Constitutionality.

- O.C.G.A. § 46-2-92 is not unconstitutional under U.S. Const., Amend. 14 as denying an opportunity to be heard. Wadley S. Ry. v. Georgia, 235 U.S. 651, 35 S. Ct. 214, 59 L. Ed. 405 (1915).

Effect of obtaining certificate from federal agency on failure to comply with order of commission.

- Where telegraph company obtained a certificate of public convenience from the Federal Communications Commission authorizing it to change the character and nature of the services rendered it by one of its local offices, failure of telegraph company to comply with rule of the Public Service Commission does not constitute a lawful basis for a recovery of a penalty by the state. Western Union Tel. Co. v. State, 207 Ga. 675, 63 S.E.2d 878 (1951).

Commission not authorized to grant reparations or compensatory damages.

- Public Service Commission is not authorized to grant reparations or compensatory damages, either by reason of a public utility collecting unreasonable rates, or by reason of the violation of any rule or regulation of the commission. The commission does not have the power to impose forfeitures or to provide for pecuniary recoveries. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

Penalty provisions apply only after commission order found lawful.

- Where judicial review is timely sought, the penalty provisions of the law apply only to subsequent violations after the order of the commission has been judicially established to be lawful order. Southern Ry. v. Georgia Pub. Serv. Comm'n, 218 Ga. 157, 127 S.E.2d 12 (1962).

Action to be brought in name of state.

- Under former Civil Code 1910, § 2666 (see O.C.G.A § 46-2-92) an action for a penalty for disobedience to the order of the commission must be brought in the name of the state by direction of the Governor. Wadley S. Ry. v. State, 137 Ga. 497, 73 S.E. 741 (1912), aff'd, 235 U.S. 651, 35 S. Ct. 214, 59 L. Ed. 405 (1914).

Cited in Savannah Elec. Co. v. Lowe, 27 Ga. App. 350, 108 S.E. 313 (1921); Georgia Power Co. v. Georgia Pub. Serv. Comm'n, 211 Ga. 223, 85 S.E.2d 14 (1954); Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).

Commission may not enforce rules, orders, or regulations by injunction.

- There is no provision of law which allows Public Service Commission to restrain any violations of its rules, orders or regulations by application for injunctive relief; the commission has the authority substantially similar to the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. §§ 1671-1686) to enforce its rules, orders and regulations by monetary sanctions, but not by injunction. 1969 Op. Att'y Gen. No. 69-48.

Am. Jur. 2d.

- 14 Am. Jur. 2d, Carriers, §§ 1205, 1206, 1207, 1210.

C.J.S.

- 13 C.J.S., Carriers, § 354.

ALR.

- Special services or facilities afforded by shipper as a factor in carrier's rates, 25 A.L.R. 191.

Right to maintain action against carrier on ground that rates which were filed and published by carrier pursuant to law were excessive, 97 A.L.R. 406.

Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.