Savannah morning news. [volume] (Savannah) 1868-1887, 1881-09-19


courts OF this State as prinlG .fdcie evidence
that the rates therein fixed are just and rea-
sonable rates Of charges for the transporta-
| tiOn of passengers, and freights, and cars
upon the roads. All such schedules
purporting to be printed and put into effect,
as hereinafter provided, shall be
received and held in all such suits as prima
tacie the schedules Of said Com
| missioners without further proof than the
production OF the schedules desired to be
used as evidence, with a certificate of the
| Commissioners that the same is a true copy
| OF the schedule prepared by them for the
railroad company therein named, and the
| same has been duly published, as required
by law, stating the manner in which said
publication was made, and said Commits
sioners shall, from time to time, and as
often IS circumstances may require, change
and revise said schedules. Whenever it is
deemed necessary by the Commissioners to
make, change or revise such schedules, they
shall, In such manner as they may deem
best, notify the corporation whose sched-
ules are to be so made, changed or revised,
fixing day In the future for the considera-
tion OF such proposed revisions or changes,
and allow the corporation to be represented
by their officers or counsel, to show cause,
II any exists, why such proposed changes
or revisions should not go into effect,
and upon the final decision of the Com
missioners as to the rates that shall go
into effect after such hearing, the Com
missioners shall fix a day upon which
said rates shall take effect, and make
such publication of the same as in their
judgment will serve the interest of the pub
lie, and do justice to the railroads, and,
Sfter the same shall have been so decided
and published, 1t shall be the duty of all
railroad companies, for whom schedules are
established, to post st their respective sta
tions, in a conspicuous place, a copy OF said
schedules for the protection of the people.
That should any complaint be made to the
Commission by citizen Of this State against
any railroad of this State of extortion or
discrimination, or other injustice, then the
Commission, If they deem such complaint
not trivial, but worthy of consideration,
shall In such manner as they may deem best
notify the corporation complained against
OF the nature OF the complaint, aud fix
day In the future upon which both
parties may be heard, and the case
adjudicated under such rules of procedure
as the Commission may deem advisable to
establish, and, after hearing said case, the
Commissioners shall publish their decision
IN such manner as they shall deem best,
stating the date It shall go into effect, which
snail be accepted as prinJG fdcie correct, and
binding upon both parties, and require no
further notice or publication, and shall
have the same effect as any other rates,
rules or regulations made by the Commits
sion, provided that nothing in this act con-
tained shall be taken as in any manner
abrdging or controlling the rates for freight
charged by any railroad company in this
State for carrying freight which comes from
or goes beyond the boundaries of this State,
| and on which freight, less than local rates
on any road carrying the same are charged
by such road, but said railroad company
shall possess the same power and right to
charge such rates for carrying such freight
| as they possess before the passage of this
| act; and provided further, that the powers
OF the Commission over joint rates of freight
| passing over two or more roads in this State
| shall be the same as over rates on each sepa.
rate road in this State.
Sec. 3. Be 1t further enacted by the au-
| thority aforesaid, That any railroad com
pany dissatisfied with the rates of freight
and passenger tariff, or either thereof, as
established by the Railroad Commissioners
| OF this State, may file with the said Com
mfssiOners statement or petition in writ
ing, fully and distinctly setting out why and
wherein said rates are unreasonable and
unjust, when said Commissioners, If they
consider the complaint not trivial but
worthy OF consideration, shall appoint day
In the future and place where said com
| plant shall be inquired into, first giving
notice In such manner as they may deem
best to any person or persons who, in the
| judgment OF said Commissioners, are inter-
ested adversely to said railroad company,
and all parties interested shall be fully heard
by said Commissioners under the same rules
OF procedure as hereinbefore provided in
| section two of this act, for complaints
against railroads, and the rule of decision
by said Commissioners shall be the same as
provided In said section two.
Sec. 4. Be 1t further enacted by the au-
thority aforesaid, That either party to any
| decision made by the said Railroad Commis-
sioners may appeal (without giving bond
and security to the Superior Court; and in
cases where the railroad brings the COM
plant, and is also the appellant, such appeal
shall be tried in the Superior Court of the
county where the Commission holds its
stttings, and on such appeal, when entered
by a railroad company, the proceedings
shall be in the name of such railroad com
pany against the State of Georgia, the State
hereby consentng to be made such party
defendant, and when such appeal is entered
by an individual or individuals, 1t shall be
In the name or names of such individual or
individuals, against such railroad company,
and shall be returned to and tried
in the Superior Court of the county In which
the injustice complained of is alleged to
have been committed. The appeal so en-
tered shall not suspend the decision OF said
Railroad Commissioners while litigation is
pending and shall have the same priority
III OlNCi Va OuSAh6bo do civil CdbcS W MuiCu
the State is party. And said appeal shall
be heard during term time before jury
stricken from the grand jury. When such
appeal is so heard, as hereinbefore pro-
vided, the court shall make such order and
decree on the issue, or result obtained, as
justice and equity require; and to such case
so tried, there shall be the same remedies
by motion for new trial and writ of error to
the Supreme Court as exist in all civil cases.
When the State is made defendant, It shall
be represented by the Attorney General
of the state, on notice from the Cover
nor. II upon the final hearing of said
appeal, the rates of freight ard passenger
tariff are decided Dot to be just and reason
able, the Commissioners shall at once re-
model the same in accordance with said
decision. II, on hearing before the Su-
perior or Supreme Court, on an appeal en-
tered by individual or individuals against
railroad company, the railroad company
shall be defeated, aud it shall be shown
that such company has injured the plaintiff,
then the court trying said appeal shall make
proper decree to indemnify said individ-
ual, provided that nothing in this section
shall be construed to change or repeal sec
tions eight and nine of the act hereby
amended, approved October IA, 1879.
Sec 5. Be It further enacted by the au-
thority aforesaid, That the cases provided
in this act to be heard In the Superior Court,
or before the Judge thereof, may be carried
to the Supreme Court in the same way as
other civil cases, and there be disposed of as
other civil cases are disposed of.
Sec. 6. Be 1t further enacted, That all laws
aud parts of laws in conflict with this act
be and the same are hereby repealed.
SENATE PROCEEDINGS.
Mr.. Parks moved to reconsider action on |
the bill, lost Yesterday, amending the wild |
land act. The reconsideration was granted. |
The following bills were disposed Of:
The bill to regulate the wages Of teachers |
in public schools. Lost.
The bill to amend the act as to driving |
and grazing cattle. Passed.
The bill prohibiting the buying, selling |
or receiving Of seed cotton after dark. |
Passed.
The bill to incorporate the Lexington and |
South River Railroad. Passed.
The bill creating County Court in Wal |
ton county. Passed.
The bill amending the charter and chang |
ing the name of the cambridge, Cuthbert |
and Columbus Railroad. Passed.
The resolution paying members mileage |
for extra session. Passed.
After reading number Of House bills a |
first time the Senate adjourned to ten O'Clock |
Monday.