“ The law has therefore always recognized that the company could exercise the one option or the other, according to the convenience of the parties, the course of trade, the sufficiency of the goods to pay the accruing charges, and other like considerations. ”

“ The Wadley Southern insists, however, that even if the commission had the power to make the order, the judgment imposing a fine of $1,000 for its violation should nevertheless be set aside for the reason that the statute-authorizing so enormous a penalty as $5,000 a day for violating lawful orders of the commission-operated to prevent an appeal to the courts by the carrier for the purpose of determining whether the order was lawful, and therefore binding ”

“ Rep. 185. A different view of the question has been taken by other courts (Adams Exp. Co. v. State, 161 Ind. 328, 67 N. E. 1033) , including the supreme court of Georgia, which, in the present case, held that the statute requiring railroads to furnish customary facilities for the interchange of freight, empowering the commission to prevent unjust discrimination, authorized that body to pass an order directing the Wadley Southern R. R. to discontinue the practice of requiring the Macon & Dublin Railroad to prepay freight to Adrian, while making no such demand from the Central Railway. ”

“ Railroad Commission v. Oregon R. & Nav. Co. 68 Whsh. 160, 123 Pac. 3. The act there under consideration imposed a punishment for violating orders of the commission, but gave the carrier adequate and available remedy by conferring upon it the right to a hearing in court as to their legality, otherwise it was to be treated as conclusive. Washington ex rel. Oregon R. & Nav. Co. ”