obeyed as other rules and regulations aforesaid; said Commissioners shall also have full power and authority to examine all agents and employes 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 examination, 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. VI. DUTIES AS TO MAXIMUM RATES. | ETC.-That it shall be the duty of said ComThat the said Railroad Commissioners are missioners to investigate the books and papers of hereby authorized and required to make for all the railroad companies doing business in each of the railroad corporations doing business this State, to ascertain if the rules and regulain this State, as soon as practicable, a schedule tions aforesaid have been complied with, and of just and reasonable rates of charges for the to make personal visitation of railroad offices, transportation of passengers and freights and stations and other places of business for the cars on each of said railroads; and said schedule purpose of examination, and to make rules and shall, in suits brought against any such rail-regulations concerning such examinations, which road corporations wherein is involved the rules and regulations shall be observed and charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads; and said Commissioners shall, from time to time, and as often as circumstances may require, change and revise said schedules. When any schedule shall have been made or revised, as aforesaid, it shall be the duty of said Commissioners to cause publication thereof to be made for four successive weeks in some public newsSec. VIII. CONTRACTS, ETC.-That all conpaper published in the cities of Atlanta, Autracts and agreements between railroad compagusta, Albany, Savannah, Macon, Rome and nies doing business in this State, as to rates of Columbus, in this State; and after the same freight and passenger tariffs, shall be submitted shall be so published, it shall be the duty of all to said Commissioners for inspection and corsuch railroad companies to post, at all their rerection, that it may be seen whether or not they spective stations, in a conspicuous place, a copy are a violation of law or of the provisions of of said schedule for the protection of the peo- the Constitution, or of this Act, or of the rules ple: Provided, that the schedules thus prepared and regulations of said Commissioners; and all shall not be taken as evidence, as herein pro-arrangements and agreements whatever as to the vided, until schedules shall have been prepared division of earnings of any kind by competing and published as aforesaid, for all the railroad railroad companies doing business in this State, companies now organized under the laws of this shall be submitted to said Commissioners for State, or that may be organized at the time of inspection and approval, in so far as they affect said publication. All such schedules purport-rules and egulations made by said Commising to be printed and published as aforesaid, shall be received and held in all such suits, as prima facie the schedules of said Commissioners, without further proof than the production of the schedules desired to be used as evidence, with a certificate of the Railroad Commission that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named, and that the same has been duly published as required by law, stating the name of the paper in which the same was published, together with the date and place of said publication. Sec. VII.-INVESTIGATION, EXAMINATION, sioners, to secure to all persons doing business with said companies just and reasonable rates of freight and passenger tariffs; and said Comtions as to such contracts and agreements as missioners may make such rules and regulamay be then deemed necessary and proper, and any such agreements not approved by such Commissioners, or by virtue of which rates shall be charged exceeding the rates fixed for freight shall be deemed, held and taken to be, violations of article 4, section 1, paragraph 4, of the Constitution, and shall be illegal and void. and passengers, Sec. XV.-WITNESSES.-That said Railroad Commissioners, in making any examination for | scribed by said Commissioners, and if, after due the purpose of obtaining information pursuant notice of such violation given to the principal to this Act, shall have power to issue subpænas officer thereof, ample and full recompense for the for the attendance of witnesses, by such rules as wrong or injury done thereby to any person or they may prescribe. And said witnesses shall corporation, as may be directed by said Comreceive for such attendance two dollars per day, missioners, sha'l not be made within thirty days and five cents per mile, traveled by the nearest from the time of such notice, such company practicable route in going to and returning from shall incur a penalty for each offense of not less the place of said Commissioners, to be ordered than one thousand dollars, nor more than five paid by the Governor upon presentation of thousand dollars, to be fixed by the presiding subpoenas, sworn to by the witnesses, as to the judge. An action for the recovery of such pennumber of days served and miles traveled, be-alty shall lie in any county in the State where fore the clerk of said Commissioners, who is such violation has occurred, or wrong has been hereby authorized to administer oaths. In case perpetrated, and shall be in the name of the any person shall wilfully fail or refuse to obey State of Georgia. The Commissioners shall instisuch subpoena, it shall be the duty of the Judge tute such action through the Attorney General or of the Superior Court, of any county, upon ap- Solicitor General, whose fees shall be the same plication of said Commissioners, to issue an at- as now provided by law. tachment for such witness, and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners, and said court shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court. Sec. X. DAMAGES.-That if any railroad company in this State shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county where the same was done in any court having Sec. XVI.-REFUSAL BY RAILROAD OFFICER. jurisdiction thereof, and the damages to be reThat every officer, agent or employe of any rail- covered shall be the same as in actions between inroad company who shall wilfully neglect or re- | dividuals, except that in cases of wilful riolation fuse to make and furnish any report required of law, such railroad companies shall be liable by the Commissioners, as necessary to the pur-to exemplary damages: Provided, that all suits poses of this Act, or who shall wilfully and under this Act shall be brought within twelve unlawfully hinder, delay or obstruct said Com- months after the commission of the alleged missioners in the discharge of the duties hereby wrong or injury. imposed upon them, shall forfeit and pay a sum of not less than one hundred, nor more than five thousand dollars, for each offense, to be recovered in an action of debt in the name of the State. Sec. XIV.-REPORTS.-That it shall be the duty of the Commissioners herein provided for, to make the Governor semi-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. IX-PENALTIES.-That if any railroad company doing business in this State, by its agents or employes, shall be guilty of a violation of the rules and regulations provided and pre Sec. XI. EVIDENCE, FINES, REMEDIES CUMULATIVE. That in all cases under the provisions of this Act the rules of evidence shall be the same as in civil actions, except as hereinbefore otherwise provided. All fines recovered under the provisions of this Act shall be paid into the State Treasury, to be used for such purposes as the General Assembly may provide. The remedies hereby given the persons injured shall be regarded as cumulative to the remedies now given by law against railroad corporations, and this shall not be construed as repealing any statute giving such remedies. Sec. XVII. That all laws militating against this Act are hereby repealed. Approved October 14, 1879. OF THE ACT CREATING THE RAILROAD COM MISSION. This act bing very important, and the order of the sections confused and embarrassing, we append a brief of it, in less technical form DEFINITIONS. (212.) The terms Railroads or Railro companies, embrace (Street Railways alone excepted) all common carriers by rail, and so they include all Railroad, Express, Sleeping car and Transportation companies by rail, whether owners of the railroad or not. Extortion (23) is defined to be charging more than a fair and reasonable rate; 25 provides for the making of a full schedule of such rates, by a Commission, and 26 only expands this provision more fully. Unjust discrimination is forbidden but not fully defined, in 24. The rules and regulations under 25 complete the definition. Freight which comes from, or goes beyond, the boundaries of the State," on which less than local rates are charged, are excepted, however, from the jurisdiction of the Commission. This exception excludes all Imports, all Exports and and all Transit freight. It does not apply to Passenger rates. Publication of these schedules is to be made in one paper in each of the following named cities, viz: Atlanta, Augusta, Albany, Columbus, Macon, Rome and Savannah, for four weeks, as a whole and system; not separately and one at a time. Contracts between railroads, as respects rates and divisions of earnings, are to be submitted to the Commission that they may see whether they violate any law or rule. EFFECT of the action of the Commission. The rates established as maximum are made THE OBJECT OF THE LAW is set forth in (26) "sufficient evidence" (construed to be the Title and Preamble, viz: to prevent Railroad" prima facie" evidence) for both railroads and Companies from extortion, or unjust discrimination. THE MEANS provided are chiefly : 31. The creation of a RAILROAD COMMISSION, with proper appliances, viz: 22. A Secretary, an office, furniture, etc., and suitable rights. 27. As to investigation, and 215. As to witnesses, including 216. Railroad officers. Also 28. As to railroad contracts;} and with proper powers and duties. 25. As to rules and regulations, and 26. As to making rates, and 29. As to penalties, and ¿14. As to reports, and suggesting legislation. Jurisdiction.—(25) The Commission is to make rules and regulations as to rates of freight, and to fix the limits of distance affecting the same; charges for hauling freight; charges for use of cars; it is to provide against rebates, or any other way of misleading or deceiving the public; and against unjust discrimination. It is also required, by 26, (expanding the first clause of 25) to make for each railroad company a SCHEDULE OF just and reasonable RATES of freight and passenger business, and to revise the same from time to time, as circumstances may require. the public, of reasonableness and justice. Violating the rules, or exceeding the rates, is made penal by 29; and, upon application of the party aggrieved, the Commission directs the recompense to be made therefor; and if the railroad refuses for thirty days to make such recompense, then it is their duty to institute suit, through the Attorney or Solicitor-General, in the county where the inquiry occurred for the penalty prescribed, viz: from $1,000 to $5,000. Fines go to the State treasury. Evidence is as in civil actions, unless otherwise prescribed (211). Damages, also, can be recovered by the party aggrieved, as between individuals; in case of wilful violation of law, exemplary damages are allowed (210). The remedies for individuals are cumulative (311). Penalties are provided against railroad officers refusing to obey the law (16.) By a direct legislative provision (13), duplicate receipts must be given on demand, stating class of goods, charges on the road and on other roads, as far as possible, and the consignee is declared entitled to receive goods on payment of such rates. GEORGIA. The older digests were before the days of railroads. The later contain much of the railroad legislation, to-wit: Prince's and Cobb's Digests, the Code, and Harris's Supplement. A new Code will probably be issued during the present year. There has been very little general legislation; | with all other laws, will of course be found; in the early history of railroads, special charters an easier method, however, may be indicated. were, from time to time, granted to particular companies, embracing for each road all the law applicable to it; afterwards, a few general laws applicable to all were passed, but these were for a long time limited in their range: chiefly concerning the right of way, stock killed and the like. Still later came provisions concerning taxation, State aid, etc., etc. The subject was not fairly grappled with until 1879. The CONSTITUTION OF 1868, superseded by that of 1877, contained the following provis ions: 25. The General Assembly shall pass no law making the State a stockholder in any corporate company; nor shall the credit of the State be granted or loaned to aid any company, without a provision that the whole property of the company shall be held for the security of the State, prior to any other debt or lien, except to laborers; nor to any company in which there is not already an equal amount invested by private persons-nor for any other object than a work of internal improvement. This Constitution was of force for nine years, and under it very large sums were expended by the State; and endless troubles and debts incurred, well illustrating the need of the strong constitutional checks imposed in 1877. We may hereafter give this instructive history in detail, as a guide and warning. HOW AND WHERE TO FIND THE LAW. In the PAMPHLETS of the several sessions of the General Assembly, Railroad Laws, along PRINCE'S DIGEST contains in full, between pages 300 and 381, under the head of Internal Transportation, all the RAILROAD CHARTERS passed to December 30, 1836-prior to the session of 1837; including the earlier charters and amendments of the Central Railroad, the Georgia, the Monroe and other roads. References to all the RESOLUTIONS of the found on page 381. General Assembly to the same date are to be In these private acts occasional new features are incorporated-and these sometimes run in shoals-the charters of each session containing the same new provisions-say of individual liability, banking privileges, taxation, exemptions, conditions of increase of capital stock, etc. COBB'S DIGEST brings the PRIVATE LEGISLATION up to the 23d February, 1850, (containing references to all acts prior to the session of Defull text of all the laws concerning the Western cember, 1851; see pages 423 to 426) with the and Atlantic Railroad (pages 401 to 419.) The GENERAL LAWS, also, prior to the session of 1851, are given in full. Pages 395 to 400. On page 419 are references to the RESOLUTIONS of the General Assembly; and on page 420 the action of the State of Tennessee in regard to the Western and Atlantic Railroad. beginning with the session of 1851, consult the For legislation subsequent to Cobb's Digest, INTERNAL TRANSPORTATION, RAILROADS, CORpamphlet laws and the Code, under the heads, PORATIONS AND TAXATION. We preface the railroad legislation with Two NOTABLE INCIDENTS in the early history of Georgia : 1. The invention of a steam engine, and a patent for the same. See No. 402, (Watkins' Di gest, p. 382) February 1, 1788: An act to secure SUMMARY VIEW OF RAILROAD LEGISLATION IN 1856-Pam. 154-Costs of suit, service, etc. Pam. 155-Freight bills. 1857, December 22-Pam. 65-Checks for baggage. (Code 2072.) 1858, December 11-P. 105-Tax per cent. on all roads not exempt. (Code 818.) 1859-P. 48-Jurisdiction of courts; in what county. P. 64-Whistle posts. (Code 708-9.) P. 65-Road duty. (Code 636.) 1860-P. 57-Road duty. (Code 636.) 1861-P. 69-Building bridges. (Code 4383.) P. 81-Tax (war legislation)—-Central Railroad and Savannah, Albany and Gulf Railroad authorized to connect in Savannah. 1862-3-P. 60-County tax. P. 158-Stock killed. P. 161-Suits vs. Lessees. P. 180 Act 1837-(See Code 4437-8)-Intruding on Transporting provisions railroad, obstructing railroad, etc. 1838--Railroad crossings. (See Code 706, 713.) THE CODE went into operation July 1, 1863. There have 1839-Pam. 191-Right of way. (See Code been two revisions, so that now the editions 3022-3-4, 3032.) 1840-Pam. 151-Stock killed. (Code 3042.) 1845--Road exemptions. (Code 638.) 1817--Pam. 250--Passengers or stock. (Code 3042.) Baggage checks. (Code 2072.) 1870-Pam. 337-Stock killed; 338, Sunday freight; 338, slaves need permits. (See Code 816.) Several of the foregoing acts are given in full in Cobb's Digest. 1851-2, (January 20, 1852)—Pam. 107-8Through rates, by consent, authorized and publication of same; p. 283, Road Duty. (See Code 636); Tax (Code 816.) 1852 (January 22)-Pam. 1851-2, P. 108-9Road crossings; sign board; engineer compelled to whistle, etc. (See Code 708-9-10.) Facetiously, perhaps truly, pronounced by a distinguished Judge, an act to compel horses to runaway when they encountered a train. They often stand trembling till the whistle blows; and this is the signal to be off. 1852-January 23-Pam. 108-9-Railroad hands; commutation fee; road duty. 1853-4-Pam. 93-Stock killed, damages, etc. P. 95, note. (Code 3038.) In charters of this session, company presumed at fault; Supreme Court decisions, etc., shown. P. 110. (See Code 816.) 1856, February 17-Pam. 110-Tax on stock and assets. (See note.) 1855-6-Pam. 155-Freight lists. (See Code 2078.) Damages. (Code 3033, 3036, 3368.) are those of 1863, 1868 and 1873. A supplement has been published to 1877, including the new Constitution, and a new edition is now in progress. The numbering varies in the different editions. The numbers of the sections given below are those of the edition of 1873. The main titles are: Corporations-Railroads Railroad Companies-Railroad Crossings-Taxes. Many of the acts referred to elsewhere are repeated in the Code-but not in chronological order, and so not conforming to the principle of the present arrangement, which is intended to exhibit the order of growth of railroad legislation. PROVISIONS OF THE CODE. 25. The word Person includes corporations. EXEMPTIONS. 2636. Railroad hands exempt from road duty on conditions. 659. Road duty 1060. Military duty. RAILROAD CROSSINGS. 2705. Railroads may cross each other; terms. 707. Railroad crossings. 709. Whistle, failure; penalty. |