CONSTITUTION.

Power to

regulate rates and fares.

ARTICLE IV.-SECTION II.

Paragraph I. The power and authority of regulating railroad freight and passenger tariffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws, from time to time, to regulate freight and passenger tariffs, to prohibit unjust discriminations on the various railroads of this State, and prohib.t said roads from charging other than just and reasonable rates, and enforce the same by adequate penalties.

Par. III. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter, and shall bring ject to the the same under the provisions of this Constitution; Provided, That this section shall provision not extend to any amendment for the purpose of allowing any existing road to take stock stitution. in or aid in the building of any branch road.

Corporations sub

Corpora. tions not authorized to buy shares

tending to

defeat competition.

No secret

rebate allowed.

Not intended to im.

pair ccntracts.

Appropri

ate legislation re quired.

Par. IV. The General Assembly of this State shall have no power to authorize any corporation to buy shares, or stock, in any other corporation in this State, or elsewhere, or to make any contract, or agreement whatever, with any such corporation, which may have the effect, or be intended to have the effect, to defeat or lessen competition in their respective businesses, or to encourage monoply; and all such contracts and agreements shall be illegal and void.

Par. V. No railroad company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

Par. VI. No provisions of this article shall be deemed, held or taken to impair the obligation of any contract heretofore made by the State of Georgia.

Par. VII. The General Assembly shall enforce the provisions of this article by appro priate legislation.

The following references to the laws of the State, on the subject of transportation of passengers and freight by Common Carriers, are here inserted, as relating to matters of general interest:

A

Railroad companies are common carriers, and liable as such. Code of Georgia, section Liability of

2297.

B

Railroad Companies as carriers.

A common carrier is bound to receive all goods and passengers offered that he is able Time of and accustomed to carry, upon compliance with such reasonable regulations as he may bility. responsiadopt for his own safety, and the benefit of the public. Code, Section 2278.

C

Carriers of passengers may refuse to admit, or may eject from their conveyances, all What paspersons refusing to comply with reasonable regulations, or guilty of improper conduct, or sengers of bad, dissolute, doubtful or suspicious characters. So they may refuse to convey persons refused. seeking to interfere with their own business or interest. Code, Section 2296.

D

may be

A carrier of passengers is bound also to extraordinary diligence on behalf of himself and Carrier of his agents, to protect the lives and persons of his passengers. But he is not liable for in- passengers. juries to the person after having used such diligence. Code, Section 2266.

E

The carrier of passengers is responsible only for baggage placed in his custody, yet a For bagpassenger cannot relieve himself from liability for freight by assuming to take care of his gage. own baggage. Code, Section 2280.

F

It is the duty of the railroad company to cause their conductors, agents or employees to On bagbe provided with checks, so as to check all trunks or separate baggage of passengers from gage. station to station on their roads when required. And it is the duty of the conductor of every passenger train to cause, upon application to him, all trunks and baggage to be checked from any station to any point of destination on their road, or any road running under the control of the company of which he is conductor. (The carrier of passengers has a lien on the baggage, not only for its freight, but for the passenger's fare.) Code, Sections 2281 and 2289.

G

A carrier of passengers may limit the value of the baggage to be taken for the fare paid. Limit as to In case of loss, however, and though no extra freight has been demanded or paid, the value of baggage. carrier is responsible for the value of the baggage lost, provided the same be only such articles as a traveler for business or pleasure would carry for his or her own use. Code, Section 2288.

H

railroad

Railroad companies shall keep in each passenger car, or in any car in which passengers Water and are transported, an adequate supply of good, pure drinking water, at all hours during the light on day and night, and lights during the night for the use of passengers. Any conductor or agent of a railroad, who, after being requested by a passenger to furnish a sufficient supply of water to the passengers in each car, in the day or night, and light at night, shall pass any depot or station without so doing, may be indicted in any county through which said railroad runs, of which he is agent or conductor, and shall be punished as for a misd emeanor. Code, Sections 522 and 523.

I

Equal ac- Common carriers of passengers for hire shall furnish like and equal accommodations to tions to all all persons, without distinction of race, color, or previous condition. Code, Section 525.

commoda

Police of railroads.

Posting

J

The conductors of a train carrying passengers are invested with all the powers, duties and responsibilities of police officers while on duty on their trains; Provided, nothing herein contained shall affect the liability of any railroad company for the acts of its employees. When a passenger is guilty of disorderly conduct, or uses any obscene, profane, or vulgar language, or plays any game of cards, or other game of chance, for money or other thing of value, the conductor of the train may stop it at the place where such offense is committed, and eject the passenger from the train. Code, Section 902.

K

Whenever any passenger train on any railroad in this State shall be more than onetime of de- half of one hour behind its schedule time when it passes a depot at which there is a layed trains. telegraph operator, during the hours that such operator is required to be on duty, it shall be the duty of such railroad company to keep posted at every succeeding telegraph station along its line the time such train is behind its schedule; Provided, That such bulletin shall not be required to be posted at any station until one-half hour before the regular schedule time at which such train is to arrive at the station at which such bulletin is required to be kept. Code, Section 2235.

Carriers

bound to

L

One who pursues the business constantly or continuously for any period of time, or extraordi- any distance of transportation, is a common carrier, and as such is bound to use extranary dili- ordinary diligence. In cases of loss the presumption of law is against him, and no excuse avails him unless it was occasioned by the act of God or the public enemies of the State. Code, Section 2264.

gence.

Effect of

M

A common carrier cannot limit his legal liability by any notice given, either by pubnotice to lication, or by entry on receipts given, or tickets sold. He may make an express contract, and will then be governed thereby. Code, Section 2276.

limit.

Bound to deliver

without unreason

able delay.

Time of responsibility.

Carrier

has lien on goods.

Fraud on carrier.

N

The common carrier is bound not only for the safe transportation and delivery of goods, but also that the same be done without unreasonable delay. Code, Section 2282.

The responsibility of the carrier commences with the delivery of the goods, either to himself or his agent, or at the place where he is accustomed or agrees to receive them. It ceases with their delivery at destination according to the direction of the person sending or according to the custom of the trade. Code, Section 2279.

P

The carrier has a lien on the goods for freight, and may retain possession until it is paid, unless this right is waived by special contract or actual delivery. This lien exists only when the carrier has complied with his contract as to transportation. He can recover pro rata for the actual distance transported when the consignee voluntarily receives the goods at an intermediate point. Code, Section 2287.

Q

The carrier may require the nature and value of the goods delivered to him to be made

known, and any fraudulent acts, sayings or concealment by his customers will release him from liability. Code, Section 2290.

Ꭱ

All freight bills or freight lists charged against or to be collected out of any person for Freight whom a railroad shall carry freight in this State shall contain the items of freight charged lists, how in said bills or freight lists by some certain and specific description before they shall be collectible. Code, Section 2293.

S

made out.

Receipts

Whenever any person shall deliver property of any description, to a railroad. steamboat, carrier. or express company, for transportation, said company shall upon demand, furnish the party so delivering a valid receipt which shall specify the shipping marks and numbers thereon, and the weight of the property thus delivered, whenever the value can be estimated by weight; and in all cases where the value cannot be thus estimated, the receipt shall give a general description of the property, and shall also specify, as near as practicable, the quantity or value thereof, and also the place of destination; and any agent or officer of such company violating the provisions of this section, shall be guilty of a misdemeanor. Code, Section 602.

T

All railroad companies in this State shall, on demand, issue duplicate freight receipts to Duplicate freight shippers, in which shall be stated the class or classes of freight shipped, the freight charges receipts. 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 road that delivers such freight, such agent shall deliver the article shipped on payment of the rate charged for the class of freights mentioned in the receiptsCode, Section 2200.

U

Where there are several connecting railroads under different companies, and the goods railroads Liability of

there are

are intended to be transported over more than one railroad, each company shall be re- where sponsible only to its own terminus, and until delivery to the connecting road; the last several. company which has received the goods as "in good order" shall be responsible to the consignee for any damage (open or concealed) done to the goods, and such companies shall settle among themselves the question of ultimate liability. Code, Section 2298.

V

and receive cars from

Railroads are required to switch off and deliver to any connecting road of the same gauge Roads re. quired to all cars consigned to points on or beyond such connecting road. Code, Section 2212. They deliver to are also required, at the terminus or any intermediate point, to receive from the connecting road of the same gauge, when offered, all cars consigned to any point on the road to connecting which the same is offered, and transport said cars to their destination with reasonable diligence. Code, Section 2302.

W

roads.

Whenever any railroad company in this State shall weigh any cars loaded with freight Weighing to be shipped and charged for by the car-load, such weighing shall be done by a sworn by sworn weigher. weigher, as provided for the weighing of cotton, rice and other produce. Code, Section 2309. When such cars are weighed singly, they shall be uncoupled at both ends and weighed one at a time. Code, Section 2310.

When any ailroad company shall transport timber, lumber, or other like articles freight, which, from length, laps over from one car to another, such company may cause

Waen lu nber, etc.,

of aos from

one car to

as another.

Unjust diserimina

tion pro

hibited.

many as two or three of such cars so loaded to be weighed together, after uncoupling them at both ends from other cars, and in all such instances the aggregate weight of the freight upon said two or three cars shall be averaged so that each of the cars shall be charged with an equal amount of the total weight, and the shipper be made to pay freight as if each of the cars so weighed together did actually contain an equal portion of the whole load; Provided, That in such cases the shipper shall not pay less than the amount of freight due on full car-loads. Code, Section 2311.

X

No railroad corporation organized or doing business in this State shall make any unjust discrimination in its rates or charges of toll for the transportation of passengers, or freight of any description, or for the use and transportation of any railroad car on its said road, or upon any of the branches thereof, or upon any railroads connected there with which it has license to operate, control or use. Nor shall any railroad company discriminate in its rates or tariffs of freight in favor of any line or route connected with it as against any other line or route, nor when a part of its own line is sought to be run in connection with any other route, shall such company discriminate against such connecting line, or in favor of the balance of its own line, but shall have the same rates for all, and shall afford the usual and like customary facilities for interchange of freight to patrons of each and all lines alike. See Code, Sections 2188 and 2214.

The Proviso to the first section of the Interstate Commerce Law reads as follows:

Provided, however, That the provisions of this Act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid,