Report of Georgia public service commission. Fifty-third through fifty-fifth report, 1925-1927

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TH E LIBRA RY O F TH E U N IVERSITY O F G EO RG IA

53rd-54th REPORT

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GEORGIA PUBLIC SERVICE
C O M M ISSIO N

1 927 STEIN PRINTING COMPANY
STATE PRINTERS ATLANTA

TABLE OF CONTENTS

Pages

Letter of Transmittal_______ _______ _____ _____________________ II

Constitutional and Statutory Laws_________________ ___________ 1

Laws Relating to Common Carriers-____________ _______________ 2

Acts of the General Assembly Relating to Public Utilities _____ .1. 9

General Rules of the Commission__________ ___ ________________ 41

Passenger Rules____ k ___________ ________{____ _________________ 45

Freight Rules________ _i______________________________ _________ 51

Storage Rules__ _ ____ _

_J. ___ ; g_______________ __ _ 69

Rules Governing the Erection and Location of Railroad, Express and Telegraph, Depots, Stations, Agencies and Offices________, 77

Tariff & Rules Governing Telegraph Companies_________________ 79

General Orders and Circulars__________________________ ______ 81

Passenger Tariff Classification of Railroads__ ______________ _

151

Freight Tariff Classification of Railroads______________ ________ 153

Freight Tariff Classes and Tables.__ '`X i . -- k . i . - _____ _________ 154

Freight Classification of Commission, ____________ __________ ____ 178

Distance Tables.'..______ ___ _____*__________ ________________ 205

Tariffs & Classifications Governing Express Companies____ ____227

Rules Governing Applications for Stock & Bond Issues___________ 240

Rules & Regulations of the Board as to Duties of Commissioners and Employees_____________ _________________ _.______ ____ 244

Statistical Data (1925)___________ _________ ___________________ 248

Statistical Data (1926)_____._______ ______ ___________________ _ 263

Subject Index____________ _T_____ ___ .______ _________________ 281

I

ANNUAL REPORT

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LETTER OF TRANSMITTAL

April 21st, 1927.

To His E xcellency, Governor Clifford Walker:

The Georgia Public Service Commission submits herewith its 54th Report, as required by law, covering the business and transactions of the Commission for the year ending December 31st, 1926.

In our 52nd Report, and also Supplemental Report of April 14th, 1926, reference was made to Bills pending in Congress to restore to the State Commissions authority to make and control intrastate rates as formerly held under the principles laid down in what is known as the "Shreveport Case." Altho additional Bills of this character have been submitted, the last session of Congress failed to take any action, and there has been no change in this situation.
RAILROAD RATES.
Since our last report, the Commission has brought about numerous adjustments of rates of an interstate character by handling informally with the carriers, as provided by law. One of the principal adjustments of this character was the matter of rates on sweet potatoes from Georgia to destinations in Florida. For some time our Geor gia shippers have endeavored to create a market for their sweet potatoes in Florida, but were unable to do so at a profit on account of the freight rate. The matter was handled, and promptly adjusted to the extent of saving the Georgia potato shipper from $75 to $125 per car.
Effective January 1st, 1927, the Commission revised the rates on manufactured iron and steel articles between points in Georgia as a part of the general revision of all freight rates in this State. The new adjustment represents both increases and de creases, but has the effect of placing every shipping point and receiver of these com modities on a parity according to distance, and also places them on a competitive basis with' interstate manufacturers.
As a part of the general revision of all freight rates in Georgia> the Commission submitted to carriers and shippers on November 26th, 1923, tentative rates on lime, car load, but on account of negotiations pending between carriers and shippers in re gard^ to the interstate rates, no definite action was taken following the hearings of November, 1923. After negotiations between shippers and carriers lasting over a period of many months, the carriers submitted to the Commission schedules of rates on lime which had been agreed to, and with some modifications, Orders were issued

II

making these rates effective March 12th, 1927. However, it was claimed by lime manufacturers in Maryland and West Virginia that the fates which had been approved in the South were so low as to create discriminations against the Northern kilns, and for this reason petitioned the Interstate Commerce Commission to suspend the Southern rates, which was granted. This Commission was represented at the hearings before the Interstate Commerce Commission in defense of the rates prescribed in Georgia and other Southern territory, but ho decision has been rendered by the Interstate Commerce Commission up to this tim.

The rates prescribed by this Commission on lime for intrastate application in Geor gia caused some increases to heretofore preferential points, bu^;,decreased -the fates to many of the local intermediate points, and brought about a. parity of rates from ,all shipping points to all destinations, according to distance.

There are large deposits of undeveloped limestone in the Northwestern Section

of Georgia, but at this time Georgia has only one lime manufacturing plant, and this

plant has been seriously handicapped on account of the present adjustment rates.

The new rates which this Commission has approved are designed to give to th sfs

of lime in Georgia the lowest possible rate, and are so constructed with relation to the

interstate rates as to encourage lime manufacturers to locate in Georgia and develop

our large deposits of limestone.

,

The Commission now has before it a general revision of rates on naval stores

between points in Georgia, hearings to begin May 10th. This is a very* important

adjustment to the naval stores interests of Georgia, and it is the purpose of;the Com

mission to make such revision as will bring about proper relationship betweein the

Georgia shippers, a s well as the interstate shippers*

,*{

In our 52nd Report, reference was made to the revision of rates on brick.l?**Since that report, carriers have filed formal complaints before the Interstate Commerce Com mission, alleging that the rates prescribed for intrastate application in Georgia bn common brick for distances above 150 miles are unreasonably low, and cret dis criminations against interstate commerce. These complaints have been defended by this Commission at hearings before the Interstate Commerce Commission, and our Commission has urged the Interstate Commerce;. Commission to decrease the inter state rates to protect the Georgia brick manufacturer on shipments from Georgia tc other states. The Interstate Commerce Commission has this case under consideration, but it will probably not be disposed of before Fall of this year.

Subsequent to our 52nd Report, certain sawmill operators in South Georgia brought to the attention of the Commission their inability to secure shipments of logs from Florida on account of the unreasonably high interstate rates. In accord with the pro visions of the law, the Commission handled the matter with the ,carriers af fault1in an attempt to bring about reasonable rates, and carriers failing to make what ip the opinion of the Commission was proper adjustment, the Commission filed formal com plaint before the Interstate Cbmmerce Commission. This Commission submitted evidence and testimony before the Interstate Commerce Commission, showing that the rates on logs from Florida to Georgia manufacturing towns were from 50% to 200% higher than the rates being applied intrastate in Florida,-thus creating such a discrimina tion against the Georgia shipper as to make it impossible for him to met' the cbmpetition of the Florida manufacturer. The Interstate Commrce Commission* ha nbt yet disposed of this complaint.

Ill

82709

In November, 1923, this Commission revised the rates on cottonseed between points m Georgia, the rates being so adjusted as to permit the oil mills to draw cotton seed for longer distances than had been practicable theretofore. However, recently the cottonseed oil mills filed a petition with the Commission to make another revision of the cottonseed rates, and to revise the rates on a higher level for the longer distances than at present. Following this complaint by the Georgia mills, interstate shippers filed formal complaints before the Interstate Commerce Commission, alleging that the present Georgia rates are unreasonably low and discriminate against interstate commerce. As a result of this latter complaint, and other complaints in Southern territory, the Interstate Commerce Commission has instituted a general investigation of all the rates on cottonseed and cottonseed products, both inter and intrastate, thru out Southern territory and between Southern territory and other territories. This investigation is one of the most important undertaken by the Inter state Commerce Commission in some time, and realizing the importance of these rates to the Georgia farmer and cottonseed crusher, this Commission will co-operate with the Interstate Commerce Commission, with the view of arriving at just and reason able rates. The investigation of these rates will last over a period of several weeks.
In the early part of this year, the Interstate Commerce Commission instituted a general investigation of the rates on cotton thruout Southern and Western territory, including the rates from Southern and Western territory to Eastern territory, this investigation being conducted under Interstate Commerce Commission Docket 17000, which is the result of the Hoch-Smith Resolution of Congress, requiring the Inter state Commerce Commission to investigate all freight rates and make such adjust ments as will be of benefit to farmers and manufacturers. The Interstate Commis sion has consolidated with these hearings complaints of the Cotton Growers Asso ciations of eleven Southern and Western States in which they seek a general 20% re duction in rates on cotton. This Commission will co-operate with the Interstate Com merce Commission in these investigations, and it has been announced by the Interstate Commerce Commission that hearings will probably be assigned for early Fall.
/ In our report of April 14th, 1926, among other things we called attention to the investigation of rates on fertilizers being conducted by the Interstate Commerce Com" mission, as a result of complaints filed against the Georgia, Alabama, and South Caro" lina rates. Since this report, the Interstate Commerce Commission has handed down its final decision, prescribing maximum rates to be applied interstate thruout Southern territory. The decision of the Interstate Commerce Commission does not affect the rates in Georgia at this time, but carriers filed a petition with the Commission for approval of the interstate rates for intrastate application, and the carriers' petition was supported by a large number of fertilizer manufacturers and shippers in Georgia. The Commission now has this petition under consideration, and expects to dispose of same at an early date.
The adjustment of class rates being made by the Interstate Commerce Commis sion for Southwide application referred to in our Report of April 14th, 1926, has finally been made into an Order by the Interstate Commerce Commission to become effective July 1st, 1927. The new rates, when made effective, will remove many discriminations that have existed for years against certain communities, and will place all communities on a parity, according to distance.
IV

The matter of rates on cement referred to in our Report of April 14th, 1926, has not yet been disposed of by the Interstate Commerce Commission, but a tentative Order has been distributed by the Interstate Commerce Commission, and it is very probable that the Interstate Commerce Commission will revise the rates on cement thruout Southern territory within the present year.

In our 52nd Report, and also our Report of April 14th, 1926, we called attention to the rates on sand, gravel, and crushed stone prescribed by this Commission, and to complaints filed against these rates before the Interstate Commerce Commission by. the Atlanta Coast Line Railroad and shippers of sand and gravel in Alabama and Tennessee. The Interstate Commerce Commission issued a final Order in this case, prescribing maximum rates on sand, gravel, and crushed stone to be applied interstate from points in Alabama and Tennessee to Georgia, which are generally higher than the rates which this Commission prescribed for Georgia intrastate application, and which were under attach. The Interstate Commerce Commission stated in its Order that the Georgia rates are not discriminatory against interstate commerce, but suggested that the rates which it prescribed were maximum rates to be applied in this territory. Should the rates prescribed by the Interstate Commerce Commission be made effective in Georgia, it would materially increase the freight cost to the State Highway Depart ment and other large users of these materials.

The matter of rates on peaches from Georgia to Northern and Eastern destinations referred to in our Report of April 14th, 1926, has not yet been finally disposed of by
the Interstate Commerce Commission. A tentative report was submitted to carriers and shippers, and final argument has been had before the Interstate Commerce Com mission, but it is not probable that a final Order will be issued for three or four months from this date.

The investigation ordered by the Interstate Commerce Commission in the matter of charges for refrigeration service from various Southern States, including Georgia, referred to in our Report of April 14th, 1926, has been assigned for hearing before the
Interstate Commerce Commission at Jacksonville, Florida, April 26th, 1927. This
Commission will co-operate with the Interstate Commerce Commission in this investi gation.

In our Report of April 14th, 1926, reference was made to the rates on lumber and

other forest products from Southern territory, including Georgia, to the Carolina terri

tory and Northern and Eastern territory. This adjustment has not yet been disposed

of by the Interstate Commerce Commission, and final Orders will probably not be

issued before the latter part of the current year,,

,.

This Commission is co-operating with the Interstate Commerce Commission in its general investigation of rates on petroleum and petroleum products referred to in our Report of April 14th, 1926. Extensive hearings, lasting over a period of several weeks, have already been held, but at this time all evidence has not yet been submitted, and on account of the importance and magnitude of the case, it is not likely that a final Order will be issued before next year.

EXPRESS RATES.
In our Report of April 14th, 1926, reference was made to petition of the Ameri can Railway Express Company and Southeastern Express Company for approval of Official Classification No. 29, and also the pending revision of express rates on fruits

V

and vegetables, fish, milk, cream, etc. Since this Report, our Commission has approved the application of the Official Classification No. 29, and has also revised the express rates on fruits, vegetables, etc., the new rates on these commodities being brought into line with the general revision of express class rates mentioned in our last Report.
UTILITY RATES.
Viz: Gas, Electric, Street Railway, and Telephone Companies.
Since our last Report, there has been no general revision of rates of these utilities of statewide importance. The Commission now has before it petition of the AugustaAiken Railway & Electric Corporation for a revision of its wholesale and retail hydro electric power rates. This Company, within the last two or three years, has extended its operations thruout Northeastern Georgia, taking over several small municipal plants, and is also serving hydro-electric service to new communities that heretofore have not had electric service.
In our last Report, we mentioned the extension of the lines of the South Georgia Power Company and Georgia Railway and Power Company. This extension of ser vice has continued very actively since our last Report, and the merger of small pri vately owned, as well as municipal plants, has, in many instances, resulted in mater ial decreases in electric light and power rates with a continuity of service which these communities have not heretofore enjoyed.
During the past year a large number of electric plants in small towns have been purchased by, the larger hydro-electric companies. This includes a number of plants that were owned and operated by the local municipality, which, when so owned, does not come under the jurisdiction of the Commission. In practically every instance where the small plants have been absorbed by the larger companies, it has resulted in an immediate reduction in rates for light and power, and has also resulted in giving to these small communities continuous, twenty-four hour service. The merging of these properties is of vital interest to the citizens of Georgia, and is scrutinized by the Com mission, when jurisdiction attaches, in order that all parties may be fully protected.
Based on information now available, it is the opinion of the Commission that within the next twelve months a large number of the small communities will be merged with the larger electric companies, with the result that lower rates, continuous and better service will be realized.
Hydro-electric development is fast reaching a stage where every county in the State of Georgia will have an abundant supply of hydro-electric current for light and power, which, when thus available, will go far towards solving many difficulties now experienced on the farms. Refrigeration for preserving the various products, vege tables, meats, fruits, etc., will, in the near future, be regarded as one of the very neces sary facilities in operating a modern farm, to say nothing of the advantages in the way of power, lights, etc. Georgia can justly boast of the greatest hydro-electric develop ment within the past five years of any State in the South.
TELEPHONE RATES.
During the past year, the Commission has been called upon to revise the rates of several of the independent local telephone companies in the State, while only of local interest yet for toll service they are very important arteries in giving telephone Service throughout the State.
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The Commission has revised toll rates for the Bell Telephone Company and a large number of independent companies, which has had the effect of giving a better and more continuous service, and in most instances at less cost. Under the revised toll the reduced or night rates become effective at 7:30 P. M. instead of 8:30 P. M., as heretofore, and continue in effect until 4:30 A. M. The new rates also provide that a station-to-station call may be reversed, which has not been heretofore per* putted. This latter service has proved of material benefit to a large number of citizens, and particularly travelling business men, who have occasion to communicate with their homes or places of business from various sections of the State at the close of the day's work.
Much time has been given to advertising this station-to-station service now fur nished by the telephone companies, with the result that .a great economic saving has been experienced by the public, and has speeded up the handling of long distance calls,
WESTERN & ATLANTIC RAILROAD. Under the Act of 1915, leasing the State's Railroad property, supervision of this property and the properties under lease in the City of Chattanooga, Tennessee, is placed under the Georgia Public Service Commission. Dring the year 1926 there was expended by the Nashville, Chattanooga & St. Louis Railroad, as lessee of said property, in the way of additions and betterments, the sum of $241,508.15. Consider ing that only $60,000 per annum as a minimum is required to be expended under the terms of said lease, the above expenditures for the year 1926 strongly indicate the splendid condition the State s Railroad property is in at this time. There has been ex pended by said lessee in the way of additions and betterments to and including De cember 31st, 1926, after due allowances for proper deductions, a grand total of $1,442,683.58, a sum almost half of the total sum so to be expended during the fifty years of the lease.
The Commission has had its Engineer check all expenditures covered in the foregomg, and the Commission will make an additional check and inspection of said ex penditures on May 9th next. However, with information of unquestioned accuracy now in hand, the Commission is justified in saying that the condition of the road-bed is being improved from year to year, and is now in as good condition as any Railroad in the South, considering the size rail which is being added to with great dispatch from year to year. In the past two years the lessee has relaid about fifty miles of 110 lb. rail at an approximate cost of $390,000, yet the statement of additions and betterments for these two years shows a charge of about $120,000, and the balance has been charged to operating expenses. As between the rail weighing 110 lbs. per yard, against 90 lbs. rail removed, the actual addition and betterment charge is comparatively small, yet the lessee incurs the whole cost of the new rail purchased.
RECOMMENDATIONS. The law requires the Commission to recommend from time to time such legisla tion as, in its opinion, is desirable. We respectfully recommend the imperative neces sity of legislation looking to the elimination of grade crossings over steam Railroads. It is needless to recount the many shocking tragedies growing out of the delay in proper legislation along this line. It is the most extravagant thing that the Railroads are ex periencing, viewing it from an economic consideration. It is almost a daily occurrence that one or more lives are lost as a result of this delay. Surely the coming session of the Legislature in 1927 will make this one of its principal purposes in convening, to the end that it will have early and favorable consideration.
VII

Various forais of modern transportation are now engaged in on every highway thruout the State. Legislation controlling this form of transportation for passengers and freight in Georgia is as certain as time. Strange to say, Georgia, for some unknown reason, has lagged in this respect. There are only four or five States, including Geor gia, that have not provided proper legislation for this method of transportation, many states have had such legislation for the past fifteen years, and with absolute satisfac tion to the motor vehicle transportation interests, as well as the citizens of the states. Millions and millions of dollars are being expended in building highways, as it should be, but immediately this enormous investment is available for traffic, a new enter prise comes into existence in the form of a common carrier, with 80% of the total cost incident to carrying on its business furnished by the public without charge.

Why should Georgia delay legislation on this subject longer?

PUBLIC SERVICE CORPORATIONS.

There were reporting to this Commission during the year 1926, 271 public service corporations, and with a few exceptions, they are in a most prosperous condition.

The character of these corporations, and the number in each class, is as follows :

1926

1925

Street Railroad, Ga, Elec. Lt. & Power Cos........... ...... 42

34

Steam Railroads.........................-- ..... ........................ --- 48

46

Terminal Companies.................... -................................... 5

5

Express Companies................ ----...........-...........--- -..... - 2

2

Telegraph Companies....................................................... 2

2

Telephone Companies......................... 1................... -....... 163

87

Cotton Compress Companies................... ..............--...... 9

8

Totals..................................................... - -...... -- 271

184

STEAM RAILROAD MILEAGE.
Year Ending December 31, 1926 Miles--Single Track--Main Line...................... ........................... 7,048.36 Miles--Second Track--Main Line--...................................... -- 514.66 Miles--Passing and Yard Track...... ............................-- -- ------ - 2,071.15
Total................................................................................... .. 9,634.17

STEAM RAILROAD ACCIDENTS. Occurring during year 1926.

Passengers..... Employees-- Other persons.

1926

Killed . 13 - 31 ...122

Injured 192
2,246 327

V III

1925

Killed

Injured

2

292

r5i

3,004

108

321

STREET RAILROAD ACCIDENTS.

Occurring during year 1926.

1926

Killed

Injured

Passengers.......................... 0

1009

Employees..............

2

267

Other persons..................... 16

439

1925

Killed

Injured

2

810

2

304

25

371

SUMMARY TO FINANCIAL OPERATIONS OF CORPORATIONS SUB JECT TO THE JURISDICTION OF THE GEORGIA PUBLIC SER VICE COMMISSION, FOR THE YEAR INDICATED.

Gross Earnings

Operating Expenses

Net Earnings

Railroad Cos.................. $116,977,839.29 $85,754,684.79 $23,016,298.97

Terminal Cos................. 415,562.98 820,076.61

29,942.51

Tel. & Ex. Cos.................310,830,331.42 308,529,718.27 2,418,878.57

St. Ry. Gas & Elec. Cos. 34,064,299.48 22,987,938.77 11,143,064.67

Telephones Cos................ 9,111,185.00 6,888,563.51 2,247,632.66

Cotton Comp. Cos..................................1,921,471773,.36288.44 504,445.44

Deficits
$133,983.02 435,456.14 118,264.42 58,663.59 26,320.43

TAXES PAID IN GEORGIA IN 1926 BY PUBLIC SERVICE CORPORATIONS.

Steam Railroads......... ....... ................._........ ................................................ $5,370,005.60

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

59,337.56

Telegraph & Express Companies............................................................. . 322,015.72

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

750,731.54

Cotton Compress Companies.....................

105,744.98

Street Rwy., Gas and Electric Cos.............................................................. 1,758,378.10

Totals................................................................................................. $7,361,212.45 Compares with taxes paid in 1925............................................................... $7,094,473.60

Respectfully submitted,

JAMES A. PERRY, Chairman. WALTER R. McDONALD, Vice-Chairman. OSCAR R. BENNETT, CALVIN W. PARKER, ALBERT J. WOODRUFF, ROBT. N. SPRINGFIELD, Secretary, E. M. PRICE, Rate Expert.

IX

iE kiMr
INFORMATION
As to Constitutional and Statutory Laws relating to the Georgia Public Service Commission, Railroads and other public utilities.
CONSTITUTION
ARTICLE IV.--Section II. (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 Assem bly, whose duty it shall be to pass laws, from time to time, to regulate freight and passenger tariffs, to prohibit unjust discriminations on the various railroads of this State, and prohibit said roads from charging other than just and reasonable rates, and enforce the same by adequate penalties.
Par. III. (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 corpora tion in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter, and shall bring the same under the provisions of this Consti tution; 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;
Par. 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 cor poration in this State, or elsewhere, or to make any contract, or agreement whatever, with any such corporation, which may have the effect, or be intended to have the effect, to defeat or lessen competition in their respective businesses, or to encourage monopoly; and all such contracts and agreements shall be illegal and void.
Par. V. (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 mislead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.
Par. VI. (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.
Par. VII. (Code Section 6469.) The General Assembly shall enforce the provisions of this article by appropriate legislation.
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LAWS RELATING TO COMMON CARRIERS

The 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 D efined. "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 D efined. "One who pursues the business constantly or continuously for any period of time or any distance of transportation, is a common carrier, and as such is bound to use extraordinary diligence. In case of loss the pre sumption 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-- A ct o j 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. Unavoidable accidents
are the same as acts of God. 2 Ga. Rep. 349, etc.

Carrier's N egligence. "In order for a carrier or other bailee to avail himself of the Act of God or exception under the contract as an excuse, he must establish not only that the Act of God or expected fact ultimately occasioned the loss, but that his own negligence did not contribute thereto." Code Sec. 2713.

Railroad Common Carriers. "Railroad companies are common carriers and liable as such," Code Sec. 2751.

D uty as to R eception 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 regulations as he may adopt for his own safety and the benefit of the public." Code Sec. 2729.

Carrier's R esponsibility B egins. "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 des tination according to the direction of the person sending, or according to the custom
of the trade." Code Sec. 2730.

R esponsibility for D elay. "The common carrier is bound not only for safe transportation, but also that the same be done without unreasonable delay." Code Sec. 2736.

Strikes as E xcuses for P $ lay. "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 ^ 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 b^ the civil authorities when called

upon by it." Code Sec. 2737.

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D amage for D elay. Where 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.
R eceipts for F reight. Whenever any person shall deliver property of any description to a railroad, steamboat or express company, for transportation, said company shall, upon demand, furnish the party so delivering a valid receipt which shall specify the shipping marks and numbers thereon and the weight oftthe property 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 description of the property and shall also specify, as near as practicable, the quantity or value thereof, and also the place of destination ; and any agent or officer of such company violating the provisions of this section shall be guilty of a misdemeanor." Code Sec. 633.
-Duplicate F reight R eceipts. "All railroad companies in this State shall, on demand, issue duplicate freight receipts to shippers, in which shall be stated the class or classes of freight shipped, the freight charges over the road giving the receipt, and so far as practicable shall state the freight charges over the other roads that carry such freight. When the consignee presents the railroad receipt to the agent of the rail road that delivers such freight, such agent shall deliver the article shipped on pay ment of the rate charged for the class of freights mentioned in the receipt." Code Sec. 2643.
Carriers M ust T race 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, whose, 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 can be estab lished." 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 claimant or his agent, shall have been filed with the agent of the initial carrier, or with the agent of th carrier upon whose line the loss or damage or overcharge actually occurred. In the event such claim is not adjusted and paid within the time limited, the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the pay ment thereof, and shall also be liable for a penalty of fifty dollars for every such fail ure to adjust and pay said claim, to be recovered by the party damaged m any court of competent jurisdiction; Provided, That unless such claimant shall recover the full
3

amount claimed, no penalty shall be recovered, but the recoverer 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 Lien. "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 complied with his contract as to transportation. He can recover pro rata for the actual distance transported, when the consignee voluntarily receives the goods at an intermediate point." Code Sec. 2741.
Stoppage in Transitu. "A stoppage in transitu by the vendor or consignor re lieves .the carrier from his obligation to deliver, nor is he thenceforward responsible for more than ordinary diligence in the care of goods." Code Sec. 2738.
When Stoppage in T ransitu 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 con signee, on his becoming insolvent. It continues until the vendee obtains actual pos session of the goods." Code Sec. 2739. .
Facilities fo r W eighing F reight. "Every railroad or transportation com pany in this State shall provide suitable and adequate facilities for correctly weigh ing 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 W eigher to W eigh F reight. "Whenever any railroad company in this State shall weigh any cars loaded with freight to be shipped and charged for by the carload, such weighing shall be done by a sworn weigher, as provided for the weigh ing of cotton, rice and other produce." Code Sec. 2763.
Cars to be Uncoupled. "When such cars are weighed singly they shall be un coupled at both ends and weighed one at a time." Code Sec. 2764.
Lumber Cars W eighed 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 cars so loaded to be weighed together, after uncoupling them at both ends from other cars." Code Sec. 2765,
To R eceive Live Stock. "All common carriers of this State shall receive for transportation all live stock of every description and domestic animals, when ten dered 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. 2767.
Contracts Void. "All 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.
4

Railroads to M ake 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 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 over payment, then said railroad or common carrier shall be liable to said person making the overpayment in an amount double the amount of the overpayment, to be recovered in any court hav ing jurisdiction of the same, and more than one claim for such excess may be joined in the same suit." Code Sec. 2770.
N ature of Shipment. "The carrier may require the nature and value of the goods delivered 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 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 Passengers. "A carrier of passengers is bound also to extraor dinary diligence on behalf of himself and his agents to protect the lives and persons of his passengers. But he is not liable for injuries to the person, after having used such diligence." Code Sec. 2714.
Who a Passenger. "A carrier may demand prepayment of fare; but if, by its permission, persons enter its vehicle with the intention of being carried, an obliga tion to pay fare is implied on the part of the passenger, and the reciprocal liability of the carrier arises." Code Sec. 2715.
R ailroads M ust Accomodate All Alike. "The different railroads in this State, acting as public carriers, are required to furnish equal accomodations to all, without regard to race, color or previous condition. Any railroad in this State violat ing 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 Accomodations in Separate Cars. "All railroads doing business in this State shall furnish equal accomodations, in separate cars, or compartments of cars, for white and colored passengers; but this section shall not apply to sleeping cars." Code Sec. 2717.
M ust Assign Passengers 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 sections (2717), and all conductors of dummy, electric and street cars shall be required, and are- hereby empowered, to assign all passengers to seats on the cars
5

under their charge, so as to separate the white and colored races as much as practicable, and all conductors and other employees of railroads and all conductors of dummy, electric and street cars shall have, and are hereby invested with police powers to carry out said provisions." Code Sec. 2718.
P enalty for. R emaining in Car. "Any passenger remaining in any car, or compartment, or seat, other than that to which he may have been assigned, shall be guilty of a misdemeanor. The conductor and any and all employees on such cars are 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. 2719.
D ifferent Cars or Compartments for White and Colored Passengers. "Officers or employees having charge of such railroad cars shall not allow white and colored passengers to occupy the same car or compartment ; and for a violation of this section any such officer or employee shall be guilty of a misdemeanor. Code Sec tion 2721. But these provisions shall not apply to nurses or servants in attendance on their employers. Code Sec. 2722.
Station Accommodations for Passengers. "All railroad companies operat ing passenger trains and taking on or putting off passengers, or that operate passen ger 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 the 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 M ay B e R efused. "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 R esponsibility for Baggage. "The carrier of passengers, is re sponsible only for baggage placed in his custody ; yet a passenger cannot relieve him self from liability for freight by assuming to take care of his own baggage. Code Sec. 2731.
Checks for Baggage. "It 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." Cde 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 parry for his or her own use." Code Sec. 2742.
Lien ON B aggage. ' "The* carrier of passengers has a lien on the baggage, not only for its freight, but for the passenger's fare." Code Sec. 2743.>
6

Unused Tickets to be R edeemed. "It shall be the duty of every common carrier that 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 at 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 used ticket for redemption within six months after the date of its issuance, to the officer or agent who shall be authorized or desig nated by such common carrier 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 for." 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 be punished as for a misdemeanor." Code Sec. 529.
Conductors Failing to F urnish Water and Lights. "Any conductor or agent of a railroad, who after being requested by a passenger to furnish a sufficient supply of water to the passengers in each car, in the day or night, and light at night, shall pass, any depot or station without so doing, may be indicted in any county through which said railroad runs, of which he is agent or conductor, and shall be punished as for a misdemeanor." See Code Sec. 530.
Conductors E mpowered as Police Officers. "The conductors of a train carrying passengers are invested with all the powers, duties and responsibilities of police officers while on duty on their trains; Provided, Nothipg herein contained shall effect the liability of any railroad company for the acts of its employees. When a passenger is guilty of disorderly conduct, or uses any obscene, profane or vulgar lang uage, 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 com mitted, and eject the passenger from the train." Code Sec. 925.
P olice 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 liability on any railroad company for the acts of its employees." Code Sec, 926.
Authority to E ject Passengers. "When 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 passengers on such trains or cars, to assist in the removal, and they may cause any person who violates the provisions of this
r

section, or who commits acts in violation of law, to be detained and delivered to the proper officers for trial as soon as practicable, and said officers are authorized to exer cise the police powers hereby conferred, at the termini also of their lines, while on duty either as conductors, motormen or drivers." Code Sec. 927.
B ulletins as to D elayed T rains. "Whenever any passenger train, on any railroad in this State, shall be more than one-half of one hour behind its schedule time when it passes a depot at which there is a telegraph operator, during the hours that such operator is required to be on duty, it shall be the duty of such railroad company to keep posted at every succeeding telegraph station along its line the time such train is behind its schedule; Provided, That such 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 bulletin is required to be kept." Code Sec. 2688.
8

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 jo r the regulation o f railroad jreighl and passenger tariffs, and the location a nd building o f passenger an d freig h t depots in this State; to prevent u n ju st discrim ination in the rates charged fo r transportation o f passengers a n d freights, a nd to prohibit railroad companies, corporations, and lessees in this State fro m charging other than ju s t and reasonable rates, a n d to p u n ish the same, a nd to prescribe a mode o f procedure a nd rules o f evidence in relation thereto, a nd to appoint Commissioners, a nd to pres cribe their powers a nd duties in relation to the same.

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

Section 1. B e it enacted by the General A ssem bly o f Georgia, That there shall be three Commissioners appointed by the Governor, with the advice and consent of the Senate, to carry out the provisions of this Act, of whom one shall be of experience in the law, and one of experience in the railway business. After the expiration of the terms of the office of the Commission ers first appointed, the term of office of successors shall be six years; but, at the first appointment, one Commissioner shall be appointed for two years, one for four years, and one for six years. The salary of each Commissioner shall be twenty-five hundred dollars, to be paid from the Treasury of the State. Any Commissioner may be suspended from office by order of the Governor, who shall report the fact of such suspension, and the reason there for, to the next Geneial Assembly, and if a majority of each branch of the General Assembly declare that said Commissioner shall be removed from of fice, his term of office shall expire. The Governor shall have the same power to fill vacancies in the office of Commissioner as to fill other vacancies, and if, for any reason, said Commissioners are not appointed during the present session of the General Assembly, the Governor shall appoint them thereafter, and report to the next Senate, but the time until then shall not be counted as part of the term of office of said Commissioners, respectively, as herein provided. Said Commissioners shall take an oath of office, to be framed by the Governor, and shall not, jointly or severally, or in any way, be the hold ers of any railroad stock or bonds, or be the agent or employee of any rail-

Commissioners, appoint ment. term and salary.

9

Location of. office, em ployment of Secre tary, ex penses, etc. Extortion by railroads forbidden.
Unjust dis crimina tion for bidden. Duty of commis sioners.

road 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 re sign and on failure so to do, he must be suspended from office by the Gov ernor, and dealt with as hereinafter provided. In any case of suspension the Governor may fill the vacancy until the suspended Commissioner is restored or removed.
Sec. II. That said Commissionrs shall be furnished with an office, necessary furniture and stationery, and may employ a secretary or Clerk at a salary of eighteen hundred, dollars at the expense of the State. The office of said Commissioners shall be kept in Atlanta, and all sums of money authorized to be paid by this Act out of the State Treasury shall be paid only on the order of the Governor; Provided, That the total sum to be expended by said Commissioners for office rent, furniture and stationery, shall, in no case, exceed the sum of eight hundred ($800) dollars, or so much thereof as may be necessary, per annum.
Sec. III. That from and after the passage of this Act, if any railroad corporation, organized or doing business in this State, under any Act of incorporation or general law of this State now in force, or which may here after be enacted, or any railroad corporation organized, or which may here after 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 rea sonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any rail road car upon its track, or any of its branches thereof, or upon any railroad withm' 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 convic tion thereof, shall be dealt with as hereinafter provided.
Sec. IV. That if any railroad corporation as aforesaid shall make any unjust discrimination in its rates or charges of toll or compensation for the transportation of passengers or freight of any description, or for the use
and transportation of any railroad car upon said road, or upon any of the branches thereof, or upon any railroads connected therewith, which it has >
the right, license or permission to operate, control or use, within this State, the same shall be deemed guilty of having violated th provisions of this
Act, and, upon conviction thereof, shall be dealt with as hereinafter provided.
Sec. V. That the Commissioners appointed as hereinbefore provided, shall as provided in the next section of this Act make reasonable and just rates of freight and passenger tariffs, to be observed by all railroad com
panies, doing business in this State on the railroads thereof; shall make rea sonable, and just rules and regulations, to be observed by all railroads com panies doing business in this State, as to charges at any and all points; for-

10

the necessary handling and delivering of freights; shall make such just and

reasonable rules and regulations as may be necessary for preventing unjust

discriminations in the transportations of freight and passengers on the rail

roads in this State; shall have the power to make just and reasonable joint

rates for all connecting railroads doing business in this State, as to all traffic

or business passing from one of said roads to another, and to require the

location of such depots, and the establishment of such freight and passen

ger buildings, as the condition of the road, the safety of freight and the pub

lic comfort may require; Provided, however, That before applying joint rates

to roads that are not under the management and control of one and the same

company, the Commissioners shall give thirty days' notice to said roads of

the joint rate contemplated, and of its division between said roads, and give

hearing to roads desiring to object to the same; shall make reasonable and

just rates of charges for use of railroad cars carrying any and all kinds of

freight and passengers on said railroad, no matter by whom owned or carried;

and shall make just and reasonable rules and regulations, to be observed

by said railroad companies on said railroads, to prevent the giving or pay

ing of any rebate or bonus, directly or indirectly, and from misleading or

deceiving the public in any manner, as to the real rates charged for freight

and passengers; Provided, That nothing in this Act contained shall be taken

as in any manner abridging or controlling the rates for freight charges by

any railroad company in this State for carrying freight which comes from or

goes beyond the boundaries of the State, and on which freight less than

local rates on any railroad carrying the same are charged by 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 re

gulations to designate and fix the difference in rates ctf freight and passenger

transportation, to be allowed for longer and shorter distances on the same

or different railroads, and to ascertain what shall be the limits of longer

and shorter distances.

+

Sec. VI. That the said Railroad Commissioners are hereby authorized and required to make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of just and reasonable rates of charges for the transportation of passengers and freights and cars on each of said railroads; and said schedules shall in suits brought against any such railroad corporations wherein is involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or un just discrimination in relation thereto, be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads; and said Commissioners shall, from time to time, and as often as circumstances may require, change and revise said schedules. When, any,schedule shall have been made or revised, as afore-

O o m m is-
sioners shall make schedule of rates, pub lish same, etc.

11

Jurisdic tion and power of Commis sioners. Power of Commis sioners over con tracts be tween rail roads.

said, 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 occu pied, by inserting said schedule or change of any schedule, so that said news paper 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, m 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 Com missioners that affects only one road or roads in a particular locality the insertion need only be made in the paper published in one of the cities named nearest where the change is made. (Act 27th September, 1883); Provided, That the schedule thus prepared shall not be taken as evidence, as herein provided, until schedules shall have been prepared and published as afore said, for all the railroad companies now organized under the laws of this State, or that may be organized at the time of said publication. All such schedules, purporting to be printed and published as aforesaid, shall be re ceived and held in all such suits as prim a ja cie the schedules of said Com missioners, without further proof than the production of the schedules de sired to be used as evidence, with a certificate of the Railroad Commission that the same is a true copy of the schedule prepared by them for the rail road 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 investi gate the books and papers of all the railroad companies doing business in this State, to ascertain if the rules and regulations aforesaid have been com plied with, and to make personal visitation of railroad offices, stations, and other places of business for the purpose of examination, and to make rules and regulations concerning such examination, which rules and regulations shall be observed and obeyed as other rules and regulations aforesaid; said Commissioners shall also have full power and authority to examine all agents and employees of said railroad companies, and other persons, under oath or otherwise, in order to procure the necessary information to make just and reasonable rates of freight and passenger tariffs, and to ascertain if such rules and regulations are observed or violated, and to make necessary and proper rules and regulations concerning such examinations, and which rules and regulations herein provided for shall be obeyed and enforced as all other rules and regulations provided for in this Act. .
Sec. VIII. That all contracts and agreements between railroad com panies doing business in this State, as to rates of freight and passenger tariffs, shall bp submitted to said Commissioners for inspection and correction, that it may be seen whether or not they are a violation of law or of the pro visions of the Constitution, or of this Act, or of the rules and regulations

12

of said Commissioners; and all arrangements and agreements whatever as to the division of earnings of any kind by competing railroad companies doing business in this State, shall be submitted to said Commissioners for inspection and approval, in so far as they affect rules and regulations made by said Commissioners to secure to all persons doing business with said com panies just and reasonable rates of freight and passenger tariffs; and said Commissioners may make such rules and regulations as to such contracts and agreements as may then be deemed necessary and proper, and any such agreement, not approved by such Commissioners, or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers, shall be deemed, held and taken to be violations of article 4, section 1, para graph 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 afore said, inflict any wrong or injury on any person, such person shall have a right of 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.

Injuries re sulting from viola tion of rules.

Sec. XI. That in all cases under the provision of this Act the rules of evidence shall be the same as in civil actions, except as hereinbefore other wise provided. All fines recovered under the provisions of this Act shall be paid into the State Treasury, to be used for such purposes as the General Assembly may provide. The remedies hereby given the persons injured shall be regarded as cumulative to the remedies now given by law against railroad corporations, and this Act shall not be construed as repealing any statute giving such% remedies.

Rules of Evidence.

Sec. XII. That the terms "railroad corporation/' or "railroad com pany," contained in this Act, shall be deemed and taken to mean all corpora tions, Companies or individuals now owning or operating, or which may hereaf ter own or operate any railroad, in whole or in part, in this State, and the provisions of this Act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carrier upon any of the lines of railroad in this State (street railways excepted), the same as to railroad corporations hereinbefore mentioned.

Meaning of terms.

Sec. X III. That all railroad companies in this State, shall, on demand, issue duplicate freight receipts to shippers, in which shall be stated the class or classes of freight shipped, the freight charges over the road giving the receipt, and so far as practicable shall state the freight charges over other roads that carry such freight. When the consignee presents the railroad

Duplicate freight receipts.

13

Reports of Commis sioners. Power of Commis sioners over wit nesses.
Railroad officers to report to Commis sioners.

receipt to the agent of the railroad that delivers such freight, such agent shall deliver the article shipped upon payment of the rate charged for the class of freights mentioned in the receipt. If any railroad company shall violate this provision of the statute, such railroad company shall incur a pen alty to be fixed and collected as provided in section nine of this Act.
Sec. XIV. That it shall be the duty of the Commissioners herein pro vided for to make to the Governor annual reports of the transactions of their office, and to recommend, from time to time, such legislation as, they may deem advisable under the provisions of this Act.
Sec. XV. That Railroad Commissioners, in making any examination for the purpose of obtaining information pursuant to this Act, shall have power to issue subpoenas for the attendance of witnesses, by such rules as they may prescribe. And said witnesses shall receive for such,attendance two dollars per day, and five cents per mile, traveled by the nearest prac ticable route in going to and returning from the place of said Commissioners, to be ordered paid by the Governor upon presentation of subpoenas, sworn to by the witnesses, as to number of days served and miles traveled, before the clerk of said Commissioners, who is hereby authorized to administer oaths. In case any person shall willfully fail or refuse to obey such sub poena, it shall be the duty of the judge of the superior court of any county, upon application of said Commisioners, 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 Com missioners, 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 com pany 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 Commis sioners in the discharge of the duties hereby imposed upon them, shall for feit and pay a sum of not less than one hundred, nor more than five thousand dollars, for each offense, to be recovered in an action of debt in the name of the State.
Sec. XVII. That all laws militating against this Act are hereby re pealed.
Approved October 14, 1879.

14

AN ACT.

To enlarge the powers o f the R ailroad C om m ission o j Georgia, to prescribe fo r them additional duties, and fo r other purposes.

Section 1. B e it enacted by the General A ssem bly o f the State o f Georgia, That from and after the passage of this Act, it shall be the duty of the Rail road 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.

Duty to in vestigate through rates.

Sec. 2. Be it fu rth er enacted. That whenever the Railroad Commis sion 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 rail road officials in Georgia to the fact, and to urge upon them the propriety of changing such rate or rates.

Shall call attention of railroad officials to discrimina tions.

Sec. 3. B e it fu rth e r 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 Commerece Commission and appeal to it for relief.

Shall ap peal to In terstate Commission.

Sec. 4. Be it fu rth er enacted, That in all work devolving upon the Rail road Commission prescribed by this Act, they shall receive, upon applica tion, the services of the Attorney-General of this State, and he shall also represent them, whenever called upon to do so, before the Interstate Com merce Commission.

AttorneyGeneral to represent Commission.

Sec, 5. B e it fu rth er enacted, That all laws and parts of laws in con flict with this Act be, and the same are, hereby repealed.

Approved December 18, 1890.

15.

Caption of Act of Oct. 1879, Amended. By insert ing) and the location and building of passenger and freight depots."

AMENDING TITLE OF ACT.
AN ACT.
To am end an A ct entitled an A ct to provide jo r the regulation of railroads, freig h t a nd passenger ta riffs in this State; to prevent u n ju st discrim ination a nd extortion in the rates charged fo r transportation o f passengers a n d freights, a n d to prohibit R ailroad Companies, corporations a n d lessees in th is State fr o m charging other than j u s t a n d reasonable rates, a n d to p u n ish the sam e, a nd to prescribe a mode o f procedure a nd rules o f evidence in relation there to, and to appoint Commissioners, a nd to prescribe their powers a n d duties in relation to the same, approved October 14, 1879.
Section 1. Be it enacted by the General A ssem bly o f th is State, a n d it is hereby enacted by the authority o f the same, That the caption of the above recited Act be, and the same is, hereby amended as follows, to wit:
After the word tariffs in the second line, add the following words And the location and building of passenger and freight depots/' so that the whole caption of said Act will read as follows:
"An Act to provide for the regulation of railroad freight and passen ger tariffs, and the location and building of passenger and freight depots in this State; to prevent unjust discrimination in the rates charged for trans portation 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 pro cedure and rules of evidence in relation thereto, and to appoint Commis sioners, and to prescribe their powers and duties in relation to the same.
Sec. 2. B e it fu rth e r enacted, T hat all laws in conflict with the fore going be, and the same are, hereby repealed.
Approved August 51, 1891.

Penalty for violation of rules. Amending section EX of original act.

POWER TO BRING SUIT.
AN ACT.
To am end Section 719 (i) o f the Code o f Georgia o f 1882, a n d fo r other purposes. Section 1. B e it enacted by the General A ssem bly o f the Stale o f Georgia,
a n d it is hereby enacted by the same, That section 719 (i) of the Code of Geor gia of 1882 be, and the same is, amended by adding thereto the following:

16

The Commissioners shall have the power, in their discretion, to insti tute suit without notice for any violation of any of said rules or regulations, whenever, in their opinion, the circumstances authorize it, of which they shall be the sole judges, and after the institution of said suit there shall be no settlement of the same without the consent of the said Commissioners, so that said section, when amended, shall read as follows: If any railroad company doing business in this State by its agents or employees shall be guilty of a violation of the rules and regulations provided and prescribed by said Commissioners, and if, after due notice of such violation given to the prin cipal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation as may be directed by said Commismissioners, shall not be made within thirty days from the time of such no tice, such company shall incur a penalty for each offense of not less than one thousand dollars nor more than five thousand dollars, to be fixed by the presiding judge. An action for the recovery of such penalty shall be in any county in th State, where such violation has ocurred, or wrong has been perpetrated, and shall be in the name of the State of Georgia. The Commis sioners shall institute such action through the Attorney-General or Soli citor-General or such other attorney at law of this State as the said Com missioners 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 when ever, 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.

Power to institute suit with out notice,

Sec. 2. Be U enacted, That all laws and parts of laws in conflict here with are hereby repealed.

Approved October 16, 1891.

17

INSPECTION OF RAILROAD TRACKS.

AN ACT.

To give the Railroad Commission o j Georgia authority, upon com plaint made, to inspect the railroads or any railroad or any part o j any railroad in this Stale; a n d i f fo u n d in an unsafe or dangerous condition, to require the same p u t and kept in such condition a s will render travel over the same safe and expeditious; to provide a penalty jo r ja ilin g to obey the orders o j the said Commission, and jo r other purposes.

Inspection

Section 1. B e it enacted by the General A ssem bly o j the State o j Georgia,

'1

by Com-

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

reauired.

this State is hereby empowered and required upon complaint made, to ins-

ttonsun-

pect for themselves, or through an agent, the railroads or any railroad or any

i

safe, to be part Gf any railroad in this State, and if the same is found in an unsafe or



kept In safe dangerous condition, to require the same put and kept in such condition as

1

Reason-11' will render travel over the same safe and expeditious; Provided, that rea-

1

able time to sonable time be given the railroad authorities in which to accomplish the

i

Nottoaf-

work of repairs that may be required or ordered; Provided, That this Act

it^for**11- shall not limit or affect the liability of railroads in cases of damage to

damages.

person or property.

(

Sec. 2. Be it fu rth er enacted, That any railroad, failing or refusing to

i

Penalty for obey the orders of said Commission within the time allowed for said work,

<

not obey- shall be liable to a penalty of not more than five thousand dollars, to be re-

i

coverd by a suit brought in the name of the State, in which suit the Attor-

ney-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 c

where the wrong or violation occurs.

t

Sec. 3. Be it fu rth e r enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

c i:

Approved October 17, 1891. t c c t
h n
u u

tl

18

STORAGE CHARGES.

AN ACT.

To require the R ailroad C om m ission to f i x rates o f storage to be charged by R a il
road Companies in this State; to prescribe regulations fo r charging the
same, a n d to prescribe how su it shall be brought f o r overcharge, a n d to f i x
the measure o f recovery, an d fo r other purposes.
Section 1. B e it enacted by the General A ssem bly o f Georgia, That from and after the passage of this Act, power is hereby conferred on the Railroad Commission of Georgia, and they are required to fix and pre scribe a schedule of maximum rates and charges for storage of freight made and charged by Railroad Companies doing business in this State, and to fix at what time after the reception of freight at place of destination such charges for storage shall begin, with power to vary the same according to the value and character of the freight stored, the nature of the place of des tination and residence of consignee and such other facts as in their judg ment should be considered in fixing the same.

Commis sion to fix charges for storage. And when such charges shall begin. Power to vary rates.

Sec. 2. Be it fu rth er enacted, That all the provisions of the Act creating said Railroad Commission and Acts amendatory thereof, prescribing the pro cedure of said Commission in fixing freight and passenger tariffs, and hear ing complaints of carriers and shippers, and of altering and amending said tariffs, shall apply to the subject of fixing and amending rates and charges for storage, as aforesaid.

Provisions of other acts as to Railroad Commission applied.

Sec. 3. B e it fu rth er enacted, That no Railroad Company shall make or retain, directly or indirectly, any charge for storage of freight greater than that fixed by the Commission for each particular storage, nor shall they discriminate directly or indirectly by means of rebate, or any other device m such charges, between persons.

Sec. 4. Be itfu rth er 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 fail ure to pay the same.

Sec. 5. B e 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.

19

Express and Tele graph Companies to be under the control of the Com mission. For regula tion of prices. Powers over rail roads and penalties against them of force as against ex press and telegraph companies.
So far as applicable. Location of agencies. Regulation of charges only as to transporta tion and messages in this State.

TO REGULATE EXPRESS AND TELEGRAPH COMPANIES.
AN ACT.
To extend the powers o f the Railroad Commissioners so as to give then power
a nd authority to regulate charges by E xpress Com panies fo r transporta
tion; to regulate charges o f Telegraph Com panies fo r the transm ission o f
messages by telegraph or charges by persons engaged in the several busi
nesses nam ed herein; to apply the powers given to said Commissioners, by
law, over R ailroad Companies, to a ll com panies or persons, owning, con
trolling or operating a line or lines o f Express and Telegraph; and make
the penalties prescribed against railroads fo r violating Commissioners
rules a pply to the com panies a n d persons herein named, whose line or lines
is or are, wholly or in part in this State, a nd fo r other purposes.
Section 1. B e it enacted by the General A ssem bly o f the State o f Georgia, That from and after the passage of this Act, all companies or persons own ing, 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 Commis sioners 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 operat ing any line or lines of Express and Telegraph, for any service performed by such company, person or persons; and all the powers given to said Com missioners over railroads in this State, and all the penalties prescribed against Railroad Companies or persons operating railroads by existing laws; embraced in sections of the Code of 1882 from Section 719 (a) to Section 719 (p), both inclusive, are hereby declared to be of force against corporations, companies, or a person or persons, owning, controlling or operating a line or. lines of Express and Telegraph, doing business in this State, whose line or lines is or are, wholly or in part in this State, so far as said provisions of the Code can be made applicable to any corporation, company, person or persons owning, controlling or operating a line of Express and Telegraph. The said Commissioners shall also have power and authority to require said companies to locate agencies at Railroad Stations.
Sec. 2. B e it fu rth e r 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 trans portation from one point to another in this State; and messages sent by telegraph from one point to another in this State.
Sec. 3. B e it fu rth er enactedf That all laws and parts of laws in con flict with this Act be, and the same are, hereby repealed.
Approved October 21, 1891.

20

CARS FOR WHITE AND COLORED PASSENGERS. AN ACT.

To require a ll railroads doing business in this Stale to Ju rnish equal accommo dations a n d separate cars or compartment Jor white a nd colored passen gers, to require sa id com panies to J u rn ish comfortable seals a n d to suffi ciently light a n d ventilate sa id cars to provide Jor keeping white and colored passengers in their respective cars or compartments, to give conductors and an d other employees o j railroads and conductors o j dum m y, electric and street cars certain powers a n d authority over passengers, to comply with the regulations made by sa id com panies under the provisions o j th is A ct, to provide a penalty Jor the violation o j the same, a n d Jor other purposes.

Section 1. Be it enacted by the General A ssem bly o j Georgia, That from and after the passage of this Act, all railroads doing business in this State shall be required to furnish equal accommodations, in separate cars, or com partments of cars, for white and colored passengers; Provided, that this Act shall not apply to sleeping cars.

Eaual ac commoda tions in separate cars.

Sec. 2. Be it fu rth e r enacted, That all conductors or other employees in charge of such cars, shall be required to assign all passengers to their re spective cars or compartments of cars, provided by the said companies under the provisions of this Act, and all conductors of dummy, electric and street cars shall be required, and are hereby empowered, to assign all passengers to seats on the cars under their charge, so as to separate the white and colored races as much as practicable, and all conductors and other employees of rail roads, and all conductors of dummy, electric and street cars shall have, and are hereby invested with, police powers to carry out the provisions of this Act,

Employees to assign passengers their cars or compart ments.

Sec. 3. B e it further enacted, That any passenger remaining in any car or compartment or seat, other than that to which he may have been assign ed, shall be guilty of a misdemeanor, and on conviction thereof shall be pun ished as prescribed in section 4310 of the Code of 1882. Jurisdiction of such offenses shall be in the county in which the same occurs. The conductor and any and all employees on such cars are hereby clothed with power to eject from the train or car any passenger who refuses to remain in such car or compartment or seat as may be assigned to him.

Penalty for violating provisions of this act.

S ec. 4. Be it fu rth er enacted, That when a railroad car is divided into compartments, the space set apart or provided for white and colored pas sengers, respectively, may be proportioned according to the proportion of usual and ordinary travel by each on the road or line on which said cars are used.

Oars prop erly divided.

21

White and colored Pas sengers not to occupy same com partments. Oars to be comfortable, etc.
Railroad Commis sion may regulate transpor tation of freights. Shippers, require ments of.

Sec. 5. Be it fu rth e r enacted, That it shall be unlawful for the officers or employees having charge of such railroad cars to allow or permit white and colored passengers to occupy the same car or compartment, and for a violation of this section, any such officer or employee shall be guilty of a misdemeanor, and on conviction thereof shall be punished as is prescribed in section 4310 of the Code of 1882.
Sec. 6. B e it fu rth er enacted, That the provisions of this Act shall not apply to nurses or servants in attendance on their employers.
Sec. 7. Be it fu rth er enacted, That all companies operating and using compartment cars or separate cars shall furnish to the passengers comfort able 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. B e it fu rth e r enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved October 21, 1901.
PROMPT RECEIVING AND DELIVERY OF FREIGHT.
AN ACT,
To fu r th e r extend the powers o f the R ailroad C om m ission o f this State a n d to
confer upon the Comm ission the power to regulate the time a n d m anner
w ithin which the several railroads in this State shall receive, receipt fo r, fo rw ard an d deliver to its destination, all freights o f every character, which
m a y be tendered or received by them f o r transportation; to provide a penalty
fo r non-compliance with any and all reasonable rules, regulations and orders
prescribed by the said Commission in the execution o f these powers, and
fo r other purposes.
Section 1. B e it enacted by the General A ssem bly o f Georgia, a n d it is hereby enacted by authority o f the same, That from and after the passage of this Act, The Railroad Commission of this State shall be, and is, hereby vested with full power and authority to make, prescribe, and enforce all such reasonable rules, regulations and orders as may be necessary in order to compel and require the several railroad companies in this State to prompt ly 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 destina tion, to the consignee.
Sec. 2. B e it fu rth e r 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

22

or shipper to avail himself of the forfeitures or penalties prescribed by the rules and regulations of said Railroad Commission, it must first appear that such shipper or consignor made written application for said car or cars to said railroad; provided, further, that such Railroad Commission shall, by reasonable rules and regulations, provide the time within which said car or cars shall be furnished after being ordered as aforesaid, and the penalty per day per car to be paid by said railroad company in the event such car or cars are not furnished as ordered, and provided, further, that in order for any shipper or consignor to avail, himself of the penalties provided by the rules and regulations of said Railroad Commission, such shipper or con signor shall likewise be subject, under proper rules to be fixed by said Com mission, to the orders, rules and regulations of said Railroad Commission.
Sec. 5. B e it fu rth e r enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby re pealed.
Approved August 23, 1905.

LIABILITY OF RAILROADS FOR DAMAGE TO PROPERTY IN TRANSPORTATION.

AN ACT.

To provide that a n y common carrier receiving property f o r transportation be tween p o in ts wholly w ithin th is State shall be liable f o r a n y loss or damage to such property, whether caused by it or by a ny connecting carrier over whose lines such property m ay pass; also, to provide a penalty fo r the fa ilu re o f a n y common carrier to ad ju st a n d p a y w ithin a tim e specified any j u s t claim fo r loss or damage to property received fo r transportation, a nd fo r other purposes.
Section 1. B e it enacted by the General A ssem bly o f the State o f Georgia, That from and after the passage of this Act, any common carrier, railroad, or transportation company, receiving property for transportation between points wholly within this State shall issue a receipt or bill of lading there for and shall be liable to the holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad or trans portation company to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule or re gulation shall exempt such common carrier, railroad or transportation com1pany from the liability herein imposed; provided, that nothing in this sec tion shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.

Bills of lading be tween points within State.

23

Claims against Rail road com panies, penalty for failure to pay. M

Sec. 2. B e it fu rth er enacted. That every claim for loss or damage to property, or overcharge for freight, for which any common carrier may be liable shall be adjusted and paid by such common carrier within sixty days in cases of shipments wholly within this State, and within ninety days in case of shipments between points without and point 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 car rier upon whose line the loss or damage or overcharge actually occurred. In the event such claim is not adjusted and paid within the time limited the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof, and shall also be liable for a penalty of $50.00 for every such failure to adjust and pay said claim, to be recovered by the party damaged in any court of competent jurisdiction; provided that unless such claimant shall in such action recover the full amount claimed no penalty shall be recovered, but the recovery shall be limited to the actual loss or damage or overcharge with interest thereon from the date of filing said claim.
Sec. 3. B e it fu rth e r enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.
Approved August 18, 1906.

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

STATION ACCOMMODATIONS FOR PUBLIC AT NIGHT.
AN ACT.
To require all railroads operating passenger trains and taking on and pulling
off passengers, or that operate such trains at or through county-seats and towns an d cities having a population o f more than 1,000 in this Slate, to keep open a t night a t their depot stations a t such places before the arrival and departure o f said trains a lighted and comfortable room fo r the accom modation o f their passengers, and fo r other purposes.
Section 1. B e it enacted by the General A ssem bly o f Georgia, and it is hereby enacted by the authority aforesaid. That from and after the fif teenth 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 de parture, according to the schedule time for the arrival of and departure of said trains, a lighted and comfortable room, between the hours of 6 o'clock p. m. and 6 o'clock a. m. for the comfort and convenience of their passengers.
Sec. 2. B e it fu rth e r enacted by the authority aforesaid, That a failure to comply with the terms of this Act by any railroad company, shall be a misdemeanor, and said company or corporation shall, upon conviction

24

for the offense, be punished as prescribed in Section 1039 of the Criminal Code of 1895.
S ec. 3. B e it enacted, by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved August 18, 1906.

ELECTION OF RAILROAD COMMISSIONERS. AN ACT.

To provide f o r the election o f railroad com m issioners o f th is State by the elec tors o f the whole Slate, a n d f o r other purposes.

Section 1. B e it enacted by the General A ssem bly o f the State o f Georgia, and it is hereby enacted by authority of the same. That the railroad com missioners 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.

Railroad Commis sioners, election of.

Sec. 2. B e it fu rth e r enacted by the authority aforesaid, That successors to the incumbents be elected at the first general election preceding the ex* piration 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 commis sioner shall be elected to succeed the incumbent whose term will expire on the fifteenth day of October, 1907, and one commissioner shall be chosen at the general election to be held on the first Wednesday in October, 1908, to succeed the then incumbent, whose term of office will expire on the fifteenth day of October, 1909, and one commissioner shall be chosen at the general election to be held on the first Wednesday in October, 1910, to succeed the then incumbent, whose term of office will expire on October 15, 1911, and so on.

Term of office and elections. Regulations.

Sec. 3. Said election to be held under the same rules and regulations Vacancies. as now apply to the election of governor of this State.

Sec. 4. B e it fu rth e r enacted by the authority aforesaid, That in case of vacancy, causing an unexpired term, the same shall be filled by the executive appointment, 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. B e it fu rth e r 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.

25

Five Com missioners . Terms of office.

INCREASING MEMBERSHIP AND POWERS OF COMMISSION.
AN ACT.
To increase the membership o f the R ailroad Commission o f Georgia, a n d to prescribe the qualifications fo r membership; to authorize the designation o f a chairm an thereof by the Governor, a nd to prescribe his duties a nd com pensation; to revise, enlarge a nd more clearly define the powers, duties a nd rights o f said Comm ission; to authorize it to employ rate and other experts a n d to f i x their pay; to increase the printing fu n d a nd the salary o f the Sec retary o f the Commission; to employ a stenographer and f i x his pay; to extend its powers and jurisdiction over docks, and wharves, term inal com panies, cotton compress companies, corporations or persons owning, leas ing or operating railway term inals or term inal stations; over telephone or telegraphic companies or corporations or persons owning, leasing or op erating 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 o f persons owning, leasing or operating public gas plants, electric light a nd power p lants fu rn ish in g power to the public; to f i x the domicile o f the R ailroad Comm ission and prescribe what courts o f this State have jurisdiction over proceedings instituted against; it; to prescribe a nd f i x penalties a n d punishm ents fo r fa ilu re or refusal to observe a n y order, rule or regulation o f the R ailroad Com m ission, a n d to prescribe the fo rm o f procedure fo r enforcing same; to repeal sections 2195 and 2196 o f the Code o f Georgia 1895, touching penalties an d pro cedures to enforce the same fo r a violation o f the orders, rules and regula tions o f the Comm ission, to repeal sections 5 a nd 4 o f A ct approved A ugust 23, 1905, prescribing certain penalties and fo rm s o f procedure fo r enforc ing same, and fo r 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 voters of Georgia as prescribed in the Act approved August 21, 1906.
The terms of office of the two additional Commissioners, provided for in this Act, shall expire 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 Commisioners immediately after the passage and approval of this Act, but the appointees hereunder shall be commissioned only until December 1, 1908; said position to be filled for the unexpired terms by two Commis sioners to be elected at the regular general election on the first Wednes day in October, 1908.
26

In order that there may be uniformity of expiration of the terms of all the Railroad Commissioners, the terms of the present Commisioner expiring on October 15, 1909, shall be extended to December 1, 1909; the term of the present Commissioner expiring on October 15, 1911, shall be extended to December 1, 1911, and the term of the Commissioner expiring October 15, 1913, shall be extended to December 1*, 1913, their respective successors to be elected for full terms of six years each.
Sec. 2. Any person, thirty years of age, who is qualified to vote as an elector in this State, and who is not directly or indirectly interested in any mercantile business or any corporation that is controlled by or that parti cipates m the benefit of any pool combination, trust contract or arrange ment that has the effect or tends to increase the cost to the public of carnage, heat, light, power or of any commodity or merchandise sold to the public, shall be eligible to membership on said Commission, without refer ence to his experience in law or railway business.
Sec. 3. It shall be the duty of the Commission to elect from its mem bership 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.
Sec. 4. The said Railroad Commission is hereby authorized and em powered 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 ren dered under the direction of the Commission.

Qualifica tions of Commis sioners. Chairman of Board. Rate Expert.

Sec. 5. The power to determine what are just and reasonable rates and charges is vested exclusively in said Commission.

The printed reports of the Railroad Commission, published by its au thority, shall be admissible as evidence in any court in Georgia without further proof, and the schedule of rates made by the Commission, and any order passed or rule or regulation prescribed by the Commission, shall be admissible in evidence in any court in Georgia, upon the certificate of the Secretary of the Commission.

Printed re ports admis sible as evidence.

The powers and duties heretofore conferred by law upon the Railroad Commission are hereby extended and enlarged, so that its authority and control shall extend to street railroads, and street railroad corporations, com panies, or persons owning, leasing or operating street railroads in this State; provided, however, that nothing herein shall be construed to impair any valid subsisting contract now in existence between any municipality and any such company; and provided, that this Act shall not operate as a repeal of any existing municipal ordinance, nor shall it impair nor invalidate any future contract or ordinance of any municipality as to the public uses of such company, that shall receive the assent of the Railroad Commission:

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

27

Power of Commission.

over docks and wharves and corporations, companies or persons owning, leasing or operating the same; over terminals or terminal stations and cor porations, companies or persons owning, leasing or operating such; cotton compress, corporations or associations and persons or companies owning, leasing or operating the same; and over telegraph or telephone corporations, companies or persons owning, leasing or operating a public telephone ser vice 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 Railroad Commission of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law, and shall have the general supervision .of all common carriers, railroads, express cor porations, or companies, street railroads, railroad corporations or companies, dock or wharfage corporations or companies, terminal or terminal station corporations or companies, telephone and telegraph corporations or comr panies within this State, gas or electric light and power companies within this State; and while it may hear complaints, yet the Commission is autho rized 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 par ticular cases, and to require such publication by common carriers in news papers of towns through which their lines extend, of their schedules as may be reasonable and which the public convenience demands. Said Commis sion is hereby given authority to examine into the affairs of said companies and corporations and to keep informed as to their general condition, their capitalization, their franchises, and the manner in which their lines, owned, leased or controlled are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service to the public and their employees, but also with reference to, their compliance with all provisions of law, orders of the Commission, and char ter requirements. Said Commission shall have the power and authority, whenever it deems advisable, to prescribe, establish and order a uniform system of accounts to be used by railroads and other corporations over which it has jurisdiction hereunder, the same to be as far as practicable in con formity with the system of accounts prescribed by the Interstate Com merce 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 Commis sioners necessary to their work, or of value to the public. Provided, that nothing in this Act shall be so construed as to repeal or abrogate any existing

28

law or rule of the Railroad Commission as to notice or hearings to persons, railroads or other corporations interested in the rates, orders, rules or regula tions 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 pro vided 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 corporations or companies, and to that end may employ necessary experts. ,Said Commission shall have authority to prescribe rules with ref erence to spur-tracks and side-tracks, with reference to their use and con struction, removal or change, with full power to compel service to be fur nished to manufacturing plants, warehouses and similar places of business along the lines of railroads, where practicable, and in the judgment of the Commission the business is sufficient to justify and on such terms and con ditions as the commission may prescribe. It shall have power and authoriy to order and compel the operation of sufficient and proper passenger ser vice when in its judgment inefficient service is being rendered the public or any community. It shall have power and authority when in its judg ment practicable and to the interest of the public to order and compel the making and operation of physical connection between lines of railroads crossing or intersecting each other. It shall have authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses, or failure to decline to do so, if deemed unjust, in a reasonable time. It shall have power and authority to prescribe rules and penalties covering and requiring the prompt receipt, carriage and delivery of freight and the prompt furnishing of cars to shippers desiring to ship freight, and shall also be authorized to prescribe rules and penalties for the transfer of cars through yards by connecting roads. Said Commision shall have power and autho rity to order the erection of depots and stations where it deems the same nec essary, and to order the appointment and service thereat of depot or sta tion agents. The Commisioners shall also have the power and authority to regulate schedules and compel connection at junction points of compet ing lines.

Side tracks.
Passenger service. Physical connection. Overcharges and losses.
Transferring cars. Depots and Agents. Schedules.

Sec. 8. Each of the companies or corporations, over which the autho rity 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 or corporations to issue stocks, bonds, notes or other evidences of pay able 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 proerty, the construction and equipment of power plants, carsheds and the completion, extension or improvement of its facilities, or properties; or for the improvement or maintenance of its service, or for the discharge, or law ful refunding of its obligations, or 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.

Issuance of Stocks and Bonds.

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Indebtedness payable within twelve months exempted. Commis sioners reauired to treat official information confidential. Liability'of corporations.
Repeal of Sections of Code. Repeal of Sections 3 and 4. Act approved August 23, 1005.

Before issuing such stock, bonds, notes or other evidences of debt as above mentioned, such corporations or companies shall secure an order from the Commission authorizing such issue, the amount thereof, and the purpose and use for which the issue is authorized.
For the purpose of enabling the Commission to determine whether such order should be issued, it shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers documents or con tracts as it may deem advisable or necessary. Such corporations or com panies may issue notes or other evidences of indebtedness for proper cor porate purposes and not in violation of any provision of this Act, or any other law, payable at periods of not more than twelve months from date, without such consent, but no such notes or other evidences of indebtedness shall, in whole or in part, directly or indirectly, be refunded by any issue of 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 Rail road Commission who shall disclose or impart to any one, except when legally called upon by a court of competent jurisdiction, any fact, knowledge of which was obtained in his Official capacity, from or through any proceed ings filed with the said Railroad Commission under this section, shall be guilty of a misdemeanor and subject to a prosecution therefor; provided, that this shall not apply to such facts or information obtained through pub ic hearings, or such as are not confidential in their nature.
Sec. 9. In case a common carrier, or other corporation or company mentioned in this Act, shall do, cause to be done, or permit to be done, any act, matter or thing prohibited, forbidden, or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by any law of the State of Georgia, by this Act, or by an order of the Commission, such common carrier or other corporation or company shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the jury shall find that such act or omission was willful, 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 m any court of competent jurisdiction by any such person or corporation.
Sec. 10. The procedure for the enforcement of penalties for a viola tion of the orders, rules or regulations of the Railroad Commission, provided in sections 2195 aqd 2196 of the Code of Georgia of 1895, are hereby repeal ed; provided, that nothing in this Act shall be construed as to affect suits now pending for penalties or to affect penalties upon which right of action shall have accrued prior to the passage and approval of this Act.
Sec. 11. Section 3 and 4 of the Act approved August 23, 1905, conferr ing upon the Commission the power to regulate the time and manner with in which the several railroads of the State shall receive, receipt for, forward

30

and deliver to its destination freight, the said sections applying to penalties placed upon said railroad companies, providing penalties for the violation of rules, orders and regulations established by the Railroad Commission with reference to same, and providing a procedure to enforce said penalties be, and the same are hereby repealed, and the penalties prescribed by this Act, and the procedure to enforce the same are made applicable to any and all violations of the rules, orders and regulations established by the Com mission.

Sec. 12. Every common carrier, railroad, street railroad, railroad cor poration, street railroad corporation, express, telephone, telegraph, dock, wharfage and terminal company or corporation within this 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 comply with every order made by the Commission under this Act or under authority of Acts heretofore passed. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage or terminal company, or corporation, cotton compress companies, within this State, and other corporations, com panies or persons coming under the provisions of this Act, which shall vio late 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, direc tion 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 viola tion of the provisions of this Act, or of any preceding Act, or of any such order, direction or requirement of the Railroad Commission shall be a sepa rate and distinct offense, and in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct of fense. An action for the recovry of such penalty may be brought in the county of the principal office of such corporation or company in this State, or in the county of the State where such violation has occurred, and wrong shall be perpetrated, or in any county in this State through which said cor poration or company operates, or where the violation consists of an exces sive 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 con tinued or disposed of. The decision in such case may be taken to the Su preme Court as no\y provided in case of the grant or refusal of injunctions by judges of the superior courts.

Penalty for vio lations of Rules and Orders of Oo mmission. How action to recover penalties may be brought.

31

Punishment for aiding or abetting vio lations.
Officers ap proving or directing violations. Domicile of Commission. Contingent and Printing Funds. Attorney to Commission.

Sec. 13. Every officer, agent, or employee of any such common carrier, corporation or company who shall violate, or procures, aids or abets any vio lation by any such common carrier or corporation or company of any provison of this Act, or which shall fail to obey, observe, or comply with an any order of the Commission, or any provision of any order of the Commis sion, or who procures, aids or abets any such common carrier, or corporation or company in its failure to obey, observe and comply with any such order, direction or provision shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of the Penal Code of 1895, and shall be subject to prosecution in any county in Georgia in which said common carrier or corporation or company or officer, agent or employee violates the provisions of this Act, or any provisions of any order of the Commission, or in any county through which said corporation operates.
Any officer, agent or employee shall also be subject to indictment under the provisions of this section, in any county in which a subordinate agent or employee of the company violates the provisions of this Act, by the ap proval, or direction, or in consequence of the approval or direction of such offiicer, agent or employee; and the agent, or employee, who locally in any county violates the rules or directions of said Commission in pursuance of the direction or authority of his superior officer or agent of said company may be called as a witness, and be compelled to testify, showing the authority by which he acted, and such testimony shall not be used against such sub ordinate 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 here by fixed at the capitol of the State in Atlanta, Fulton county, and no court of this State other than those of Fulton county, shall have or take juris diction in any suit or proceeding brought or instituted against said Com mission, 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 sup plies, furniture, postage, stationery, traveling and other actual expenses of any Commissioner incurred by order of the Commission in the discharge of his duties, etc., the said sum or so much thereof as may be necessary to be paid out of the State Treasury on the order of the Governor. The salary of the secretary of the Railroad Commission is hereby fixed at $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.-
Sec. 16. The office of attorney to the Railroad Commission is hereby created, and the Governor is hereby authorized to appoint said attorney, whose term of office shall be for four years and until his successor is quali fied, and who shall receive a salary of $2,500 a year; which said attorney may be removed by the Governor at any time.

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Sec. 17. That all laws and parts of laws in conflict with this Act, or any provision thereof, be, and the same are, hereby repealed.
Approved August 22, 1907.

Repealing Section.

AN ACT.

To require railroad com panies to fu r n is h proper a n d necessary cars fo r the trans
portation o f peaches, cantaloupes, the railroad companies liable when they
f a i l to do so; to prescribe the term s under which they shall be fu rn ish e d ; to
make the railroad com panies liable when they f a i l to do so; to prescribe
rule a n d measure o f damages fo r fa ilu re to fu r n is h cars, a n d to prescribe
penalties fo r shippers who order cars a nd f a i l to use them, a n d fo r other
purposes.
S ection 1 . B e it enacted by the General A ssem bly o f Georgia, and it is hereby enacted by authority of the same.
That it shall be the duty of the railroad companies of this State to fur nish to any grower or growers of peaches, apples, cantaloupes, watermelons, or other perishable products, suitable icing and refrigerator cars, or other suitable cars for the transportation of such products, whenever application is made 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 ship ment is to be made, and it shall state the time and place from which ship ment is desired.
S ec. 2. Be it fu rth er enacted, That whenever any railroad company shall fail to furnish such icing and refrigerator cars as required in section 1 of this Act, and the shipper places his product in carload lots; or in cases of less than carload lots expresses to the agents of the railroad company his willingness to pay charges for carload lots; then such railroad company shall be liable for the market value of such product with interest thereon. The market value to be determined by the market value of the product less the cost of carriage and the usual expense of selling in the market to which the shipper intended shipping same on the day such product would have arrived, had the same been carried in the usual-------------------- of transpor tation on schedule time for such freight. In order to avail himself of this rule of damage, the shipper shall in writing notify the agent of the railroad company of the market to which he intended to ship his product. Payment shall be made by the railroad company for such product within thirty days after written claim has been filed with the company therefor. In the event that such railroad company shall fail to make payment as herein provided, or tender the correct amount therefor, it shall be liable for an additional fixed sum of fifty dollars for each car as liquidated damages for failure to perform its duty in the premises; such liquidated damages to be recovered in any cause brought for the recovery of damages on the main claim in the event recovery is had thereon.

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Railroad Commission; Powers of
Experts employed. Spur tracks.
Regulation of passenger service. Commission, maybe required. Overcharges, etc., ad justed.

Sec. 3. Be ii ju rlh er enacted, That in the event the shipper fails or re fuses to accept such car or cars, when furnished under condition and as here in required, he shall be liable to the railroad company for the sum of ten dollars per car, and the cost of the first or initial icing, in the event that the same is iced, and should he fail or refuse to pay same within thirty days after written demand therefor, shall be liable for twenty dollars instead of ten as herein fixed, together with cost of icing, and judgment may be ren dered for said sums by any court having jurisdiction of the cause.
Approved August 22, 1907.
POWERS OF COMMISSION. AMENDMENT TO ACT OF 1907.
AN ACT.
To am end "A n A ct to increase the membership o f the Railroad Comm ission
o j Georgia, a n d to prescribe the qualifications Jor m embership," etc., a p
proved A ugust 13, 1907.
Sec. 1. Be it enacted by the General A ssem bly o j the Stale o j Georgia, a n d it is hereby enacted by the authority o j the same, That an Act approved August 23, 1907, entitled "An Act to Increase the Membership of the Rail road Commission of the State of Georgia, and to Prescribe the Qualifica tions for Membership," etc., be, and the same is, hereby amended by adding after the word "other" in the nineteenth line of section 7 of said Act the following: "Or entering the same incorporated town or city within this State, so that said section as amended shall read as follows: Be it further enacted, That the railroad commission shall have authority to ascertain the cost of construction and the present value of properties in Georgia owned by said corporations, or companies, and to that end, may employ necessary experts. Said commission shall have authority to prescribe rules with ref erence to spur tracks and said tracks, with reference to their use and con struction, removal or change, with full power to compel service to be fur nished 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 con ditions as the commission may prescribe.
It shall have power and authority to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community. It shall have power and authority, when in its judgment practicable and to the in terest of the public, to order and compel the making and operation of phy sical connection between lines of railroads crossing or intersecting each other, or entering the same incorporated town or city within this State. It shall have authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses or failures to decline to do so, if deemed unjust in a reasonable time. It shall have power and authority to prescribe rules and penalties covering and requiring the prompt receipt, carriage, and

34

delivery of freight, the prompt furnishing of cars to shippers desiring to ship freight, and shall also be authorized to prescribe rules and penalties for the transfer of cars through yards by connecting roads. Said commis sion shall have power and authority to order the erection of depots and sta tions where it deems the same necessary, and to order the appointment and service thereat of depot or station agents. The commission shall have the power and authority to regulate schedules and compel connections at junc tion points of competing lines/'

Freight carriage of etc., regu lated. Depots. Schedules.

Sec. 2. B e it fu rth e r 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.

FREE PASSES ON STREET CARS FOR POLICEMEN AND OTHER
EMPLOYEES.
AN ACT.
To perm it the street railroads to grant free passes to members o f the police, sani
tary, water and fire departments, a nd the marshals and their deputies and
county officers in the cities o f the State o f Georgia.
Section 1. B e it enacted by the General A ssem bly o f Georgia, a n d it is hereby enacted by the authority o f the same, That it shall not be unlawful for any street railway company of this State to issue free transportation to the members of the police-force and fire, sanitary and water departments and 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 individual members of such police and fire depart ments any transportation or other special privileges not participated in by all of the members thereof on like terms and under like conditions, and pro vided further, that all such grants or concessions shall be made to the govern ing authority of such city for, and in behalf of the members of such police force and fire, sanitary and water departments, and formally accepted by such authority.
Sec. 2. B e it fu r th e r enacted by the authority o f the General A ssem bly, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved August 11, 1909.

35

Railroads must sell tickets of connecting roads. At rate fixed by Railroad Commission, Etc. Unlawful to refuse to check bag gage over connecting lines. Unlawful to refuse to put tickets on sale with agents of connecting lines.

COMMON CARRIERS, PASSES TO FORMER EMPLOYEES AND
OTHERS.
AN ACT.
To allow common carriers to grant passes to form er employees under certain
conditions, and fo r other purposes.
Section 1. Be it enacted by the General A ssem bly o f the State o f 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 company 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 company under a system of pensioning or similar system, such passages to be good only for intra-state passage.
Sec. 2. B e it fu rth e r 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 fu rth er carry into effect paragraph 1 o f Section 2 o f Article 4 o f the Constitu
tion o f the State, and to prevent u n ju st discrim ination on the part o f any
railroad operated within or partly within this State against any other rail
road company within this State.
Section 7. Be it enacted by the General A ssem bly o f the State o f Georgia, That from and after the passage of this Act, it shall be unlawful for any rail road company having an office or agency within the State of Georgia to re fuse to put on sale, or refuse to sell, any ticket of any other railroad com pany, with which the same may be directly or indirectly connected, at the price or rate fixed by the Railroad Commision of this State'for passage over lines of such connecting roads, less such amount as may be directed, to be deducted from such rate by any one or more of said connecting lines; and it shall be unlawful after the sale of such ticket, to refuse to issue check or checks for baggage over such connecting lines, and upon such tickets to the extent that the baggage may be allowed to be checked under the ordinary rules and regulations of said companies.
Sec. 2. Be it fu rth er enacted, That it shall be unlawful for any railroad company operating or doing business wholly or partly within this State to refuse to put on sale with the agents of any other railroad company, where with it may be directly or indirectly connected, tickets for any point upon its lines of road, or to refuse to receive, such tickets for passage over its lines, or to refuse to receive and transport baggage which may be checked upon

36

said tickets so sold; provided, that any railroad company so placing its tickets upon sale with any other railroad company may demand a reasonable de posit of money, or other reasonable security, to 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 by reason of the amounts received from the sale of such tickets.
Sec. 3. B e it Ju.rth.er enacted, That for every violation of any of the provisons of this Act, the railroad company, who shall by itself or its agents, be guilty of such violation, shall be subject to a penalty on 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 ju rlh er enacted, That all laws in conflict with this Act be, and the same are, hereby repealed.
Approved October 15, 1891.

Or to refuse to receive tickets, or check bag gage. Proviso.
Penalty for violating this Act.

REQUIRING COMMON CARRIERS TO TRACE FREIGHTS, ETC; AN ACT.
To require common carriers, over which fre ig h t has been sh ip p ed a n d has been
lost, damaged or destroyed, to fu rn ish to the shipper, consignee or their
assigns, within thirty days after application, the necessary information
to establish upon which line or connecting line o f common carriers said
loss, damage or destruction occurred, a n d in default, to render the carrier
to which application was made liable fo r said loss, damage or destruction,
and fo r other purposes.
S ection 1. B e it enacted by the General A ssem bly o f the State o f Georgia, That from and after the passage of this Act, 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 car rier 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, damag ed 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 estab lished.
Sec. 2. Be it fu rth er 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 valu?

Carriers upon appli cation must trace freight. Penalty for failure.

37

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. B e it fu rth e r enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved October 16, 1891.

Change of name.
Employment Experts. En gineers. etc. Hearings to be held at different points In State.

AN ACT.
To change the name o f the Railroad Comm ission o f Georgia, to the Georgia P ub
lic Service Comm ission, to revise, enlarge a n d define the duties a n d powers
of, what shall, a fte r the passage o f th is A c t be know n a s the Georgia Public
Service Com m ission to provide a fe e to be collected fr o m a ll public utilities
com panies fo r the 'maintenance o f said Commission; to give said Commis
sion authority to em ploy such experts, clerks, statisticians, engineers, sec
retary a n d such other help, a s in the opinion o f the Com m ission m a y be
necessary a nd to f i x the compensation o f each; to provide rules o f procedure,
and fo r other purposes.
Section L B e it enacted by the General A ssem bly o f the State o f Georgia a n d it is hereby enacted by authority o f the same, That from and after the pas sage and 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 Commission 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 con tinued, heard and determined by and in the name of the Georgia Public Service Commission; and that no rights, privileges, immunities or appro priations granted to or made in behalf of the Railroad Commission of Geor gia 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.
Sec. 2. The Commission shall have power to employ during its pleas ure, such officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it may deem necessary to carry out the provisions of this Act, or to 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 Commission at such sum as it may deem rea sonable and proper.
Sec. 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

38

not be bound by the strict technical rules of pleading and evidence, but it may exercise such discretion as will facilitate its efforts 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.

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

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

Records kept.

shall be taken down by the official Reporter appointed by the Commission.

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

Deposition of witnesses

Sec. 6. There shall be paid by all public service corporations, or util ities, subject to the jurisdiction of the Public Service Commission, a special fee in addition to those now required by law. Such fee shall be fixed by the Comptroller General of Georgia upon each of such public service corpora tions or utilities according to the value of its property, as ascertained by the last preceding State Tax assessment, and shall be apportioned, among such public service corporations or utilties, upon the basis of such valua tion, 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 Comptroller 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 be fore the 20th day of January as above provided; such sum of Seventy Thou sand ($70,000.00) Dollars, or so much thereof as may be necessary is hereis hereby appropriated and set aside for the purpose of paying the salaries, compensation costs and expense of the Public Service Commission, its mem bers and employees, and the Public Utility Counsel above provided, and no other sum shall be appropriated therefor.

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

In case of default in payment by any Public Service Corporation, Com pany, or person of such fee as provided in this section, the Comptroller Gen eral shall proceed to collect the same in the same manner as franchise taxes are now collected.
Sec. 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 appoint ment shall continue as heretofore, except that the Special Attorney's salary

Payment of salaries.

39

Special fund for opera tion of Commission.

shall be four thousand ($4,000.00) Dollars per year. All officers, experts, , engineers, statisticians, accountants, inspectors, clerks and employees of the Commission shall receive such compensation as may be fixed by the Com mission and the salaries as fixed by the Commission for the officers, experts, engineers, statisticians, accountants, inspectors, clerks and other employ ees 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 in curred while on business of the Commission, shall be paid from the funds provided for the use of the Commission, after being approved by the Com mission.
The funds assessed and collected as hereinbefore provided for shall be specially designated as the Public Service Commission Fund, and shall be expended only and exclusively as herein provided and directed.
Sec. 8. B e it fu rth e r enacted by the authority aforesaid. That all laws in conflict with the provisions of this Act be, and the same are hereby re pealed.
Approved August 21, 1922.

40

GENERAL RULES

RULE 1..

The word' Company," as used and intended by any and all of the rules and regulations of the Commision, shall be deemed and taken to mean and include all corporations, companies, firms and persons that may now be en gaged, or that may hereafter become -engaged, in performing for hire any service to the public that is now, or that shall hereafter be, subject by law to the jurisdiction or control of the Commission.

Definition of the word "Company."

RULE 2,

The several companies, in the conduct of their intra-state business, shall afford to all persons equal facilities in the conduct of such business, with out unjust discrimination in favor of, or against, any; and wherever special facilities are afforded to one patron, whether upon a special rate authorized by this Commission or otherwise, such company shall be bound to afford to any other patron, or patrons, under substantially similar circumstances, like facilities upon like rates.
The rate charged for any service, by any company, shall be bona fide and public; and the giving of any rebate, bonus or "draw-back" is hereby expressly forbidden.

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

RULE 3.

All of the rates prescribed by the Commission are maximum rates, which shall not be exceeded by any company.
Any company may charge less than the prescribed maximum rate, provided that, if a less rates be charged to one person, such company shall, for a like service, charge the same lessened rate to all persons, exept as may be hereafter provided; and if any company shall reduce any of its rates to or from one agency or station, it shall, except in cases where otherwise specially provided by the Commission, make a reduction of the same percentage to and from all other stations on its line, to the end that no unjust discrimina tion be made in favor of, nor against, any person, persons or locality.

Bates of Commission are maxi mum rates. Rates may be reduced below-maximum pro vided no discrimina tion is made

RULE 4.

Each company shall keep conspicuously posted at all of its stations, offices and agencies in Georgia, a copy of the schedule or schedules of rates prescribed by the Commission for the government of such company.
When any change is made in such schedule, either by such company
41

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

Advances and reductions. Notice of
Special rates must be approved by Commission.
Long lines allowed to meet short lines rates. Rates for short-dis tance not to exceed long distance. Georgia Points may be put on eauality with points in other States. Rates apply in both directions. Duty to accept and transport goods.

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.
No advance in any rate, whether it be a maximum rate, or otherwise, shall be made without the consent of this Commission first being obtained, nor shall such advance become effective until ten days thereafter; and no reduction in any rate shall become effective until three days, after notice has been given, as above required.
RULE 5.
All special rates, made by any company for any service to be rendered, shall first be submitted to and approved by the Commission before being put in effect.
RULE 6.
If between any two points in Georgia, there are two or more routes, whether composed of the lines of one or more companies, the rate for any service via any of such routes, between such points, may be reduced to cor respond 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 car riage of freight, between any two points by any railroad, or connecting line of railroad, a relative reduction shall be made to all intermediate points, where conditions and circumstances are substantially similar.
Any rate, to or from any Georgia point, may be so reduced as to place such Georgia point on an equality with any competitive point in another State, without making any reduction in rates to or from other stations not similarly situated, with respect to such competitive rates.
RULE 7.
All rates effective in this State, except in cases otherwise specified, shall apply in either direction, over the same line, between the same points.
RULE 8.
It ghflll be the duty of any company to accept for transportation any goods the carriage of which, by such company, is reasonably safe and prac ticable, and to transport the same by the first train practicable; provided, however, that carriers will not be required to accept for transportation the following articles:

42

^ Bank Bills; Coin or Currency; Deeds, Drafts, Notes or Valuable Papers any kind; Jewelry, Postage or Revenue Stamps; Precious Metals or ar
ticles manufactured 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.
If any company shall fail to make the necessary change of money to enable it to collect such exact amount, then the next lower amount ending in 5 or 0 shall be charged.

Exact charge may be collected.

RULE 10.
All just claims for overcharge and loss shall be paid within thirty days after claim, supported by proper papers, is made therefor, Claims for loss shall be paid by the company at fault, but claims for overcharge shall be paid by the company which collected same, and through the office or agency by which the same was collected, regardless of any division or ap portionment of such total charge with any other line.

Claims for overcharge and loss.

RULE 11.
Each railroad company shall file in the office of the Commission on or before the last day of each month, a report, duly sworn to, showing the earnings and expenses of such company during the month preceding.
Each railroad, terminal, express and telegraph company shall file in the office of the Commission on or before the first day of April of each year a report, duly sworn to, and for the fiscal year ending December 31st, im mediately preceding.
Each compress company shall file in the office of the Commission on or before the fifteenth day of October of each year a report for the fiscal year ending August 31st, immediately preceding.
Each street railroad, power, gas, telephone and electric light company shall file in the office of the Commission on or before the fifteenth day of March of each year a report for the fiscal year ending December 31st, im mediately preceding.
All of said reports shall be rendered on, and in accordance with, the printed forms that the Commission will prescribe and furnish for that pur pose.
In addition to the foregoing, each of such companies shall furnish such other reports and information as the Commission may require from time to time.
Furthermore, it shall be the duty of each of said companies to produce for the inspection of the Commission any and all books, papers, contracts, agreements and other original records, of any character whatsoever, that

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

43

may be in possession of said company, or within its power, custody or con trol, or copies thereof, as may be demanded and designated by the Commis sion.

How to bring Complaints: Buies of procedure. Giving notice to interested parties. Arguments may be made either in person or writing.
Commission reserves the right to modify rules of-procedure.

RULE 12.
All complaints made to the Georgia Public Services Commission, of alleged grievances, must plainly and distinctly state the grounds of complaint, the items being numbered, and objections all being set forth in writing.
Both in cases of complaints, and when the Commission initiates action, notice shall be given to the persons or corporations interested in, or affected thereby, ten days before the hearing except in cases for the fixing of joint rates, when thirty days* notice shall be given and shall give to such persons or companies an opportunity to be heard.
In like manner, all defenses must be distinctly made in writing, and the items correspondingly numbered, as above stated.
These specifications, whether of complaint or of defense, may be ac companied, if the parties so desire, by any explanation or argument, or by any suggestion, touching the proper remedy or policy. The parties may also be heard in person, or by attorney or by written argument, upon such written statements being first filed.
Upon the hearing of all cases that may come on to be heard before the Commission, the respective parties may present their testimony, either written or oral, or by affidavits. All affidavits intended to be offered by either party shall be served upon the opposite party, his counsel or agent having control of the case, at least three days, and all counter affidavits at least twelve hours before the date set for their hearing.
This rule of procedure and of evidence, except as to notice of hearing above provided, may in any, and all, instances be varied or relaxed when in the exercise of a sound discretion this Commission shall be of the opinion that a departure from the letter thereof may be necessary to the attainment of substantial justice; due care being taken in every instance to guard against any injurious surprises.

Bight re served to suspend or modify any regulation.

RULE 13.
The Commission reserves the right to suspend or modify, at its dis cretion the enforcement of any of its rules, rates, orders or other regulations, where in its opinion, the conditions are such, in any particular instance, that a strict enforcement of such rules, or other regulations, would result in hard ships or injustice.

44

PASSENGER RULES

RULE 1.

Each railroad company in Georgia may charge for the transportation of passengers between points in this State the maximum rates prescribed for such railroad by this Commission; and in every instance the rates for children over five years, `and under twelve years of age, shall be not overone-half of the maximum rate prescribed for adults.
Provided, That any railroad company may collect no more than ten cents as a minimum charge, for a full or half rate, between regular stations, when the actual fare would be less than that amount.

Rates pre scribed are maximum rates. Low rates for children. Minimum fare of ten cents allowed.

RULE 2.

RULE NO. 2 (AMENDED).

Effective on and after November 1st, 1923, Passenger Rule No. 2 has been amended as follows:

"At all places, where, by the exercise of reasonable diligence, the re Tickets

quisite tickets may be purchased, it shall be the duty of all persons to pro

should be purchased.

vide themselves therewith, before boarding trains as passengers.

"If, at such a place, a person shall board a train, and has for want of reasonable diligence on his part, failed to supply himself with the requisite ticket, the railroad company may collect for each mile that may be traveled by such person without the requisite ticket, in addition to the maximum prescribed rate, as follows:

Extra charge unless tickets are purchased.

"For a passenger over five, and under twelve years of age, one-half of one cent. For a passenger twelve years of age, and over one cent.

"Except that the Alabama Great Southern Railroad Company, At lanta, Birmingham & Coast Railway Company, Atlantic Coast Line Rail road Company, Atlanta & West Point Rail Road Company, Central of Geor gia Railway Company, Charleston & Western Carolina Railway Company, Georgia Railroad, Georgia, Southern & Florida Railroad Company, Hart well Railroad Company, Lexington Terminal Railroad Company, Louisville & Nashville Railroad Company, Monroe Railroad Company, Nashville, Chattanooga & St. Louis Railway Company (Western and Atlantic Railroad), Seaboard Air Line Railway Company, and Southern Railway Company, may charge a maximum penalty of 15c per passenger, regardless of the dis tance traveled, in addition to the maximum prescribed rate authorized, should a ticket have been purchased/'

Exceptions.

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Baggage allowed. Excess bag gage rates.

RULE 3.
The payment of the fare between any given points in Georgia shall entitle the passenger to the transportation of at least one hundred and fifty pounds of baggage, in the same direction between those points, without extra charge.
For the transportation of baggage that may be in excess of one hundred and fifty pounds, between points in this State, the following excess baggage rates may be collected, viz.:

EXCESS BAGGAGE TARIFF.

For all Baggage Over 150 pounds.

For 20 miles and under ...

For 30 cents and over 20

" 40 " " " 30..

" 60 " " " 40..

" 70 " " 1 60..

" 80 p " " 70..

" 90 " " 80..

" 100 " " " 90..

" 110 " 1 * 100..

" 120 " " i 110..

" 130 " " " 120.

" 140 " I " 130.

" 150 " M " 140..

" 160 " " 4 150.

ooi--^'

" 170 " " 180 " 170

" 190 " " " 180. ` 200 * 7 190.

" 210 " " " 200.

" 220 " " 1 210.

" 230 " " " 220.

" 240 7 " 230.

" 260 g " " 240.

" 290 " " " 260.

" 320 " " " 290

" 350 " " " 320.

" 400 I " " 350

1 450 I "

400.

10 cents per 100 pounds

15 "

20 "

25 f

30 "

"

35

40 "

45 |

50 |

55 "

55 "

"

60 |

65 "

70 "

75 "

80 "

85 "

90 "

95 *

1.00 "

1.05 "

1.10 "

1.15 "

1.20 "

1.25 "

1.30 I

1.35 "

1.40 "

Minimum excess baggage charge 10 cents.

N ote.--The above Tariff is subject to the provisions of Freight Rule No. One of the Commission.

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Where baggage is transported on a passenger ticket which for any reason is not used by the holder for personal transportation, and application for re fund is made, the carrier shall, if such ticket shows baggage checked, charge for the transportation of such baggage only on the total weight thereof, not exceeding double the excess baggage rates per 100 pounds above shown, and the difference between this sum and the original price paid for the passenger ticket plus any excess baggage charge made, shall be refunded.

Charge oi transporting baggage which is unaccompained by passenger.

RULE 3A.

No common carrier shall be required to accept for transportation as

baggage, within this State, under the provisions of Rule 3, any piece of bag

gage the greatest dimensions of which exceeds seventy-two (72) inches.

Provided, that this rule shall not apply to immigrant baggage checked at

port of landing, whips in flexible cases, and public entertainment parapher

nalia :

-

.

No common carrier shall be required to accept for transportation as baggage within this State, under the provisions of Rule 3, any trunk or other rigid container, having more than two bulging sides, or with two bulging sides not opposite to each other.

No common carrier shall be required to accept for transportation as baggage, within this State, under the provisions of Rule 3, whips in flexible cases which exceed ninety (90) inches in length, or twelve (12) inches in diameter at the base, or one hundred (100) pounds in weight.

Subject to the provisions of Rule 3, any common carrier within this State may charge for any piece of baggage (except immigrant baggage check ed at port of landing, whips in flexible cases, and public entertainment para phernalia), any dimension of which exceeds forty-five (45) inches, an addiional sum for each additional inch equal to the charge for five (5) pounds of excess weight, gable or dome shaped ends, or similar protuberances, to be included in the measurements.

Dimensions of baggage to be checked free.

RULE 4.

All railroad, depot or terminal companies in this State, shall receive at all stations where they have agents all baggage, proper for transportation, presented by prospective passengers, or their agents, and issue on demand a claim check for the same, and upon presentation by the holder of such claim check with transportation, said company shall issue train checks.

Must receive baggage and issue claim checks.

RULE 5.

Where baggage received by companies as provided for by Rule 4 is not checked within twenty-four hours after being so received, or where bag gage is allowed to remain unclaimed at destination more than twenty-four hours after arrival of train transporting same, such companies are authoriz ed to charge twenty-five cents for storage of the same for each separate twentyfour hours, or fraction thereof, after the expiration of said twenty-four hours. --Sunday and legal holidays excepted.

Storage charges.

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RULE 6.

Faggage must be checked 15 minutes be fore train leaves.

Railroad companies shall not be required to send any^baggage on any train unless the baggage shall have been checked fifteen minutes before the departure of the train.
RULE 7.

Excursion rates ex empted.

Nothing in the rules of this Commission shall be construed as placing any restriction upon the privilege of railroad companies to make special rates for excursions or for any other special occasion.

RULE 8.

Must sell tickets at depots.

All of the various kinds of tickets that may*be on sale at any and all other offices of a given railroad company, in any given town or city, shall likewise be kept on sale at the depot ticket-office of such railroad company in such town or city, at the same prices.

RULE 9.

Comfortable cars and wait ing-rooms.

All passenger waiting rooms and passenger cars in use by railroads in this State shall be kept supplied with drinking-water, and shall be so lighted, heated, ventilated and equipped as to render occupants of the same rea sonably comfortable, the circumstances of each case being considered.

All passenger waiting-rooms at junction points and passenger-cars in use by railroads in this State shall be kept supplied with suitable, sanitary or sterilized drinking-cups, which shall be placed or kept so as to be at all times easily accessible to passengers, and may be supplied from a dispensing or vending machine, and for each a charge of not exceeding one cent may be made by the railroad company whose duty it is made to supply the same.

RULE 10.

Waiting rooms to be opened before arrival of trains.

"At junction points railroad companies shall be required to open their depot ticket offices and waiting rooms for the accommodation of the travel ing public at least thirty minutes before the schedule time for the arrival of all passenger trains scheduled to stop at such junction points:

At nonjunc tion stations.

At all stations located in county seats and towns and cities having a population, according to the most recently published national census, of more than one thousand inhabitants offices and waiting rooms shall be open during the period that the freight station is required to be open as provided for in Freight Rule No. 25 for at,least thirty minutes before the scheduled time for the arrival of all passenger trains scheduled to stop at such stations. And at all such stations, between the hours of six o'clock P. M. and six o' clock A. M., railroads shall provide, for the comfort and convenience of their passengers, a lighted and comfortable waiting room, which shall be open at least one hour before the scheduled arrival and one-half hour after the actual departure of all passenger trains scheduled to stop at such sta
tions :

48

At all other stations located in cities arid towns having a population, according to the most recently published national census, of less than one thousand inhabitants ticket offices shall only be required to be open during the period that the freight station is required to be open, as provided for in Freight Rule No. 25. Waiting rooms, however, at such stations shall be kept open, lighted and heated when necessary until ten o'clock P. M. for the convenience of passengers arriving or departing on trains scheduled to arrive and stop at such stations before that hour:

Provided, however, that at any station at which a railroad company may have employed a telegraph operator on duty during hours other than those prescribed by Freight Rule No. 25 for the opening and closing of freight stations, both ticket offices and waiting rooms at such points shall be open during the period such operator may be on duty, for the accommodation of passengers, at least thirty minutes before the scheduled arrival of all trains scheduled to stop at such station's.

Where under the provisions of this rule a ticket office is not open nor an agent on duty upon the arrival of a passenger train, it shall be the duty of the railroad company to make adequate and convenient arrangements for the checking of baggage and its loading on or discharge from baggage coaches."

RULE 11.

Whenever any passenger-train on any railroad in this State shall be more than one-half of one hour behind its schedule time, it shall be the duty of said railroad to bulletin, and to keep posted at each of its telegraph sta tions along its line, between such delayed train and its destination, notice of the time such train is behind schedule time, and the time of its arrival at such stations, as nearly as can be approximated.

Delayed trains must be bulletined.

RULE 12.

Whenever there is, by reason of accident or otherwise, a break or ob struction on the line of any railroad company in this State that will probably delay any passenger-train on said railroad, it shall be the duty of said rail road company to cause notice thereof to be bulletined at all stations, at and between such passenger-train and the place so obstructed; and said railroad company shall cause notice of such obstruction and the delay that will pro bably be caused thereby, to be given to the passengers aboard such trains, before the same shall leave such stations.

Notice to be given of obstructions.

RULE 13.

All passenger trains operated in this State shall, at all stations where such trains stop, either upon flag or regular schedule, be brought to a stand still with such relation to the waiting rooms of the station building or other passenger facilities at said station, as will render egress from and ingress to said trains most practicable and convenient for the passengers, without reference to the convenient handling of baggage or other freight.

Convenient Stopping of passenger trains.

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Guns on pas senger trains.

RULE 14.
No person shall be permitted to board a train, or enter a car in which passengers ride, in this State, with a loaded gun, and all breech-loading guns shall be unbreeched on boarding such train or entering such car.
Conductors of railway trains are authorized to see to the enforcement of this rule, and failure on the part of any passenger to comply with the terms hereof shall be cause for ejecting such passenger from the train.

Careful handling of baggage.

RULE 15.
At all stations in this State where baggage trucks are provided, all trunks and other personal baggage shall be unloaded from baggage cars onto said baggage trucks, and baggage handled with all reasonable care, the dropping of same from car door, platforms or trucks, or other rough handling of baggage, being-expressly forbidden.
Provided; That the handling of baggage by hand from cars to depot platforms, or other customary places of depositing baggage in such careful manner as will not damage same, will be a compliance with this rule.

H alf fare for Confederate Veterans.