to Social Circle, Madison, Machen and Griffin, together with full information upon the questions set out in their complaint, advising them of the readiness and willingness of the Commission to supply any additional information that it could. No further response. FILE NO. 8648. S. S. PARMELE CO., vs. RAILWAY COMPANIES. Classification of gigs and sulkies. Petitioners desired the Commission to adopt same classification on gigs and sulkies, KD., LCL., as applicable on buggies, when so shipped. Investigation of the Commission not as yet completed. FILE NO. 8649. HOFMAYER DRY GOODS Co., vs. RAILWAY COMPANIES. Rates from Albany, Ga. to Florida points. Filed in office February 25, 1909. Complainants complained that the Atlantic Coast Line and the Central oi Georgia Railway Company refused to accept shipments from Albany, Ga., destined to local stations on the Seaboard Air Line in Florida, alleging as a reason therefor that the Seaboard Air Line Railway refused to accept same for final delivery at junctions between their respective lines in Florida. The matter taken up by the Commission with the defendant railway companies at interest, and on April 6th all lines had agreed to publish rates from Albany, Ga., to said Florida points, regardless as to which line originated the business at Albany, Ga. Mr. Seay complained that on a carload shipment of telephone poles from Otto, N. C., to Atlanta, Ga., he was charged $182.40, whereas before making said shipment he made inquiry of the agent of the Tallulah Falls Railway, the originating line, as to the rate applicable and was advised that same would be $15.00 per car 30,000 pounds, Otto to Cornelia, Ga., and $12.00 per car of 25,000 pounds from Cornelia, to Atlanta, Ga. Claimant made shipment relying upon this quotation, but upon arrival of the car at Atlanta, the Southern Railway Company, the delivering line, raised the rate from the basis above named, which was the rate inserted in the bill-lading, to the through rate published on 6th class, from Otto to Atlanta, as of file with the Interstate Commerce Commission. The Commission took the matter up with the railway companies at interest and the Southern Railway contended that as there was no published rate on telephone poles from Otto, N. C., to Atlanta, Ga., and as such shipment was of an interstate character, under the rules of the Interstate Commerce Commission, the class rates appli cable would have to be applied, but that if shippers would pay the 6th class rate and file claim for overcharge based on the combination above referred to, the said company would petition the Interstate Commerce Commission for authority to make reparation on said basis, and said company would, further, publish through rates on telephone poles from Otto, N. C., to Atlanta, Ga., based on said combination. Claimant was advised and claim and rate now being handled accordingly. This was a complaint against the defendant company, account number of coupons lifted by conductor of said company between certain stations on its line. Claim taken up with the defendant railroad company and on April 13th, claimant advised that the said company had settled the larger of his claims and was handling the other. FILE NO. 8652. PANOLA LIGHT & POWER CO. Petition for authority to issue stock and bonds. Filed in office February 27, 1909. After due notice and formal hearings, the Commission on March 29th, granted authority to the petitioning company to issue $25,000.00 additional capital stock, and mortgage bonds, bearing interest at the rate of 6 per cent. per annum, in the amount of $25,000.00. Commissioners, appoint ment, term and salary. The following is the law under which the Railroad Commission was created, being Act No. 269, Part 1, Title 12 of the Acts and Resolutions of the General Assembly of the State of Georgia, 1878-1879: AN ACT. To provide for the regulation of railroad freight and passenger tariffs, and the location and building of passenger and freight depots in this State; to prevent unjust discrimination in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations, and lessees in this State from charging other than just and reasonable rates, and to punish the same, and to prescribe a mode of procedure and rules of evidence in relation thereto, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same. WHEREAS, It is made the duty of the General Assembly, in article 4, paragraph 2, and section 1 of the Constitution, to pass laws, from time to time, to regulate freight and passenger tariffs; to prohibit unjust discrimination on the various railroads of this State, and to prohibit railroads from charging other than just and reasonable rates, and enforce the same by adequate penalties; therefore, SECTION I. Be it enacted by the General Assembly of Georgia, That there shall be three Commissioners, appointed by the Governor, with the advice and consent of the Senate, to carry out the provisions of this Act, of whom one shall be of experience in the law, and one of experience in the railway business. After the expiration of the terms of the office of the Commissioners first ap pointed, the term of office of successors shall be six years; but, at the first appointment, one Commissioner shall be appointed for two years, one for four years, and one for six years. The salary of each Commissioner shall be twentyfive hundred dollars, to be paid from the Treasury of the State. Any Commissioner may be suspended from office by order of the Governor, who shall report the fact of such suspension, and the reasons therefor, to the next General Assembly, and if a majority of each branch of the General Assembly declare that said Commissioner shall be removed from office, his term of office shall expire. The Governor shall have the same power to fill vacancies in the office of Commissioner as to fill other vacancies, and if, for any reason, said Commissioners are not appointed during the present session of the General Assembly, the Governor shall appoint them thereafter, and report to the next Senate, but the time until then shall not be counted as part of the term of office of said Commissioners, respectively, as herein provided. Said Commissioners shall take an oath of office, to be framed by the Governor, and shall not, jointly or severally, or in any way, be the holders of any railroad stock or bonds, or be the agent or employee of any railroad company, or have any interest in any way in any railroad, and shall so continue during the term of office; and in case any Commis sioner becomes disqualified in any way, he shall at once remove the disqualincations or resign, and on failure so to do, he must be suspended from office by the Governor, and dealt with as hereinafter provided. In any case of suspen sion the Governor may fill the vacancy until the suspended Commissioner is restored or removed. office, employment of Secretary,expenses, etc. SEC. II. That said Commissioner shall be furnished with an office, necessary Location of 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. roads for SEC. III. That from and after the passage of this Act, if any railroad cor- Extortion poration, organized or doing business in this State, under any Act of incor- by railporation or general law of this State now in force, or which may hereafter be bidden enacted, or any railroad corporation organized, or which may hereafter be organized under the laws of any other State, and doing business in this State, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track, or any of its branches thereof, or upon any railroad within this State which it has the right, license, or permission to use, operate or control, the same shall be deemed guilty of extortion, and, upon conviction thereof, shall be dealt with as hereinafter provided. SEC. IV. That if any railroad corporation as aforesaid shall make any unjust discrimination in its rates or charges of toll or compensation for the transportation of passengers or freights of any description, or for the use and transportation of any railroad car upon said road, or upon any of the branches thereof, or upon any railroads connected therewith, which it has the right, license or permission to operate, control or use, within this State, the same shall be deemed guilty of having violated the provisions of this Act, and, upon conviction thereof, shall be dealt with as hereinafter provided. Unjust discrimination forbidden. commissioners. SEC. V. That the Commissioners appointed, as herein before provided, shalı, Duty of as provided in the next section of this Act, make reasonable and just rates of freight and passenger tariffs, to be observed by all railroad companies doing business in this State on the railroads thereof; shall make reasonable and just rules and regulations, to be observed by all railroad companies doing business in this State, as to charges at any and all points, for the necessary handling and delivering of freights; shall make such just and reasonable rules and regu lations as may be necessary for preventing unjust discriminations in the transportations of freight and passengers on the railroads in this State; shall have the power to make just and reasonable joint rates for all connecting railroads doing business in this State, as to all traffic or business passing from one of said roads to another, and to require the location of such depots, and the establishment of such freight and passenger buildings, as the condition of the road, Commissioners shall make schedule of rates, publish same, etc. the safety of freight and the public comfort may require; Provided, however, That before applying joint rates to roads that are not under the management and control of one and the same company, the Commissioners shall give thirty days' notice to said roads of the joint rate contemplated, and of its division between said roads, and give hearing to roads desiring to object to the same; shall make reasonable and just rates of charges for use of railroad cars carrying any and all kinds of freight and passengers on said railroad, no matter by whom owned or carried; and shall make just and reasonable rules and regula tions, to be observed by said railroad companies on said railroads, to prevent the giving or paying of any rebate or bonus, directly or indirectly, and from misleading or deceiving the public in any manner as to the real rates charged for freight and passengers; Provided, That nothing in this Act contained shall be taken as in any manner abridging or controlling the rates for freight charges by any railroad company in this State for carrying freight which comes from or goes beyond the boundaries of the State, and on which freight less than local rates on any railroad carrying the same are charged by such railroad, but said railroad companies shall possess the same power and right to charge such rates for carrying such freights as they possessed before the passage of this Act; and said Commissioners shall have full power by rules and regulations to designate and fix the difference in rates of freight and passenger transportation, to be allowed for longer and shorter distances on the same or different railroads, and to ascertain what shall be the limits of longer and shorter distances. SEC. 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 charge for the transportation of passengers and freights and cars on each of said railroads; and said schedule shall, in suits brought against any such railroad corporations wherein is involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates or charges for the transportation of passengers and freights and cars upon the railroads; and said Commissions shall, from time to time, and as often as circumstances may require, change and revise said schedules. [When any sched, ule shall have been made or revised, as aforesaid, it shall be the duty of said Commissioners to cause publication thereof to be made for one time in some public newspaper published in the cities of Atlanta, Augusta, Albany, Savannah, Macon, Rome, Athens, Americus and Columbus, in this State, at a rate not to exceed fifty cents per square of usual advertising space when less than a columu is occupied, or more than twelve dollars per column when as much space as a column or more is occupied, by inserting said schedule or change of any schedule, so that said newspaper shall not charge for such advertising any rate in excess of that allowed for county legal advertising; and after the same shall be so published, it shall be the duty of all such railroad companies to post at all their respective stations, in a conspicuous place, a copy of said schedule for the protection of the people; Provided, That when any rate or change is made by the Commissioners that affects only one road or roads in a particular locality, |