2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 2 - Establishment and Revision of Rates for Railroad Transportation
§ 46-9-20. Schedules of Transportation Rates for Passengers and Freight by Railroad Companies as Evidence of Just and Reasonable Nature of Rates; Commission to Change and Revise Schedules Periodically
Any schedule of rates and charges established by the commission for the transportation of passengers and freight shall, in actions brought against any railroad company involving the rates charged by the company for the transportation of any passengers or freight, or cars, including actions involving unjust discrimination in relation to such rates, be deemed and taken in all courts as sufficient evidence that the rates therein fixed are just and reasonable rates or charges for the transportation of passengers and freight and cars upon the railroads. The commission shall, from time to time, and as often as the circumstances may require, change and revise such schedules.
(Ga. L. 1878-79, p. 125, § 6; Code 1882, § 719f; Ga. L. 1888, p. 37, § 9; Ga. L. 1889, p. 131, § 1; Civil Code 1895, § 2190; Civil Code 1910, § 2631; Code 1933, § 93-310.)
Cross references.- Commission's power to determine just and reasonable rates and charges for railroad transportation, § 46-8-20.
JUDICIAL DECISIONS
Legislative intent.
- It was to meet conditions arising from emergency, no doubt, that the legislature provided in former Civil Code 1910, § 2631 (see O.C.G.A § 46-9-20), that the "commission shall, from time to time, and as often as the circumstances may require, change and revise such schedules" of rates. City of Atlanta v. Atlanta Gas-Light Co., 149 Ga. 405, 100 S.E. 439 (1919).
Courts have no power to control and make rates.- Making and controlling utility rates is legislative function delegated to quasi-legislative body and the Georgia courts have no power to control and make such rates. DeKalb County v. Southern Bell Tel. & Tel. Co., 358 F. Supp. 498 (N.D. Ga. 1972), aff'd, 478 F.2d 700 (5th Cir. 1973).
Rate-making power rests exclusively in Public Service Commission.
- The power to make intrastate rates in Georgia has frequently been held to be the exclusive prerogative of the Public Service Commission. Seaboard Air Line Ry. v. Lumberman's Co., 168 Ga. 851, 149 S.E. 128 (1929).
Establishment of rate by commission carries weight of legislative act.
- When commission establishes rate, such act is legislative in character, and binds all parties concerned in the same manner as if the rate had been fixed by an act of the General Assembly. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).
Rates operate prospectively and cannot be applied retroactively.
- Even if the commission, after fixing a rate or charge, subsequently determines that the rate was unreasonably high, it has no authority in the revision of the rate to require that refunds or reparations be made of collections under the rate which had been established. If, after fixing a rate which the commission determines to be just and reasonable, it decides that the rate is unreasonable or unjust, it has the right under the law at any time to revise or amend its rulings or orders but, like legislation in general, these revised orders look to the future, and cannot be applied retroactively. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).
Contracts fixing rates.
- Shippers and common carriers cannot by contract between themselves fix the rates to be charged on shipments of freight. Wight v. Pelham & H.R.R., 18 Ga. App. 195, 89 S.E. 176 (1916).
Rates fixed by commission considered reasonable.
- Rates within those fixed by commission are not unreasonable. Sorrell & Nall v. Central R.R., 75 Ga. 509 (1885).
Cited in Wadley S. Ry. v. State, 137 Ga. 497, 73 S.E. 741 (1912); Central of Ga. Ry. v. Milledgeville Ry., 138 Ga. 434, 75 S.E. 614 (1912); Georgia Pub. Serv. Comm'n v. Atlanta & W.P.R.R., 164 Ga. 822, 139 S.E. 725 (1927); Georgia Power Project v. Georgia Power Co., 409 F. Supp. 332 (N.D. Ga. 1975).
RESEARCH REFERENCES
ALR.
- Power of federal government over intrastate rates, 14 A.L.R. 454; 22 A.L.R. 1100.
Consideration of body of rates in determining the reasonableness of carrier's rates for a particular commodity, 15 A.L.R. 185.
Special services or facilities afforded by shipper as a factor in carrier's rates, 25 A.L.R. 191.
Power of public service commission to increase franchise rates, 28 A.L.R. 587; 29 A.L.R. 356.
