Southern Ry. Co. v. Melton
Citation | 65 S.E. 665,133 Ga. 277 |
Parties | SOUTHERN RY. CO. v. MELTON. [d1] |
Decision Date | 25 September 1909 |
Court | Supreme Court of Georgia |
Syllabus by the Court.
Rule 9 of the Railroad Commission of Georgia, adopted under authority of the act of 1905 (Acts 1905, p. 120), is as follows: Held, that such rule of the commission, made under authority of the act of 1905, is not unconstitutional and void on the ground that its adoption by the commission was an attempt on the part of that body to legislate, and was the exercise of a power which the Legislature could not delegate to the commission and the commission could not exercise, under the constitutional provision that "the legislative power of the state shall be vested in a general assembly, which shall consist of a Senate and a House of Representatives." Const. art. 3, § 1, par. 1. Fish, C.J., dissenting.
The act of 1905 expressly conferred upon the Railroad Commission the power to adopt the rule above quoted, and such rule was not invalid on the ground that the commission had no authority to make it.
The act of 1905 was not unconstitutional and void on the ground that the title was not sufficient to include the conferring of power in the body of the act upon the Railroad Commission to impose "penalties," or on the ground that the title did not cover the provision in the body of the act making regulations as to the placing of cars.
The requirement of furnishing cars for intrastate shipment, made by the rule of the Railroad Commission quoted in the first headnote, is not void as imposing a burden upon interstate commerce.
The repeal of sections 3 and 4 of the act of 1905 by the act of 1907 (Acts 1907, p. 72) did not repeal the entire act of 1905 so as to render unenforceable amounts which had accrued under it and the rule of the commission passed pursuant to it in favor of a shipper prior to the approval of the act of 1907 but which had not been presented to the Railroad Commission in accordance with section 3 of the act of 1905.
Penal laws strictly and properly are those imposing punishment for an offense committed against the state, and which, by the English and American Constitutions, the executive of the state has the power to pardon.
Every improper detention of a vessel may be considered a demurrage and compensation in that way may be obtained for it (citing Words and Phrases, vol. 2, p. 1981).
Certified from Court of Appeals.
Certified questions in an action by the Southern Railway Company against C. W. Melton from the Court of Appeals to the Supreme Court. Questions answered.
The Court of Appeals certified to the Supreme Court the following questions:
The act of 1905 (Acts 1905, p. 120), which it is claimed conferred the power upon the Railroad Commission to adopt the rule in question, has the following caption: "An act to further extend the powers of the Railroad Commission of this state and to confer upon the commission the power to regulate the time and manner in which the several railroads in this state shall receive, receipt for, forward and deliver to its destination all freights of every character, which may be tendered or received by them for transportation; to provide a penalty for noncompliance with any and all reasonable rules, regulations, and orders prescribed by the said commission in the execution of these powers, and for other purposes." The first section of the act is as follows: "That from and after the passage of this act, the Railroad Commission of this state shall be, and is, hereby, vested with full power and authority to make, prescribe, and enforce all such reasonable rules, regulations, and orders as may be necessary in order to compel and require the several railroad companies in this state to promptly receive, receipt for, forward and deliver to destination all freights of every character which may be tendered or received by them for transportation; and as well such reasonable rules, regulations, and orders as may be necessary to compel and require prompt delivery of all freights, on arrival at destination, to the consignee." The second section provides: "That whenever a shipper or consignor shall require of a railroad company the placing of a car or cars to be used in car load shipments, then, in order for the consignor or shipper to avail himself of the forfeitures or penalties prescribed by the rules and regulations of said Railroad Commission, it must first appear that such shipper or consignor made written application for said car or cars to said railroad; provided further, that such Railroad Commission shall, by reasonable rules and regulations, provide the time within which said car or cars shall be furnished after being ordered as aforesaid, and the penalty per day per car to be paid by said railroad company in the event such car or cars are not furnished as ordered; and provided further, that in order for any shipper or consignor to avail himself of the penalties provided by the rules and regulations of said Railroad Commission, such shipper or consignor shall likewise be subject, under proper rules to be fixed by said commission, to the orders, rules and regulations of said Railroad Commission." The third section is: "That before any railroad company is...
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