Commissioners, in making any examination for | 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 said Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offense 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.

the purpose of obtaining information pursuant to this Act, shall have power to issue subpoenas 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 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 wilfully 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 Commissioners, to issue an attachment for such witness, and compel him to Sec. X.-DAMAGES.-That if any railroad attend before the Commissioners and give his company in this State shall, in violation of any testimony upon such matters as shall be law-rule or regulation provided by the Commissionfully required by such Commissioners, and said ers aforesaid, inflict any wrong or injury on any court shall have power to punish for contempt, person, such person shall have a right of action as in other cases of refusal to obey the process and recovery for such wrong or injury in the and order of such court. 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 be

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 al

Sec. XVI.-REFUSAL BY RAILROAD OFFICER. That every officer, agent or employe of any railroad company who shall wilfully neglect or re-tween individuals, except that in cases of wilful fuse to make and furnish any report required by the Commissioners, as necessary to the purposes of this Act, or who shall wilfully and unlawfully hinder, delay or obstruct said Commissioners in the discharge of the duties hereby | leged wrong or injury. imposed upon them, shall forfeit and pay a sum Sec. XI EVIDENCE, FINES, REMEDIES CUof not less than one hundred, nor more than MULATIVE. That in all cases under the profive thousand dollars, for each offense, to be re-visions of this Act the rules of evidence shall be covered in an action of debt in the name of the State.

Sec. XIV.-REPORTS.—That it shall be the duty of the Commissioners herein provided for, to make the Governor semi-annual reports of the transactions of their office, and to recommend from time to time such legislateon as they may deem advisable under the provisions of this Act.

Sec IX. PENALTIES.-That if any railroad company doing business in this State, by its agents or employes, shall be guilty of a violation of the rules and regulations provided and pre

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

Sec. XVII. That all laws militating against this Act are hereby repealed. Approved October 14, 1879.

A CAREFUL ANALYSIS

Of the Act Creating the Railroad Commission.

This act being very important, and the order | require. "Freight which comes from, or goes

of the sections confused and embarrassing, we append a brief of it, in less technical formDEFINITIONS.-(212.) The terms Railroads or Railroad companies, embrace (Street Railways alone excepted) all common carriers by rail, and so they include all Railroad, Express, Sleeping car and Transportation companies by rail, whether owners of the railroad or not.

Extortion (23) defined to be charging more than a fair and reasonable rate; 25 provides for the making of a full schedule of such rates, by a Commission, and 26 only expands this provision more fully.

Unjust discrimination is forbidden but not fully defined, in 24 The rules and regulations under 25 complete the definition.

THE OBJECT OF THE LAW is set forth in the Title and Preamble, viz.: to prevent Railroad Companies from extortion, or unjust discrimination.

THE MEANS provided are chiefly : 21. The creation of a RAILROAD COMMISSION, with proper appliances, viz:

22. A Secretary, an office, furniture, etc., and suitable rights.

27. As to investigation, and 215. As to witnesses, including 216. Railroad officers. Also 28. As to railroad contracts; and with proper powers and duties. 25. As to rules and regulations, and 26. As to making rates, and 29. As to penalties, and

beyond, the boundaries of the State," on which less than local rates are charged, are excepted, however, from the jurisdiction of the Commission. This exception excludes all Imports, all Exports and all Transit freight. It does not apply to Passenger rates.

Publication of these schedules is to be made in one paper in each of the following named cities, viz. Atlanta, Augusta, Albany, Columbus, Macon, Rome and Savannah, for four weeks, as a whole and system; not separately and one at a time.

Contracts between railroads, as respects rates and divisions of earnings, are to be submitted to the Commission that they may see whether they violate any law or rule.

EFFECT of the action of the Commission. The rates established as maximum are made (26) "sufficient evidence" (construed to be "prima facie" evidence) for both railroads and the public, of reasonableness and justice.

the

Violating the rules, or exceeding the rates, is made penal by 29; and, upon application of party aggrieved, the Commission directs the recompense to be made therefor; and if the railroad refuses for thirty days to make such recompense, then it is their duty to institute suit, through the Attorney or Solicitor-General, in the county where the inquiry occurred for the penalty prescribed, viz: from $1,000 to $5,000. Fines go to the State treasury.

Evidence is as in civil actions, unless otherwise prescribed (211).

Damages, also, can be recovered by the party aggrieved, as between individuals; in case of wilful violation of law, exemplary damages are allowed (210).

The remedies for individuals are cumulative (211).

214. As to reports, and suggesting legislation. Jurisdiction.-(25) The Commission is to make rules and regulations as to rates of freight, and to fix the limits of distance affecting the same; charges for hauling freight; charges for use of cars; it is to provide against rebates, or any Penalties are provided against railroad offiother way of misleading or deceiving the pub-cers refusing to obey the law (216). lic; and against unjust discrimination. It is also required, by 26, (expanding the first clause of 25) to make for each railroad company a SCHEDULE OF just and reasonable RATES of freight and passenger business, and to revise the same from time to time, as circumstances may

By a direct legislative provision (213), duplicate receipts must be given on demand, stating class of goods, charges on the road and on other roads, as far as possible, and the consignee is declared entitled to receive goods on payment of such rates.

THE COURSE OF RAILROAD LEGISLATION IN GEORGIA.

There has been very little general legislation; ! with all other laws, will of course be found; in the early history of railroads, special char- an easier method, however, may be indicated. ters were, from time to time, granted to particular companies, embracing for each road all the law applicable to it; afterwards, a few general laws applicable to all were passed, but these were for a long time limited in their range: chiefly concerning the right of way, stock killed and the like. Still later came provisions concerning taxation, State aid, etc., etc. The subject was not fairly grappled with until

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

1879.

The CONSTITUTION OF 1868, superseded by that of 1877, contained the following provisions:

Art. 1, 227, included, as one of the objects of taxation-" taxes for public improvements." It also provides that

The General Assembly may grant the power of taxation to county authorities and municipal corporations, to be exercised within their several territorial limits.

By art. 3, 26, p. 4. No citizen is compelled to contribute to any internal improvement; municipal corporations, by a majority vote, may

contribute.

25. The General Assembly shall pass no law making the State a stockholder in any corporate company; nor shall the credit of the State be granted or loaned to aid any company, without a provision that the whole property of the company shall be held for the security of the State, prior to any other debt or lien, except to laborers; nor to any company in which there is not already an equal amount invested by private persons-nor for any other object than a work of internal improvement.

PRINCE'S DIGEST contains in full, between pages 300 and 381, under the head of Internal Transportation, all the RAILROAD CHARTERS passed to December 30, 1836-prior to the seesion of 1867; including the earlier charters and amendments of the Central Railroad, the Georgia, the Monroe and other roads.

References 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 LEGISLATION up to the 23d 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 )

The GENERAL LAWS, also, prior to the session of 1851, are given in full. Pages 395 to 400. On page 419 are references to the RESOLUTIONS of the General Assembly; and on page 420 the action of the State of Tennessee in regard to the Western and Atlantic Railroad.

This Constitution was of force for nine years, and under it very large sums were expended by the State; and endless troubles and debts incurred, well illustrating the need of the strong constitutional checks imposed in 1877. may hereafter give this instructive history in PORATIONS AND TAXATION. detail, as a guide and warning.

For legislation subsequent to Cobb's Digest, beginning with the session of 1851, consult the pamphlet laws and the Code, under the heads, INTERNAL TRANSPORTATION, RAILROADS, COR

HOW AND WHERE TO FIND THE LAW.

We

In the PAMPHLETS of the several sessions of the General Assembly, Railroad Laws, along

We preface the railroad legislation with Two NOTABALE INCIDENTS in the early history of Georgia:

1. The invention of a steam engine, and a patent for the same. See No. 402 (Watkins'

1855-6-Pam. 155-Freight lists. (See Code 2078.) Damages. (Code 3033, 3036, 3368.) 1856-Pam. 154-Costs of suit, service, etc. Pam. 155-Freight bills.

Digest, p. 382), February 1, 1788: An act to |
secure to Isaac Briggs and William Longstreet,
for the term of fourteen years, the sale and ex-
clusive privilege of using a newly constructed
steam engine invented by them. This was in-
tended for use on one of nature's water ways—baggage. (Code 2072.)
the Savannah river; railroads being as yet un-
known.

2. The first steamship which ever crossed the Atlantic, the Savannah, was a Georgia enterprise. The impossibility of this had been demonstrated; but the scientific 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.

1857 (December 22)-Pam. 65-Checks for

1858 (December 11)—P. 105-Tax 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. 81-Tax (war legislation)--Central Railroad and Savannah, Albany and Gulf Railroad authorized to connect in Savannah.

1862-3-P. 60--County tax. P. 158-Stock

Act 1837-(See Code 4437-8)—Intruding on killed. P. 161-Suits vs. Lessees. P. 180railroad, obstructing railroad, etc. Transporting provisions.

1838-Railroad crossings. (See Code 706,

713.)

THE CODE

went into operation July 1, 1863. There have 1839-Pam. 191-Right of way. (See Code been two revisions, so that now the editions are 3022-3-4, 3032.)

those of 1863, 1868 and 1873. A supplement has been published to 1877, including the new Constitution, and a new edition is now in progress. The numbering varies in the different editions. The numbers of the sections given

1840-Pam. 151-Stock killed. Code 3042.) 1845-Road exemptions. (Code 638.) 1847-Pam. 250-Passengers or stock. (Code 3042. Baggage checks. (Code 2072.) 1850-Pam. 337-Stock killed; 338, Sunday | below are those of the edition of 1873. freight; 338, slaves need permits. (See Code 816.)

The main titles are: Corporations--Railroads--Railroad Companies-Railroad Cross

Several of the foregoing acts are given in full ings-Taxes. in Cobb's Digest.

Many of the acts referred to elsewhere are 1851-2 (January 20, 1852)-Pam. 107-8- repeated in the Code-but not in chronological Through rates, by consent, authorized and pub-order, and so not conforming to the principle of lication of same; p. 283, Road Duty. (See the present arrangement, which is intended to Code 636); Tax (Cole 816.) exhibit the order of growth of railroad legislation.

1852 (January 22)—Pam. 1851–2, p. 108-9— Road crossings; sign board; engineer compelled to whistle, etc. (See Code 708-9-10.) Facetiously, perhaps truly, pronounced by a distinguished Judge, an act to compel 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. (Code 3038.) In charters of this session, company presumed at fault; Supreme Court decisions, etc., shown. P. 110. (See Code 816.)

1856 (February 17)-Pam. 110-Tax on stock and assets. (See note.)

PROVISIONS OF THE CODE.

25. The word Person includes corporations.

EXEMPTIONS.

2636. Railroad hands exempt from road duty on conditions.

659. Road duty.

1060. Military duty.

RAILROAD CROSSINGS.

2705. Railroads may cross each other; terms.
706. Railroad crossings.
707. Railroad crossings.
708. Whistle posts.

709. Whistle, failure; penalty.
710. Whistle, failure to blow.