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.

Commis

over con

roads.

SEC. VIII. That all contracts and agreements between railroad companies doing busi. Power of ness in this State, as to rates of freight and passenger tariffs, shall be submitted to said sioners Commissioners for inspection and correction, that it may be seen whether or not they tracts beare a violation of law or of the provisions of the Constitution, or of this Act, or of the tween railrules and regulations 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 companies just and reasonable rates of freight and passenger tariffs; and said Commissioners may make such rules and regulations as to such contracts and agreements as may then be deemed necessary and proper, and any such agreement, not approved by such Commissioners, or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers, shall be deemed, held and taken to be violations of article 4, section 1, paragraph 4 of the Constitution, and shall be illegal and void.

violation

SEC. IX. That if any railroad company doing business in this State, by its agents or Penalty for employees, shall be guilty of a violation of the rules and regulations provided and pre- of rules. scribed by said Commissioners; and if, after due notice of such violation given to the principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation, as may be directed by the Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offence 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 lie in any county in the State where such violation has occurred, or wrong has been perpetrated, and shall be in the name of the State of Georgia. The Commissioners shall institute such action through the Attorney-General or Solicitor-General, whose fees shall be the same as now provided by law.

tion of rules.

SEC. X. That if any railroad company doing business in this State shall, in violation Injuries resulting of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong from viola. 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 willful violation of law, 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.

evidence.

SEC. XI. That in all cases under the provision of this Act the rules of evidence shall Rules of 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

Meaning

of terms.

Duplicate freight receipts.

Reports of Commissioners.

Power of Commissioners over witnesses.

Railroad officers to report to Commis

sioners.

law against railroad corporations, and this Act shall not be construed as repealing any statute giving such remedies.

SEC. XII. That the terms "railroad corporation," or "railroad company," contained in this Act shall be deemed and taken to mean all corporations, companies or individ · uals 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 otherwise, that shall do business as common carriers upon any of the lines of railroad in this State (street railways excepted), the same as to railroad corporations herein before mentioned.

SEC. XIII. 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 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 penalty 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 provided 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 provi sions of this Act.

SEC. XV. That said railroad Commissioners, in making any examination for the purpose of obtaining information pursuant to this Act, shall have power to issue subpœnas 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 practicable route in going to and returning from the place of meeting of said Commissioners, to be ordered paid by the Governor upon presentation of subpoenas, sworn to by the witnesses, as to the 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 subpoena, it shall be the duty of the Judge of the Superior Court of any county, upon application of said Commission. ers, to issue an attachment for such witness, and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners, and said court shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court.

SEC. XVI. That every officer, agent or employee of any railroad company who shall willfully neglect or refuse to make and furnish any report required by the Commissioners, as necessary to the purpose of this Act, or who shall willfully and unlawfully hinder, delay or obstruct said Commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred, nor more than five thousand dollars, for each offence, to be recovered in an action of debt in the name of the State.

SEC. XVII. That all laws militating against this Act are hereby repealed.

Approved October 14, 1879.

AN ACT

To enlarge the powers of the Railroad Commission of Georgia, to prescribe for them addi

tional duties, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and Duty to in vestigate after the passage of this Act, it shall be the duty of the Railroad Commission of the through State of Georgia to investigate thoroughly all through freight rates from points out rates. of Georgia to points in Georgia, both those now fixed and those that may hereafter be fixed.

attention

SEC. 2. Be it further enacted, That whenever the Railroad Commission of Georgia Shall call finds that a through rate, charged into or out of Georgia, is, in their opinion, excessive of railroad or unreasonable, or discriminating in its nature, it shall be the duty of the Railroad officials to Commission to call the attention of the railroad officials in Georgia to the fact, and to nations. urge upon them the propriety of changing such rate or rates.

discrimi

terstate

SEC. 3. Be it further enacted, That whenever such rates are not changed according to Shall ap the suggestion of the Railroad Commission, it shall be the duty of the Commission to peal to Inpresent the facts, whenever it can legally be done, to the Interstate Commerce Commis- Commission, and appeal to it for relief.

sion.

SEC. 4. Be it further enacted, That in all work devolving upon the Railroad Commis- AttorneyGeneral sion prescribed by this Act, they shall receive, upon application, the services of the required to Attorney-General of this State, and he shall also represent them, whenever called upon represent to do so, before the Interstate Commerce Commission.

SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed.

Approved December 18, 1890.

sions.

Penalty for
violation
of rules.

section IX

act.

POWER TO BRING SUIT.

AN ACT

To amend Section 719(i) of the Code of Georgia of 1882, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That section 719(i) of the Code of Georgia of 1882 be, and the same is, amended by adding thereto the following:

The Commissioners shall have the power, in their discretion, to institute suit without notice for any violation of any of said rules or regulations, whenever, in their opinion, Amending the circumstances authorize it, of which they shall be the sole judges, and after the of original 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 principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation as may be directed by said Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offence 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 the State, where such violation has occurred, or wrong has been perpetrated, and shall be in the name of the State of Georgia. The Commissioners shall institute such action through the Attorney-General or Solicitor General or such other attorney at law of this State as the said Commissioners may appoint, whose fees shall be the same as now provided by law.

Power to ȧnstitute suit with

The Commissioners shall have the power in their discretion to institute suit without notice for any violation of said rules and regulations whenever, in their opinion, the out notice. circumstances authorize it, of which they shall be the sole judges, and after the institution of said suit there shall be no settlement of the same without the consent of the Commissioners.

SEC. 2. Be it enacted, That all laws or parts of laws in conflict herewith are hereby repealed.

Approved October 16, 1891.

AMENDING TITLE OF ACT.

AN ACT

To amend an Act entitled an Act to provide for the regulation of railroads, freight and passenger tariffs in this State; to prevent unjust discrimination and extortion 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, approved October 14, 1879.

SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted

by the authority of the same, That the caption of the above recited Act be, and the same Caption of is, hereby amended as follows, to-wit:

Act of Oct. 1879,

After the word tariffs, in the second line, add the following words: "And the loca- amended tion and building of passenger and freight depots," so that the whole caption of said Act will read as follows:

By inserting "and the loca.

building of

passenger

"An Act to provide for the regulation of railroad freight and passenger tariffs, and the tion and location and building of passenger and freight depots in this State; to prevent unjust discrimination in the rates charged for transportation of passenges and freights, and to and freight depots. prohibit railroad companies, corporations, and lessees in this State from charging other than just and reasonable rates, and to punish the same, and to prescribe a mode of procedure and rules of evidence in relation thereto, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same.

SEC. 2. Be it further enacted That all laws in conflict with the foregoing be, and the same are, hereby repealed.

Approved August 31, 1891.

INSPECTION OF RAILROAD TRACKS.

AN ACH

To give the Railroad Commission of Georgia authority, upon complaint made, to inspect the railroads of any railroad or any part of any railroad in this State; and if found in an unsafe or dangerous condition, to require the same put and kept in such condition as will render travel over the same safe and expeditious; to provide a penalty for failing to obey the orders of the said Commission, and for other purposes.

missioners

If cordi

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and Inspection after the passage of this Act, the Railroad Commission of this State is hereby empowered by Comand required, upon complaint made, to inspect for themselves, or through an agent, the required. railroads or any railroad or any part of any railroad in this State, and if the same is found tion un in an unsafe or dangerous condition, to require the same put and kept in such condition safe, to be put and as will render travel over the same safe and expeditious; Provided, That reasonable time kept in safe be given the railroad authorities in which to accomplish the work or repairs that may Reasona be required or ordered; Provided, That this Act shall not limit or affect the liability of ble time to railroads in cases of damage to person or property.

condition.

be given. Not to affect liability for damages.

SEC. 2. Be it further enacted, That any railroad, failing or refusing to obey the orders of said Commission within the time allowed for said work, shall be liable to a penalty Penalty for of not more than five thousand dollars, to be recovered by a suit brought in the name of not obeythe State, in which suit the Attorney-General or Solicitor-General shall represent the ing order. State, and his fees shall be the same as now provided by law. Suits shall be brought in the county where the wrong or violation occurs.

SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be,and the same are, hereby repealed.

Approved October 17, 1891.