281 F. 321 | N.D. Ga. | 1922
The Railroad Commission of Georgia, by sections 2630 and 2631 of the Code of Georgia of 1910, has power to make intrastate railroad rates, by section 2633 has power to investigate violations of its regulations, by section 2664 may fix penalties for fail
As I understand it, in carrying out this order, the rate committee of the Director General filed schedules which actually contained a rate of $1.80, instead of one of 80 cents, and it is said this change was in excess of the authority given in General Order 28. It is not contended to have been a clerical error, for it is shown that this rate had actually been in operation, through some confusion of tariffs, although the records of the Georgia commission showed the legal rate to be that first above mentioned. Now, it is to be observed that the rates were not
It seems inappropriate for a state commission to enter upon an investigation of the propriety of the act of filing, which has not been questioned before the federal Commission nor repudiated by the Director General. The public, under prior law, have been required to look only to what is of file. The rates were required to be filed with the Commission and copies posted for public inspection. Compiled Statutes, § 8569, subd. 1. No rate could be charged or collected, except that so filed. Compiled Statutes, §' 8569, subd. 7. Copies of the tariffs filed with the Commission are made evidence. Comp. Stat. § 8584- (12). The public and carriers were absolutely bound by the rate so established. No reason appears why the policy of these laws should not be applied to the rates fixed under emergency powers by the Director General,
Without passing upon whether due process of law was afforded in the hearing, the order here attempted to be enforced ought to be enjoined. A decree will be so entered.