Report of Georgia public service commission. Fiftieth through fifty-first report, 1922-1923

THE LIBRARY OF THE UNIVERSITY OF GEORGIA

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FIFTIETH REPORT

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Georgia Public Service Commission

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1823 INDEX PRINTING CO.,
ATLANTA, GA.

ANNUAL REPORT

LETTER OF TRANSMITTAL

To His Excellency, Thomas W. Hardwick,, Governor.
-Sir.--

May 17th, 1923.

In compliance with the law, the Georgia Public Service Commission submits herewith its Fiftieth Report, the same being for the year ending December 31st, 1922.
OPERATION OF COMMISSION UNDER BRANTLEY BILL.
The Commission is now on its first year operating under what is known as the Brantley Bill, approved August 21st, 1922, which Act changed the name of the Commission from Railroad Commission of Georgia, to Georgia Public Service Com* mission, and provides for its maintenance by levying a special tax against the utilities coming under the jurisdiction of the Commission, thus making it unnecessary for the State to make any appropriation for this Commission. This tax gives the Commission an increase in its working fund, which was very much needed to accom plish the work before it.
RAILROAD RATES.
We made reference in our 49th Report of the bills pending in Congress to .amend the Transportation Act of 1920, so as to restore to the State Commissions, the power to make and control intrastate rates, as formerly held under the princi ples laid down in the Shreveport Case.
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As yet, Congress has not acted and the powers of the States over intrastate rats are still restricted, and are unsettled and unsatisfactory.
However, this Commission has issued an order providing for the adoption of a new classification and revised ratings and mileage tariffs of the first ten Classes of freight, over the railroads in Georgia, to become effective May 1st, 1923. As stated in our former report, this mileage scale removes many discriminations now existing in Georgia under what has been known as the " Base Point" system of rates, more largely prevalent in Georgia than in any other Southern State. The tariffs prescribed, carry both reductions and advances. Such could not be avoided, as in any effort to remove state-wide discriminations, a leveling process, involving advances to depressed points and reductions to non-base points, was necessary for
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the preservation of the reasonable revenues of the carriers. On April 27th, 1923, the carriers filed with the Commission, a written protest against this order, claim ing the rates prescribed were too low, as compared with inter-state rates.
Special commodity rates are under consideration and will be promulgated from time to time, as consideration of each commodity is concluded.
EXPRESS RATES.
The Interstate Commerce Commission has not rendered a decision on the com plaint of the American Railway Express Company, filed with them and referred to in our 49th Report, claiming that the refusal of the Georgia Commission to grant them an increase of 13%% brought about unjust discrimination against interstate traffic. Though shippers in Georgia are paying 13%% less express rates than any Southern State, we are constantly receiving complaints of the high rates charged in this State.
SLEEPING AND CHAIR CAR SURCHARGE.
Since our last report, the Interstate Commerce Commission has declared that the decision of this Commission in issuing its order, cancelling the sleeping and chair car surcharge in intrastate traffic, was an unjust discrimination against interstate
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traffic, and passengers in this State are now paying the surcharge required through out the country.
THE WESTERN & ATLANTIC RAILROAD
Under the 1915 Lease Act, this Commission is charged with supervision of the Western &Atlantic Railroad and the State's properties in Chattanooga, Ten nessee, all now under lease. The expenditures required of the lessee, in addition to the proper repairs and maintenance of the railroad and its properties, on capital additions and betterments, not to be less than an average of $60,000.00 per annum, have been properly reported up to December 31st, 1922. The amount expended and allowed under this provision makes a total of $338 231.87 which is in excess of the contract requirements.
The Commission has had its Engineer inspect and check these expenditures and has approved the same.
The Commission has gone over and inspected the entire road and is pleased to report the same in first class condition. The two commercial buildings in Chttanooga, leased to J. B. Pound, are in good condition and the lessee is filling his con tract with the State as per requirements.
OPERATION OF PUBLIC SERVICE CORPORATIONS. The Commission is. pleased to report that as a whole, the public service corpora tions under its jurisdiction are enjoying an improved condition of prosperity at the present time, as is evidenced by their reports, and as shown by their ability to se cure capital from without the State, to make extensions and enlarge their develop ments. With the rapid increase of population and the great growth of business, and the expansion and development of the State's natural resources, the work of the Commission is increasing year by year. Numbers of complaints, inquiries, applica tions, etc., from every section of the State, are received daily and the people are becoming more familiar with the duties and work of the Commission and are seek ing its aid and assistance more than ever before.
RECOMMENDATIONS.
Under the law, it is made the duty of the Commission to recommend from time to time, such legislation as they may deem advisable. We have recommended several times, without result, that some law should be passed, looking to the elimina tion of the dangerous grade crossings in this State, and consider it of such vital
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importance, that we again urge upon the Legislature to place the power in thehands of this Commission, to designate such crossings as should be done away withr and to apportion the expense of such work as if deems just, between the railroad and County, or City affected, or the Highway Department. Something should be done to decrease the heavy toll of life being caused almost daily on these death traps..
HYDRO-ELECTRIC DEVELOPMENT,
The total hydro-electric power developed for public use at this time in thisState, is approximately 420,000 H.P., and 'there is now under construction by one company, approximately 219,000 H.P. additional, which should be available by January 1st, 1924. This fact means much to the State of Georgia, industrially.

GENERAL INFORMATION AS TO UTILITIES AND THEIR OPERATION.

Two hundred and nine public service corporations reported to th Commis sion for 1922.
The character of these corporations and the number in each class are as follows -

Steam Railroads .................................... ...................... 52

St. R. R.'Gas. Elec. Lt. & Power Cos. ..................... 42

Terminal Companies i ........... . . . .\ ................. ............ 5

Express Companies ....................

2

Telephone Companies ................................................... 91

Cotton Compress Companies ......................... -- ---- 15

TOTAL

209

Steam Railroad Mileage, Year Ended December 31, 1922

Milps--Single Track, Main L in e ...... .................... 7,140.03

Miles--Second Track, Main Line ............... 182,33

Miles--Passing & Yard Track .............

2,179.92

TOTAL .................... <~ .............. ------9,5D2.28

The single track mileage above reported as of December 31st, 1922, viz.: 7,140.0$ compares with 7,318.41 for December 31st, 1921.

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Taxes Paid in Georgia by Public Service Corporations in 1922

By Steam Railroads ...............

,.$2,822,222.22

Terminal Companies .............................

56,217.89

Express Companies .................

21,656.13

Telegraph Companies ............................... 68,317.69

Telephone Companies .............

354,163.49

Cotton Compress Companies ....................... 188,840.51

Street R.R., Gas, Electric Light and

Power Companies ..................

1,053,756.37

TOTAL

$4,627,174.30

It is interesting to compare the above taxes paid in 1922, to-wit: $4,627,174.30, with the total paid in 1917, to-wit: $3,625,675, or an increase in the last six years of $1,001,499.30, and to remember that taxes, like other expenses, enter into the cost of seryiee and are payable out of corporate earnings from rates paid by the public.

Steam Railroad Accidents, Year Ended December 31, 1922.

Killed
Passengers ......................... .......... 5 Empolyes ........................... .......... 23 Other Persons ................... .......... 64

Injured
175 1133 172

TOTAL

92

1480

Compared with 1921, during which there were reported to the Commission, total of 1,682 injuries and deaths, due to accidents., the foregoing report shows gratifying decrease.

Street Railroad Accidents, Year ended December 31, 1922.

Killed
Passengers ............. .. .......... 0 Emploves ......................... .......... 0 Other Persons ................... .......... 15

Injured
904 193 476

TOTAL

15

1573

The above total injuries and deaths caused by street railroad accidents, com pared with 1797 reported in 1921, shows a pleasing decrease.

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Summary of Financial Operations of Corporations, subject to the Jurisdiction of the Georgia Public Service Commission for year Indicated.

Gross Earnings
Railroad Cos...... $86,609,297.21 *Terminal Cos. .............. 346,662.82 *Tel. & Express Cos.... 3,324,181.25 Telephone Cos. ..... 7,213,444.92 St. R.R. Gas & Elec. Cos. 24,543,331.59i tCompress Cos. .............. 1,973,849.70

Operating Expenses
$74,918,343.88 653,692.31
3,297,361.76 5,286,841.09 15,027,598.88 1,215,189.85

Net Earning
$12,486,118.69 44,569.86 26,819.49
1,941,004.63 9,532,180.17
758,944.60

Deficits
$795,065.36 351,699.35
............... 14,400.80 16,447.46
284.75

Tear ended December 31, 1922. tYear ended August 31, 1922. NOTE:--"Net Earnings" as above reported do not mean "Net Income." In "Net Earnings," no allowance has been made for taxes and current depreciation or replace ment. Such allowances must be made out of net earnings as reported, in order to ascertain "Net Income" alone, available for dividends or distribution to stockholders orowners.
"Respectfully submitted :
PAUL B. TRAMMELL, Chairman, JNO. T. BOIFEUILLET, Commissioner, J. D. PRICE, Commissioner, W. R. McDONALD, Commissioner, ALBERT COLLIER, Secretary, E. M. PRICE, Rate Expert.

Disagreeing, as I do, to certain recitations contained in the foregoing, with reference to the comparative amount of work now being done by the Commission; and a majority of the Commission refusing to strike said recitations, I am, there fore unable to sign the within letter of transmittal. Otherwise, the letter has my approval.
Signed) JAS. A. PERRY, Vice-Chairman.

INFORMATION
As to Constitutional and Statutory Laws relating to the Georgia Public Service Commission, Railroads and other public utilities.
CONSTITUTION
ARTICLE IY.--Section n. (Code Section 6463).
Paragraph I. The power and authority of regulating railroad freight and passenger tariffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws, from time to time, to regulate freight and passenger tariffs, to prohibit 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 penalities.
P ar. III. (Code Section 6465.) 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 pro visions 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 building of any branch road.
P ar. IV. (Code Section 6466.) 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 what ever, 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.
P ar. V. (Code Section 6467.) No railroad company shall give, or pay, any rebate or bonus in the nature thereof, directly or indirectly, or do any act to mis lead 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 penalities.
Par. YI (Code Section 6468) 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.
P ar.V II. (Code Section 6469.) The General Assembly shall enforce the provis ions of this article by appropriate legislation.
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LAWS RELATING TO COMMON CARRIERS
Tha following references to laws of this State on the subjects of transportation and common carriers may prove helpful to the public. The citations given do not include all of our State laws relating to transportation.
Carrier Defined. " Any person undertaking to transport goods to another place, for compensation, is a carrier, and as such is bound to ordinary diligence. ''
Code Sec. 2711. Common Carrier Defined. " One who pursues the business constantly or con
tinuously for any period of time or any distance of transportation, is a common carrier, and as such is bound to use extraordinary diligence. In case 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." Code Sec. 2712. Note--Act of God means any act produced by physical causes which are inevitable, such as lightnings, storms, perils of the sea, earthquakes, inundation, sudden death or illness. Unavoid able accidents are the same as acts of God. 2 Ga. Rep. 349, etc.
Carrier's Negligence. " In order for a carrier or other bailee to avail him self of the Act of God or exception under the contract as an excuse, he must es tablish not only that the Act of God or excepted fact ultimately occasioned the loss, but that his own negligence did not contribute thereto." Code Sec. 2713.
Railroads Common Carriers. " Railroad companies are common carriers and
liable as such." Code Sec. 2751. Duty as to Reception of Goods, E tc. " A common carrier, holding himself
out to the public as such, is bound to receive all goods and passengers offered that he is able and accustomed to carry, upon compliance with such reasonable regula tions as he may adopt for his own safety and the benefit of the public." Code
Sec. 2729. Carrier's Responsibility Begins. " The responsibility of the carrier com
mences with the delivery of the goods, either to himself or his agent, or at the place where he is accustomed or agrees to receive them. It ceases with their delivery at destination according to the direction of the person sending, or according to the
custom of the trade." Code Sec. 2730. Responsibility for Delay. " The common carrier is bound not only for safe
transportation, but also that the same be done without unreasonable delay." Code
Sec. 2730. Strikes as E xcuses for Delay. " Where a carrier receives freight for ship
ment, it is bound to forward within a reasonable time, although its employees strike or cease to work; but if the strike is accompanied with violence and intimidation so as to render it unsafe to forward the freight, the carrier is relieved as to liability for delay in delivering the freight, if the violence and armed resistance is of such a character as could not be overcome by the carrier or controlled by the civil auth orities when called upon by i t ." Code Sec. 2737.
Damage for Delay. " W W e a carrier fails to deliver goods in a reasonable time, the measure of damages is the difference between the market value at the time' and place they should have been delivered and the time of actual delivery."
Code Sec. 2773.
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Receipts FOR F reight. " Whenever any person shall deliver property of an y 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 shipping marks and numbers thereon and the weight of theproperty thus delivered, whenever the value can be estimated by weight; and in all cases where the value cannot thus be estimated, the receipt shall give a general de scription of the property and shall also specify, as near as practicable, the quantity or value thereof, and also the place of destination; and any agent or officer of such company violating the provisions of this section shall be guilty of a misdemeanor." Code Sec. 633.
Duplicate F reight Receipts. " All railroad companies in this State shall,on demand, issue duplicate freight receipts to shippers, in which shall be statedthe 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 the 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 articleshipped on payment of the rate charged for the class of freights mentioned in thereceipt." Code Sec. 2643.
Carriers Must Trace F reight. " When any freight that has been shipped, to be conveyed by two or more common carriers to its destination, where, under the contract of shipment or by law, the responsibility of each or either shall cease upon delivery to the next " in good order," has been lost, damaged or destroyed, it shall' be the duty of the initial or any connecting carrier, upon application by the shipper, consignee or their assigns, within thirty days after application, to trace said freight and inform said applicant, in writing, when, where, how and by which carrier said' freight was lost, damaged or destroyed, and the names of the parties and their official position, if any, by whom the truth of facts set out in said information canbe established." Code Sec. 2771.
Claims, When to Be Paid. " Every claim for loss or damage to property or overcharge for freight, for which any 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 claimantor 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 oc curred. In the event such claim is not adjusted and paid within the time limited, the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof, and shall also be liable for a penalty of fifty dollars 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 unlesssuch claimant shall recover the full amount claimed, no penalty shall be recovered, but the recover shall be limited to the actual loss or damage or overcharge,with interest thereon from the date of filing said claim." Code Sec. 2778.
Carrier's L ien. " The carrier has a lien on the goods for the freight and may retain possession until it is paid, unless the right is waived by special contract or actual delivery. The lien exists only when the carrier has compiled with his conr
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tract as to transportation. He can recover pro rata for the actual distance trans ported, when the consignee voluntarily receives the goods at an intermediate point. Code Sec. 2741.
Stoppage in Transitu. " A stoppage in transitu by the vendor or consignor relieves the carrier from his obligation to deliver, nor is he thenceforward respons ible for more than ordinary diligence in the care of goods." Code Sec. 2738.
When Stoppage in Transitu E xists. " The right of stoppage in transitu exists whenever the vendor in a sale on credit seeks to resume the. possession of goods while they are in the hands of a carrier or middleman, in their transit to the vendee .or consignee, on his becoming insolvent. It continues until the vendee obtains .actual possession of the goods." Code See. 2739.
F acilities for Weighing F reight. ``Every railroad or transportation com pany in this State shall provide suitable and adequate facilities for correctly weighing all freight offered for shipment in car load lots in this State at points where the volume of business offered is sufficient to warrant the expense." Code -Sec 2762.
Sworn Weigher to Weigh F reight. ``Whenever any. railroad company in -ihi3 State shall weigh any cars loaded with freight to be shipped and charged for by -the car load, such weighing shall be done by a sworn weigher, as provided for the weighing of cotton, rice and other produce. Code Sec. 2763.
Cars to Be Uncoupled. " When such cars are weighed singly they shall be uncoupled at both ends and weighed one at a time." Code Sec. 2764.
Lumber Cars Weighed Three Together. " When any railroad company shall transport timber, lumber or other like articles of freight, which from length, laps over from one car to another, such company may cause as many as two or three such ears so loaded to be weighed together, after uncoupling them at both ends from other cars." Code Sec. 2765.
To Receive L ive Stock. " All common carriers of this State shall receive for transportation all live stock of every description and domestic animals, when -tendered for shipment by the consignor, without enforcing or requiring said consignor to contract for a liability less than the actual value of such animals in case of loss or injury to the same resulting from the negligence of said common carrier, its agents or employees. Common carriers shall not be required to receive for shipment animals diseased or physically disabled. " Code Sec. 2 167.
Contracts Void. " AH stipulations in contracts of shipment hereafter made, which limit the liability of common carriers, in violation of the preceding section (as to live stock) shall be void and of no effect unless the shipper shall voluntarily assent to said stipulations." Code Sec. 2768.
Railroads to Make P rompt Settlements for Overcharges. " In all cases where any railroad or other common carrier shall demand and receive for goods shipped from within and without this State to any point within this State, any -overcharge or excess of freight over and beyond the proper or contract rate of -freight, and demand in writing for the return or repayment of such overcharge is
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made by the person paying the same, said railroad or common carrier shall refund' said overcharge within thirty days from said demand; and if said common carrier shall fail or refuse to settle within thirty days, or within said time to refund said overcharge or overpayment, then said railroad or common carrier shall be liable to said person making the overpayment in an amount double the amount of the over payment, to be recovered in any court having jurisdiction of the same, and morethan one claim for such excess may be joined in the same suit." Code Sec. 2770.
N ttee of Shipment. " The carrier may require the nature and value.of the goods utTvered to him to be made known, and any fradulent acts, sayings or con-cealment by his customers will release him from liability." Code Sec. 2744.
Limitations of Liability. " A common carrier cannot limit his legal liability by any notice given either by publication or by entry on receipts given or ticket sold. He may make an express contract, and will then be governed thereby." Code Sec. 2726.
Carriers of P assengers. " A carrier of passengers is bound also to extraord inary diligence on behalf of himself and his agents to protect the lives and personsof his passengers. But he is not liable for injuries to the person, after having used such diligence. ** Code Sec. 2714.
Who a P assenger. " A carrier may demand prepayment of fare; but if, by its permission, persons enter its vehicle with the intention of being carried, an obligation to pay fare is implied on the part of the passenger, and the reciprocal' liability of the carrier arises." Code Sec. 2715.
Railroads Must Accommodate All Alike. " The different railroads in thisState, acting as public carriers, are required to furnish equal accommodations to all, without regard to race,, color or previous condition. Any railroad in this Stateviolating the conditions of this section, by any of its employees, may be sued in the Superior Court of the county where the offense is committed, and any person so wronged may recover such sum as the discretion of the Court thinks right and proper in the premises, not to exceed ten thousand dollars." Code Sec. 2716.
E qual Accommodations in Separate Cars. *1All railroads doing business in this State shall furnish equal accommodations, in separate cars, or compartments of cars, for white and colored passengers; but this section shall not apply to sleeping" cars." Code Sec. 2717.
Must Assign P assengers to Cars. " 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 the preceding section (2717), and all conductors of dummy, electric and street cars shall be required, and are hereby empowered, to assign all passengers to seatson 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 conduc tors of dummy, electric and street cars shall have, and are hereby invested with police powers to carry out said provisions." Code Sec. 2718.
P enalty for Remaining in Car. " Any passenger remaining in any car, or compartment, or seat, other than that to which he may have been assigned, shall be-
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guilty of a misdemeanor. The conductor and any and all employees on such cars rare 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." Code Sec. -271&
Different Cars or Compartments for White and Colored P assengers. " Officers or employees having charge of such railroad cars shall not allow white rand 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." *Uode Sec. 2721. But these provisions shall not apply to nurses or servants in at tendance on their employers. Code Sec. 2722.
Station Accommodations for P assengers. " All railroad companies operating -passenger trains and taking on or putting off passengers, or that operate passenger -trains at or through county seats and towns and cities having a population of more -than 1,000, in this State, are required to keep open at least one hour before the .-arrival of and half an hour after the departure, according to the scheduled time for rthe arrival of and the departure of said trains, a lighted and comfortable room, "between the hours of 6:00 o 'clock p. m. and 6:00 o 'clock a. m. for the comfort and convenience of their passengers." Code Sec. 2727.
What P assengers May Be Befused. " Carriers of passengers may refuse -to admit, or may eject from their conveyances, all persons refusing to comply with -reasonable regulations, or guilty of improper conduct, or of bad, dissolute, doubtful or suspicious character; so they may refuse to convey persons seeking to interfere -with their own business or interest." Code Sec. 2750.
Carriers Besponsibility for Baggage. `The carrier of passengers is respons ible only for baggage placed in his custody; yet a passenger cannot relieve himself from liability for freight by assuming to take care of his own baggage." Code Sec. -2731.
Checks for Baggage. " I t shall be the duty of the railroad companies 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." Code Sec. 2732.
Limit as to Value of Baggage. " 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; provided, the same be only such articles as a traveler -for business or pleasure would carry for his or her own use." Code Sec. 2742,
Lien on Baggage. " The carrier of passengers has a lien on the baggage, not .only for its freight, but for the passenger's fare." Code Sec. 2743.
Unused Tickets to Be Bedeemed. " I t shall be the duty of every common . carrier th at shall have sold any ticket or other evidence of the purchaser's right -to travel* on its line or on any line of which it forms a part, if the whole of such -ticket be unused, to redeem the same, paying the original purchaser thereof the -actual amount for which said ticket was sold; or if any part of such ticket , shall be unused, to redeem such unused part, paying the original purchaser thereof
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szi a rate which shall be equal to the difference between the price paid for. the whole ticket and the price of a ticket between the points for which said ticket was actually used ; provided, such purchaser shall present such unused or partly msed ticket for redemption within six months after the date of its issuance, to 4he officer or agent who shall be authorized or designated by such common car rier to redeem unused or partly used tickets; and the said officer shall, within fifteen days after the receipt of such ticket, redeem the same as hereinbefore ^provided fo r." Code Sec. 2734.
Water and Light in Passenger Cars. " 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; and upon failure thereof shall fbe punished as for a misdemeanor." Code Sec. 529.
Conductors Failing to Furnish, Water and Lights. " Any conductor or iagent of a railroad, who after being requested by a passenger to furnish a suf ficient supply of water to the passengers in each car, in the day or night, and light sat 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 hall be punished as for a misdemeanor." See Code Sec. 530.
Conductors Empowered as Police Officers. *1The conductors of a train carrying passengers are invested with all the powers, duties and responsibilities of police officers while on duty or their trains; provided, nothing herein con tained shall affect the liability of any railroad company for the acts of its em ployees. 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. n -Code Sec. 925.
Police of Street Railroads. ``The conductors, motormen, and drivers of .street railroad cars are invested with all the powers, duties and responsibilities .of police officers while on duty on their trains or cars, and while on duty at :the termini ,of their lines; provided, nothing herein contained shall affect the lia bility on any railroad company -for the acts of its employees." Code Sec. 926.
Authority to E^ECt Passengers, 11When a passenger is guilty of disorderly conduct, or uses any obscene, vulgar or profane language, or plays any game of .cards or other .game of chance for money or other thing of value, or is guilty of .-any disorderly or improper conduct tending to cause a breach of the peace, said .conductors, motormen and drivers are authorized to eject him from the cars, using only such force as may be necessary to accomplish the removal, and they may command the assistance of the employees of the company, and the passen gers on such trains or cars, to assist in the removal, and they may cause any person who violates the provision of this section, or who commits acts in vio lation of law, to be detained and delivered to the proper officers for trial as soon sas practicable, and said officers are authorized to exercise the police powers
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hereby conferred, at the termini also of their lines, While on duty either as con ductors, motormen or drivers.' Code Sec. 927.
Bulletins as to Delayed Trains. 1" Whenever any passenger train, on any railroad in this State, shall be more than one-half of one hour behind its sched- ule 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 bulletins shall not be required to be posted at any station until one-half hour before the regular' schedule time at which such train is to arrive at the station at which such bulle-~ tin is required to be kept.'' Code Sec. 2688.

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, 1878-1879:

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 passenger3

and freights, and to prohibit railroad companies, corporations, and lesses 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 rel&

tion thereto, and to appoint Commissioners, and to prescribe their powers and

duties in relation to the same.

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\

*.

Whereas, It is made the duty of the General Assembly, in article 4, para graph 2, and section 1 of the Constitution, to pass laws, from time to time, to regulate freight and passenger tariffs; to prohibit unjust discrimination on the various railroads of this State and to prohibit railroads from charging other than just and reasonable rates, and enforce the same by adequate penalties; therefore.

Section 1. Be it enacted by the General Assembly of Georgia, That there

[

shall be three Commissioners, appointed by the Governor, with the advice and consent of the Senate, to carry out the provisions of this Act, of whom one

Commis sioners, appoint

shall be of experience in the law, and one of experience in the railway business. amnednt,saltaerrym.

After the expiration of the terms of the office of the Commissioners first ap

pointed, the term of office of successors shall be six years; but, at the first ap

pointment, one Commissioner shall be appointed for two years, one for four

I years, and one for six years. The salary of each Commissioner shall be twenty-

j five hundred dollars, to be paid from the Treasury of the State. Any Commis

sioner may be suspended from office by order of the Governor, who shall report

the fact of such suspension, and the reason therefor, to the next General As

sembly, and if a majority of each branch of the General Assembly declarb that

said Commissioner shall be removed from office, his term of office shall expire.

I The Governor shall have the same power to fill vacancies in the office of Commis

sioner as to fill other vacancies, and if, for any reason, said Commissioners are

I not appointed during the present session of the General Assembly, the Governor

I 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, re-

| speetivelv, as herein provided. Said Commissioners shall take an oath of office,

I to be framed by the Governor, and shall not, jointly or severally, or in any way,

I 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 Commissioner becomes

disqualified in any way, he shall at once remove the disqualifications or resign

17

and on failure so to do, he must be suspended from office by the Governor, and dealt with as hereinafter provided. In any case of suspension the Governor may fill the vacancy until the suspended Commissioner is restored or removed.

Location of office, em ployment of Secre tary, ex penses, etc.

Sec. II. That said Commissioners shall be furnished with an office, necessary furniture and stationery, and may employ a Secretary or Clerk at a salary of eighteen hundred dollars at the expense of the State. The office of said Com missioners 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, inno case, exceed the sum of eight hundred ($800) dollars, or so much thereof asmay be necessary, per annum.

Sec. III. That from and after the passage of

this Act,if any railroad cor

Extortion by poration, organized or doing business in this State, under any Act of incorpora

railroads forbidden

tion 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 com

pensation 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.

Unjust dis crimina tion for bidden.

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 transpor

tation of passengers or freight of any description, or for the use and transpor

tation of any railroad car upon said road, or upon any of the branches thereof,

or upon any railroadsconnected 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.



Duty of commis sioners.

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 an I regu lations as may be necessary for preventing unjust discriminations in the trans portations 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 estab lishment of such freight and passenger buildings, as the condition of the road, the safety of freight and the public comfort may require; Provided, however,

18

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 be tween 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 regula tions, 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 boundries of the State, and on which freight less than local rates on any railroad carrying the same are charged by said 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 desig nate and fix the difference in rates of freight and passenger transportation, to be allowed for longer and shorter distances on the same or different railroads, and to ascertain what shall be the limits of longer and shorter distances.

Sec. VI. That the said Railroad Commissioners are hereby authorized and

required

to

make

for

each

of

the

railroad

corporations

doing

business

in

this

Commis sioners

State, as soon as practicable, a schedule of just and reasonable rates of charges shall make

for

the

transportation

of

passengers

and

freights

and

cars

on

each

of

said

schedule of rates, pub

Tailroads; and said schedules shall in suits brought against

any

such

railroad

lish etc.

same,

corporations wherein is involved the charges of any such railroad corporation

for the transportation of any passenger or freight or cars, or unjust discrimina

tion in relation thereto, be deemed and taken in all courts of this State as suffi

cient 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 cir

cumstances may require, change and revise said schedules. When any sched

ule 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 sched

ule, 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

the insertion need only be made in the paper published in one of the cities

19

Jurisdic tion and power of Commis sioners.
Power of Commis sioners over con tracts be tween rail roads.
injuries re sulting from viola tion of rules.

named nearest where the change is made (Act 27th September, 1883) ; Provided, That the schedule 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, pur porting 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 evi dence, with a certificate of the Eailroad Commission that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named, and that the same has been duly published as required by law.
Sec. VII. That it shall be the duty of said Commissioners to investigate the books and papers of all the railroad companies doing business in this State, to ascertain if the rules and regulations aforesaid have been complied with, and to make personal visitation of railroad offices, stations, and other places of business for the purpose of examination, and to make rules and regulations concerning such examination, which rules and regulations shall be observed and obeyed as other rules and regulations aforesaid; said Commissioners shall also have full power and authority to examine all agents and employees of said rail road 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. V III. 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 notthey are a violation of law or of the provisions of the Constitution, or of this Act,, or of the rules and regulations of said Commis sioners; 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 Commissioner 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 viola tions of article 4, section 1, paragraph 4 of the Constitution, and shall be illegal and void.
Sec. X. That if any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong or injury on any person, such person shall have a right of

20

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 laws, 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 evi dence shall be the same as in civil actions; except as hereinbefore otherwise Rules of provided. All fines recovered under the provisions of this Act shall be paid Evidence. 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. X II. That the terms " railroad corporation," or " railroad company," Meaning of contained in this Act, shall be deemed and taken to mean all corporations, com terms panies 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 associa tions 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. X III. That all railroad companies in this State shall, on duplicate freight receipts to shippers, in which shall be stated

demand, issue the class or

Duplicate freight

classes of freight shipped, the freight charges over the road giving the receipt, receipts.

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 men

tioned in the receipt. I f any railroad company shall violate this provision of

the statute, such railroad company shall incur a penalty to be fixed and col

lected as provided in section nine of this Act.

for

Sec. XIV. to make to

That it shall the Governor

be the annual

duty of the Commissioners reports of the transactions

herein provided of their office,

Reports of Commis

and to recommend, from time to time, such legislation as they may deem ad sioners.

visable under the provisions of this Act.

Sec. XV. That Kailroad Commissioners, in making any examination for

the purpose of issue subpoenas

obtaining information for the attendance of

pursuant to this Act, shall witnesses, by such rules as

have they

power to may pre

Power of Commis sioners

scribe.

And

said

witnesses

shall

receive

for

such

attendance

two

dollars

per

day,

over wit nesses.

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. Tn 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 Corn-

21

Railroad officers to report to Commis* sioners.

missioners, to issue an attachment for such witness, and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners, and said court shall have power to punish for contempt, as in other cases of refusal to obey the process and order
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 of fense, 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.

To enlarge the 'powers of the Railroad Commission of Georgia, to prescribe for them additional duties, and for other purposes.

Duty to in' vestigate through rates.

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.

Shall call attention of railroad officials to discrimina tions. Shall ap peal to In Cteormstmatiession.

Sec. 2. Be it further enacted, That whenever the Railroad Commission of Georgia finds 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 attention of the railroad officials in Georgia to the fact, and to urge upon them the propriety of changing such rate
or rd^es.
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

AttorneyGeneral to represent

,,Commission prescribed by this services of the Attorney-General

Act, they shall receive, upon application, the of this State, and he shall also represent them,

Commission. 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.

- a m en d in g t it l e o p 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 ex tortion 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 there to, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same, approved October 14, 1879.

Section 1. hereby enacted

Be it enacted by by the authority of

the the

General Assembly of this State, and it is same, That the caption of the above re

Caption of Act of Oct.

cited Act be, and the same is, hereby amended as follows, to-wit:

1879, Amended

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 cap

By insert ing "and the

tion of said Act will read as follows:

location and building

of passenger

" An Act to provide for the regulation of railroad freight and passenger and freight

tariffs, and the location and building of passenger and freight depots in this depots."

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 pur poses.

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

Penalty for violation

of 1882 be, and the same is, amended by adding thereto the following:

of rules. Amending

section IX

The Commissioners shall have the power, in their discretion, to institute suit of original

without notice for any violation of any of said rules or regulations, whenever, in act.

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: I f any railroad company doing business

23

Power to institute suit with out notice.

in this State by its agents or employees shall be guilty of a violation of the rules and regulations provided and prescribed by said Commissioners, and if, after due notice of such violation given to the principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or cor poration 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 offense of not less than one thousand dollars nor more than five thou sand 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 oc curred, 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 Solicitor-General or such other attorney at law of this State as the said Commissioners may appoint, whose fees shall be the same as now provided by law.
The Commissioners shall have the power in their discretion to institute suit without notice for any violation of said rules and regulations whenever, in their opinion, the circumstances authorize it, of which they shall be the sole judges, and after the institution of said suit there shall be no settlement of the same without the consent of the Commissioners.
Sec. 2. Be it enacted, That all laws and 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 authority, upon complaint made, to inspect the railroads or any railroad or any part of any railroad in this State; and i f found in an unsafe or dangerous condition, to require the same put and Tcept in such condition as will render travel over the same safe and expedi tious; to provide a penalty for failing to obey the orders of the said Commis sion, and for other purposes.

Inspection

Section 1. Be it enacted by the General Assembly of the State of Georgia,

by Com mission

That from and after the passage of this Act, the Railroad Commission of this

required.

State is hereby empowered and required upon complaint made, to inspect for

If condi tions Un

themselves, or through an agent, the railroads or any railroad or any part of

safe, to be put and

any railroad in this State, and if the same is found in an unsafe or dangerous

kept in safe condition, to require the same put and kept in such condition as will render

condition. Reason

travel over the same safe and expeditious; Provided, that reasonable time be

able time to be given.

given the railroad authorities in which to accomplish the work of repairs

that

Not to af may be required or ordered; Provided, That this Act shall not limit or affect the

fect liabil ity for

liability of railroads in cases of damage to person or property.

damages.

Penalty for not obey

Sec. 2. Be it further enacted, That any railroad, failing or refusing to obey

ing orders. the orders of said Commission within the time allowed for said work, shall be

liable to a penalty of not more than five thousand dollars, to be recovered by a suit brought in the name of the State, in which suit the Attorney-General or Solicitor-General 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 viola tion occurs.
Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved October 17, 1891.

STORAGE CHARGES. AN ACT.

To require the Bailroad 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 overcharge, 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

Commis sion to fix

Commission of Georgia, and they are required to fix and prescribe a schedule of charges for

maximum rates and charges for storage of

freight

made

and

charged

by

Rail

storage. And when

road

Companies

doing

business

in

this

State,

and

to

fix

at

what

time

after

the

such charges

reception of freight at place of destination such charges for storage shall begin, shall begin.

with

power

to

vary

the

same

according

to

the

value

and

character

of

the

freight

Power to vary rates.

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 Provisions

said Railroad Commission and Acts amendatory thereof, prescribing the pro of other

cedure

of

said

Commission

in

fixing

freight

and

passenger

tariffs,

and

hearing

acts as to Railroad

complaints

of

carriers

and

shippers,

and

of

altering

and

amending

said

tariffs,

Commis sion applied.

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 re tain, 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 over charge, 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.

25

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 Rail road Companies, to all companies or persons, owning, controlling or opei+ ating a line or lines of Express and Telegraph; and make the penalities pre scribed 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.

Express

and Tele

graph

Companies

to. be under

tne control

of the Com mission.

For regula

tion of

prices.

Powers

over rail

roads and

if!

penalities against

them of

force as

against ex-

1l! press and telegraph companies.

So far as applicable. Location of agencies.

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 awning 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 be 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 5 and all the powers given to said Commissioners over railroads m 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, con trolling 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, com pany, person or persons owning, controlling or operating a line of Express and Telegraph. The said Commissioners shall also have power and authority to require said companies to locate agencies at Railroad Stations.

Regulation of charges only as to transporta tion and messages in this State.

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.

26

CARS FOR WHITE AND COLORED PASSENGERS. AN ACT.

To require all railroads doing business in this State to furnish equal accommoda tions and separate cars or compartments for white and colored passengers, to require said companies to furnish comfortable seats and to suffciently light and ventilate said cars to provide for Tceeping white and colored passengers in their respective cars or compartments, to give conductors and other em ployees of railroads and conductors of dummy, electric and street cars certain powers and authority over passengers, to comply with the regulations made by said companies under the provisions of this Act, to provide a penalty for the violation of the same, and for other purposes.

Section 1. Be it enacted by the General and after the passage of this Act, all railroads

Assembly of Georgia, doing business in this

That State

from shall

Equal ac commoda tions in

be

required

to

furnish

equal

accommodations,

in

separate

cars,

or

compartments

separate cars.

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 Employees

charge of such cars, shall cars or compartments of

be required to cars, provided

assign all passengers to by the said companies

their respective under the pro

to assign passengers their cars

visions

of

this

Act,

and

all

conductors

of

dummy,

electric

and

street

cars

shall

or compart ments.

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 con

ductors 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 Penalty for

|

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

violating provisions of this act.

be in the county in which the same occurs. The conductor and any and all em

ployees 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 com| partments, the space set apart or provided for white and colored passengers, Cars prop
respectively, may be proportioned according to., the proportion of usual and ordi erly divided. nary travel by each on the road or line on which said cars are used.

Sec. 5. Be it further enacted, That-it shall be unlawful for the officers or

employees

having

charge

of

such

railroad

cars

to

allow

or

permit

white

and

White and colored pas

colored of this

passengers to occupy the same car or compartment, and section, any such officer or employee shall be guilty of

for a violation a misdemeanor,

sengers not to occupy same com

and on conviction thereof shall be punished as is prescribed in section 4310 of partments.

the Code of 1882.

27

Sec. 6. Be it further enacted, That the provisions of this Act shall not apply to nurses or servants in attendance on their employers.

Cars to be comfortable, etc.

Sec. 7. Be it further enacted, That all companies operating and using com partment 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 all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

Approved October 21, 1901.

Railroad Commis sion may regulate transpor tation of freights. Shippers, require ments of.

PROMPT RECEIVING AND DELIVERY OF FREIGHT.
AN ACT.
To further extend the powers of theRailroad Commission of this State and to confer upon the Commission thepower 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 be tendered or received by them for transportation; to provide a penalty for non-compliance with any and all reasonable rules, regulations and orders prescribed by the said Commissionin the execution of these powers, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, The Railroad Commission of this State shall be, and is, hereby vested with full power and authority to make, prescribe, and enforce all such reasonable rules, regulations and orders as may be necessary in order to compel and re quire the several railroad companies in this State to promptly receive, receipt for, forward and deliver to destination all freights of every character which may be tendered or received by them for transportation; and as well such reasonable rules, regulations and orders as may be necessary to compel and require prompt delivery of all freights, on arrival at destination, to the consignee.
Sec. 2. Be it further enacted by the authority aforesaid, That whenever a shipper or consignor shall require of a. railroad company the placing of a car or cars to be used in carload shipments, then in order for the consignor or shipper to avail himself of the forfeitures or penalities prescribed by the rules and regu lations of said Railroad Commission, it must first appear that such shipper or consignor made written application for said car or cars to said railroad ; pro vided, 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 him self of the penalties provided by the rules and regulations of said Railroad Commission, such shipper or consignor shall likewise be subject, under proper

28

rules to be fixed by said Commission, to the orders, rules and regulations of said Railroad Commission.
Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved August 23, 1905.

LIABILITY OF RAILROADS FOR DAMAGE TO PROPERTY IN TRANSPOR TATION.

AN ACT.

To provide that any common carrier receiving property for transportation be

tween 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 liens such property may pass; also, to provide a penalty for the fail ure of any common carrier to adjust and pay within a time specified any just claim for loss or damage to property received for transportation, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia,

That from and after the passage of this Act, any common carrier, railroad, or Bills of

transportation company, receiving property for transportation

between

points

lading tween

be point

wholly within this State shall issue a receipt or bill of lading therefor and shall within State

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 com

mon carrier, railroad or transportation company from the liability herein im

posed; 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

prop

Claims against

Rail

erty, or overcharge for freight, for which any common carrier may be liable road com

shall

be

adjusted

and

paid

by

such

common

carrier

within

sixty

days

in

cases

panies, penalty

for

of

shipments

wholly

within

this

State,

and

within

ninety

days

in

case

of

ship

failure pay.

to

ments 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 occured. In the event such

claim is not adjusted and paid within the time limited the carrier shall be liable

for interest thereon at the legal rate from the date of the filing of the claim

until the payment thereof, and shall also be liable for a penalty of $50.00 for

every such failure to adjust and pay said claim, to be recovered by ihe party

damaged in any court of competent jurisdiction; provided5 that unless such

claimant shall in such action recover the full amount claimed no penalty shall

be recovered, but the recovery shall be limited to the actual loss or damage

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.

29

STATION ACCOMMODATIONS FOR PUBLIC AT NIGHT. AN ACT.

To require dll railroads operating passenger trains and taking on and putting o f passengers, or that operate such trains at or through county-seats and towns and cities having a population of more than 1,000, in this State, to keep open at night at their depot stations at such places before the arrival and departure of said trains a lighted and comfortable room for the accommoda tion of their passengers and for other purposes.

Railroad Passengers, station ac commoda tions for, at night. Penalty for failure to provide.

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 passenger trains, and taking on and putting off passengers, or that operate passenger trains at or through county-seats and towns and cities having a population of more than 1,000 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 departure of said trains, a lighted and comfortable room, be tween the hours of 6 o 'clock p. m. and 6 o 'clock a. m. for the comfort and con venience 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 misde meanor, 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.

Railroad Commis sioners, election of. Term of office and elections.

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 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 preceeding the expiration of their terms of office, respectively; that is to say, at the general election to be held on the first Wednesday in October, 1906, one commissioner shall be elected to succeed the incumbent whose term will expire on the fifteenth day of October, 1907, and one commissioner shall be chosen at the general election to be held on the first Wednes day in October, 1908, to succeed the then incumbent, whose term of office will expire
30

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. Regulations.

Sec. 3. Said election to be held under the same rules and regulations as now

apply to the election of governor of this State.

Vacancies.

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 the executive' ap pointment, and the person appointed shall hold 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.

IXCREASIN'G MEMBERSHIP AND POWERS OF COMMISSION.

AN ACT.

To increase the membership of the Bailroad Commission of Georgia, and to prescribe the qualifications for membership; to authorize the designation of a chairman thereof by the Governor, and to prescribe his duties and compensation; to re vise, 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 Commis sion; to employ a stenographer and fix his pay; to extend its powers and juris diction over doclcs, and wharves, terminal companies, cotton compress companies, corporations or persons owning, leasing or operating railway terminals or term inal stations; over telephone or telegraphic companies or corporations or pers ons 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 Bailroad Commission and prescribe what courts of this State have jurisdiction over proceedings instituted against it; to prescribe and fix penalities and punishments for failure or refusal to observe any order, rule or regulation of the Bailroad Commission, and to prescribe the form of procedure for enforcing same; to repeal sections 2195 and 2196 of the Code of Georgia, 1895, touching penalities 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 Act approved August 23, 1905, prescribing certain penalities and forms of precedure for enforcing same, and for other purposes.

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

Five Com missioners.

voters of Georgia as prescribed in the Act approved August 21, 1906.

31

Terms of office.

The terms of office of the two additional Commissioners, provided for in this Act, shall expire on December 1, 1911, and the other December 1, 1913, and thereafter the terms shall be for six years each. The Governor, by and with the consent of the Senate, shall appoint the two additional Commissioners immediately after the passage and approval of this Act, but the appointees hereunder shall be commissioned only until December 1, 1908; said positions to be filled for the unex pired 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 terms of the present Commissioner expiring on Octobei 15, 1909, shall be extended to December 1, 1909; the term of the present Commis sioner expiring on October 15, 1911, shall be extended to December 1, 1911, and the term of the Commissioner expiring October 15, 1913, shall be extended to December 1, 1913, their respective successors to be elected for full terms of six years each.

Qualifica tions of Com missioners.

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 in crease 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. '

Chairman of Board.

Sec. 3. I t shall be the duty of the Comihission 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 ($4,000) per annum, to be paid from the State Treasury.

Rate Expert

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 ($4,000) 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.

Printed re

The printed reports of the Railroad Commission, published by its authority,

ports admis sible as

shall be admissible as evidence in any court in Georgia without further proof, and

evidence.

the schedule of rates made by the Commission, and any order passed or rule or reg

ulation prescribed by the Commission, shall be admissible in evidence in any court

in Georgia, upon the certificate of the Secretary of the Commission.

Authority over Street Railroads, Docks, and other Terminals corporations.

The powers and duties heretofore conferred by law upon the Railroad Com mission 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

32

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 Eailroad Commis sion; over docks and wharves and corporations, companies or persons owning, leas ing or operating the same; over terminals or terminal stations and corporations, companies or persons owning, leasing or operating such; eotton compress, corpora tions 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 line 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 Eailroad Commission of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law, and shall have the general Power of supervision of all common carriers, railroads, express corporations or companies, Commission. 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 re quire 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 con venience 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 franchies, 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 com pliance with all provisions of law, orders of the Commission, and charter re quirements. Said Commission shall have the power and authority, whenever it deems advisible, to prescribe, establish and order a uniform system of ac counts to be used by railroads and other corporations over which it has jurisdic tion hereunder, the same to be as far as practicable in conformity with the sys tem of accounts prescribed by the Interstate Commerce Commission, to examine all books, contracts, records and documents of any person or corporation subject to their supervision, and compel the production thereof. Said Commission shall have the power through any one or more of its members, at its 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. Pro vided, that nothing in this Act shall be so construed as to repeal or abrogate any existing law or rule of the Eailroad Commission as to notice or hearings to persons, railroads or other corporations interested in the rates, orders, rules or
33

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 Georgia, owned by said

Side tracks.

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,

Passenger service.

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 suffi

cient and proper passenger service when in its judgment inefficient or insuffi

cient service is being rendered the public or any commodity. It shall have

Physical connection.

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

Overcharges authority to fix penalties for neglect on the part of railroad companies to adjust and losses. overcharges and losses, or failure to decline to do so, if deemed unjust, in a

reasonable time. It shall have power and authority to prescribe rules and

penalties covering and requiring the prompt receipt, carriage and delivery of

Transferring freight and the prompt furnishing of cars to shippers desiring to ship freight,

cars.

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

Depots and Agents.

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

Schedules regulate schedules and compel connection at junction points of competing lines.

Issuance of Stocks and Bonds

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 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 dis charge, 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 Com mission authorizing such issue, the amount thereof, and the purpose and use for which the issue is authorized.

34

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

Indebtedness payable

and examine such witnesses, books, papers document or contracts as it may within

deem advisable or necessary.

Such

corporations

or

companies

may

issue

notes

twelve months

or other evidences of indebtedness for proper corporate purposes and not in vio exempted.

lation 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 stock 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 Commis

Commission

who

shall

disclose

or

impart

to

any

one,

except

when

legally

called

sioners required

to

upon by

a court of competent

jurisdiction, any

fact, knowledge

of which was

treat official information

obtained in his official capacity, from or through any proceedings filed with the confidential.

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 fidential

information obtained in their nature.

through

public

hearings,

or

such

as

are

not

con

Liability of corporations.

Sec. 9. In case a common carrier, or other corporation or company mentioned

in this Act, shall do, cause to be done, or permit to be done, any act. matter

or thing prohibited, forbidden, or declared to be unlawful, or shall omit to

do any act, matter or thing required to be done, either by any law of the State

of Georgia, by this Act, or by an order of the Commission, such common 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 there

from, and in case of recovery, if the jury shall find that such act or omission was

wilfull, it may fix a reasonable counsel's or attorney's 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

Repeal of Sections

2195 and 2196 of the Code of Georgia of 1895, are hereby repealed; provided, of Code.

that nothing in this Act shall be construed as to affect suits now pending for

penaltiesor to affect penalties upon which right of action shall have accrued

prior to the passage and approval of this Act.

Sec. 11. Section 3 and 4 of the Act approved August 23, 1905, conferring

upon the Commission the power to regulate the time and manner within which the several railroads of the State shall receive, receipt for, forward and deliver

Repeal of Sections 3 and 4, Act

to

its

destination

freight,

the

said

sections

applying

to

penalties

placed

upon

said

approved August 23,

railroad companies, providing penalities for the violation of rules, orders and 1905.

regulations established by the Railroad Commission with reference to same, and

providing a procedure to enforce said penalities be, and the same are hereby

repealed, and the penalities 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.

35

Penalty for vRiuolleastioannsd of Orders of Commission.

Sec. 12. Every common carrier, railroad, street railroad, railroad corpora tion, street railroad corporation, express, telephone, telegraph, dock, wharfage and terminal company or coporation within the State, and other corporations, companies, or persons, coming under the provision of this Act, and all officers, agents and employees of the same, shall obey, observe and complv with everv

order made by the Commission under this Act or under authority of Acts here

tofore passed. Any common carrier, railroad, street railroad, railroad corpora

tion, 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 $5,000 for

each and every offense, the amount to be fixed by the presiding judge. Every vio

lation of the provisions of this Act, or of any preeeeding Act, or of any such order,

direction or requirement of the Eailroad 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

How action to recover penalities may be brought.

such corporation or company in this State, or in the county of the State where such violation has occurred, and wrong shall be prepetrated, or in any county in this State through which said corporation or company operates, or where the vio lation 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 pro

vided in case of the grant or refusal of injunctions by judges of the superior

courts.

Punishment

Sec. 13. Every officer, agent, or employee of any such common carrier, cor-

for aiding' or poration or company who shall violate, or procures, aids or abets any violation by

lations.S Vi" 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 Com-

misson, 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 pre

scribed in section 1039 of the Penal Code of 1895, and shall be subject to prose

cution 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 though which said

corporation operates.

36

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 em Officers ap

ployee

of

the

company

violates

the

provisions

of

this

Act,

by

the

approval,

or

proving or directing

direction, or in consequence of the approval or direction of such officer, agent or violations.

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 testi

mony 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

Domicile of Commission.

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 $3,000 per annum, out of which it shall pay for office supplies, furniture, Contingent

postage,

stationery,

traveling

and

other

actual

expenses

of

any

Commissioner

and Printing Funds.

incurred by order of the Commission in the discharge of his duties, etc., the said

sum or so much thereof as may be necessary to be paid out of the State Treas

ury on the order of the Governor. The salary of the secretary of the Railroad

Commission is hereby fixed at $2,000 per annum. The printing fund of the

Commission is hereby fixed at the sum of $2,000 per annum. The Commission is

hereby authorized and empowered to employ a stenographer at a salary not to

exceed $1,200 per annum.

and

Sec. the

16. The office of attorney to the Railroad Commission is hereby created, Governor is hereby authorized to appoint said attorney, whose term

Attorney to Commission.

of office shall be for four years and until his 'successor is qualified, and who shall

receive a salary of $2,500 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 pro

vision thereof, be, and the same are, hereby repealed.

Repealing Section.

Approved August 22, 1907.

AN ACT.
To require railroad companies to furnish proper and necessary cars for the trans portation of peaches, canteloupes, 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 penalities 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 here by enacted by authority of the same.

37

That it shall be the duty of the railroad companies of this State to furnish to any grower or growers of peaches, apples, canteloupes, watermelons, or other perishable products, suitable icing and refrigerator cars, or other suitable cars for the transportation of such products, whenever application is made thereof in writing by the shipper, twenty-four 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 7 of this .Act. and the shipper places his product in carload lots; or in cases of Tess than carload lots expresses to the agents of the railroad company his willingne*'? to pay -`harges for carloard lots; then such railroad company shall be liable for the mar ket value of such product with interest thereon. The market value to be deter mined 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 usual -- ------------------ of 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 addi tional 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 recov ery 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 re quired, he shall be liable to the railroad company for the sum of ten dollars per car, and the cost of the first or initial icing, in the event that the same is iced, and should he fail or refuse to pay same within thirty days after written demand therefor, shall be liable for twenty dollars instead of ten as herein fixed, to gether with cost of icing, and judgment may be rendered for said sums by any court having jurisdiction of the cause.
Approved August 22, 1907.
as

POWERS OF COMMISSION. AMENDMENT TO ACT OF 1907.

AN ACT.

To amend " An Act to increase the membership of the Bailroad Commission of Georgia, and to prescribe the qualifications for membership, '' etc., approved August 13, 1907.

Sec. 1. Be it enacted by the General Assembly of the State of Georgia

and it is hereby August 23, 1907,

enacted entitled

by the authority of the same, That an Act approved " An Act to Increase the Membership of the Railroad

Railroad Connections

Commission of the State of Georgia, and to Prescribe the Qualifications for Powers of

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

Experts employed.

railroad commission shall have authority to ascertain the cost of construction and

the present value of properties in Georgia owned by said corporations, or com

panies, and to that .end, may employ necessary experts. Said commission shall have authority to prescribe rules with reference to spur tracks and said tracks, Spur 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

suffi

Regulation of passenger

cient and proper passenger service when in its judgment inefficient or insuffiicent service.

service is being rendered the public or any community. I t shall have power

and

authority,

when

in

its

judgment

practicable

and

to

the

interest

of

the

public,

Commission, may be

to order and compel the making and operation of physical connection between required.

lines of railroads crossing or intersecting each other, or entering the same incor

porated town or city within this State.

It

shall

have

authority

to

fix

penalties

Overcharges, etc., ad

for neglect on the part of railroad companies to adjust overcharges and losses justed.

or failures to decline to do so, if deemed unjust in a reasonable time. I t shall

have

power

and

authority

to

prescribe

rules

and

penalties

covering

and

requiring

Freight carriage

of,

the

prompt

receipt,

carriage,

and

delivery

of

freight,

the

prompt

furnishing

of

etc., regu lated.

cars to shippers desiring to ship freight, and shall also be authorized to pre

scribe rules and penalties for the transfer of cars through yards by connecting Depots.

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 appoint

ment and service thereat of depot or station agents. The commission shall have Schedules.

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 the same are, hereby repealed.
Approved August 17, 1908.

39

FREE PASSES ON STREET CARS FOR POLICEMEN AND OTHER EMPLOYEES.

AN ACT.

To permit the street railroads to grant free passes to members of the police, sani tary, 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 here by enacted by the authority of the same, That it shall not he 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 the marshals 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 indi vidual members of such police and fire departments any transportation or other special priveleges 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 depart ment, and formally accepted by such authority.

Sec. 2. Be it further enacted by the authority of the 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 under certain condi tions, 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 the eompany and his immediate family, 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 com pany under a system of pensioning or similar system, such passages to be good only for intra-state 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.

TO PREVENT UNJUST DISCRIMINATION BETWEEN RAILROADS.

AN ACT

To further carry into effect paragraph 1 of Section 2 of Article 4 of the Constitu tion of the State, and to prevent unjust discrimination on the part of any rail road operated within or partly within this State against any other railroad com pany within this State.

Section 1. Be it enacted by the General Assembly of the State of Georgia, Railroads

That from and

after the passage

of this Act,

it shall be unlawful

for

any railroad

must sell tickets of

company having an office or agency within the State of Georgia to refuse to put on connecting

sale, or refuse to sell, any ticket of any other railroad company, w ith.which the roads.

same .may be directly or road Commission of this

indirectly State for

connected, at the price or rate fixed by the Rail passage over lines of such connecting roads, less

At rate fixed by Railroad Commission,

such amount as may be directed, to be deducted from such rate by any one or more Etc.

of said connecting lines; and it shall be unlawful after the sale of such ticket, to Unlawful to

refuse

to

issue

check or

checks

for

baggage

over

such

connecting

lines,

and

upon

refuse to check bag

such tickets to the extent that the baggage may be allowed to be cheeked under ordinary rules and regulations of said companies.

the

gage over connecting lines.

Sec 2. Be it further enacted, That is shall be unlawful for any Railroad Unlawful to

company operating or doing business wholly or partly

within

this

State

to

refuse

to

refuse to pul tickets on

put on sale with the agents of any other railroad company, wherewith it may be sale with

directly or

indirectly

connected,

tickets

for

any

point

upon

its

lines

of

road,

or

to

agents of connecting

refuse to receive, such tickets for passage over its lines, or to refuse to receive and lines.

transport baggage which may be cheeked upon said tickets so sold; provided, that Or to refuse

any

railroad

company

so

placing

its

tickets

upon

sale

with

any

other

railroad

com

to receive tickets, or

pany

may

demand

a

reasonable

deposit

of

money,

or

other

reasonable

securiy,

to

check gage.

bag

recover the price of such tickets so placed on sale, and may demand, from time to

time, such renewals of such deposits, or other security, as will protect it from loss Proyiso.

by reason of the amounts received from the sale of such tickets.

Sec. 2. Be it further enacted. That for every violation of any of the provi Penalty for

sions

of this

Act,

the

railroad

company, who shall

by itself

or its

agents,

be

guilty

violating this Act.

of such violation, shall be subject to a penalty of one thousand dollars, which may

be recovered in any Superior, City or County Court of the county in this State in

which such violation may occur, where suit may be brought by the railroad company

whose road may be discriminated against, or by the person offering to buy a ticket

over such road; and such penalty may be recovered by each of said parties, and the

recovery by one shall not be a bar to a recovery of the other.

Sec. 4. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed.

Approved October 15, 1891.

REQUIRING COMMON CARRIERS TO TRACE FREIGHT, ETC.

AN ACT

To requ/ire common carriers, over which freight has teen shipped and has been lost, lost, damaged or destroyed, to furnish to the shipper, consignee or their as signs, within thirty days after application, the necessary information to es tablish upon which line or connecting line of common carriers said loss, dam age or destruction occurred, and in default, to render the carrier to which ap plication was made liable for said loss, damage or destruction, and for other
purposes.

cation must upon appliCarriers trace freight Penalty for failure.

Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, when any freight that has been ship ped, to be conveyed by two or more common carriers to its destination, where under the contract of shipment or by law, the responsibility of each or either shall cease upon delivery to the next " in good order," has been lost, damaged or destroyed, it shall be the duty of the initial or any connecting carrier upon application by the ship per, consignee or their assigns, within thirty days after application, to trace said freight and inform said applicant, in writing, when, where how and by which car rier said freight was lost, damaged or destroyed, and the names of the parties and their official position, if any, by whom the truth of facts set out in said information
can be established.
Sec. 2. Be it further enacted, That if the carrier to which application is made shall fail to trace said freight and give said information, in writing, within the time prescribed, then said carrier shall be liable for the value of the freight lost, damaged or destroyed in the same manner and to the same extent as if said loss, damage or destruction occurred on its line.

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 16, 1891.

AN ACT.
To change the name of the Bailroad Commission of Georgia, to the Georgia Public Service Commission, to revise, enlarge and define the duties and powers of, what shall, after the passage of this Act be known as the Georgia Public Service Com mission to provide a fee to be collected from all public utilities companies for the maintenance of said Commission ; to give said Commission authority to em ploy such experts, clerks, statisticians, engineers, secretary and such other help, as in the opinion of the Commission may be necessary and to fix the compensa tion of each', to provide rules of procedure and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia and Change of it is hereby enacted by authority of the same, That from and after the passage and name. approval of this Act the name of the Railroad Commission shall be, and the same is hereby changed to that of the Georgia Public Service Commission; that all of the authority, rights, powers, duties, privileges and jurisdiction of the Railroad Com mission of Georgia are hereby expressly conferred upon the Georgia Public Service Commission as fully as if so named in any laws of this State; that all actions and proceedings now or hereafter pending in the name of the Railroad Commission shall survive; and be continued, heard and determined by and in the name of the Georgia Public Service Commission; and that no rights, privileges, immunities or appropria tions granted to or made in behalf of the Railroad Commission of Georgia shall merge, lapse, or be lost by reason of such change of name, but shall be conferred, transferred, and imposed upon the Georgia Public Service Commission.

Section 2. The Commission shall have power to employ during its pleasure, such officers, experts, engineers, statisticians, accountants, inspectors, clerks and

Employment Experts, En*

employees as it may deem necessary to carry out the provisions of this Act, or to gineers, etc.

perform the duties and exercise the powers conferred by law upon the Commission.

The compensation of such officials and all other employees shall be fixed by the Com

mission at such sum as it may deem reasonable and proper.

Section 3. That the Commission shall prescribe the rules of procedure and for taking of evidence in all matters that may come before it, on the investigations, preparations and hearing of cases, the Commission shall not be bound by the strict technical rules of pleading and evidence, but it may exercise such discretion as will facilitate it sefforts to ascertain the facts bearing upon the right and justice of the matters before it. In all formal cases heard and determined, when deemed needful, the Commission shall render an opinion, setting out the issues involved in the case, and its decision, ruling and finding thereupon.

Hearings to be held at different points in State.

The Public Service Commission shall conduct hearings and investigations in different parts of the State, when, in the opinion of the Commission, such hearings will best serve the interest and convenience of the public.

Section 4. A full and complete record shall be kept of all proceedings had before the Commission, on any formal investigation had and all testimony shall be

Records kept.

taken down by the official Reporter appointed by the Commission.

43

Section 5. The Commission, or any party, may, in any investigation, cause the Deposition deposition of witnesses residing within or without the State to be taken in the matter of witnesses. prescribed by law, for like depositions in civil actions in civil courts.

Special fund for operation of Commis sion. Expenses of Commission.

Section 6. There shall be paid by .all public service corporations, or utilities, subject to the jurisdiction of the Public Service Commission, a special fee in addi tion to those now required by law. Such fee shall be fixed by the Comptroller General of Georgia upon each of such public service corporations or utilities accord ing to the valueof its property, as ascertained by the last preceding State Tax assessment, and shall be apportioned among such public service corporations or utilities, upon the basis of such valuation, so as to produce a revenue of Seventy Thousand ($70,000.00) Dollars per annum, or so much thereof as may be necessary, which shall be paid on or before the 20th'day of January in each year. The Comp troller General shall notify each public service Corporation or utility of the State, of the amount due by it under the provisions of this Act, not later than December 1st of each year and said fee shall be paid to the State Treasurer on or before the 20th day of January as above provided; such sum of Seventy Thousand ($70,000.00) Dollars, or so much thereof as may be necessary is hereby appropriated and set aside for the purpose of paying the salaries, compensation costs and expense of the Public Commission, its members and employees, and the Public Utility Counsel above pro vided, and no other sum shall be appropriated therefor.
In case of default in payment by any Public Service Corporation, Company, or person of such fee as provided in this section, the Comptroller General shall proceed to collect the same in the same manner as franchise taxes are now collected.

Psaalyamrieesn.t of

Section 7. The annual salary of each Commissioner and of the Chairman of the Commission shall be as at present provided by law, including the Special Attorney now provided by law, whose term of office and appointment shall continue as hereto fore, except that the Special Attorney's salary shall be four thousand $4,000.00) Dollars per year. All officers, experts, engineers, statisticians, accountants, inspec tors, clerks and employees of the Commission shall receive such compensation as may be fixed by the Commission and the salaries as fixed by the Commission for the officers, experts, engineers, statisticians, accountants, inspectors, clerks and other employees and as fixed by this Act for Commissioners, shall be paid monthly from the funds provided for the use of the Commission, after being approved by the Commission.

All expenses incurred by the Commission pursuant to the provisions of this Act, including the actual and necessary traveling and other expenses and disbursements of the Commissioners, their officers and employees incurred while on business of the Commission, shall be paid from the funds provided for the use of the Commission, after being approved by the Commission.

44

The funds assessed and collected as hereinbefore provided for shall be specially designated as the Public Commission Fund, and shall be expended only and exclur

Special fund for opera tion of

sively as herein provided and directed.

Commission.

Section 8. Be it further enacted by the authority aforesaid. That all laws in conflict with the provisions of this Act be, and the same are hereby repealed.
Approved August 21, 1922.

+5

GENERAL RULES

RULE I.

The word " Company," as used and intended by any and all of the rules and

Definition of the word

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

"Company." 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.

All unjust discrimina tion forbid' den. All rates bona-fide. No rebates.

The several companies, in the conduct of their intra-state business, shall afford to all persons equal facilities in the conduct of such business,.without unjust dis crimination 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 other wise, 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 or " draw-back" is hereby expressly forbidden.

RULE 3.

Rates of Commission

All of the rates prescribed by the Commission are maximum rates, which shall

are maxi mum rates.

not be exceeded by any company.

Any company may charge less than the prescribed maximum rate, provided that,

Rates may be reduced

if a less rate be charged to one person, such company shall, for a like service, charge

below maxi mum pro vided no

the same lessened rate 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,

discrimina tion is made

except in cases where otherwise specially provided by the Commission, make a reduc

tion 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.

Tariffs to be kept posted. Changes in tariffs to be posted.

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 immediately 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.
46

No advance in any rate, made without the consent of

whether it be a maximum rate, or otherwise, shall be this Commission first being obtained, nor shall such,

Advances and reductions,

advance become effective until ten days thereafter; and no reduction in any rate Notice of

shall become effective until three days, after notice has been given, as above required.

RULE 5.

All

special

rates,

made

by

any

company

for

any

service

to

be

rendered,

shall

Special rates must be

first be submitted to and approved by the Commission before being put in effect.

approved by. Commission.

RULE 6.

If

between

any

two

points

in

Georgia,

there

are

two

or

more

routes,

whether

Long lines allowed to

composed of the lines of

one or more

companies,

the rate

for

any

service

via

any

of

meet lines

short rates.

such routes, between such points, may be reduced to correspond with the lowest rate

for similar service in effect between the said points without making reductions at

intermediate points.

Provided,

that

where

such

a

reduction

is

made

in

the

rate

for

the

carriage

of

Rates for short dis

freight, relative

between any two points by any reduction shall be made to all

railroad, or connecting line of railroad, a intermediate points, where conditions and

tance not to exceed long distance.

circumstances are substantially similar.

Georgia

Any rate, to or from any Georgia point, may be so reduced as to place such points may

Georgia

point

on

an

equality

with

any

competitive

point

in

another

State,

without

be put on eouality

making any reduction in rates to or from other stations not similarly situated, with respect to such competitive rates.

with points in other States.

RULE 7.

All

rates

effective

in

this

State,

except

in

cases

otherwise

specified,

shall

apply

Rates apply in both

in either direction, over the same line, between the same points.

directions.

RULE 8.

It

shall be

the

duty

of

any

company

to

accept

for

transportation

any

goods

the

Duty to acecept and

carriage of which, by such company, is reasonable safe and practicable, and to trans transport

port the same by the first train practicable; provided, however, that carriers will not goods.

be required to accept for transportation the following articles:

Bank Bills; Coin or Currency; Deeds, Drafts, Notes or Valuable Papers of any

kind; Jewelry, Postage or Revenue Stamps; Precious Metals or articles manufactur

ed therefrom; Precious Stones.

RULE 9.

In no case shall any company collect for any service more than the exact

amount due according to the current rate.

Exact

charge

I f any company shall fail to make the necessary change of money to enable it may be

to collect such exact amount, then the next lower amount ending in 5 or 0 shall be collected.

charged.

47

EULE 10

Claims for overcharge and loss.

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.

Monthly Reports. Annual Reports.

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 ex penses 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 March of each year a report, duly sworn to, and for the fiscal year ending December 31st, immediately preceeding.
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 March of each }iar a report for the fiscal year ending December 31st, immediately preceding.

Blanks fur nished by Commission. Other in formation to be furnished when re quired. Books, etc., to be pro duced.

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 stick 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 tor 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 de manded ana designated by the Commission.

RULE 12/

How to bring Complaints; Rules of procedure. Giving notice to .interested parties.

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 eases 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.

These

specifications,

whether

of

complaint

or

of

defense,

may

be

accompanied,

A rgum ents may be

if the parties so desire, by any explanation or argument, or by any suggestion, made either

touching the proper remedy or policy.

The parties may also be heard in person, or

in person or writing.

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 Com mission, 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 be in any, and all, instances be varied or relaxed when in the exercise ,Commission

of

a sound discretion this

Commission shall be of the

opinion that

a departure

from

reserves right to

the

the

letter

thereof

may

be

necessary

to

the

attainment

of

substantial

justice;

due

modify rules of pro

care being taken in every instance to guard against any injurious surprises.

cedure.

RULE ia

The Commission reserves the right to suspend or modify, at its discretion the Right re

enforcement

of

any

of

its

rules,

rates,

orders

or

other

regulations,

where

in

its

served to suspend or

opinion, the conditions are such, in any particular instance, that a strict enforce modify any

ment of such rules, or other regulations, would result in hardships or injustice.

regulation

49

PASSENGER RULES

RULE 1.

Rates pre scribed are maximum rates, Low rates for children

Each railroad company in Georgia may charge for the transportation of pas sengers 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 one-half of the maximum rate pre scribed for adults.

Minimum fare of ten cents al lowed.

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.

Tickets should be purchased Extra charge un less tickets are purch ased.

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 reason able 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 w