104 Ga. 437 | Ga. | 1898
It appears from the record, that the Wrights-ville & Tennille R. Co. refused to "issue to some of its patrons through bills of lading beyond the terminus of its own line. Complaint of this action was made by the Augusta Southern R. Co. to the railroad commission of Georgia, and that commission cited the Wrightsville & Tennille R. Co. to appear before it to answer the complaint. After a hearing, the commission decided that the railroad company had violated rule 32 of the commission, and ordered it to issue to its patrons through bills of lading beyond the terminus of its line. After the passage of this order, another of the patrons of the Wrightsville & Tennille R. Co. applied to it for a through bill of lading from Bruton, a point on its line, to Tennille, thence over the Augusta Southern road to Augusta, and thence over one or more roads in South Carolina to Savannah, in this State. The Wrightsville & Tennille R. Co. refused to issue this bill of lading, but did issue one through to Savannah over its own line and that of the Central of Georgia Ry. Co. The railroad commission, through the attorney-general of the State, brought this action for the recovery of a
The point made by' the pleadings is, whether the railroad commission of Georgia has power, under the law, to compel a railroad to issue a through bill of lading over its line and beyond its terminus. We have carefully read rule 32 of the commission, which is alleged to have been violated by' the defendant company, and we find that it is substantially' in the language of the act of 1874, codified in sections 2212-2214 of the Civil Code. If, therefore, the defendant company' violated rule 32, it also violated the law as declared in these sections of the code, which are as follows: “All railroad companies in this State shall, at the terminus or any intermediate point, be required to switch off and deliver to the connecting road having the same gauge, in the yard of the latter, all cars passing over their lines, or any portion of the same, containing goods or freights consigned, without rebate or deception, by' any' route, at the option of the shipper, according to customary or published rates, to any' point over or beyond such connecting road, and any' failure to do so with reasonable diligence, according to the route by which such goods or freights were consigned, shall be deemed and taken as a conversion in law of such goods or freights, and shall give a right of action to the owner or consignee, for the value of the same, with interest, and not less than ten per cent., nor more than twenty-five percent., for expenses and damages; provided, that should the defendant, in any suit brought under this section, set up as a defense, that the plaintiff has accepted a rebate, or practiced fraud or deception touching the rate, it shall be a complete reply to such defense if the plaintiff can prove that defendant, or its agents, have allowed a rebate or
„ Proceeding now to a consideration of section 2214 of the Civil Code, it will be seen that this section prohibits one railroad company from discriminating “ in its rates or tariff of freights in favor of any line or route connected with it as against any other line or route,” and declares it shall have the same rates for all lines “ and shall afford the usual and like customary facilities for interchange of freights to patrons of each and all routes or lines alike.” In our opinion, these words do not confer upon the commission the power to compel railroad companies to make contracts. They refer to the reception of freight by one railroad from another or its delivery from one to another. It allows patrons of a railroad to designate the route over which they desire their goods to be shipped, and, if they so desire, to send them over roads connecting with the receiving road. To illustrate by the facts of this particular case: Beall seems to have preferred to ship his cotton from Bruton, on defendant’s line, to Tennille, the terminus of the line, thence over the Augusta Southern to Augusta, Georgia, thence through South Carolina by connecting roads to Savannah, in this State. This clause of the act prohibited the Wrightsville & Tennille R. Co. from interfering with the execution of this preference. Under this clause, the defendant company could have been compelled to receive Beall’s cotton, transport it to Tennille, and deliver it to the Augusta So. R. Co. The latter road would have been compelled to receive it and transport it to Augusta. Had Beall had a car-load of cotton and had the defendant company agreed for it to be shipped through in its car, the Augusta So. R. Co. would have been compelled to receive the car and transport it over its road. Beall did tender the two bales of cotton to the defendant company, and the latter was bound to receive it and deliver it to the connecting road. This is the meaning of the act of 1874, codified in the above-cited sections of the code, and these are the “usual and like customary facilities” to be afforded by a railroad to shippers. In this view
We are clearly of the opinion that the act of 1874 was not intended by the legislature to compel a railroad company to make a contract against its will. Nor does the fact that this defendant railroad company had issued through bills of lading over the Central of Georgia Railway to Savannah justify the commission in deciding that it was an unjust discrimination
It is claimed by the attorney-general, that if the commission had no power under the act of 1874 to compel a railroad company to issue a through bill of lading, it had that power under the fifth section of the act of 1879, above cited. We have seen from the title of that act, copied above, that its object was to regulate railroad rates and tariffs and to prevent unjust discriminations in the rates and charges for transportation, and to prohibit railroad companies from charging other than just and reasonable rates, to appoint commissioners and to prescribe their powers in relation to the same. This is the power intended to be given by that act. The fifth section of the act reads as follows: “That the commissioners appointed as hereinbefore provided shall, as provided in the next section of this act, make reasonable and just rates of freight and passenger tariffs, to be observed by all railroad companies doing business in this State on the railroads théreof; shall make reasonable and just rules and regulations, to be observed by all railroad companies doing
Judgment affirmed.