151 Ga. 256 | Ga. | 1921
The Macon Railway and Light Company filed its petition with the Railroad Commission of Georgia, “asking permission to abandon service on the Rivoli Extension, between Lundy Road and the end of the line.” From its petition it appears that the extension “was placed in service in September, 1912, and consists of 1.87 miles of single track, extending from Lundy Road, which is a point 4.04 miles from the center of the city of Macon
The court will take cognizance that the Macon Consolidated Street Bailroad Company was originally chartered by the Secretary of State. Its name was subsequently changed to the Macon Bail-way and Light Company. Civil Code (1910), § 5734; Atlanta &c. R. Co. v. A., B. & A. R. Co., 124 Ga. 125 (52 S. E. 320). The question is whether the Bailroad Commission of Georgia has jurisdiction to permit a street-railroad company chartered by the Secretary of State to discontinue service upon a line voluntarily constructed by it, and devoted to the public use. The powers of the commission are defined by our statutes. It is conceded that the power to permit a chartered street-railroad company to abandon altogether its duties to the public is not expressly conferred upon the railroad commission. _ Coming directly to the question presented by this record, it is also conceded that the power to permit a chartered street-railroad company to abandon or discontinue service to the public on a particular portion or part of its line is not expressly conferred upon the commission. Our statute provides that “ the Bailroad Commission shall have and exercise all the power and authority heretofore conferred upon it by law, and shall have the general supervision of all common carriers, . . street railroads . . within this State; . . and is authorized . . to require all common carriers and other public-service companies under their supervision to establish and maintain such public service and facilities as may be reasonable and just, either by general rules or by special orders in particular cases.” Civil Code (1910), § 3663; Ga. Laws 1907, p. 75, sec. 6. The street-railway company contends, that the commission has power to determine whether it is reasonable and just
The conclusion here reached is in harmony with the ruling of the New York Public Service Commission (1st Dist.) in Re Long Island R. Co., P. U. R. 1919E, 275. See also Re Lake Erie &c. Ry. Co. (Ohio Pub. Util. Com.), P. U. R. 1916F, 553, and Re Eastern Wisconsin Elec. Co. (Wis. Com.), P. U. R. 1918E, 748. It is con-ceded that the foregoing rulings were based upon facts different from the facts here involved. It is also true that a majority of the commissions of other States, have held that the power of general supervision and the power to regulate service necessarily include and imply the power to permit public utilities to abandon service. The same has been held by the courts of last resort in some of the States. See Railroad Commission v. Kansas City. So. R. Co., 111 La. 139 (35 So. 487); State ex rel. Tate v. Brooks-Seanlon Co., 143 La. 539 (78 So. 847); Brooks-Seanlon Co. v. Railroad Commission, 144 La. 1086 (81 So. 727), P. U. R. 1919E, 33; People ex rel. Hubbard v. Colo. Title &c. Co., 65 Colo. 472 (178 Pac. 6, P. U. R. 1919A, 542; In Re Tremont & Gulf Ry. Co. (La. Com.), P. U. R. 1915A, 457; Culver v. St. Joseph &c. Ry. Co. (Mo. Com.), P. U. R. 1917B, 542; In Re Parkville Oil & Gas Co. (Mo. Com.), P. U. R. 1919A, 502; Oswayo Chemical Co. v. N. Y. &c. Ry. Co. (Pa. Com.), P. U. R. 1919C, 690; Caster v. Kansas Postal-Telegraph
Judgment reversed.