O.C.G.A.

O.C.G.A. § 46-8-24 (2019)

Inspection by commission of contracts and agreements between railroad companies; disapproval of agreements; inclusion in agreements of rates exceeding rates fixed by commission

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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All contracts and agreements as to freight and passenger rates between railroad companies doing business in this state shall be submitted to the commission for inspection and correction so that it may be ascertained whether or not such contracts and agreements are in violation of the laws of this state, of the Constitution of Georgia, or of the rules and regulations of the commission. All arrangements and agreements whatever as to the division of earnings of any kind by competing railroad companies doing business in this state shall be submitted to the commission for inspection and approval, insofar as such arrangements and agreements affect rules and regulations made by the commission to secure to all persons doing business with such companies just and reasonable freight and passenger rates. The commission may make such rules and regulations as to such contracts and agreements as may be then deemed necessary and proper. Any such agreements not approved by the commission, or by virtue of which rates are charged exceeding the rates fixed by the commission for freight and passengers, shall be deemed to be violations of Article III, Section VI, Paragraph V(c) of the Constitution of Georgia and shall be illegal and void.

History

(Ga. L. 1878-79, p. 125, § 8; Code 1882, § 719h; Civil Code 1895, § 2193; Civil Code 1910, § 2638; Code 1933, § 93-303; Ga. L. 1983, p. 3, § 62.)

Annotations

JUDICIAL DECISIONS

Constitutionality. - Former Civil Code 1910, § 2638 (see O.C.G.A. § 46-8-24) was not in violation of U.S. Const., Amend. XIV, as being an unlawful interference with the liberty of contract, or a taking of property without due process of law, nor did it violate the due-process clause of Ga. Const. 1976, Art. I, Sec. I, Para. I (Ga. Const. 1983, Art. I, Sec. I, Para. I). Railroad Comm'n v. Louisville & N.R.R., 140 Ga. 817, 80 S.E. 327, 1915E L.R.A. 902, 1915A Ann. Cas. 1018 (1913).

Cited in Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

RESEARCH REFERENCES

Am. Jur. 2d. - 65 Am. Jur. 2d, Railroads, § 249.

ALR. - Power of public service commission to require railroad or street railway to extend its line or build new line to new territory, 2 A.L.R. 983; 30 A.L.R. 73.

Constitutionality of statutes providing for consolidation or merger of public utility corporations, 66 A.L.R. 1568.