Commission
Maintenance of way structures and equipment 4846668
Traffic Superintendence Advertising etc 1732862
Transportation including superintendence power fuel supplies wages of conductors motormen trainmen barn employees and
all other help 13755702
General and miscellaneous including loss damage and injuries insurance general officers and clerks office and store expenses etc 5718960
Railway proportion of all taxes and assessments 2359539
Average annual depreciation 3 on 1750000 5250000
Total deductions 33063731
Net income available lor interest on funded debt and stock dividends 11856889
This sum of net income is equal to 677 per cent on 175000000 the fair value of the property of the Railway Department actually devoted to the public use
The Commission it will be noted has taken no notice of capitalization as represented by stocks and bonds nor of interest on funded or floating debts
In our opinion the above returns upon the fair value of this property is not unreasonable or excessive nor such as to justify a reduction in fares in connection with the fact that it is also of the opinion that the suburban passenger fares now in effect under existing conditions are not in and of themselves unreasonable to the public
Our investigation has to our surprise developed the fact that from a street car traffic standpoint and from this only the City of Savannah is not comparable with other cities of the Soth Because of topography lack of thickly settled suburbs rather restricted and congested residential conditions and its level and splendidly paved streets and boulevards inviting the use of automobiles carriages motorcycles etc or other reasons the people do not seem to use street cars as largely as in Jacksonville Atlanta and other Southern cities
In the city of Atlanta for example with a population approximately twice as large as Savannah the street car passengers hauled is five times the number transported in Savannah The people do not as liberally as in other cities of this section use the facilities they have and hence the traffic offered the company is not as profitable as it would otherwise be
While the Commission in view of all the facts and figures developed during this investigation is as stated convinced that the prayer for reduced suburban fares should in simple justice to the respondent be denied it is not without the hope that respondents passenger traffic and business may soon reach a
343
condition which will make five cent fares to Thunderbolt and Isle of Hope fairly remunerative The Commission will not hesitate to reinvestigate this question at some future time should it he so desired
Under the law the Commission is compelled to prohibit all unlawful discrimination practiced by carriers During this investigation it was developed that tickets were sold to members of the Golf and Yacht Clubs and to citizens of Thunderbolt 28 for 100 and 24 for 100 to certain patrons on certain cars within certain hours on the Mill Haven line The above practices are condemned as unjustly discriminatory and are hereby ordered discontinued This must he done by selling to the public generally or the withdrawal of special rates to particular persons
The special school or childrens tickets 40 for 100 as the Commission understands are available for purchase or use by any child not over 12 years of age on any line and therefore are not in our opinion unlawfully discriminatory and are not prohibited
Trip or book tickets may be lawfully sold at a discount provided they are available to the general public
The Commission has given careful consideration to the prayer for more frequent service on the Dale Avenue line to Thunderbolt and not without some hesitation has concluded to deny this prayer for the present as in its opinion a more frequent service is not now needed the traffic offering to Thunderbolt being well cared for and there being practically no intermediate traffic to
In the opinion of the Commission the prayer for transfers at Bolton and Ott streets from inbound and outbound Thunderbolt to Daffin Park cars is not a reasonable requirement
In conformity with the foregoing it is
Ordered that the prayers of complainants 1 for reduced fares on Thunderbolt Isle of Hope and Montgomery lines 2 for the operation of more frequent schedules on the Dale Avenue line to Thunderbolt 3 for transfers from Thunderbolt to Daffin Park cars at Bolton and Ott streets be and the same are hereby denied
Ordered further that the counter petition of the respondent for the approval of a schedule of fares involving a change in its fare collection points as effecting suburban fares be and same is hereby denied
By order of the Commission
The Kennesaw Paper Company a public service corporation operating an electric lighting plant in the City of Marietta Georgia petitioned the Commis
serve
FILE NO 10016
Kennesaw Paper Co Marietta Ga
344
sion to prescribe a schedule of rates to be charged by said company for lighting the streets of said city Copy of the petition was served upon the municipal authorities of Marietta and the matter assigned for hearing before the Commission at its meeting on July 6th 1911 which was subsequently postponed until July 12th 1911 At this hearing representatives of petitioner and of the City of Marietta appeared and submitted evidence and argument in support of their respective contentions with respect to this matter Upon consideration of the record in this case and of the evidence and arguments submitted at the hearing had thereon the Commission on July 21st 1911 issued the following order
In Re Kennesaw Paper Company vs City of Marietta Ga Rates for lighting the streets of said city
Upon consideration of the record in the above entitled matter and of the evidence and argument submitted at the hearing had therein it is
Ordered That on and after August 1st 1911 the following schedules of charges shall be the maximum schedules of charges for the services indicated allowed the Kennesaw Paper Company for furnishing electric lighting service for the purpose of lighting the streets of Marietta Georgia said lighting service to be furnished in conformity with the Philadelphia moonlight schedule adjusted to the longitude of said town arc lights candle power equal to those now in use560 per month street incandescent sixty candle power lights 200 per month street incandescent thirtytwo candle power lights 150 per month
The above rates prescribed for the services indicated are applicable to service furnished by the month said service being subject to discontinuance upon proper notice
iy order of the Commission
Complainant complained that the defendant company had discontinued at Pooler the operation of a telephone station which it had maintained at that point for some time and had refused to reestablish the station upon application The matter was taken up with the authorities of the defendant company and the following letter addressed the Commission by the VicePresident and
TELEPHONE AND TELEGRAPH RATES AND SERVICE
FILE NO 9793
M V Chambers vs
Southern Bell Tel Tel Co
345
General Manager will explain the result of the Commissions investigation and the direction given the matter by the defendant company
Acknowledging your valued favor of February 22nd addressed tp Mr Gentry who is absent from the city concerning complaint from parties at Pooler Georgia about our discontinuance of the toll station in that town I am advised upon inquiry of our Savannah office that we have for several years maintained a toll station in the store of P J Zeigler Co but that when that company sold out to J A Powell Company the latter company declined to act as toll station agents and it was therefore necessary to discontinue the station
In the meantime we endeavored to secure another location for this station as we did not desire to discontinue it permanently and our representative succeeded in effecting an arrangement with Mrs Chadwick the postmistress with whom the company entered into a contract for a toll station to be installed in the postoffice which I am advised is the most public place in the town and our plant department was instructed some days ago to install this station which will be done in the usual order of business
A copy of this response of the defendant company was furnished the complainant with the request that he advise the Commission if he had any further complaint to make but no response was received
Complainants complained upon account of a charge of 111 assessed by the defendant company for moving their telephone from one room in an office building in Atlanta to another room and requested the Commission to advise them whether or not the telephone company was authorized to assess this charge The matter was taken up with the defendant company who filed response to the complaint as follows
Acknowledging your letter of March 7th enclosing copy of letter from thq J A Fay Eagan Company concerning a charge for moving their telephone from room 507 Candler building to Room 1322 same building would say that this firm on June 15th 1910 executed a contract with us for a telephone in room No 507 Candler building the station being installed on June 16th 1910 and the contract running for a period of twelve months for a telephone at this location subject to cancellation thereafter by either party on thirty days notice
On January 18th 1911 before the expiration of the initial period of one year they requested this station moved from room 507 to room 1322 and executed a contract asking for the removal of this station in which they obligated themselves to pay the cost of removal on presentation of the bill Accordingly the
FILE NO 9808
J A Fay Eagan Co vs
Southern Bell Tel Tel Co
346
charge of 111 was made for the same this being the charge we make for such moves in Atlanta and arrived at several years ago by taking the expense of such moves for a long period of time and figuring out the average To get an average price for such moves was necessary for the reason that in a majority of cases the subscriber desires to know in advance what charge would be made Owing to increased cost of various items entering into such moves since these figures were made this charge does not now represent the average cost of such moves being considerably less than the actual average cost of such moves
In cases where the subscriber desires his telephone moved from one location to another and where he had had service for a longer period than one year we make such moves without charge to the subscriber In cases however where the move is desired before the expiration of the initial period of one year for which the contract is made we charge the subscriber for such removals as in this case
In connection with our conversation about this matter and the statement that we did not actually move the telephone in room 507 to room 1322 but left it as it was and installed a new station in room 1322 would say that this does not change the principle involved but is only in keeping with our usual policy in such matters The telephone left in room 507 of course produces no revenue unless some one moves into that room and subscribes for the telephone if that does not happen within a reasonable time we then remove the telephone entirely
In this connection I would respectfully call your attention to a ruling of your Commission which appears on page 236 in the report of the Railroad Commission of Georgia to the governor of Georgia dated May 1st 1909 File No 8569 which I think covers this point The complaint in that case was based upon a charge for moving a telephone from one building to another rather than one room to another in the same building but the same principle I think is involved
Upon consideration of this matter the Commission advised complainant that after investigation of this particular case in view of the fact that they had signed an order directing the telephone company to remove their phone in which order they agreed to pay the cost of removal on presentation of the bill and in view of the further fact that the telephone company actually incurred the expense of putting in a telephone in the office to which they moved in order to furnish service under the original contract the Commission was of the opinion that the charge of 111 in this instance was properly assessed
FILE NO 10075
Citizens of Winder Georgia
Complaint as to telegraph facilities
VS v
2 f Filed August 11th 1911
Western Union Telegraph Co j
The Commission was petitioned by citizens of Winder Georgia to require the Western Union Telegraph Company to establish an uptown office in said town
347
it being alleged that said companys office was located in the Seaboard Air Line Railway office which was some distance from the business portion of the town and which necessarily caused inconvenience to citizens desiring to patronize the telegraph company The matter was taken up by the Commission with officials of the telegraph company who were requested to investigate the situation at Winder and report to the Commission whether conditions at this town would justify the establishment of an office in the business portion as desired by the petitioners In response to this letter the telegraph company advised the Commission that it would open an independent office at Winder as soon as it was able to arrange for a suitable manager secure a location for the office etc The Commission was further advised by the telegraph company that this office was opened on September 16th 1911 Petitioners were so advised and no further complaint has been received
Southern Bell Telephone Telegraph telephone
The Southern Bell Telephone Telegraph Company petitioned the Commission for approval of an agreement entered into between said company and the mayor and council ot the City of Cordele Gedrgia providing rates for local exchange telephone service at Cordele This agreement provided that the telephone company would by October 1st 1912 install in the City of Cordele a modern common battery central energy telephone system in lieu of its present telephone system in operation in that town and thereafter furnish local exchange telephone service to its Cordele exchange subscribers within its exchange radius at and upon the following schedules of rates until said modern common battery central energy telephone system was installed the following rates for the service as indicated towit
Special line unlimited business service 300 per month
Duplex line unlimited business service 250 per month
Special line unlimited residence service 200 per month
Duplex line unlimited residence service 150 per month
When said modern common battery central energy system was installed and thereafter until 750 subscribers stations exclusive of farmers line stations wereconnected with said Cordele exchange the following schedule of rates for serviceas indicated
Special line unlimited business service 350 per month
Duplex line unlimited business service 300 per month
Special line unlimited residence service 200 per month
Duplex line unlimited residence service 150 per month
FILE NO 10090
Co
Atlanta Ga
348
After 750 subscribers stations are connected with said Cordele exchange and until 1250 subscribers stations are connected with said exchange the following schedules of rates for service as indicated
Special line unlimited business service 400 per month
Duplex line unlimited business service 350 per month
Special line unlimited residence service 250 per month
Duplex line unlimited residence service 200 per month
When the said number of telephone stations directly connected with the Cordele exchange reaches 1250 the charges for local exchange telephone service will not exceed the charges assessed in other cities of similar size and operating under substantially similar conditions
The matter was heard by the Commission at its meeting on August 15th 1911 when representatives of the petitioning company appeared in support of the petition and there being no objections filed to the granting of the authority prayed for after due consideration and investigation the Commission authorized the Southern Bell Telephone Telegraph Company to charge for local exchange telephone service at Cordele Georgia no higher rates than those set out above said rates to be effective on and after the installation of the improved system described in said companys petition and said rates further being subject to revision by the Commission at any time
FILE NO 10098
Amending telegraph rule No 2 Railroad Commission of Georgia j Fjed August 22nd 1911
The Commission had from time to time received complaints upon account of the failure of the telegraph companies operating in Georgia to deliver messages and the rules of the Commission not specifically requiring delivery of telegraph messages the telegraph companies were notified that the Commission would consider so amending its telegraph rule No 2 as to require delivery the following rule being submitted to the telegraph companies as the rule which the Commission proposed to adopt
Telegraph companies doing business in this state shall in each incorporated town or city in which they maintain offices make delivery to all points within the corporate limits of such town or city of all telegraphic messages to the addressee or to some one authorized to accept the same at his or her place of business or residence or leave a written notice thereof in case there is no one at such place of business or residence to receipt for the same within one hour after its receipt if the same be a day message or if a night message not later than 900 oclock a m the next morning after its receipt at originating point and that such deliveries shall be made without extra charge where the addressees residence or place of business be within or not exceeding one
34
mile from the office of the delivering telegraph company however for the delivery of one or more messages by one messenger at the same time to one addressee beyond the mile limit above referred to telegraph companies may charge no more than 15 cents for the first mile or fraction thereof beyond such mile limit and 10 cents for each subsequent mile or fraction thereof beyond
This matter was assigned for formal hearing before he Commission at which representatives of the telegraph companies appeared and submitted their views and arguments with respect to the adoption of the above quoted rule Ufiori consideration of the showing made by the telegraph companies and after carefully going over the record in the matter the Commission amended its telegraph rule No 2 to read as follows 1
Telegraph companies doing business in this state shall in each incorporated town or city in which they maintain offices make delivery to all points within the corporate limits of such town or city of all telegraphic messages to the addressee or to some one authorized to accept the same at his her or their place of business or residence or lehve a written notice thereof in case there is no one at such place of business or residence to receipt for the same and such deliveries shall be made without extra charge where the addressees residence or place of business be within or not exceeding one mile from the office of the delivering telegraph company
For the delivery of one or more messages by one messenger at the same time to one addressee beyond the mile limit above referred to telegraph companies may charge ho more than fifteen cents for the first mile or fraction thereof beyond such mile limit and ten cents for each subsequent mile or fraction thereof beyond
Wherever practicable such telegraph companies may deliver such messages by telephone upon written request of the sender or addressee thereof and charge the acutal expense of so doing
MISCELLANEOUS
FILE NO 10010
Railroad Map
Railroad Commission of Georgia I
a Filed June 19th 1911
It has been the custom of the Commission for years to publish and supply to the public having use for the same a railroad map of Georgia showing the railroad situation in this state The supply of maps issued by the Commission in the latter part of the year 1908 having been exhausted the Commission directed that a new map be issued and this record covers the information gathered from the railroad companies operating in the state relative to the location of their lines stations mileage etc A copy of the 1908 map was furnished
350
each of the railroad companies operating in Georgia and each railroad was requested to check over its respective lines and advise the Commission if the same were correctly shown and also furnish the Commission with other information relative to their respective lines such as changes in station names new stations relocation of lines extensions proposed extensions and all other information which might he valuable and of use to the Commission in revising its map and showing the railroad situation as it existed in the state at this time This information when received in the office was carefully checked over and compiled necessary changes and corrections made in the old map sufficient to bring the railroad situation in the state down to date and same was in due time furnished the publisher the Geographical Publishing Co at Chicago Illinois who in accordance therewith published the Commissions 1911 railroad map Five thousand of these maps were purchased and the same are being distributed by the Commission upon request of parties having use for the same
ool
RAILROAD MILEAGE IN THE STATE OF GEORGIA
In Miles and Decimal Fractions
Alabama Great Southern 2429
Atlanta West Point 8611
Atlanta Belt Line 524
Atlanta Stone Mountain Lithonia 350
Atlanta Birmingham Atlantic 48480
Atlantic Coast Line 67811
Atlantic Wayeross Northern 1100
Atlanta Northern 1820
Augusta Belt 376
Augusta Southern 8293
Augusta Summerville 432
Blakely Southern 2200
Bowdon Railway 1200
Brinson Railway 9600
Central of Georgia Railway 133250
Charleston Western Carolina 2047
Chattahoochee Valley 100
Fitzgerald Ocilla Broxton 1510
Flint River Northeastern 2303
Florida Central 1327
Flovilla Indian Springs 262
Gainesville Midland 7200
Georgia Railroad 31530
Georgia Florida 33950
Georgia Coast Piedmont 8150
Georgia Florida Alabama 10996
Georgia Granite 400
Georgia Northern 6744
Georgia Southern Florida 23925
Georgia Southwestern Gulf 3500
Greene County Railroad 680
Gulf Line 7730
Hartwell 1010
Irwinton Railway 370
Lawrenceville 961
Lexington Terminal 358
Louisville Nashville 16551
Louisville Wadley 1000
Macon Birmingham 9680
Macon Dublin Savannah 9289
Milstead Railway 290
Milltown Air Line 1000
352
Nashville Chattanooga St Louis 14225
Ocilla Pinebloom Valdosta 1138
Ocilla Southern 3570
Pelham Havana 1530
Register Glennville 3550
Rome Northern 1877
Sandersville 390
Savannah Augusta Northern 3900
Savannah Southern 1660
Savannah Statesboro 3260
Seaboard Air Line 73762
Shearwood Railway 537
Smithonia Dunlap 615
Smithonia Danielsville Carnesville 475
Southern Railway 90991
South Georgia 3859
Statenville Railway 1400
Sylvania Girard 1475
Talbotfon 663
Tallulah Falls 4350
Tennessee Alabama Georgia 4265
Tifton Terminal Company 1000
Union Point White Plains 1363
Valdosta Moultrie Western 4150
Wadiey Southern 9000
Waycross Southern 1000
Western of Alabama 017
Wrightsville Tennille 10442
Total Mileage 713803
Mileage as shown in 38th Report 705554
Increase
8249
Statement of Stock and Bond Issues and Other Securities Approved by the Railroad Commission of Georgia During the Year Ending December 31st 1911
Name of Corporation Amount of Bonds Approved Amount of Stock Approved Date of Approval
Gas Light Company of Augusta 15000000 Jan 5 1911
Gainesboro Telephone Telegraph Company 25000000 Jan 12 1911
Georgia Florida Alabama Railway Company 10000000 Jan 13 1911
Hawkinsville Western Railroad Company 20000000 10000000 Feb 16 1911
Tennessee Alabama Georgia Railroad Company 500000000 310000000 Mar 15 1911
Consolidated Ice Power Company 2500000 Mar 23 1911
Macon Dublin Savannah Railroad Company 22500000 Mar 24 1911
Kennesaw Paper Company 30000000 Mar 31 1911
Pelham Havana Railroad Company 10000000 May 3 1911
Mutual Light Water Company 40000000 May 4 1911
Toccoa Falls Light Power Company 10000000 5000000 May 4 1911
Cotton Belt Telephone Company 5000000 June 22 1911
Valdosta Moultrie Western Railroad Company 63000000 July 6 1911
Cary North South Railway Company 50000000 10000000 July 11 1911
Ware County Light Power Company 2000000 July 14 1911
Georgia Railway Electric Company 76900000 July 21 1911
Macon Gas Company 20000000 20000000 Sep 22 1911
Elberton Eastern Railway Company 30000000 20000000 Oct 4 1911
Greene County Railway Company 10000000 Oct 6 1911
Irwin ton Railway Company 1500000 Oct 6 1911
St Simons Railway Company 3000000 2000000 Oct 20 1911
Gulf Line Railway Company 24750000 7000000 Oct 26 1911
Seaboard Air Line Railway 275000000 Dec 5 1911
Georgia Railway Power Company 3000000000 2700000000 Jan 4 1912
Brinson Railway Company 10000000 Equipt Trust Notes Jan 19 1911
Hawkinsville Western Railroad Company 8124000 Time Notes Feb 16 1911
Seaboard Air Line Railway 150000000 Equipt Trust Notes Sep 5 1911
Greene County Railroad Company 824899 Time Notes Oct 6 1911
353
Statement of Financial Operations of Railroads for the Year Ended June 301911
Gross Earnings Operating Expenses Net Earnings Deficits Gross Earnings per mile
Alabama Great Southern 34867922 25120209 9747713 1435484
120821215 223346174 83306244 37514971 63186445 129929
Atlanta Birmingham Atl 160159729 303284 458899
Atl Stone Mount Lithonia 580174 883458 136511
552156771 629915 357332485 540800 194824286 89115 769202
Atlantic Waycross North 216837 58597
Augusts Bolt 1726667 1943504 45922C
Augusta Southern Rnwd nri Rv 17093144 801249 18016726 13358204 607559 3734940 193690 8072410 351148130 5391314 206115 66770
Brinson By 9944316 667859319 232624
1019007449 16611795 764734
Charleston West Caro Ry 11220481 771565
Chattahoochee Valley Ry 149686 105327 44359 299372
Fitzgerald Ocilla B R R 3554049 5287098 1733049 108421
Flint River Northeast R R 4293655 3923662 369993 186437
Plnrida HaTitriil R R 2336400 513200 855500 411400 1480900 101800 176100
Flovilla Indian Springs Ry 195504
rtaiTiocvillii TVTiilfinH Rv 16814429 321029166 67673866 9146945 12172963 241184096 54829128 7087499 4641466 79845070 233533
ripnrpiii R R 1045696
rtnroiQ r Flifidii Rv 12844738 2059446 203837
Georgia Coast Piedmont R R 108892
Georgia Florida Alabama Ry 27571596 22517918 5053678 255695
Georgia Granite B B 206680 21180455 190617952 10710072 317534 14453828 128882161 7521141 110854 48630
Georgia Northern Ry rionroiq fin Plnridn Rv 6726627 61735791 311477 796731
Ga Southwestern Gulf R R 3l8893l 306003
ftif Tine Ty 14938836 2514892 820005 10925318 4013518 788513 192759
Hartwell By 1726379 784376 248999
Lawrenceville Branch R R 35629 85328
Lexington Terminal R R 487642 526216 38574 136213
Louisville Nashville R R 199712015 136339146 63372869 771268
Louisville Wadley R R 2872023 1836437 1035586 287202
Operating Expenses per mile
Net
Earnings per mile
Percentage of Operating Expenses to Gross Earnings
1034180
895863 329073 207872 492223 50307
516889 161078
50630
128396
501208
521156 210654
161290
170371 64500
156720
169068
785616
165148
84374
208827 74714
212556 538692
214888
140972
170928 81621
146988
526528 1836441
401305
403430
129826
155676
8290
45037 16140 104227 23526 250409
7204
6895
7171
15200
6461
8585
11256
7815
7582
5520
6554
6755
88718
16565
111600
38784
64464
260082
38689
24851
46867
7030
14876
9138
3662
8000
7240
7513
8102
7720
8167
98920
258038
91115
51787
78071
3707
244740
103558
15300
6824
5371
7020
7300
6865
9565 10791
6827
6393
354
Statement of Financial Operations of Railroads for the Year Ended June 30 1911 Continued
Macon Birmingham Ry1
Macon Dublin Sav R R
Milstead R R
Milltown Air Line
Monroe R R
Nash Chat St Louis Ry Ocilla Pinebloom Valdosta
Ocilia Southern R R
Pelham Havana R R
Register Glennville Ry
Rome Northern R R
Sandersville R R
Savannah Aug North Ry Savannah Southern Ryv Savannah Statesboro Ry Seaboard Air Line Ry
Southern Ry
South Georgia Ry
Statenville Ry
Sylvania Girard R R
Talbotton R R
Tallulah Falls Ry
Tennessee Ala Ga R R
Tifton Terminal Co
Union Point White Plains Valdosta Moultrie W R R
Wadley Southern Ry
Waycross Southern R R Wrightsville Tennille R R
Totals
Western Atlantic R R
Gross Earnings Operating Expenses Net Earnings Deficits Gross Earnings per mile Operating Expenses per mile Net Earnings per mile
15499524 13748849 1750675 147614 130941 16673
46801111 33026644 13774467 503834 355546 148288
423284 669088 245804 145960 230720
23A4150 1054566 1259584 231415 l05456 125958
2768466 2308122 460344 276847 230812 46034
284743014 180916590 103826424 2001708 1271821 729887
552170 275607 276563 49080 24498 12291
4774799 2682069 2092730 215178 120868 94310
3461497 684335 2777162 226241 44727 181514
4518671 2570737 1947934 127287 72415 54872
1906126 3384587 1478461 100322 178136
15l2228 ll80869 331359 3780i57 295216 82839
2328262 1812371 515891 90653 61267 29486
1365259 724520 640739 105020 55724 49296
7790817 4213754 3577063 236085 127680 108405
494304630 367310687 126993943 661012 491188 169824
859953477 629312422 230641055 815416 596720 218696
14303276 7405206 6898070 370647 191894 178753
936012 795390 140622 66858 56813 10045
2873221 2204383 668838 191548 146959 44589
1549348 1383488 165860 221335 197641 23694
9447334 6848081 2599253 217180 157427 59753
4780732 7446135 2665403 112092 174587
683809 49174 254635 37989 23843 14146
1522747 1259580 263167 111720 92412 19308
6876472 4672549 2203923 163726 111251 52475
10626629 10676653 50024 118074 118629
2114853 2489483 374630 2ll485 248948
32711244 22618054 10093190 3l3266 2l6606 96660
4726245927 3298067428 1435395419 7216920 1
301968387 204562286 97406101 2207049 1495120 711929
Percentage of Operating Expenses to Gross Earnings
8870 7057
15900
4550
8337
6354
5000 5621 1975 5689
17748
7800 8720 5380
5400 7431 7318
5200 8497
7670 8929 7249
15600
6300 8272 6794
10047
11771
6914
6774
355
Statement of Financial Operations of Terminal Companies in Georgia for the Year Ended June 30 1911
Atlanta Terminal Company
Augusta Summerville Railroad
Augusta Union Station Company
Georgia Midland Terminal Company
Savannah Union Station Company
Totals
Deficit paid by tenant lines on basis of usage
Gross Earnings Operating Expenses Net Earnings Deficits
3024830 1334009 823245 282296 1196199 11083893 1114295 2969279 6185 7556035 8059063
219714
2146034
276111
6359836
6660579 22729687 495825 16564933
1
356
Statement of Financial Operations of Telegraph and Express Companies in Georgia for the Year Ended
June 30 1911
Gross Earnings Operating Expenses Net Earnings Deficits
Postal TelegraphCable Company 22952319 60788597 85499959 25001034 56249674 81711900 2048715
Western Union Telegraph Company 4538923 3788059
Southern Express Company
Totals
169240875 162962608 8326982 2048715
357
Statement of Financial Operations of Cotton Compress Companies in Georgia for the
Year Ended August 31 1911
Atlantic Compress Company
Cuthbert Compress Warehouse Company Georgia Warehouse Compress Company
Hawkinsville Compress Company
Montezuma Compress Company
Moultrie Compress Company
Riverside Compress Company
Rome Cotton Compress Gompany
Taccoa Compress Company
Vidalia Compress Power Company
Union Compfess Company
Union Warehouse Compress Company
Totals
Gross Earnings Operating Expenses Net Earnings Deficits
57445490 1961233 36043580 1399933 21401910 561300 460558
3143850 2683292
2135347 1657849 477498 217766 486639
1606955 1389189
1085726 599087
4488151 3497440 990711
1032292 795114 237178
1012721 530840 481881
1400000 930000 470000
2451956 2204180 247776
600000 341914 258086
78363721 52072418 26291303
358
Statement of Financial Operations of Telephone Companies for the Year Ended December 311911
Atlanta Telephone Telegraph Company
Blakely Telephone Company
Blue Ridge Telephone Company
Boston Telephone Company
Bowen Telephone Company
Bowman Telephone Company
Canton Telephone Company
Coleman Telephone Company
Cotton Belt Telephone Company
Dalton Telephone Company
Danielsville Comer Telephone Company
Dawson Telephone Company
Dogwood Telephone Company
Donaldsonville Telephone Company
Douglas Telephone Company
Effingham Telephone Telegraph Company
Ellaville Telephone Company
Ellijay Telephone Exchange
Free State Telephone Company
Gainesboro Telephone Telegraph Company
Girard Telephone Company
Hahira Bell Telephone Company
Harlem Telephone Company
Harmony Grove Telephone Company
Hart County Telephone Exchange
Jasper Telephone Company
Lavonia Telephone Company
Leslie DeSoto Telephone Company
Ludowici Telephone Company
Manchester Telephone Company
Mansfield Telephone Company
Gross Earnings Operating Expenses Net Earnings Deficits
20693679 867296 176399 160704 1867137 15216516 599500 176399 149784 5477163 267796
10920
1461100 263200 278076 406037 48800
312000 341558 70000
63482
32600 37400
3140000 2073000 1067000
1111201 372500 1503860 18000 986380 272500 803074 14700 l24821 100000 700786 3300
240000 550000 292605 320000 218800 428000 255060 21200
122000 37545
2l0000 25400 110000 28800
54200
103295 5967343 68456 34839
4206530 1760813 27450
210000 200000 182550 140000
60000
60000 60000
1344167 967678 376489 92636
474126 66000 381490 28500
37500
19865 163075 177755 35790
177755 258000
134400 123600 74000
256000 182000
152185 v 139720 12465
Statement of Financial Operations of Telephone Companies for the Year Ended
December 31 1911 Continued
Milledgeville Telephone Company
Monroe Telephone Company
Montezuma Telephone Company
Moultrie Telephone Company
Murray County Telephone Company
Mutual Telephone Telegraph Company
McRaeHelena Telephone Company 4
Nashville Telephone Company
Oglethorpe Telephone Company
Plains Telephone Company
Quitman Telephone Company
Roberta Telephone Company
Satilla Telephone Company
Screven Telephone Company
Southern Bell Telephone Telegraph Company
Southwest Georgia Telephone Company
Standard Telephone Company
Statesboro Telephone Company
Stephens County Telephone Company
Stewart Telephone Company
Summerville Telephone Company
Unadilla Telephone Company
Union Telephone Company
Union Telephone Electric Light Company
Vienna Telephone Company
Walker County Telephone Company
Washington Telephone Company
Wilkes County Telephone Electric Company
Willacoochee Telephone Company
Totals
Gross Earnings Operating Expenses Net Earnings Deficits
953330 682682 779882 323540 317000 173448 359142 163000 312200 500
480000
1080500 768300 71500
72000
827678 781181 790779 130000 46497
1149891 359112 230000 40000
360000 125000
85000
268000 1073726 219000 49000
642761 430965 65000
185000 147941 766526 120000
181576 657616 33635
108910 117369252
228783382 111414130
180000 140000 40000
393000 388750 4250
1029489 723929 305560 84649
305049 220400
47385 34268 13117
300000 257150 42850
273095 212945 60150
103600 540000 91500 12100
480000 60000
543600 447000 96600
395181 366583 28598
737007 399988 337019
140000 89000 51000
304620 125000 179620
283806557 151555021 132285171 33635
360
Statement of Financial Operations of Street Railroad Gas and Electric Light Companies in Georgia for
the Year Ended December 31 1911
Abbeville Electric Light Power Company
Albany Power Manufacturing Company
Americus Gas Electric Company
Athens Gas Company
Athens Railway Electric Company
Atlanta Gas Light Company
Atlanta Northern Railway Company
AugustaAiken Railway Electric Corporation
Central Georgia Power Company
Chattanooga Railway Light Company
Citizens Electric Light Power Company
City Suburban Railway Company
Clarkesville Railway Company
Columbus Power Company
Columbus Railroad Company
Consolidated Ice Power Company
Covington Oxford Street Railway Company
Dallas Light Power Water Company
Decatur Electric Light Power Water Company
Gainesville Railway Power Company
Gas Light Company of Augusta
Gas Light Company of Columbus
Georgia Power Company
Georgia Railway Electric Company
Kennesaw Paper Company
Lumber City Light Power Company
Macon Gas Company
Macon Railway Light Company
Mutual Light Water Company
Oconee River Mills Company
Gross
Earnings
400000
4367095 4193841 3607061
19258678
77224461
13923989
46774623
7597846 1450819 2374583 2823770
158605
22292347
21189793
8665546
759303
386400
1569395
2602947 11559307
3742513
8420292 394336081
2121692
306400 20532171 51235002
7995805
3083237
Operating
Expenses
320000
2631510 2728321 2235258 7285965 35568702 10544568
18890795 1976491 1305238
1864082 1521808
129975
6786100
11042846
5567586
571176
262000
1357871
1620905
6271683 2741853 2384477
174979807
1486296
281000
12281591
30148184
4754717
2159040
Net
Earnings
80000 1735585
1465020
1371803
11972713
41655759
3379421 27883828
5621355
145581
510501
1301962
28630
15506247
10146947 3097960
188127
124400
211524
982042
5287624
1000660
6035815
219356274
635396 25400
8250580
21086818
3241088
924197
Deficits
361
Statement of Financial Operations of Street Railroad Gas and Electric Light Companies in Georgia for
the Year Ended December 31 1911 Continued
Panola Light Power Company
Putnam Mills Power Company
Rome Municipal Gas Company
Rome Railway Light Company
Savannah Electric Company
Savannah Gas Company
Savannah Lighting Company
Tifton Ice Power Company
Toccoa Falls Light Power Company
Towaliga Falls Power Company
Valdosta Gas Company
Valdosta Street Railway Company
Villa Rica Electric Light Power Company Ware County Light Power Company Wofford Shoals Light Power Company TotalsI
Gross Earnings Operating Expenses Net Earnings
817147 434328 382819
738831 259578 479253
2322843 1442428 880415
17213823 8515071 8698752
69666769 47409082 22257687
21272547 10279805 10992742
12780397 11849785 930612
2621600 2006000 615600
1020000 390000 630000
2835986 1632929 1203057
1064932 1071538
715189 700336 14853
284772 250836 33936
8070108 7315719 754389
445276 244517 200759
886823322 445501797 441328131
Deficits
6606
6606
Summary of Financial Operations of Corporations Subject to the Jurisdiction of the Railroad Commission
of Georgia for Fiscal Year as Indicated
Gross Operating Net Deficits
Earnings Expenses Earnings
Railroad Companies 4726245927 K39 QSO 7A 9fi 7216920
Year ended June 30 1911
Terminal Companies 7Q 997 9Q C7 495825 16564933
Year ended June 30 1911
Telegraph and Express Companies 169240875 162962608 8326982 2048715
Year ended June 30 1911
Compress Companies 78363721 52072418 26291303
Year ended August 31 1911
Street Railroad Power Gas and Electric Light Companies 886823322 445501797 441328131 6606
Year ended December 31 1911
Telephone Companies 283806557 i k n 91 33635
Year ended December 31 1911 2044122831
0151140981 4132888959 25870809
363
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 1239773060 453241636 7320
1896 529141 1845846795 1818883628 627018167 7140
1897 537482 1830605182 1267270276 568284906 6920
1898 547526 1904698395 1349467794 555280601 7080
1899 553186 2108731036 1479071885 629659161 7014
1900 561488 2221185006 1642183063 679051943 6943
1901 581680 2324622552 1638365223 686257319 7048
1902 603532 2495276887 1763801423 731475464 7068
1903 6046 86 3041382375 2143443681 904249941 7047
1904 622981 3074201550 2177492537 902664400 7083
1905 4 642446 3823289112 2380367051 1001607415 7050
1906 646756 8710656577 2683370459 1085949011 7204
1907 670444 4072787745 3205275087 872599754 7869
1908 682853 3851670665 2996998572 857192664 7780
1909 699283 3950609983 2839181746 1114496900 7187
1910 705554 4417166814 3036765763 1383334029 6875
1911 713803 4726245927 3298067428 1435395419 6978
365
Statement of Accidents Occurring on Steam Railroads for the Year Ended December 31 1911
Passengers Employees
Killed Injured Killed Injured es i
Alabama Great Southern Railroad 0 0 0 o 24
Atlanta West Point Railroad 0 0 o 1 86
Atlanta Birmingham Atlantic Railroad 0 0 0 7 484
Atlanta Stone Mountain Lithonia Ry 0 0 o 0 4
Atlantic Coast Line R R 5 51 10 146 678
Atlantic Waycross Northern R R 0 0 o 0 11
Atlanta Northern Ry 0 7 0 2 18
Augusta Southern R R 0 9 0 19 83
Bowden Railway 0 0 0 0 12
Brinson Railway 0 1 0 0 96
Central of Georgia Ry 7 56 19 229 1332
Charleston Western Carolina Ry 0 1 0 3 20
Chattahoochee Valley Ry 0 0 o o 1
Fitzgerald Ocilla Broxton R R 0 0 0 0 15
Flint River Northeastern R R 0 0 o o 23
Florida Central R R 0 0 o o 13
Flovilla Indian Springs Ry 0 0 0 0 3
Gainesville Midland Ry 0 11 0 0 72
Georgia Florida Ry 0 3 0 14 339
Georgia Coast Piedmont R R 0 0 1 0 81
Georgia Florida Alabama Ry 0 1 2 3 110
Georgia Northern Ry 0 25 0 1 67
Georgia R R Monroe R R
Lexington Terminal R R 0 29 1 116 336
Union Point White Plains R R Augusta Belt Ry
Georgia Southern Florida Ry J 0 0 0 0 239
Georgia Southwestern Gulf R R 0 0 0 2 35
Greene County R R 0 0 0 0 r
Gulf Line Ry 0 0 0 0 77
Hartwell Railway I 0 1 3 1 Oj I 10
Laurenceville Branch R R V 0 o 10
Louisville Nashville R R 0 10 0 80 166
Louisville Wadley R R 0 0 0 0 10
Macon Birmingham Ry 0 0 0 0 97
Macon Dublin Savannah R R 0 0 o 3 93
Milstead Railway 0 0 O 0 3
Milltown Air Line Ry 0 0 o 0 10
Ocilla Pinebloom Valdosta R R 0 0 0 0 11
Ocilla Southern R R 0 0 o 0 36
Pelham Havana R R 0 V O 0 15
Register Glenville R R 2 1 1 1 35
Rome Northern R R 0 0 0 0 19
Sandersville Railroad 0 0 0 0 4
Savannah Augusta Northern Ry 0 0 1 0 39
Savannah Southern Ry 0 0 0 0 17
Savannah Statesboro Ry 0 0 0 1 33
Seaboard Air Line Ry 0 90 7 113 738
Shearwood Ry 0 0 0 0 5
Southern Ry 2 199 17 j 193 910
366
Statement of Accidents Occurring on Steam Railroads for the Year Ended December 31 1911 Continued
Passengers Employees Mileage
Killed Injured Killed Injured
South Georgia Ry 0 0 0 0 39
Statenville Ry 0 0 0 0 14
Sylvania Girard R R 0 5 0 0 15
Talbotton R R 0 1 0 1 0 j p 7
Tallulah Falls Ry 0 0 0 4 44
Tennessee Alabama Georgia R R 0 6 0 6 43
Tifton Terminal Company 0 0 0 0 10
Valdosta Moultrie Western R R 0 0 0 0 42
Wadley Southern Ry 0 0 0 01 90
Waycross Southern R R 0 0 0 2 10
Wrightsville Tennille R R 0 0 0 1 104
Western Atlantic R R 0 0 1 11 142
TOTALS 16 508 60 958
STREET RAILWAYS
Athens Railway Electric Company 0 0 0 0
Augusta Railway Electric Company 0 0 0 0
City Suburban Rwy Co Brunswick 0 0 0 1
Columbus Railroad Company 0 7 0 0
Gainesville Railway Power Company 0 1 0 0
Georgia Railway Electric Co Atlanta 1 425 0 60
Macon Railway Light Company 0 80 2 8
Rome Railway Light Company 1 5 0 2
Savannah Electric Company 2 25 01 4
Valdosta Street Railway Company 0 0 0 0
TOTAL 1 4 543 2 75
GRAND TOTAL 20 1051 62 1033
367
SUBJECT INDEX
PAGE
Acts of General Assembly viz 29
Act of 1879 Creating Commission 29
Act of 1890 Appeal to Interstate Commerce Commission 34
Act of 1891 Power to Bring Suit 35
Act of 1891 Amending Title of Act of 1879 35
Act of 1891 Inspection of Railroad Tracks 36
Act of 1891 Storage Charges 37
Act of 1891 Express and Telegraph Companies 38
Act of 1901 Cars for White and Colored Passengers 39
Act of 1905 Prompt Receipt and Delivery of Freight 40
Act of 1906 Liability to Property in Transportation 41
Act of 1906 Election of Railroad Commissioners 42
Abt of 1906 Station Accommodations at Night 42
Act of 1906 Cars for Peaches Cantaloupes etc 50
Act of 1906 Railroads Must Pay Claims Within 60 Days 41
Act of 1907 Increasing Membership and Powers of Commission 43
Act of 1908 Physical Connection Between Railroads in Incorporated
Towns 51
Act of 1909 Permitting Free Passes on Street Railroads to Policemen 52 Act of 1909 Permitting Common Carriers to Grant Passes to Former
Employees 52
Accidents Statement of
Railroads 365
Street Railroads 366
Accommodations at Railroad Stations at Night Law 42
Amendments to Classification See Circulars 97
Baggage Excess Rates for 57
Baggage Hand Duty of Common Carriers to Assist Passengers with229
BillLading Right of Railroads to Issue Separate BillsLading for different Articles Composing a Shipment 251
BillLadingSurrender of Original before Making Return of Rejected or
Refused Shipments 222
Bond and Stock Issues Certification by Secretary 220
Bond and Stock Issues Rules Governing Applications for 209
Bond and Stock Issues for Perfection of Merger and Acquisition of Property
by Lien 239
Bond Issues Authorized by Commission Statement of 353
Bond Issues Petitions for How Handled 15
Bond Issues Petitions for 317
Cars for Peaches and Cantaloupes Law 50
Circulars Changes in Rules Classification etc 82 and 97
368
PAGE
Claims Jurisdiction of Commission Over 41
Claims Law Requiring Payment of 41
Claims Method of Handling by Commission 17
Classification Amendment to See Circulars 8297
Classification of Freights Railroad Companies 122
Classification of Freights Express Companies 201
Classified List of Railroads Freight 116
Classified List of Railroads Passenger 115
Commissioners Election of Law 42
Commissioners Office Rules Governing Duties of209
Comparative Statement by Years of Railroad Earnings 364
Complaints and Petitions 277
Constitution Extracts from 22
Constitutionality of Railroad Commission Act of 1907 266
Corporations Summary of Financial Operations 363
Damage Claims for How Handled by Commission 17
Demurrage Charges Law Governing 37
Demurrage Claims Method of Handling by Commission 17
Demurrage Rules Governing Collection of 75
Depots Petitions for How Handled 20
Depots Rules Governing Petitions for 81
Directions for Computing Rates 120
Discrimination in Rates 293299
Distance Tabls 167
Duties of Commissioners Office Rules Governing 213
Earnings of Compress Companies 358
Earnings of Electric Light Companies 361
Earnings of Express Companies 357
Earnings of Gas Companies 361
Earnings of Railroad Companies 354
Earnings of Street Railroad Companies 361
Earnings of Telegraph Companies 357
Earnings of Telephone Companies 359
Earnings of Terminal Companies 356
Election of Commissioners Law 42
Employees of Commission Rules Governing duties of 213
Equipment Special Authority of Commission to Require Railroads to
Furnish 235
Equipment Duty of Railroads to Allow Cars to go Beyond Own Rails249
Estimated Weights Rules Governing 63
Excess Baggage Rates 57
Expense Bills What They Must Show Rule No 2 61
Expenses of Railroads Operating 354
Express Classification of Freight 201
Express Companies Jurisdiction of Commission Over Law 38
369
PAGE
Express Rules 194
Express Tariffs 190
Financial Statements 354
Flag Stations Shipments to Freight Rule No 15 68
Formal Complaints and Petitions 277
Freight ChargesRight of Commission to Authorize Refunds233
Free Transportation to Inmates of the Georgia Association for the Blind 247
Freight Classification 122
Freight Rules 61
Freights Standard Tariff 118
Freight Tariff Classes 117
General Orders 82
General Rules 53
HydroElectric Developments 9
Inspection of Railroads Law 36
Interstate Commerce Commission Duty of Commission to Appeal to Law 34 See also Opinion of Special Attorney page 217
Interstate Shipments When 230236
Joint Rates Freight Rule No 27 72
Jurisdiction of Commission Over Claims 41
Law See Acts of General Assembly 24 and 29
Lease Right of Commission to Approve and Jurisdiction of239
Letter Transmitting Report to Governor 3
Loss Claims for How Handled by Commission 17
MergerRight of Commission to approve issue of Stock and Bonds for
Perfection of 239
Mileage of Railroads in Georgia 351
Mixed Shipments See Freight Rule No 30 73
Opinions of Special Attorney to Commission 217
Orders General 82
Passenger Rules 57
Passenger Tariff Classification of Railroads 115
Petitions and Complaints 277
Prompt Receipt and Delivery of Freight Law 40
Railroads
Freight Tariff Classification 116
Passenger Tariff Classification 115
Railroad Laws Extracts from 24
Rate or Tariff Department of Commission 21
Rates Authority of Municipality to fix Rates in Franchise Granted to a
Company Subject to the Commissions Jurisdiction264
370
PAGE
Rates Complaints Of Discriminations in 293299
Rates Direction for Computing 120
Rebates See Rule No 2 53
Recommendations 11
Refund Right of Commission to Authorize 233
Report Letter Transmitting 3
Return ShipmentsSurrendering of Original BillLading before222
Routing Shipments See Freight Rule No 33 74
Rules of Commission viz
Freight Rules 61
General Rules 53
Passenger Rules 57
Governing Applications to Issue Stock and Bonds209
Governing Collection of Storage Charges 75
Governing Commissioners and Employees 213
Governing Erection and Location of Depots Stations etc 81
Governing Express Companies 194
Governing Telegraph Companies 188
Safety of Railroad Tracks Cars etc Law 36
Separate Accommodations for Races Law 39
See also Opinion of Special Attorney page 258
ServiceRefusal to Furnish by Corporations Where Patron Refuses or Fails
to Pay Bill 227
Side Tracks Petitions for How Handled 20
Stations Agency 167
Stations NonAgency 167
Standard Tariff 118
Station Accommodations at Night Law 42
Stock and Bond Issues Authorized by Commission Statement of 353
Stock Issues Authority of Commission to Approve or Disapprove Minimum
Capital Stock of a Corporation Chartered by Superior Court259
Stock and Bond Issues Certification by Secretary 220
Stock and Bond Issues for Perfection of Merger and Acquisition of Property by Lease 239
Stock and Bond Issues Petitions for How Handled 15
Stock Issues Petitions for 317
Stock and Bond Issues Rules Governing Applications for 209
Storage Charges Law Governing 37
Storage Charges Rules Governing 75
Stoves Special Rates on 94
TariffsRight of Commission to Require Publication of Joint Rates by Common Carriers 254255262
TariffsFailure of Railroad to Participate even Though Shown as Concurring Line 224225
Tariff Standard 118
371
PAGE
Tariff Department of Commission 21
Telegraph Companies Jurisdiction of Commission over Law 38
Telegraph Companies Rules Governing 188
Tickets Passenger Right of Railroad to Limit Time Within Which to be
used 244
Track Inspections 7
UnderchargeLiability of Consignee on Prepaid Shipment246253
Western Atlantic R RDuty of Lessee to Keep Property in Good Condition 232
4
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