To present the LEGAL ASPECT of the matter, the supplement will contain such portions of the Constitution of the United States, and of the Constitution of Georgia, as are applicable to the general subject of the right of railroad regulation by law, and its proper limits; also, the general laws of the State on the same subject, or references to them; also, references to other cases, and the full text of Justice Woods' decision in the Tilley case, with briefs of the arguments of counsel.

Concerning the CONDITION AND OPERATION OF THE RAILROADS, it will contain a MAP, brought up to date, and as much statistical information as possible. When once the SYSTEM OF REPORTS is fairly in operation, this will be of a far more satisfactory character, we think, than was ever heretofore attainable.

excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.

23. The legislative, judicial and executive powers shall forever remain separate and distinct, d no person discharging the du..... one, at the same time, exer

e the oth

In regard to < of THE COMMISSION, it will contain some added matter; including a CLEAN SHEET to date, with the substance of all circulars, etc.; so as to incorporate all the needful information in one paper, without reference to anything outside. Also, an explanation of the Book-keeping Forms.

After all this, will come suggestions as to NEEDFUL LEGISLATION; properly delayed to the last for obvious reasons, viz: that these suggestions may be made in the light of all information, legal or statistical, concerning the operations of the roads, and the action of the Commission; and that we may be guided by these principles and facts in our recommendations, and the Legislature, in its deliberation and action.

EXTRACTS

FROM THE

CONSTITUTION OF THE UNITED STATES

AND THE

CONSTITUTION OF THE STATE OF GEORGIA,

RELATING TO RAILROADS,

Together with the General Laws concerning Railroads, and the Law
Creating a Railroad Commission.

CONSTITUTION OF THE UNITED STATES. Article 1, sec. 8, par. 3—The Congress shall have power

re-examined in any court of the United States, than according to the rules of the common law.

Article 11. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of an

foreign State.

To regulate commerce with foreign nations and among the several States, and with the Indian tribes. Sec. 10-1. No State shall pass any law im- other State, or by citizens or subjects of any pairing the obligation of contracts. AMENDMENTS to the Constitution— Article 7. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise

Article 14, part of sec. 1. Nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

ATIC

ation is a

such corporation shall thereafter hold its charter subject to this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter, and shall bring the same under the provisions of this Constitution: Provided, that this

Section I-1. The rig sovereign right—inalienable, indestructible—-is the life of the State, and rightfully belongs to the people in all republican governments-and neither the General Assembly, nor any, nor all other departments of the Government estab-section shall not extend to any amendment for lished by this Constitution, shall ever have the the purpose of allowing any existing road to authority to irrevocably give, grant, limit, or re- take stock in, or aid in the building of, any strain this right; and all laws, grants, contracts, branch road. and all other acts, whatsoever, by said government, or any department thereof, to effect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant, or contract, whatsoever, by the General Assembly.

Sec. II.-1. The power and authority of regulating railroad freight and passenger tariffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate freight and passenger tariffs, to prohibit unjust discriminations on the various railroads of this State, and to prohibit said roads from charging other than just and reasonable rates-and enforce the same by adequate penalties.

4. The General Assembly of this State shall have no power to authorize any corporation to buy shares, or stock, in any other corporation in this State, or elsewhere, or to make any contract, or agreement whatever, with any such corporation, which may have the effect, or be intended to have the effect, to defeat or lessen competition in their respective businesses, or to encourage monopoly; and all such contracts and agreements shall be illegal and void.

5. 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.

6. No provision of this article shall be deemed, held or taken to impair the obligation of any contract heretofore made by the State of Georgia.

7. The General Assembly shall cnforce the provisions of this article by appropriate legisla

2. The exercise of the right of eminent domain shall never be abridged-nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated compa- tion. nies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged-nor so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well being of the State.

3. The General Assembly shall not remit the forfeiture of the charter of any corporation, now existing-nor alter or amend the same-nor pass

ARTICLE VII.

FINANCE, TAXATION AND PUBLIC DEBT. Section I.-The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:

For the support of the State government and the public institutions;

For educational purposes, in instructing children in the elementary branches of an English education only;

To pay the interest on the public debt;

9. Excessive bail shall not be required, nor | Courts.

ACT CREATING THE RAILROAD COMMISSION.

The following is the law under which the | State, under any act of incorporation or genRailroad Commission was organized (being Act | eral law of this State now in force, or which No. 269, Part 1, Title 12, of the Acts and Resolutions of the General Assembly of the State of Georgia, 1878-1879, approved October 14, 1879.) The sections have been arranged in logical order; for convenience of reference, however, the original numbering is retained:

AN ACT

To provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrimination and extortim in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto; and to appoint Commissioners, and to prescribe their powers and duties in relation to the same. WHEREAS, it is made the duty of the General Assembly, in article 4, paragraph 2, and section 1 of the Constitution, to pass laws from time to time to regulate freight and passenger tariffs; to prohibit unjust discriminations on the various railroads of this State, and to prohibit railroads from charging other than just and reasonable rates, and enforce the same by adequate penalties: Be it enacted by the General Assembly of Georgia,

may hereafter be enacted, or any railroad corporation organized, or which may hereafter be organized under the laws of any other State, and doing business in this State, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track, or any of its branches thereof, or upon any railroad within this state which it has the right, license, or permission to use, operate or control, the same shall be deemed guilty of extortion, and upon conviction thereof, shall be dealt with as hereinafter provided.

if

Sec. IV. UNJUST DISCRIMINATION.-That any railroad corporation as aforesaid shall make any unjust discrimination in its rates or charges of toll or compensation for the transportation of passengers or freights of any description, or for the use and transportation of any railroad car upon its said road, or upon any of the branches thereof, or upon any railroads connected therewith, which it has the right, license, or permission to operate, control or use, within this State, the same shall be deemed guilty of having violated the provisions of this Act, and upon conviction thereof, shall be dealt with as hereinafter provided.

Sec. XIII.-DUPLICATE RECEIPTS.-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 reeeipt, and so far as practicable shall state the freight charges over other roads that carry such freight. When the consignee presents the railroad receipt to the agent

Section XII. - DEFINITIONS. That the terms "railroad corporation," or "railroad company," contained in this Act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part, in this State, and the provisions of this Act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or of the railroad that delivers such freight, such otherwise, that shall do business as common car-agent shall deliver the article shipped on payriers upon any of the lines of railroad in this State, (street railways excepted) the same as to railroad corporations herein (after) mentioned. Sec. III.-EXTORTION.-That from and after the passage of this Act, if any railroad corporation, organized or doing business in this

ment of the rate charged for the class of freights mentioned in the receipt. If any railroad company shall violate this provision of the statute, such railroad company shall incur a penalty to be fixed and collected as provided in section nine of this Act.

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 five hundred dollars ($500), or so much thereof as may be necessary, per annum.

JURISDICTION OF COMMISSION.

Sec. I.-ORGANIZATION OF COMMISSION.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 railway business. After the expiration of the terms of office of the Commissioners first appointed, the term of office of successors shall be six years; but, at the first appointment, one Commissioner shall be appointed for two years, one for four Sec. V-POWERS AND DUTIES AS TO RULES years, and one for six years. The salary of AND REGULATIONS.-That the Commissioners each Commissioner shall be twenty-five hundred appointed as herein before provided, shall, as prodollars, to be paid from the Treasury of the vided in the next section of this Act, make State. Any Commissioner may be suspended reasonable and just rates of freight and passenger from office by order of the Governor, who shall tariffs, to be observed by all railroad compareport the fact of such suspension, and the nies doing business in this State on the railroads reasons therefor to the next General Assembly, thereof; shall make reasonable and just rules and and if a majority of each branch of the General regulations, to be observed by all railroad comAssembly declare that said Commissioner shall panies doing business in this State, as to charges be removed from office, his term of office shall at any and all points, for the necessary handexpire. The Governor shall have the same ling and delivering of freights; shall make power to fill vacancies in the office of Commis- such just and reasonable rules and regulations sioner as to fill other vacancies, and if, for any as may be necessary for preventing unjust discrimireason, said Commissioners are not appointed nations in the transportation ot freight and pasduring the present session of the General As- sengers on the railroads in this State; shall sembly, the Governor shall appoint them there- make reasonable and just rates of charges for use after, and report to the next Senate, but the of cars carrying any and all kinds of freight and time until then shall not be counted as part of passengers on said railroads, no matter by whom the term of office of said Commissioners, re-owned or carried; and shall make just and spectively, as herein provided. Said Commis reasonable rules and regulations, to be observed sioners shall take an oath of office, to be framed by said railroad companies on said railroads by the Governor, and shall not, jointly or severto prevent the giving or paying of any rebate or ally, or in any way, be the holders of any rail- bonus, directly ar indirectly, and from misleadroad stock or bonds, or be the agent or employe of ing or deceiving the public in any manner as to any railroad company, or have any interest in the real rates charged for freight and passenany way in any railroad, and shall so continue gers: Provided, that nothing in this Act conduring the term of office; and in case any Com-tained shall be taken as in any manner abridging missioner becomes disqualified in any way, he shall at once remove the disqualification or resign, and on failure so to do, he must be suspended from the office by the Governor, and dealt with as hereinafter provided. In any case of suspension the Governor may fill the vacancy until the suspended Commissioner is

restored or removed.

Sec. II. SECRETARY, OFFICE EXPENSES, ETC. That said Commissioners shall be furnished with an office, necessary furniture, and stationery, and may employ a secretary or clerk at a salary of twelve hundred dollars, at the expense of the State. The office of said Commissioners shall be kept at Atlanta, and all sums of money

or controlling the rates for freight charged by any railroad company in this State for carrying freight which comes from or goes beyond the boundaries of the State, and on which freight less than local rates on any railroad carrying the same are charged by such railroad, but said railroad 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 power by rules and regulations to designate and fix the difference in rates of freight and passenger transportation, to be allowed for longer and shorter distances on the same or different railroads, and to ascertain what shall be the limits of longer and shorter distances.