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, sha'l 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 pen the purpose of obtaining information pursuant to this Act, shall have power to issue subpanas 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, be-alty shall lie in any county in the State where fore the clerk of said Commissioners, who is such violation has occurred, or wrong has been hereby authorized to administer oaths. In case perpetrated, and shall be in the name of the any person shall wilfully fail or refuse to obey State of Georgia. The Commissioners shall instisuch subpoena, it shall be the duty of the Judge tute such action through the Attorney General or of the Superior Court, of any county, upon ap- Solicitor General, whose fees shall be the same plication of said Commissioners, to issue an at- as now provided by law. tachment for such witness, and compel him to attend before the Commissioners and give his testimony upon such matters as shall be law fully required by such Commissioners, and said court shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court. Sec. X. DAMAGES.-That if any railroad company in this State shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong or injury on any per son, such person shall have a right of action and recovery for such wrong or injury in the 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 between in 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 alleged wrong or injury. Sec. XVI. REFUSAL BY RAILROAD OFFICER. That every officer, agent or employe of any railroad company who shall wilfully neglect or re-dividuals, except that in cases of wilful violation 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 imposed upon them, shall forfeit and pay a sum of not less than one hundred, nor more than five thousand dollars, for each offense, to be recovered in an action of debt in the name of the State. Sec. XI. EVIDENCE, FINES, REMEDIES CUMULATIVE.-That in all cases under the provisions of this Act the rules of evidence shall be 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 COM Railro MISSION. This act bing very important, and the order of the sections confused and embarrassing, we append a brief of it, in less technical formDEFINITIONS.-(212.) The terms Railroads or 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 (3) is defined to be charging more than a fair and reasonable rate; 5 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. "Freight which comes from, or goes 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 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 THE OBJECT OF THE LAW is set forth in (26) "sufficient evidence" (construed to be 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 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 other way of misleading or deceiving the public; and against unjust discrimination. It is also required, by 26, (expanding the first clause of 25) to make for each railroad company a SCHEDULE Or just and reasonable RATES of freight and passenger business, and to revise the same from time to time, as circumstances may require. prima facie" evidence) for both railroads and the public, of reasonableness and justice. Violating the rules, or exceeding the rates, is made penal by 29; and, upon application of the 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 (10). The remedies for individuals are cumulative (211). Penalties are provided against railroad officers refusing to obey the law (16.) By a direct legislative provision (213), duplicate receipts must be given on demand, stating class of goods, charges on the road a id on other roads, as far as possible, and the consignee is declared entitled to receive goods on payment of such rates. GEORGIA. 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. There has been very little general legislation; | with all other laws, will of course be found; in the early history of railroads, special charters an easier method, however, may be indicated. 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 1879. The CONSTITUTION OF 1868, superseded by that of 1877, contained the following provis ions: 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. 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 session of 1837; 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 LEGISLA25. The General Assembly shall pass no law TION up to the 23d February, 1850, (containing making the State a stockholder in any corpo-references to all acts prior to the session of Derate company; nor shall the credit of the State cember, 1851; see pages 423 to 426) with the be granted or loaned to aid any company, with-full text of all the laws concerning the Western out a provision that the whole property of the and Atlantic Railroad (pages 401 to 419.) 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. 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. We may hereafter give this instructive history in detail, as a guide and warning. HOW AND WHERE TO FIND THE LAW. In the PAMPHLETS of the several sessions of the General Assembly, Railroad Laws, along 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. 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, CORPORATIONS AND TAXATION. We preface the railroad legislation with Two NOTABLE INCIDENTS in the early history of Georgia: 1. The invention of a steam engine, and; a patent for the same. See No. 402, (Watkins' Di 1857, December 22-Pam. 65-Checks for baggage. (Code 2072.) 1858, December 11-P. 105-Tax per cent. on all roads not exempt. (Code 818.) gest, p. 382) February 1, 1788: An act to secure 1856-Pam. 154-Costs of suit, service, etc. to Isaac Briggs and William Longstreet for the| Pam. 155--Freight bills. 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 impossibility of this had been demonstrated; but the scientific impossibility became a practical reality. As in other cases, "it canot be" was confuted by it is. SUMMARY VIEW OF RAILROAD LEGISLATION IN Act 1837-(See Code 4437-8)-Intruding on railroad, obstructing railroad, etc. 1838-Railroad crossings. (See Code 706, 713.) 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 killed. P. 161-Suits vs. Lessees. P. 180Transporting provisions 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 3022-3-4, 3032.) 1840-Pam. 151-Stock killed. (Code 3042.) 1845-Road exemptions. (Code 638.) 1847-Pam. 250--Passengers or stock. (Code 3042.) Baggage checks. (Code 2072.) 180-Pam. 337-Stock killed; 338, Sunday freight; 338, slaves need permits. (See Code 816.) are 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 below are those of the edition of 1873. 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. (See 1851-2, (January 20, 1852)-Pam. 107-8Through rates, by consent, authorized and publication of same; p. 283, Road Duty. Code 636); Tax (Code 816.) 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 runaway 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.) 1855-6-Pam. 155-Freight lists. (See Code 2078.) Damages. (Code 3033, 3036, 3368.) 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. 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. 707. Railroad crossings. 709. Whistle, failure; penalty. 714. Penalties. 715. Exemption. 716. Use of money. 717. Defences. 719. Railroads not to use public roads, unless by express authority. RAILROAD TAXES. 2815. Tax same as on other property, unless exempt. 818. Tax of 1 per cent. on net income-on certain conditions, viz., dividends not exceed ing 6 per cent. till they reach 8. 819. Tax on new branch railroads. 881. Comptroller-General to assess, if no re turn. 882. Comptroller-General to issue executions. RAILROADS AS CORPORATIONS. 21651 Artificial person subject to modification. 1674. Charter of corporations. 1681. Public corporations subject to be dis- | solved by General Assembly. 1682. Private corporations. In all cases of private charters hereafter granted, the State reserves the right to withdraw the franchise, unless such right is expressly negatived in the charter. 1683. Heretofore granted, not so subject to to dissolution. 1685. Conditions of forfeiture. 877. Non-payment of taxes, or non-returns, grounds of forfeiture. LIENS. 21979. Lien of contractors. 1980 Proceedings. 1981. Proceedings. COMMON CARRIERS. 22065. Defined. 2066. Diligence. 2067. Diligence exempts. 2068. Cannot limit liability by notice; may by contract. 2069. Must receive goods. 2070. Responsible after delivery. 2071. Baggage. 3023. Terms. 3024. Compensation. INJURIES BY RAILROAD CARS. 23032. Damages for right of way. 3034. Effect of negligence. 1680. Responsibility for officers. 3035. Equal accommodations to persons of color. 3035. Injury by co-employe. 2083. Responsibility for employes. 3038. Record; report of overseers. 3040. Overseer, when liable. 3042. Railroad, when liable for live stock. 3044. Notice by owner. 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. 23367. 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. |