investments, interest on bonds and floating debts, should not be considered in estimating what net sum a railroad has earned. It is believed that a strict account in accordance with this rule would prevent much of the extravagancies which have bankrupted a number of the railroads in Georgia.

STREET RAILROADS.

There are of street railroads in Georgia 212 miles. While, by the terms of the act creating this Commission, street railroads are not included under our jurisdiction, still, the growth of the street railroads has been so great, and their business so large, that on one or two occasions the question has arisen as to whether certain alleged street railroads were under the jurisdiction of this Board. The question was presented in the case of the Augusta City Ice Company, vs. The Augusta and Summerville Railroad. Here the question was, whether or not that railroad, although chartered as a street railroad, was at present conducted within the exception contained in the act. After fully hearing the case, the Commission were of the opinion that the Augusta and Summerville Street Railroad was within the jurisdiction of the Commission, and that it was subject to the rules and regulations made for the government of railroads. Appended to this report will be found the full opinion and judgment of the Commission on that subject; and, as the question is likely to arise in the future, we have thought the case of sufficient general importance to publish as an appendix to this report the conclusions arrived at, as above stated.

EXPRESS COMPANIES.

We are pleased to state that very few complaints have been made against the express companies, and none in which they did not comply with the order of the Commission when their attention was called to them.

TELEGRAPH COMPANIES.

This Commission, desiring to secure every community accessible to a telegraph line the benefit of telegraphic service, permitted experimental offices to be established at a number of points, with leave to the companies to discontinue the same if they should prove unprofitable to the companies, these companies desiring to extend their service wherever the business would warrant. We have had a number of applications to discontinue telegraph stations, and have authorized the discontinuance at the following named places: Roswell, Tucker, Gloster, Oglesby, Hull.

The showing made in these cases was so strong and overwhelming that we felt it would be unjust to require the companies to maintain offices at these points, especially in view of their liabilities to damage in pen. alty suits under the present law. The facility with which these suits can be maintained, the large sums that can be recovered from the telegraph companies, as a mere penalty, without regard to the damages actually suffered, has deprived a number of small villages and towns of the benefit of telegraphic service. Generally at such places the best agents and operators cannot be procured. Messengers cannot be had because the offices will not bear the expenses. To subject the companies to a penalty suit for the nondelivery of a message, whether damage is actually incurred or not, increases litigation against them, and frightens them away from such stations. We have no authority over such suits, but desiring, as far as we may properly do so, to increase the service of the telegraph companies, so that almost every community in this State may have the benefit of this service, we recommend the repeal of this penalty law, as one of the best means of securing this result. We would not be understood as favoring any rule which would not impose upon the telegraph companies the duty of promptly transmitting and promptly delivering all messages intrusted to them; but it seems to us, and it is certainly so regarded by the companies, that the penalty fixed by the law is arbitrary. It encourages and increases litigation most at those points where it is most difficult to obtain telegraphic service. The telegraph companies should be held to strict account for the prompt and full discharge of the duties which they owe to the public, and should be liable, as they are, under the general law for whatever damages the parties may actually suffer, and for punitive damages in proper cases.

LITIGATION.

Since our last annual report the cases brought against the Richmond and Danville Railroad Company for disobedience of the joint rate rule have been settled. The road conformed to the rule and paid all costs and refunded the overcharges, and are now operating under this rule.

We have been constrained to institute action against the Savannah, Americus and Montgomery Railroad Company for failure to construct a depot at Mount Vernon and for discontinuing the station at Louvale without the permission, and against the order of the commission.

Recently the James Mayer buggy cases, (known as the Social Circle case,)

brought by the Interstate Commerce Commission to enforce section four of the Commerce Act, has been heard in the city of New Orleans before the Circuit Court of Appeals, and the judgment of the lower court, ruling against the Commission has been reversed, and the Interstate Commerce Commission has been sustained. No full opinion was given by that court, and an appeal has been taken therein to the Supreme Court of the United States. It will be remembered that this was to be a test case, and on it depends quite a number of cases brought by this commission before the Interstate Commerce Commission at Washington. It is confidently believed that the decision of the Circuit Court of Appeals will be affirmed by the Supreme Court of the United States, and that the important principles involved in that case will be established. Recent legislation by Congress has strengthened the hands of the Interstate Commerce Commission, and it is believed that, under the amended law, the decisions of this very able and impartial tribunal can be more surely and fully carried out. Many of the applications that arise over rates will cease if such result can be obtained.

THE NATIONAL CONVENTION OF RAILROAD COMMISSIONERS.

On the 8th day of May, 1894, the annual convention of the Railroad Commissioners of the several States met in Washington, in the rooms of the Interstate Commerce Commission, for the purpose of discussing the various questions pertaining to the regulation and control through the State Commission, and by the Interstate Commerce Commission, of the railroads. Your Commission has always been represented at these annual conventions, believing that no more important agency could be found to assist us in the discharge of the delicate and important duties devolved upon us. The convention was in session two days, and the interchange of thought upon those subjects in which all the members were interested, and the experience of those present, as told to each other, have been of great and inestimable benefit to this Board, and have enabled us to more satisfactorily discharge our duties.

IMPROVED SAFETY APPLIANCES.

In many of the States much of the authority exercised by the Railroad Commissions relates to the physical management of the railroads. Much consideration has been given by those officers to the subject of improved safety appliances of all kinds. Particular attention has been given to those

appliances which promote the safety of the employes, who, by their duties, are often exposed to great danger. Many inventions have been examined that promote the safety of the traveling public; and there has been a great advance along this line by the railroad companies. Statistics show that a very large number of those injured and killed are in the ranks of employes. Their duties are very important and their responsibilities great. Such legislation should be enacted as will insure their safety and security. Encouragement ought also to be given to those appliances which promote the safety of the traveling public. At the instance of the National Convention of Railroad Commissioners and the Interstate Commerce Commission, Congress has passed an act requiring all freight cars used in interstate traffic to be equipped with automatic couplers by the first day of July, 1895. The railroads are complying with this law very generally. Almost every freight car in the United States will be equipped with this great protection to life and limb, for almost every one is engaged in interstate business. While we make no specific recommendation on the subject, we call the attention of the Legislature to it, that some provision may be made for the collection of the necessary statistics on these subjects, that intelligent investigation may be had and proper encouragement given.

RECOMMENDATIONS.

We renew the recommendations presented in our last Annual Report, relating to the prevention of over-issues of stocks and bonds, and of overcharges, and call special attention to them.

THE DEATH OF COMMISSIONER VIRGIL POWERS.

Since our last Annual Report, our colleague, Hon. Virgil Powers, has passed away. His high character and eminent qualifications for this office, and his long life of honor and usefulness need no commendation at our hands. In his death the State has lost one of its most valuable and efficient officers, and this Board one of the most valuable members that it ever had. Respectfully submitted,

L. N. TRAMMELL, Chairman, )
ALLEN FORT,

G. GUNBY JORDAN,

Commissioners.

A. C. BRISCOE, Secretary.