Imágenes de páginas
PDF
EPUB

APPENDIX B.

TELEGRAPH.

Tariff and Rules Governing Telegraph Companies.

RULE NO. 1.

No Telegraph company shall charge or collect more than twenty-five cents for any message of ten words or less, exclusive of date, address and signature, between any two points within the limits of this State, on its lines, nor more than two cents for each additional word on a day message, nor more than one cent for each additional word on a night message; and no additional charges shall be made for repeating a message - that is, telegraphing back to originating office for comparison.

Rule No. 1 to take effect from and after February 1st, 1892.

RULE NO. 2.

No telegraph office where messages are received and transmitted for the public shall be discontinued or abolished without first obtaining the consent of this Commission upon an application duly filed by the said company desiring such discontinuance wherein shall be stated the reasons therefor.

The Darien Telegraph Co.

Upon application of the Manager of the Darien Telegraph Company to be allowed an increase in the telegraph rates, and upon showing made, it is

ORDERED, That said company be allowed to charge forty cents for ten words, exclusive of dates, address and signature, and three cents for each additional word for day messages, until otherwise ordered.

[blocks in formation]

The Augusta City Ice Company brings its complaint, and charges that the Augusta and Summerville Railroad Company has been guilty of extortion, demanding and receiving from them more than the rate allowed by this Commission for transporting loaded cars over its tracks. It is claimed that the said Railroad Company is within the jurisdiction of this Commission, and not a street, railroad within the meaning of the law, and the Commission is asked to require said Railroad Company to refund the overcharges.

Under Rule 25 of this Commission it is provided that the legal charge for transferring cars from one railroad to another, or from one point in a city to another, shall not exceed two dollars per car, for a distance not exceeding three miles; and it is claimed that the amount charged is in excess of this sum, to wit: the sum of four dollars. These contentions the defendant denies as follows: They claim that they are a street railway within the meaning of the law, and are not amenable to the regulations of this Commission, but are subject to the control of the Mayor and City Council of Augusta. It is admitted that the charges are not made in accordance with the regulations of this Commission, because it is insisted that this Commission has no jurisdiction.

It appears that this question was, on the 5th of January, 1887, made before and passed upon by this Commission, and under the facts then presented it was held that said Railroad Company was a street railroad company, but express leave was granted to review this decision, and to consider the same in connection with this present hearing. The facts presented are substantially as follows: In March, 1866, the Augusta and Summerville Railroad was incorporated by the Georgia Legislature for the purpose of building and using, with the consent of the City of Augusta, a Horse Car Railroad from the lower Market Street line, in the City of Augusta and such other points as the Directors might agree upon, to the United States Arsenal, in the Village of Summerville, or some other point in the County of Richmond, not exceeding three miles from the corporate limits of the City of Augusta. In December, 1866, the running of dummy cars was authorized by the Legislature, provided the City Council would agree thereto. In September, 1866, the City Council granted the said Railroad Company the exclusive right of way over the streets of the City of Augusta, except Monument Street; authorizing the use of animal power, except on the lines on Broad Street, on which dummy cars might be used. The maximum charges for carrying passengers and freight were fixed by the City. Subsequently the tracks of the Company were connected with the South Carolina Railroad, and then steam power was authorized along the streets so as to connect the different railroads. The South Carolina Railroad Company had built a railroad from Reynolds Street to the Georgia Railroad Depot, and the defendant Company was authorized to make a contract for the use of said track. The South Carolina Railroad was afterwards allowed to cross the Savannah River, and connect its track through Washington Street with the track of the Georgia Road. The use of this track was also granted to the Augusta and Summerville Railroad, and in 1870 the Legislature ratified and confirmed the ordinances and contract with the city, and allowed the use of locomotive engines, propelled by steam, on any of the streets of the city, under the regulations of the

City Council. The Company built other tracks through the streets of the city, and connected the several railroads with each other. It carried on a street railroad business for a number of years, but finally, on the.........day of..............., they abandoned their passenger business, and, instead, permitted the use of its tracks between the connecting railroads, for the several railroads for through business, and for transferring their cars, loaded and unloaded, receiving a royalty therefor. On its lines where it connected with the other railroads it received and delivered freight. After abandoning their passenger business this road did an exclusive freight business, and its entire equipment consisted of one small locomotive, which was used in transferring cars. It appears that there is an electric street railroad in the City of Augusta doing a passenger business in the City of Augusta.

The first question is: Does the defendant, under the aforesaid facts, come within the jurisdiction of this Commission? It is provided in the Act creating this Commission, in section 12, 21st Report, page 124, as follows:

"That the 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 otherwise, that shall do business as common carriers upon any of the lines of railroads in this State (street railroads excepted), the same as to railroad corporations herein before mentioned;" from which it will be seen that street railways are excepted. When this question was before this Board in 1887 we are advised that the said railroad company did a passenger business; that was one of its leading features. It is admitted that it does not carry on such business now, and has, by contract, parted with its right to do such business.

What is a street railroad? What kind of street railways did the Legislature intend to include in its exemption? Mr. Booth, in his admirable work on Street Railways, page 1, defines a street railway as follows: "Street railways are those which are constructed in the streets, whether on, below, or above the surface, along and over which cars are propelled by animal or other powers, on fixed tracks, as common carriers of passengers, for the accommodation and convenience of people living upon or near such highways, to facilitate the transportation thereon. The distinctive feature of a street railroad in relation to other railroads is that it is used exclusively for the transportation of passengers, and not goods." See.section 324, Booth on Street Railroads. See Beach on Private Corporations, section 403. Also 41 Fed. Rep., 556.

Recognizing this definition as the correct one, can there be any doubt of the charac ter of the defendant? We think not. It is clearly not a street railway within the meaning of the aforesaid exception. It follows, therefore, that the Augusta and Summerville Railroad is subject to the jurisdiction of this Commission, and must be governed by its rules and regulations, particularly Rule No. 25, regulating the charges for the transfer of cars; and if it charges more than is allowed by such rules and regulations, it is liable, as other roads, for overcharges. So long as this railroad did an exclusive passenger business it was unquestionably within the exception, but when it parted with its rights to engage in such transportation, and ceased to do this business, and did an exclusive freight and transfer business, it was no longer a street railway.

By order of the Board. (Signed)

L. N. TRAMMELL,
Chairman.

[merged small][merged small][merged small][merged small][ocr errors]

ACT CONCERNING POWER TO BRING SUIT
ACT CONCERNING INSPECTION OF RAILROADS....

ACT AMENDING TITLE OF COMMISSION ACT
ACT CONCERNING STORAGE CHARGES......

ACT CONCERNING EXPRESS AND TELEGRAPH COMPANIES.
AUGUSTA CITY ICE COMPANY VS. AUGUSTA AND SUMMERVILLE

122

123

122

124

125

[blocks in formation]
« AnteriorContinuar »