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2018 Georgia Code 46-2-55 | Car Wreck Lawyer

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 2. Public Service Commission, 46-2-1 through 46-2-95.

ARTICLE 3 INVESTIGATIONS AND HEARINGS

46-2-55. Compelling witnesses to testify before commission as to the giving or granting of rebates or as to discriminations in rates and charges by common carriers.

In investigating complaints of violations by common carriers of the laws prohibiting the giving or granting of rebates and prohibiting unjust discrimination in rates and charges, the commission may exercise the power and authority to compel the shipper or consignee, or any officer, agent, or employee of a common carrier to give evidence relating to such complaints. Before any such person shall be compelled to give evidence relating to such complaints, the commission shall make an order that such witness is required by the commission to testify and that he will be exempt thereafter from indictment or prosecution for any transaction about which he is compelled to testify. When such order is made, the witness shall be compelled to give evidence touching such complaints, and he shall be forever free from indictment or prosecution in any court touching the matters about which he is compelled to testify.

(Ga. L. 1896, p. 57, § 1; Civil Code 1910, § 2636; Ga. L. 1922, p. 143, § 5; Code 1933, § 93-506.)

Cross references.

- Prohibition against compelled self-incrimination, Ga. Const. 1983, Art. I, Sec. I, Para. XVI.

General prohibition against unjust discrimination in freight-transportation rates by common carriers, § 46-9-52.

JUDICIAL DECISIONS

Cited in Jenkins v. State, 65 Ga. App. 16, 14 S.E.2d 594 (1941).

RESEARCH REFERENCES

ALR.

- Constitutional provision against self-incrimination as applicable to questions asked or testimony given in proceeding before nonjudicial officer or body, 68 A.L.R. 1503.

Testimony of incriminating character which witness was compelled to give, by virtue of immunity statute or otherwise, as admissible in a prosecution of the witness for an offense subsequently committed, 157 A.L.R. 428.

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