AN ACT To enlarge the powers of the Railroad Commission of Georgia, to prescribe for them addi tional duties, and for other purposes. through SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and Duty to inafter the passage of this Act, it shall be the duty of the Railroad Commission of the vestigate State of Georgia to investigate thoroughly all through freight rates from points out rates. of Georgia to points in Georgia, both those now fixed and those that may hereafter be fixed. attention SEC. 2. Be it further enacted, That whenever the Railroad Commission of Georgia Shall call finds that a through rate, charged into or out of Georgia, is, in their opinion, excessive of railroad or unreasonable, or discriminating in its nature, it shall be the duty of the Railroad officials to Commission to call the attention of the railroad officials in Georgia to the fact, and to tions. urge upon them the propriety of changing such rate or rates. discrimina terstate SEC. 3. Be it further enacted, That whenever such rates are not changed according to Shall apthe suggestion of the Railroad Commission, it shall be the duty of the Commission to peal to Inpresent the facts, whenever it can legally be done, to the Interstate Commerce Commis- Commission, and appeal to it for relief. sion. General SEC. 4. Be it further enacted, That in all work devolving upon the Railroad Commis- Attorneysion prescribed by this Act, they shall receive, upon application, the services of the requiredto Attorney-General of this State, and he shall also represent them, whenever called upon represent to do so, before the Interstate Commerce Commission. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved December 18, 1890. Commis sion. Penalty for violation of rules. POWER TO BRING SUIT. AN ACT To amend Section 719(i) of the Code of Georgia of 1882, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That section 719(i) of the Code of Georgia of 1882 be, and the same is, amended by adding thereto the following: The Commissioners shall have the power, in their discretion, to institute suit without notice for any violation of any of said rules or regulations, whenever, in their opinion, Amending the circumstances authorize it, of which they shall be the sole judges, and after the section IX. of original institution of said suit there shall be no settlement of the same without the consent of act. the said Commissioners, so that said section, when amended, shall read as follows: If any railroad company doing business in this State by its agents or employees shall be guilty of a violation of the rules and regulations provided and prescribed 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 offence 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 be 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 or such other attorney at law of this State as the said Commissioners may appoint, whose fees shall be the same as now provided by law. Power to institute suit with The Commissioners shall have the power in their discretion to institute suit without notice for any violation of said rules and regulations whenever, in their opinion, the out notice. circumstances authorize it, of which they shall be the sole judges, and after the institution of said suit there shall be no settlement of the same without the consent of the Commissioners. SEC. 2. Be it enacted, That all laws or parts of laws in confict herewith are hereby repealed. Approved October 16, 1891. AMENDING TITLE OF ACT. AN ACT To amend an Act entitled an Act to provide for the regulation of railroads, freight and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and to prohibit Railroad Companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and to prescribe a mode of procedure and rules of evidence in relation thereto, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same, approved October 14, 1879. SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted Act of Oct. by the authority of the same, That the caption of the above recited Act be, and the same Caption of is, hereby amended as follows, to-wit: 1879, After the word tariffs, in the second line, add the following words: "And the loca- amended tion and building of passenger and freight depots," so that the whole caption of said By insertAct will read as follows: the loca depots.' ing "and "An Act to provide for the regulation of railroad freight and passenger tariffs, and the tion and building of location and building of passenger and freight depots in this State; to prevent unjust passenger and freight discrimination in the rates charged for transportation of passenges and freights, and to prohibit railroad companies, corporations, and lessees in this State from charging other than just and reasonable rates, and to punish the same, and to prescribe a mode of procedure and rules of evidence in relation thereto, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same. SEC. 2. Be it further enacted That all laws in conflict with the foregoing be, and the same are, hereby repealed. Approved August 31, 1891. INSPECTION OF RAILROAD TRACKS. AN ACT To give the Railroad Commission of Georgia authority, upon complaint made, to inspect the railroads or any railroad o any part of any railroad in this State; and if found in an unsafe or dangerous condition, to require the same put and kept in such condition as will render travel over the same safe and expeditious; to provide a penalty for failing to obey the orders of the said Commission, and for other purposes. missioners If condi SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and Inspection after the passage of this Act, the Railroad Commission of this State is hereby empowered by come and required, upon complaint made, to inspect for themselves, or through an agent, the required. railroads or any railroad or any part of any railroad in this State, and if the same is found tion unin an unsafe or dangerous condition, to require the same put and kept in such condition safe, to be put and as will render travel over the same safe and expeditious; Provided, That reasonable time kept in safe be given the railroad authorities in which to accomplish the work or repairs that may Reasona be required or ordered; Provided, That this Act shall not limit or affect the liability of ble time to be given. railroads in cases of damage to person or property. Not to affect liabil ity for damages. condition. SEC. 2. Be it further enacted, That any railroad, failing or refusing to obey the orders SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Approved October 17, 1891. Commis sion to fix storage. STORAGE CHARGES. AN ACT To require the Railroad Commission to fix rates of storage to be charged by Railroad Com panies in this State; to prescribe regulations for charging the same, and to prescribe how suit shall be brought for overcharges, and to fix the measure of recovery, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, power is hereby conferred on the Railroad Commission of Georgia, charges for and they are required to fix and prescribe a schedule of maximum rates and charges for And when storage of freight made and charged by Railroad Companies doing business in this State, such charges and to fix at what time after the reception of freight at place of destination such charges shall begin. for storage shall begin, with power to vary the same according to the value and character vary rates. of the freight stored, the nature of the place of destination and residence of consignee and such other facts as in their judgment should be considered in fixing the same. Power to Provisions of other acts as to SEC. 2. Be it further enacted, That all the provisions of the Act creating said Railroad Commission and Acts amendatory thereof, prescribing the procedure of said Commission in fixing freight and passenger tariffs, and hearing complaints of carriers and shippers, and of altering and amending said tariffs, shall apply to the subject of fixing and amendsion appli ing rates and charges for storage, as aforesaid. Railroad Commis cable to tnem. SEC. 3. Be it further enacted, That no Railroad Company shall make or retain, directly or indirectly, any charge for storage of freight greater than that fixed by the Commission for each particular storage, nor shall they discriminate directly or indirectly by means ot rebate, or any other device in such charges, between persons. SEC. 1. Be it further enacted, That if any Railroad Company shall violate the provisions of this Act, either by exceeding the rates of storage prescribed, or by discriminating as aforesaid, the person or persons so paying such overcharge, or subjected to such dis crimination, shall have the right to sue for the same in any court of this State having jurisdiction of the claim, and shall have all the remedies and be entitled to recover the same penalties and measure of damages as is prescribed in the case of overcharge of freight rates, upon making like demand as is prescribed in such case, and after like failure to pay the same. SEC. 5. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 17, 1891. TO REGULATE EXPRESS AND TELEGRAPH COMPANIES. AN ACT To extend the powers of the Railroad Commissioners so as to give them power and authority to regulate charges by Express Companies for transportation; to regulate charges of Telegraph Companies for the transmission of messages by telegraph or charges by persons engaged in the several businesses named herein; to apply the powers given to said Commissioners, by law, over Railroad Companies, to all companies or persons owning, controlling or operating a line or lines of Express and Telegraph; and make the penalties prescribed against railroads for violating Commissioners' rules apply to the companies and persons herein named, whose line or lines is or are, wholly or in part, in this Stale, and for other purposes. and Tele to be under of the Com of over rail SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and Express after the passage of this Act, all companies or persons owning, controlling or operating, graph or that may hereafter own, control or operate a line or lines of Express or Telegraph, Companies whose line or lines is or are, in whole or in part, in this State, shall be under the control the control of the Railroad Commissioners of this State, who shall have full power to regulate the mission. prices to be charged by any company or person or persons owning, controlling or operat-For regulaing any line or lines of Express and Telegraph, for any service preformed by such com- prices. Powers pany, person or persons; and all the powers given to said Commissioners over railroads in this State, and all the penalties prescribed against Railroad Companies or persons roads and operating railroads by existing laws, embraced in sections of the Code of 1882 from against Section 719(a) to Section 719(p), both inclusive, are hereby declared to be of force against corporations, companies or a person or persons, owning, controlling or operating against exa line or lines of Express and Telegraph, doing business in this State, whose line or lines telegraph is or are, wholly or in part, in this State, so far as said provisions of the Code can be companies. made applicable to any corporation, company, person or persons owning, controlling or So far as applicable. operating a line or lines of Express and Telegraph. The said Commissioners shall also have power and authority to require said companies to locate agencies at Railroad Location of Stations. penalties them of force as press and ager.cies. SEC. 2. Be it further enacted by the authority aforesaid, That the powers of the Commis- Regulation sioners to regulate charges by corporations, companies and persons herein referred to of charges only as to shall apply only to charges by express, for transportation from one point to another in transportathis State; and messages sent by telegraph from one point to another in this State. tion and messages in this SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act State. be, and the same are, hereby repealed. Approved Oct. 21, 1891. |