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OFFICE OF THE RAILROAD COMMISSION, Distances- 140 150 160 170 180 190 200 210 220 230 240

ATLANTA, GA., October 27, 1882.

The enforcement of all of Circular No. 27, except paragraph (7) seven, and all of Circular No. 28, except paragraph (3) three, is hereby postponed until January CAMPBELL WALLACE Chairman pro tem.

1, 1883.

R. A. BACON,

Secretary.

CIRCULAR No. 31.

OFFICE OF THE RAILROAD COMMISSION, ATLANTA, GA., October 27, 1882. 1. Column J. (Cotton) of the Commissioners' Standard Freight Tariff, now in use, viz: Distances-10 20 30 40 50 60 70 80 90 100 110 120 130 J.-Cents-12 14 16 18 20 22 24 26 28 30 31 32 331

J.-Cents- 29 30 31 32 33 34 35 36 37 38 39

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RAILROAD LEGISLATION IN GEORGIA.

In the pamphlets of the several sessions of the General Assembly, Railroad Laws, along with all other laws, will of course be found; an easier method, however, may be indicated.

The older digests were before the days of railroads. The la ter contain much of the railroad legislation, towit: Prince's and Cobb's Digests, the Code, and Harris' Supplement. A new Code will probably be issued dur-, the present year.

Prince's Digest contain in full, between pages 300 and 381, under the head of Internal Transportation, all the Railroad Charters passed to December 30, 1836prior to the session of 1867; including the earlier char ters and amendments of the Central Railroad, the Georgia, the Monroe and other roads.

Referene s to all the resolutions of the General Assembly to the same date are to be found on page 381. 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 Legisla ion up to the 23d of February, 1850, (containing references to all acts prior to the session of December, 1851; see pages 423 to 426), with the full text of all the laws concerning the Western and Atlantic Railroad (pages 401 to 419 )

We refac the railroad legislation with two notable incidents in the early history of Georía:

1. The invention of a steam engine, and a patent for the same. See No. 402 (Watkins' Digest, p. 382), Feb. 1,1788: An act to secure to Isaac Briggs and William Longstreet, for the term of fourteen years, the sale and exclusive privilege of using a newly constructed steam engine invented by them. This was intended for use on one of nature's water ways-the Savannah river; railroads being as yet unknown.

2. The first steamship which ever crossed the Atlantic, the Savannah, was a Georgia enterprise. The inpossibility of this had been demonstrated; but the sientific impossibility became a practical reality. As in other cases, "it cannot be" was confuted by "it is." SUMMARY VIEW OF RAILROAD LEGISLATION IN ORDER OF TIME.

Act 1837--(See Code 4437-8)-Intruding on railroad, obstructing railroad, etc.

1838-Railroad crossings. (See Code 706, 713.) 1839-Pam. 191-Right of way. (See Code 3022-3-4, 3032.)

1810-Pam. 151-Stock killed. (Code 3042.) 1845-Road exemptions. (Code 638.)

1847-Pam. 250-Passengers or stock. (Code 3042.) Bagage checks. (Code 2072.)

1850-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.

The General Laws, also, prior to the session of 1851, are given in full. Pages 395 to 400. On page 419 are 1851-2 (January 20, 1852)-Pam. 107-8-Through references to the resolutions of the General As em- rates, by consent, authorized and publication of same; bly; and on page 420 the action of the State of Tennes- p. 283, Road Du y. (See Code 636); Tax (Code 816.) see in regard to the Western and Atlantic Railroad. 1852 (January 22)-Pam. 1851-2, p. 108-9-Road crossFor legislation subsequent to Cobb's Digest, begin-ings; sign board; engineer compelled to whistle, etc ning with the session of 1851, consult the pamphlet (See Code 708-9-10.) Facetiously, perhaps truly, prolaws and the Code, under the heads, Internal Trans-nounced by a distinguished Judge, an act to compel portation, Railroads, Corporations and Taxation. horses to run away 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. (Cote 3038.) In charters of this session, company presumed at fault; Supreme Court decisions, etc., shown. P. 110. (See Code 8'6.)

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.)

1856-Pam. 154-Costs of suits, service, etc Pam. 155-Freight bills.

1857 (December 22)-Pam. 65-Checks for baggage. (Code 2072.)

1858 (December 11) - P. 105-Tax 1⁄2 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. 8Tax (war legislation)-Central Railroad and Savannah, Albany and Gulf Railroad authorized to connect in Savannah

1862-3 P. 6-County tax. P 158-Stock killed P. 161-Suits vs. Lessees. P. 180-Transporting provisions.

THE CODE

went into operation July 1, 1863. There have been two revisions, so that now the editions are those of 1863, 1868 and 1873. A supplement has been published to 1877, in luding the new Constitution, and a new cdi ion is now in progress. The numbering va ies in the different editions. The numbers of the sections given below are those of the edition of 1873.

The main titles are: Corporations-Railroad-Railroad Companies-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.

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3023. Terms.

3024. Compensation.

INJURIES BY RAILROAD CARS.

33032. Damages for right of way.

3033. Damages by trains.

3034 Effect of negligence.

2972. Effect of negligence.

711. Onus.

1680. Responsibility for officers.

3035. Equal accommodations to persons of color. 3035. Injury to co-employe.

2083. Responsibility for employes.

3037 Record of stock killed

3038. Record; report of overseers,

3039. Posted

3040. Overseer, when liable.

3042. Railroad, when liable for live stock.

3043. Notice by owner.

3044. Notice by owner.

3045. Trial.

3046. Appeal.

3047. Levy and sale.

3048. Disposition of proceeds.

3049. Tender, and its effects.

3050. Suits by partner or joint owner.

SUITS AGAINST RAILROADS.

25367. How sued.

3368. Liability of agent.

3369. Service.

3370. Service by publication.

3371. Notice to stockholders.

3372 Judgment or decree.

3373. President to give names. 3374. President may defend. 3375. Illegality.

3376. Cumulative of common law remedies.

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428-Railroad crossings. Code 705.
429-Registry of State endorsements, numer-
ous State aid acts. (See Index, P. 523.)

1871-2-P.16-State aid cautions.

77-Tax 1⁄2 per cent. net earnings.

1872-P. 10-Road duty. (Code 636 )

78-Telegraphic use of right of way. 5, 6, 7-Certain State aid bonds void. 1873-P. 17-Buying roads endorsed for

24-Employe, injury to by employe.
63-Live stock on Sunday. Tax on non-resi-
dent railroads. Profit and earnings.
65-Tax 1 per cent on net earnings. (Code
819)

69-Telegraphic use of right of way. (Code 3022-3-4) Lien of railroad contractors. (Code 1979, 1980, 1990.) 1874-P. 94-To prevent monopolies. (Hillyer's law.) Passed February 28, 1874. A brief abstract is ap pended, viz:

3. Forbids any discrimination for or against any connecting line.

2. Gives the right to join tracks.

4. On refusal, provides for right of way.

1. Allows any railroad to switch off and deliver to connecting road all cars consigned to points on or be

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years.

33- Arbitration S. F. & W. R. R.

39-Sections 7 and 8--Taxation.

40 Sections 11, 12, 13 and 14-Tax returns. 77-Inspection of grain and fees. 89-Weighing cotton and fees. 108-Garnishments.

115-Suits against telegraph companies, 130, 131 and 147-Railroad purchasers forming corporations.

134-Extending time to complete railroads. 138-Police powers to conductors.

115-Settlement with Varietta & North Ga. Railroad.

150-Legal weight of rough rice.

156 - General Railroad incorporation law. 178-To punish cutting bagging from cotton

bales.

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