UNIVERSITY of CALIFORNIA AT LOS ANGELES LIBRARY GENERAL LAWS AND CONSTITUTIONAL PROVISIONS OF THE State of Washington RELATING TO EAILROADS TOGETHER WITH ANNOTATIONS OF THE LAWS OF OTHER STATES RELATING TO RAILROAD COMMISSIONS COMPILED AND ANNOTATED BY .T. AV. LYSONS PUBLISHED BV AUTHORITY OF 1ie Railroad Commission of Washington COMMISSIONERS: H. A. Fairchild, Chairman John C. Lawrence Jesse S. Jones O . ( ) . C A r . 1 ) i; li H 10 A d . Secrela ry Oi.YMPJA, Wash.: C. W. GoHHAM, State Pkintkh 1907 96843 n ] s T^BLK OK CONTENTS. CONSTITUTIONAL PROVISIONS RELATING TO RAILROADS. Article 12, Constitution of Washington. Section 1. Corporations, How Formed. Regulated or Restrained by Law. 5. Term "Corporation" Defined. Right to Sue and Be Sued. 10. Eminent Domain Affects Corporations. Legislature May Take Property and Franchises of Corporations. V 13. Regulation of Common Carriers. VN. Subject to Legislative Control. Railroads May Cross or Connect With Each Other. Railroads Must Transport Each Other's Passengers, Cars, Etc. ^ 14. Combinations by Carriers Prohibited. »^ 15. Discriminating Charges Prohibited. Charges for Long and Short Haul. Excursion and Commutation Tickets. 16. Competing Lines Cannot Consolidate. 18. Maximum Rates for Transportation. Legislature to Prevent Discrimination. Railroad Commission May Be Established. 20. Free Tran3])ortation Prohibited. Legislature to Enforce This Section. 21. Relations Between Express and Railroad Companies. 22. Monopolies and Trusts Prohibited. Legislature to Enforce This Section RAILROAD COMMISSION LAW OF 1907. Sectio.x 1. Three Commissioners to be appointed by Governor. Term of office six years. May be removed by the Governor. (a) To hold no other office. (ft) Vacancies filled by the Governor. (c) Give Surety Bond for $20,000. , (d) Salary of $4,000. TABLE OF CONTENTS Section 2. Organization of Commission. Secretary, Clerks, Experts, Engineer, etc. Official Name and Seal. Supplies on order of the Governor. Traveling Expenses to be Paid. (a) Sessions May be Held at Different Places. 3. General Grant of Powers. TarilT Charges, Train Service, Equipment, etc. Commission May Order Changes in Service. Power to Correct Unreasonable Charges. Demurrage and Reciprocal Demurrage. May Declare What is Just and Reasonable Rate. Proceedings in Court. Time of Action and Right of Appeal. (a) Commission May Rescind or Amend any Order. (b) May Petition for Rehearing after six Months. 4. Joint Railroad Rates and Division Thereof. 6 Refusal of Railroad Agents to Obey Orders Com- mission. Recovery of Penalties. 6. Complaint About Rates, Train Service, etc. Thirty Days' Notice of liearing. Complaints in Name of Commission. Several Complaints May Be Joined in One Hearing, (a) May Require Bulletining of Trains. May Promulgate Demurrage Rules. Railroads May File Objections Within Twenty Days. Commission May Make Rules to Govern Proceedings. I , (b) Commissioners May Take Oaths. Issue Sub- poenas, etc. Superior Court May Compel Attendance of Witnesses Number of Witnesses May be Limited (c) Complaintant May Appeal from Order of Com- mission. 7. Rates Fixed are Provisional if Appealed From. Final Judgment Absolute. 8. Burden of Proof After Rate is Fixed 9. Superior Courts to Have Jurisdiction. Action by Attorney General in Name of State. Precedence in Superior Court. Enforcing Court Decree. May petition for Modification of Decree. . , Precedence in Supreme Court on Appeal. 10. Railroads Must Furnish Rate Schedules, etc. Rate Schedules Must be Filed at Stations. IL Inspection of Railroad Books and Records. (a) Liability for Refusal to Allow Inspection. ' TABLE OF CONTENTS Section 12. Commission to Ascertain Cost of Railroad Con- struction. Capital Stock. Expenses, Earnings. Grades, etc., etc Commission to Have Hearings to Fix Values, etc. 1 Evidence to be Introduced and Findings of Fact Made. Appeal May be Taken from Findings Made. Experts May be Employed by Commission. 13. Commission to Prescribe Blank Forms for Railroads. Penalty for Refusal to Produce Records and Ac- counts. (a) Agents Must Produce Books and Give Testi- mony. (&) Commission to Make Annual Report to Governor (c) Investigate Through Rates and Report to Inter- state Commission. (f) Railroads Must Produce Records or Copies. 14. Witness Fees, Mileage and Depositions. No Fees to Be Paid Railroad Witnesses. 15. Unjust Discrimination in Rates or Service Prohibited (a) No Preference to Shipper or Localities. (b) Business Must be Handled as Prescribed by- Rules. Connecting Lines Must Handle Bu.-iues& Promptly'. (c) Long and Short Haul Rules. (fZ) Penalty for Violation of This Section. (e) Free and Reduced Transportation. if) Free Transportation for Live Stock Attendant. 16. False Billing, Classification, etc.. Prohibited. 17. General Liability for Refusal to Obey Law. 18. Penalty for Violation of Commission Law. 19. Suits in Superior Court of Thurston County or Other County. 20. Certified Copies of Rates, Orders, Rules, etc. Fees to be Charged for Certain Copies Furnished. 21. Commission to Enforce all Railroad Laws. Attorney General to Institute Proceedings. 22. Terms "Road," "Railroad," "Express," etc., Defined. Street Railroads Not Included in Law. "Demurrage" and "Reciprocal Demurrage" Defined. 23. Right of Action and Cumulative Penalties. Liability of Live Stock Carriers. 24. Appropriation for Commission, Law of 190,5. 25. Repeal Clause. 26. Constitutionality of Law or any Section. 28. Accidents to be Investigated by Commission. 29. Railroads Must Keep Car Distribution Book. 30. Commissioners Must be Confirmed by Senate. TABLE OF CONTENTS Seclion 81. Defective Cars or Structures Must Not be Used. 32. Proper Equipment and Safety Appliances. 33. Inspector of Safety Appliances and Tracks. 34. Duties of Inspector of Safety Appliances and Tracks. 35. Commission to Condemn Defective Cars and Tracks. 36. Railroad Officers Must Make Repairs When Directed. 37. Monthly Reports of Collisions and Accidents. 38. Liability of Railroad Officers for Refusal to Obey Law. 39. Demurrage and Ilecipro.;,il DiMnuiTage. Ho. Maximum Fceiyht Rate Liw of '93 on Grain, Hay, Etc., $5. 70. .Maximum Freiirht Rato Law of "93 on Grain, Hay, Etc.. $4.75. 75. Maximum Freijfiit Rale Law of "97 on Ag^ricultural Product!^. 94. Care of Livestock in Transit. 95. Bicycks Declared lo Be Baggage. 96. Prohibiting Blacklisting. 97. Prohibiting Importation ol Infected Horses and Cattle. 100. Appointment of Lumber and Shingle Weighers. 110. Cars Loaded With Lumber to Be Weighed. 116. Maximum Passenger Rates. 120. Ticket Scalping Prohibited. 128. Hours of Service of Railway Employes. 130. Railroads to Fence Riyht-of-Wav. 133. Regulations Governing Frogs and Switches and Flagmen. 136. Overcharges to Be Refunded with Interest. 1.37. Flat Cars to Be Equiped with Stakes, Etc. 139. Purchase of Uniforms by Railway Employes. Synopsis of Commission Laws of Other State* CONSTITUTIONAL PROVISIONS. ARTICLE 12 of the Coxstititiox of Washington, on the sub- ject of Corporations Other Than Municipal, contains the fol- lowing provisions relating to railroads. In the annotations following each section the Roman numerals re- fer to the Article and the figures to the Section thereof of the Consti- tution of the state named. Skctiox 1. Cor uordi ions, Hoic Fovmed. — Corpora- Under ' r general tions may be foniu'd under ; N. V.. Vlll.. :!; N. C..V1II.. :!: -V. D.,VII., 144: Okla., IX., 1: Penn.. XVI., i:!: S. IX. XVll.. lit; llah. .\ll.. 4. Skc. 10. Kniiiieuf Doiiniiu Afj'erting. The ixeri'ise of i'/,',"]|!'I,^\\, the right of eminent domain shall nt'xer be so abi'idged or nlf^u^'io.*'"^'' construed as to prexcnt the Ltgislature fi'om takmg the ])rof)ei-ty and franchises of incor|)()rated companies, and 8 RAILROxVD LAWS OF WASHINGTON subjecting tliein to public use the same as the property of individuals. Ala., I., 24; Ark.. XII, 9; XVII, 9; Cal., XII., 8; Colo., XV., 8; |Idaho, XI., S; HI.. XI., 14; Kan., XII, 4; Ky., 211; La., 243; Mich., XV., 9; Minn., X., 4;. Miss., 190; Mo., XII., 4; Mont., XV., 9; Neb., XI., 6; Nev., VIII., 7; N. D., VII., 134; Ohio, XIII., 5; Ore., XI., 4; Penn., XVI., 3; S. C, XII.. 3; S. D., XVII., 4; Utah, XI., 11; W. Va., XI.. 12; Wyo., X.. 9. Skc. 13. Common Carriers, Regulation of. — All rail- controt*'^*^ road, canal and other transportation companies, are de- clared to be common carriers and subject to Legislative control. Any association or corporation organized for the purpose, under the laws of this State, shall have the right to connect at the State line Avith railroads of other states. Every railroad company shall have the right with its road, whether the same is now constructed or may here- after be constructed, to intersect, cross or connect with any Cross or other railroad, and when such railroads are of the same or connect with other roads, similar guage they shall, at all crossings and at all points Avhere a railroad shall begin or terminate at or near any other railroad, form proper cormectioiis so that the cars of any such railroad companies may be speedily trans- ferred from one railroad to another. All railroad corn- other cars panics shall receive and transport each the other's passen- to be re- ^ r r trarfsported r^^^'^-> tonnage, and cars, without delay or discrimination. Ala.. XTV., 21; Ark., XVII.. 1; Cal.. XII., 17; Colo., XV., 4; Fla., XVI.. 30; Idaho, XL, 5; III., XI., 12; Ky., 216; La., 243. 244; Miss., VII., 184; Mo., XII., 14; Mont., XV., 5; Neb., XL, 4; N. D., VII.. 142. 143; Okla., IX., 2, 3; Penn., XVII., 1; S. D., XVIL. 15. 16; Tex.. X.. 1. 2; lUah, XII., 12; W. Va., XL. 9; Wyo., X.. 7; Xa.. 1. 2. 4. Sec. 14. Prohibition Against Combination bij Car- No combine fiers. — No railroad companv or other cjonimon carrier on earnings. ' shall combine or make any contract with the owners of any vessel that leaves port or makes port in this State, or with any connnon carrier, by which combination or contract the earnings of one doing the carrying arc to be shared by the other not doing the cai'rving. Cal.. XII.. 20; Idaho. XL. 18; Ky.. 214; Mont.. XV., 2n. Sec. 15. Prohibition Against Discriminating Charges. No discrimination in charges or facilities for transporta- CONSTITUTIONAL PROVISIONS 9 tion shall be made by any railroad or other transporta- ,^atioTbe^' 1 i 1 • ii i- ■^•>.• tween per- tion conipaiiv between places or persons, or m the facilities sons or i> i» • 1 places. for the transportation of the same classes oi freight or passengers within this State, or coming from or going to anv other state. Persons and property transported over long^lnd any railroad, or by any otlier transportation company, or individual, shall be delivered at any station, landing or port at charges not exceeding the charges for the trans- portation of persons and property of the same class, in the same direction, to any more distant station, port or II- T?! • J i- 4-- i." 1 4- I ; . Excursion landing. JhjXcursion and commutation tickets may be is- tickets. sued at special rates. Ark.. XVII., 3: Cal.. XII.. 21; Colo.. XV., 6: Ga., IV., 2; Idaho, XI., 6; Ky.. 213, 21S; Mich., XlXa., 1; Mo., XII.. 12. 23; Mont., XV.. 7; Neb., XL, 7; Okla., TX., 30; Penn., XVII., 3, 7; Tex., X., 2. Sec. 16. Prohibition Against Consolidation of Com- solkJate ^*'"" ,. , . ..^ ., ' , . , ,, T 1 . competing peting Lines. — .\o railroad corporation shall consolidate lines, its stock, property, or franchises with any other railroad corporation owning a competing line. Ark.. XVII.. 4; Colo., XV., 5; III., XI., 11: Ky.. 201: Mich.. XlXa., 2; Mc, XII., 17; Mont., XV., 6; Neb., XI., 3; N. D.. VII., 141; Okla., IX., 8, 9; Penn., XVII., 4; S. D., XVII., 14; Tex., X.. 5: I'tah., XII., 13; W. Va., XL, 11; Wyo.. X., 8. Sk< . IS. Maximum Bates for Transportation. — The Maximum ' ' rates. Legislature shall pass laws establishing reasonable maxi- iiiuiii rates of charges for the trans]M)rtati(in of ]>assen- gers and freight, and to correct abuses and to prevent discrimination and extortion in the rates of freight and (^,.'JmJn"a\ion' passenger tariff's on the different railroads and other com- mon carriers in tlie State, and shall enforce such laws by adequate penalties. A railroad and transportation com- I'-^tabiish ' ' • railroad mission may be estal)lished, and its powers and duties *"'f""i'^«if>n- fully defined by law. Ala.. XIV., 22; Ark.. XVII., 10; Cal.. IV., 22, ;J3; Fla.. X\'l.. :iO: 111., XL, ir.; Ky., 196, 209; Mich.. XlXa., 1; Miss., VIL, 186; Nol... XL. 4: Okla., IX., :^7; S. D.. XVIL, 17; Tex., XIL, 3. 4; ftah. XIL. IB. Si;( . ^0. Prohibition Against Free Transportation for ''''? tfa'is- " ' ' ])()rtatlon Public Owners. — No railroad or other transportation com- i"'*'!"''"'"**- pany shall grant free passes, or sell tickets or passes at a 10 r.AlLLlOAD LAWS OF WASLHXGTON All express eompanies to have same treat- ment by railroads. Monopolies and trusts prohibited. Duty of Legislatire. (liscoiiiit, otluT than sold to tlic [)ublic generally, to any incmhei- of" \hv lAo-i.slaturc, or to nny person liolding any public offico within this State. The Legislature shall pass laws to cai'ry this provision into effect. .Ma. XIV., 2S: Ark., XVII., 7: Cal., Xll.. 19; Fla., XVI., :l: Idaho, XL, (!: Ky., 197; Miss., VII., l.SS; Mo.. Xll., 24; N. Y., XIII., '>: Okla., IX., 13; Penn., XVII., 8. A public officer traveling upon a free pass issued by a trans- portation company is estopped from setting up in a certain action for damages arising from ttie negligence of the company, that the pass issued to him was void under the constitution, and that the condition attached to its acceptance and use were, consequently, inoperative. Muldoon v. Seattle City Ry. Co., 10 W., 311. A notary public is a public officer within the provision of Art. XIII., Sec. 5, N. Y. Const.: Providing, That any public officer who shall travel on a free oass shall forfeit his office. People V. Rathborne. 32 N. Y. Sup., 108. Sec. 21. Express Companies. — Railroad companies, now or hereafter organized or doino- btisiness in this State shall allow all express companies organized or doing* busi- ness in this State transportation over all lines of railroad owned or operated by such railroad companies upon equal terms with any other express company ; and no railroad corporation organized or doing business in this State shall allow any express corporation or company any facilities, privileges or rates for transportation of men or materials or property carried hy them, or for doing the business of such express coni})ani. 4, G, 12, 13, 15, 20 and 22 [and 23] of an act entitled "An act to establish a Railroad Commission for the State of Wash- ington whereby discrimination and extortion in railroad and express charges may be prevented and reasonable and just freight and passenger service and tariff may be corrected and established; to authorize the Commission to malve all neces- sary rules and regulations for its governmen; and the carry- ing into effect the provisions of this act; to give to said Commission the power to regulate the sale of railroad tickets, and to correct and provide charges for hauling loaded or empty cars, proper trackage, proper train service, sufBcient freight and passenger rooms, and just and reasonable joint rates and demurrage charges; to prescribe penalties for the violation of this act, and to provide means and rules for its proper enforcement, and making an appropriation therefor," approved March 7, 1905, being chapter 81 of the Laws of the Legislature of the State of Washington passed in the year 1905; and to authorize the Commission to provide for proper railroad connections and sidings; to provide proper and rea- sonable charges or penalties to be paid by shippers for failure to promptly load and unload cars; to provide proper and rea- sonable charges or penalties to be paid by railroads to ship- pers for failure to promptly furnish cars and equipment after demand therefor, or to promptly and expeditiously deliver cars and freight to the consignee, and to make all necessary rules and regulations to carry such provisions into effoct; to au- thorize and empower said Commission to ascei'tain the value of all railroad i)ropprty in this state for the public con- venience; to authori/.e the Commission to make fiin;in.i?s thereon and establish rules of evidence governing the same; to authorize said Commission to designate certain 12 RAILROAD LAWS OF WASHINGTON books and accounts to be kept by the railroad and express companies doing business in this state; providing for safety appliances and track inspection; authorizing said Commission to investigate accidents; and to provide penalties for the viola- tion of this act, and declaring an emergency. (Laws 1907.) Be il ciutclcd hi/ llic Lff/ishil III (' of ilic Sf/tic ()l']V/is]nii(/fon : 1. (1) That a Railroad C'oniini.ssion is hereby created, to he composed of three persons to be appointed Governor to })y tJic Governor. Witliin thirty days after this enact- appoint— ' . ^ term. ment shall go into effect, three commissioners shall be appointed, one of whom shall be designated as chairman, one for the term of six years, one for the term of four years and one for the term of two years ; and thereafter the term of each commissioner shall be six years from the date of the expiration of the term of his predecessor. Each commissioner shall hold office until his successor shall liave been appointed and qualified. A commissioner may be removed by the Governor for any cause which he shall deem stifficient, which power of removal shall be absolute, and there shall be no riglit to review of the same in any court whatsoever : the cause or causes for such removal shall be set forth by the Governor in a written statement which shall he immediately filed with the Secretary of State. Ala., 1. 4, .5, 7, 31; Ark., 1, 4; Cal., 4, 16, IS, 19; Colo., 18; Conn., 1, 2; Fla., 1.2, 5; Ga., 1, 3, 5; 111., 33; Ind., 1, 2; la., 84, 85, 86; Kan., 55; Ky., 1, 2, 4, 5; Me., 11; Mass., 2, 3,; Mich., 1, 3; Minn,, 1, 2, 5; Miss., 14, 15, 16; Mo., 1; Mont., 1, 2, 11, 66; N. H., 1, 2, 3 4, 5, 6; N. Y., 2, 3, 4, 5, 6; N. C, 16, 17; N. D.. 18; Ohio, 1, 3; Okla., 12; Ore., 1; Fa., 1; R. I., 4, 42; S. C, 17; S. D., 41, 42, 104; Tenn., 19; Tex., 1, 2; Vt., 1, 2, 3; Va., 1, 7; Wis., 1, Removals. Shall not hold any other office. {(i) No commissioner appointed under this act shall hold any other office tinder the government of the United States, or of this state, or of any county or municipal cor- poration within tliis state; and shall not, while such Com- missioner, engage in any occupation or business incon- sistent with his duties as such Commissioner. Ala., 16; Ark., 3; Cal.. 5; Colo., 19; Conn., 3; Ga., 2; 111., 34; Ind., 6; la., 34; Kan., 56; Ky,, 3; La., 17; Mich., 2, 4; Minn., 3; Mo., 2; Mont., 3; N. H., 113; N. Y., 12; N. C, 18; N. D., 20; Ohio, 2, 4, 5; Okla., 13, 14; Ore., 3; S. D., 43; Tenn., 24, 25; Tex., 3; Vt., 4; Va., 3; Wis., 2, 4, 5. AMENDED COMMISSION LAW 13 (b) The Governor shall fill all vacancies in the office Vacancies. of Commissioner by appointment, and the person so ap- pointed shall fill out the unexpired term of his predecessor. Cal., 17; Ga.. 7; Mont., 4, 5; Ore., 2. (c) Before enterincr upon the duties of his office each ^f"'"^*g^;„^^^J of said Commissioners shall give a surety company bond (the cost of said bond to be paid by the state) in the sum of twenty thousand ($20,000) dollars, payable to the State of Washington, conditioned upon the faithful per-' formancc of his duties, and shall take and subscribe to the usual oath of office prescribed by law for state officers, and ^^^^ °^ shall in addition thereto swear that he is not directly or in- directly interested in aii}^ railroad or express company, noi- the bonds, stock, mortgages, securities, contracts, or earn- ings of any railroad or express company, and that he will, to the best of his ability faithfully and justly execute and enforce the provisions of this act and all laws of this state concerning railroad or express companies, which oath shall be filed with the Secretary of State. Fla.. 6; Ga., S; 111.. 2.5; Tnd.. 5; Kan.. .57; Mass.. 6; Mo.. 14; N. D.. 21; Ohio, 6; Ore., 4; Pa., :3; S. D., 50; Tenn.. 26; Yt., 7. (d) Each of said ("ommissioners sjiall receive an an- Salary nual salary of four thousand dollars, j)ayable in the same manner as the salaries of othci" state officers. (Laws TOO-').) Cal., 21; Colo., 20; Fla.. :!; C,a., 1; 111.. :«i: la., G3; Kan.. 4; Ky.. 7; l.a.. 12; Mass., 7; Mich., 5; Minn., 4; Mo., 13; Mont., 13; N. H.. 4; N. Y., 16; X. D., 22; Ohio, 7; Pa.. 1(5; R. I., 43; S. D., 51; Tenn., 21; Tex., 4; Vt., 42, 43; Wi.s., 6. 2. (2) Tile Commission appointed shall meet at the (^r.i,'aniza- state capitol and organize. A majority of said Com- missioners shall constitute a (juorum to transact business. Qunium. Said Commission niav appoint a secretarv at a salarv of Secretary and salary not more than two thousand dollars per aniunn, an expert thereof. rate clerk and statistician at a salarv of not to exceed two '''\'^' ,*''t'*^. and slatisti- thousand dollai"s per annum, a civil enfi'ineer at a salarv of '''}" ^"'^ t ^ f~< . salary not to exceed two thousand dollars per aiuuini. and a sten- thereof. ographer com})etent to report hearing at a salary of not rvnn^^sa\-' to exceed fifteen hundred dollars per annum, and may ap- '""^ leno . J4 RAILliOAD LAWS OF WASHINGTON Clerks. point such clerks as may l)c necessary, not to exceed three in iHiniher, at a salary of* not to exceed twelve lunidred dol- lars per annum each, and such other persons as experts as may \)v necessary to perform the duties that ma}' be required of them by this act. The secretar}^ shall keep full Minutes. m^,} con-cct minutes of all transactions and proceedings of said Commission, and perform such duties as may be re- (juired by the Commission. The Conmiission .shall have power to make all needful rules for their government and Official proceedings. They shall be known collectively as "The name and -jo.. .seal. Railroad Connnission of Washington," and shall adopt and use an official seal. They shall be furnished with an office at the state capitol, and with necessary furniture, station- upp les. ^^j.^, ^j^jj ^uppjipg^ Iq \^(> paid for on the order of the Gov- ernor. The Connnissioners shall reside at the state capital. Traveling 'j'jjj^ Commissioners, secretary and clerks, if any, shall be expenses. ' •' ^ .7 ■> entitled to receive from the state their actual ncessary traveling expenses while traveling on the Inisiness of the Connnission, to be paid upon the presentation to the State one ers. Auditor of an itemized statement thereof, with vouchers at" tached sworn to by the party who incurred the expense and approved by the Connnission. Ala.. 2, 3, 8, 10; Ark., 5, 6, 7, 8. 10, 11, 13, 15, 16, 73, 79; Cal., 20, 22, 23. 24, 30, J5, 37; Colo., 46; Conn., 4, 5, 6, S; Fla.. 4, S, 9; Ga., 9, 10; 111.. 37, 38, 53; Ind., 7, 8, 9, 11, 15; la., 21, 23, 54, &7; Kan., 1, 2, 3, 59; Ky.. S, 9; I.a.. 2. 5, 13; Mass.. 4, 5, S, 9, 33; Mich., 6, 8, 9, 10, tS; Minn., 6, 7, 9, 10. 11; Miss., 17, 18, 20, 21, 69; Mo., 15; Mont., 6, 7, 9, 10, 12, 14. 15, 16; N. H., 7, 8, 11: N. Y.. 8, 9, 10, 11, 13, 18, 19, 20; N. C, li9, 34; N. D., 19, 23, 24, 25, 84; Ohio. 8, 9, 10, 11, 12, 13; Okla. 19, 34; Ore., 5, 6; Pa., 2, 17; S. C, 21, 24; S. D., 44, 45, 46, 47, 48; Tenn.. 4. 7, 20, 22, 23; Tex., 5, 6, 7, 8; Vt., 6, 8, H, 13. 14, 2:^ 44; Va.. 4, 5, 7. 8. 10. 11, 23; Wis., 8, 10, 11, 13. 14, 49. Session.s. (.^^ Said Commission may hold sessions at any place in this state when deemed necessary to facilitate the dis- charge of their duties. (Laws 1907.) Ark., 19; Cal., 31, .32; Colo.. 47; Fla.. Id; Wis., 12. 3. (3) That the freight and passenger tariffs, charges for transportation of loaded or empty cars, whether said freight or cars be transportated over one line of railroad or over two or more lines of railroad, charges for demurrage and reci})rocal demurrage, as hereinafter Power of mmis- inn. AMENDED LOMMISSIOX E.WV 15 defined, trackaov, railroad coiiiieetioiis, sidiiio-s, eiiulpnieiit, ^^^'j?^^^p^^*" facilities, train service, waiting rooms for passcng-ers and tr-u-k^co^u- roonis for freight and baggage at all stations of railroads, "rai,',""erv- and charges tor every kind and class ot property, nioncy, i-oo^s. ex- papers, packages and all other things to he charged for (.i,;iVge, etc.. and received by eacli express coin})any, on all such })rof)- sDiuibie ami 1 II- 1 • I 1 J.I suffirient. erty, money, pa[)ers, packages and thmgs which by the contract to carry are to be transported by said express company, to be demanded, collected, enforced or per- foinied by railroad or exf)ress c()m})anies shall be ,just, fair, reasonable and sufficient; and the said Railroad ("ommis- sioii of Washington is hereby vested with power and an- (^,'^ thority, u})on complaint made as hereinafter provided or ^ by in()uiry upon their own motion, after a full hearing, to Miake any finding declaring any existing rate or absence of rate, joint or otherwise, for the transportation of })ersons or property, or any regulation whatsoever affecting said rate or charge for transf)ortation of loaded or empty cars, whether the said rate charged be over one line of railroad or over two or more lines of railroad, or de- murrage or reciprocal demurrage or the sufficiency of the trackage, raih'oad connections, sidings, e(jui})ment, facil- ities, train service, and waiting rooms for passengers and rooms for freight and baggage to he unreasonable, or unjustly discriminatory, or Insufficient, and to declare and order what shall be a .just and reasonable rate, .joint or otherwise, practice, rule, regulation or thing to be charged, imj)osed, enforced or performed or followed in the future in the place of that found to l;e unreasonable, or unjustly diseriminatorv or insufficient, and to ordn- that ' order, mission, rescind, alter or amend any order fixing any rate or rates, fares, charges or classifiications, or any other order made by the Commission ; and certified copies —2 18 RAILROAD LAWS OF WASHINGTON of the same shall be served and take effect as in said act provided for original orders. Ala., 77; Ohio, .'9; Ore., 26; Wis., 51, 58. In case no n^\ j^ case any order of the Commission made as appeal is ^ ' -^ taken from Jiei-^in provided shall not be appealed from or reviewed order. ^ ^^ within the time herein provided, any railroad of other person or corporation affected or aggrieved by any order of the Commission, and being dissatisfied with any order Railroads Qf ^}^g Commission fixing; any rate or rates, ioint or may after tr< j ^ o SIX months otherwise, or fixing a division of any ioint rate, o.^" bcina; trial of or- ' fc> .'J ' a der petition dissatisfied with any fares, charges, classification, or any for rehear- .' ' & ' •> j ^"^- order fixing any regulation, practice or service, may, after the expiration of six months after the taking effect of such order, petition the Commission for a rehearing upon the matters involved in such order setting forth in such petition the grounds and reasons for such rehearing, which rehearin"^*"^ grounds and reasons may comprise and consist of changed conditions since the promulgation of such order, or by showing a result from the effect of such order injuriously affecting the petitioner which was not considered or antici- pated at the time of the former hearing, or for any good and sufficient cause which for any reason was not consid- ered and determined in such former hearing. Upon the filing of such petition proceedings shall be had thereon as are provided in this act for other hearings, and appeals may be prosecuted the same as provided for other orders nf the Commission : Provided, however. That No injunc- ^o injunction or restraining order shall issue staying any issue ac- order of the Commission based on or by reason of such count re- ■' hearing. petition for rehearing, and no order of the Commission made on such rehearing shall affect any right of action or penalty accruing under such original order, unless so ordered hy the Commission. (Ch. 226, Laws 1907.) Colo., 35, 42; Ind., 35; Mich., 5S; N. Y., ?A. 32. Joint rate. 4. (4.) That when the rate, fare or charge substituted or established by the Commission, as hereinbefore provided, shall be a joint rate, and the railroad or express companies AMENDED COMMISSION LAW 19 parties thereto, fail to agree upon the apportionment or division thereof among tlicmselves within 10 days after notice of such order, tlie Commission may issue a supple- mental order, declaring the portion of such joint rate to S^vfsion^of be received by each railroad or express company party ^^t^^^- thereto, which shall take effect of its own force as part of tlie original order, and such supplemental orders shall be subject to review by the said superior court within the ^®^j!^®^ ^^^' time and in the manner hereinbefore provided for the re- view of original orders of the Commission. (Ch. 226, Laws 1907.) Ala., 50, 122; Ark., SO; Ind., 14; la.. 3(1; Miss., 38; Ore., 12; S. D., 8; Tex., 14; Wis., 52. 5. (5) That if any railroad or express company, or ^/^||gp|^°J officer, or ag-ent thereof, bound thereby, shall refuse or of agents— 'a ^ •' ' penalty. neglect to obey or perform any order of the Commission mentioned in this act, the Commission may apply by peti- tion to the superior court of this state, in any county in this state, in or through which the said railroad or express company is doing business, to enforce obedience to its order by writ of injunction or other appropriate process, and in addition thereto, the offending party shall, for each day of the continuance of said refusal or neglect, be sub- ject to a penalty of two hundred and fifty dollars, which Penalties "^ together with the cost of suit, shall be recoverable by the Commission in an action instituted by it, on the relation of the State of Washington, in the su])erior court of the State of Washington, in any county in this state, in or through which said railroad or express company runs or does business. (Laws 1905.) Cal., 12; Colo., 3fi; Ga.. 39; la., 37, 48, 52; Kan., 46, 47; Mich., 4fi; Minn., 2S; N. Y., 75; Ohio, 77; Ore., 41; Tex., 53. 6. (6) When complaint is made to the Commission in Corni)iaints . . . . , as to writing by any person, firm, corporation, chamber of com- char^e-s or merce, board of trade, or any comuiercial, mercantile, agricultural, or manufacturing society, or any bodv po- litic or nnmicipal corporation in this state that any freight 20 RAILROAD LAWS OF WASHINGTON or passeii<)'er tariff' rate or charge, or absence of tariff rate or charge, joint or otherwise, for the transportation of passengers or loaded or empty cars, whether the same be over the line of one railroad company or over the lines As to con- q£ ^^^.jj ^Jy. jj^ore railroad companies, or trackage, railroad sidings, connections, siding;, or char2:e for the storing and liandl- storage. 'to' to to ing of freight, rates of charge for all kinds or classes of property, money, packages, papers, or other things to be charged for and received by each railroad and express company, which by the contract of carriage are to be transported by said railroad or express company between points within this state, is unreasonable or unjustly dis- insufficient criminatorv, or that any train service of railroads, waiting •' •' rooms, train yvhetlier freight or passenger, or the amount of trackage, service, to x- to ' to ' ^^^^- or waiting rooms for passengers, or rooms for freight or baggage at any station, or that cars of same are insuffici- ent or improper, the Conmiission shall thereupon give to noticTof^^^ ^^^^ railroad or express company to be affected thereby, hearing. thirty days' written notice of the time and place when and where such complaint will be heard, and said railroad or express company shall be entitled to be heard at such time and place, to the end that justice may be done, and the Commission shall issue process to enforce the attendance how'^se^rved ^^ ^^^ necessary witnesses. All process herein provided for shall be served as in civil cases ; issue shall be made up without delay as nearly as practicable as in civil cases ; sucli complaint shall be instituted in the name of the Com- Compiaint mission, and all railroads, express companies, and carriers in name of ' r- r- :> Commission interested, shall be made parties to the hearing, and on such hearing all complaints made concerning any rates, or absence of rates, joint or otherwise, charges, tolls, suffic- ciency of train service, trackage, railway connections, sid- ings, equipment, or facilities, rules and regulations, or other matters upon which complaints may be founded, may be joined in one hearing, and no motion shall be enter- tained against such complaint for mis-joinder of com- AMENDED COMMISSION LAW 21 plaints or oricvances, or mis-joinder of parties, it being the intention of this act to authorize said Commission to tms^ct! inquire into all grievences whereof complaint may have been made, or by inquiry upon its own motion at one hear- ing, and by one order and judgment, decide and adjust the same, and in any review in the courts of the orders of the Commission, the same rule shall apply and pertain with regard to the joinder of complaints, and parties, as herein provided : Provided, All grievences to be inquired into whether bv complaint made to the Commission or by in- Complaint ' "^ must be quiry upon its own motion, shall be set out in the com- served. plaint, which shall be served upon the railroad, or express company, together with notice of the time and place of hearing. Ala., 34, 36, 37, 38, 39, 40, 52; Ark.. 44, 45, 60; Cal., S, 9, 36; Colo., 27, 28, 32; Fla., 12, 17, 25, 28, 47; Ga., 49, 50; Ind., 17, 27, 33, 34, 43; la., 3, 7, 8, 10, 15, 17, 44, 71; Kan., 12, 25, 29, 49, 51, 67, 69; Ky., 17, 18; La., 7; Me., 17, 29; Mass., 15; Mich., 47, 48, 57; Minn., 16, 17, 18, 21, 104; Miss., 46; Mo., '19, 20, 50; N. H., 23; N. Y., 64; N. D., 34, 56, 76, 78; Ohio, 32; Ore., 20, 22; Pa., 13; S. C, 31; S. D., 71, 72, 79; Tex., 28; Vt., 33, 35; Va., 21; Wis., 36, 39. (a) The Commission is hereby authorized and empow- Authorized to issue ered to adopt, promulgate, and issue rules and regulations rules. governing the l)ulletiniiig of all trains, showing the time Bulletining , ' o of trains. of arrival and departure of all trains and the probable time of arrival of delayed trains : the conditions and limi- Contracts, •^ _ conditions tations to be contained in and become a part of contracts ^"^ limita- "^ tion of for transportation of freight and passengers and express freight, ■^ " ^ passenger, packages; tiic hours which station and waiting rooms express. shall be kept open, rules governing demurrage and rrcipro- Hours wait- , J ing rooms cai demurrage charges, and generally such rules as pertain shall be • 1 n 1 open. to the comfort and convenience of the public. Such rules and regulations shall be })romulgated and issued by the Demurrage ^, . . . . and recipro- Lommission on its own motion, and shall be served on the cai demur- railroad companies affected thereby as other orders of the charges. Commission are served. Any railroad company affected Rules how .11 I ] • 11 1 , . '. issued and tnereOy and deeming sucJi rules and regulations improper, served. unjust, or contrary to law, may within twenty days from the date of such service of such order upon it file objec- 22 RAILROAD LAWS OF WASHINGTON Twenty- days In which to ask for change or modifica- tion. Powers of Commis- sion. Hearings public. Powers to administer oatlis. Witnesses. Produce boolis, etc. Com'n. to report to Superior Court. Compel at- tendance of witnesses. tions thereto with the Commi.s.sion, specifying' the par- ticular grounds of such objection. The Commission shall, upon receipt of .such objections, fix a time and place for hearing the same, and after a full hearing may make such changes or modifications thereto as the evidence may justi- fy. The Commission shall have power to adopt rules to govern its proceedings, and to regulate the mode and man- ner of all investigations and hearings : Provided, No per- son desiring to be present at any such hearing shall be de- nied admission. Cal., 33; Conn.. 12, 40, 41; Ga., 35; Ind., 28, 29; la., 6; Kan., 9, 10. 72; Ky., 6, 14, 15; La., 20, 21; Mass.. 25; Mich., 53; Minn., 20; Miss., 22, 28, 29; Mo., 5, 6, 7; Mont., 17, 18, 37; N. H., 27, 28; N. Y., 27; N. D., 77; Ohio, 35, 55; R. I., 7; S. C, £8, 29; S. D., 69, 70; Tenn., 12, 13; Tex., 21, 22, 43, 45; Vt., 36; Wis., 43, 44. (b) The Chairman, and each of the Commissioners, for the purposes mentioned in this act, shall have power to ad- minister oaths, certify to all official acts, and to issue sub- poena for the attendance of witnesses, and the production of papers, way bills, books, accounts, documents and tes- timony. The superior court of the county in which any proceeding under this act may be instituted, shall have power to compel tlic attendance of Avitnesses, and the pro- duction of papers, way bills, books, accounts, documents and testimony as required by said subpoena. The said Commission before which the testimony is to be given or produced, in case of the refusal of any witness to attend, or testify, or produce any papers required by the sub- poena, shall report to the superior court in and for the county in which the proceeding is pending by petition, that due notice has been given of the time and place of attendance of said witnesses, or the production of said pa- pers, and that the witness has been smnmoned in tlie man- ner provided in this act, and that the fees and milage of the witness has been paid or tendered to the witness for iiis attendance and testimony, and that tlic witness has failed or refused to attend or produce the papers required by the subpoena, before said Commission, in the cause or pro- AMENDED COMMISSION LAW 23 ceeding- named in the notice and subpoena, and ask an or- der of said court, compellino- the witness to attend and testify before the said Commission. The court upon tlie petition of the Commission shall enter an order directing' the witness to appear before the said court at a time and place to be fixed by the court in such order, and tlien and there show cause why he has not responded to said sub- poena. A copy of said order shall be served upon said ^"^"^^ ^ ^^' witness. If it shall appear to the court that said sub- poena was regularly issued by said Commission, the court shall thereupon enter an order that said witness appear before said Commission at said time and place as fixed in said order, and testify or produce the required papers, and upon failure to ol)ey said order, said witness shall be Contempt. dealth with as for contempt of court. In all proceedings before the Commission the Commissioners shall have the rie-ht in their discretion, to limit the number of witnesses , May limit » number of testifying upon any subject or proceeding to be inquired witnesses. of before the Commission. Ala., 41; Ark., 68, 76; Colo., 25; Conn., 16; Fla., 43, 44, 46; Ga., 35; Ind., 28, 29; la., 6; Kan., 9, 10, 72; Ky., 6, 14, 15; La., 20, 21; Mass., 25; Mich., 53; Minn., 20; Miss., 22, 28, 29; Mo., 5, 6, 7; Mont., 17, 18, 37; N. H.. 27, 28; N. Y., 27; N. D., 77; Ohio, 35, 5.t; R. I., 7; S. C, .38, 39; S. D., 69, 70; Tenn., 12, 13; Tex., 21, 22, 43, 45; Vt.. 36; Wis., 43, 44. (c) In case the decision or order of the Commission Appeal of ^ ^ dissatisfied conceiMiIng any freight or passenger tariff, rate or charge party. for the transportation of loaded or empty cars, whether the same be over the line of one r;ulroad company or over the lines of two or more railroad companies, or for demur- rage or reciprocal demurrage or charge for tjie storing or handling of freight, rates of charge for any kind or class of property, money, packages, papei's or otiier things to be ciiarged for oi' received by nny railroad or express com- pany in(]uirc(l into by the Coiniiiission on the wi'ilten com- plaint of any jxTson or iiumlicr of prrsons sli.-dl l)e uiisjitis- factory to any of the [)ers()ns so making written complaint, upon any matter em})racc(l in such written c()mf)laint, such dissatisfied party shall have the ri;^ht to appeal from tlu- 24 RAILROAD LAWS OF WASHINGTON Form of ap- peal. Notice to interested parties. Be tried on evidence in- troduced before Com- mission. Rates con- clusive in actions. order of the Connnissiou to the superior court of the State of Washington in the county in which the hearing before the Commissioners had been held. Said appeal shall be taken by serving on the Commission or filing with it a no- tice of appeal specifying the order or portion of the order appealed from within twenty days from the rendition of such decision and the execution and filing within said time of a bond in the sum of one hundred dollars conditioned to pay the costs of such appeal, which bond shall go to the State of Washington. Upon receipt of such notice and bond the Commission shall notify all persons interested in the subject matter of said appeal being taken. On said appeal the order or portion of order appealed from shall be tried by the superior court without the intervention of the jury and shall be heard and determined upon the evi- dence and exhibits introduced before the Commission and certified to by it, and the said court shall render such de- cision concerning the matter complained of as the justice of the case may require. (Ch. 226, Laws 1907.) Kan., 53; La., S; Mich., 62; Minn., 24; Mont., 57; N. C, 30, 34; Okla., 25. 7. (7) In all actions between private parties and rail- road or express companies brought under this law, and in all actions for the enforcement of penalties provided for in this act, the rates, charges, classifications and orders prescribed by the Commission as hereinbefore provided, shall be held conclusive, and deemed and accepted to be fair and just; but in every such action any judgment averse to the railroad or express companies rendered after the Commission has determined the rate, charge, classifica- tion or order, and while same is pending on writ or review or appeal, and prior to the final determination of such ac- tion under section three of this act, determining; the rea- sonableness of such rate, chara'c, classification or order, shall be provisional only, and enforcement thereof and process thereunder, shall be stayed pending the final de- termination of such writ of review or appeal. Upon final AMENDED COMMISSION LAW 25 determination of such writ of review or appeal, if the ^^'J^,fj.' ^{^g|; judgment therein he in favor of the rate, charge, chissifi- cation or order prescrihed by the Commission, the judg- ment theretofore provisional, shall thereupon become ab- solute, but if the determination l)e against the rate, charge, classification or order, prescribed by the Commission, in such event the judgment theretofore provisional, shall be set aside or modified by the court to meet the final deter- mination thereof. (Laws 1905.) Ala., 65; 69; La., 11; Mich., 63, 66, 69; Minn., 25, 43; N. Y.. 62; X. C, 31; Ohio, 42. 8. (8) That whenever tlie Commission, under section Burden of '^ '' ' proof. 3 of this act, has determined any rate, regulation, order, classification or charge, in any appeal or writ of review brought by a railroad or express compan^^ to determine the reasonableness of such rate, regulation, order, classifi- cation or charge, the burden of proof shall be upon said railroad or express company to establish that such rate, regulation, order, classification or charge, established by the Commission is unreasonablcor unjustly discriminatory or insufficient. (Laws 1905.) Ala., 65, 69; Ind., 32; la., 16; Mic-h.. 67; Mont., ,^3; Ohio, 46; Ore., 24; Tex., 26; Wis., 60. 9. (9) The superior court of tlie State of Washing- Juri-sJiction of court. ton, in any county in or through which the said railroad or express companies is doing business, shall Jiave juris- diction to enforce by proper decree, in i unction or ortlcrs, the rates, classifications, rulings, orders and regulations made or established by tlie Commission. The nroct'ediny: Actions in " name of therefor shall be by equitable action in the naint' of the state. State and shall be instituted by the Attorney Creneral whenever advised bv the Commission that any railroad or ^tty. Gen'i. to institute express company or j)ersoii operatino- ;i liiu- of railways P'^c-eedings. or express companv in this state is violating or refusing to comply with any ride, order, rate, classification or ivgida- tion made by the Connnission and ap})licable to such rail- way or express company. It shall be the duty of the su- 26 RAILROAD LAWS OF WASHINGTON Duty of su- perior court. Mandatory injunction. Violation of decree— pen- alty. May ask for modification of decree. Appeal to Supreme Court. perior court in which such action is pondino; to rc(iuirc the issues tlierein to he pi-()ni{)tly made up, and to give the same precedence over all other civil business of a different nature. If in such action the court finds that the said defendant has failed, without sufficient cause, to comply with the rule, regulation, order, rate or classification so made and established, the court shall decree a mandatory injunction compelling obedience to and compliance with the rule, rate, order, regulation or classificjation by the de- fendant and its officers, agents, servants and employes, and may grant such other relief as may be deemed just and proper. Any violation of such decree .shall render the de- fendant and every officer, agent, servant and employe of the defendant who is in any manner instrumental in such violation, guilty of contempt, and upon conviction there- of shall be fined in a sum not exceeding one thousand ($1,000) dollars for each offense, or may imprison the person guilty of contempt until he shall sufficiently purge himself therefrom, and such decree shall continue and re- main in effect and be in force until the rule, order, regu- lation, rate or classification shall be modified or vacated by the Commission, but the defendant railroad or express company may thereafter petition the Commission for and obtain a modification of the decree by reason of any change of circumstances occurring, after the decree such as to render the rule, order, regulation, rate or classifi- cation involved unreasonable or unjust. An appeal within the same time as other actions, shall be allowed to the Su- preme Court from the decree in such actions, and the cause shall have precedence over all other civil actions of a dif- ferent nature pending in the Supreme Court. (Laws 1905.) Ala., 57, 67, 68; Ark.. 59; Colo.. 41, 50, 52; Fla., 54; Ga., 38; la., 47, 50, 82, S3; Kan., 13, 52; Ky., 19; Mich.. 60; Minn., 30; Miss., 31; Mo., 51, 52, 53; Mont., 42, 44, 45, 46, 47, 51, 52; N. Y., 30, 78; N. C, 27, 32; N. D., 67, 68, 69, 73; Ohio, 41, 47; S. C, 30, 62; S. D.. 75; Tenn., 41, 53, 56, 61; Wis., 56, 57, 61. 10. (10) Each railroad and express company shall within thirty days after this act shall take effect, furnish AMENDED COMMISSION LAW 27 to the Coniinission a complete schedule of all rates, rules, rat^^s*^ti^be' orders, classifications or regulations then in force by it be- on^f,\e at~ tween all points in this state, and shall keep at each sta- ^ tion, depot or office a copy thereof for inspection by all interested persons, during business hours, and thereafter shall note tiiereon any changes that may be made therein 5e^n"ofed.*° within ten days after such change shall be made. (Laws 1905.) Ala., Ill, 114; Ark., 20, 2G, 30; Cal., 11; Colo., 7. 9; Fla., 26; Ind., 42; la., 14, 61, 64, 81; Kan., 26, 66; Mich., 29; Minn., 69, 71, 101; Miss., 34, 42, 43; Mo., 47, 48, 58; Mont., 25; N. Y., 37; N. D., 45, 48; Ohio, 17; Ore., 10; S. C, 53; S. D., 63, 64, 77; Tenn.. 43, 47. 11. (11) The Commissioners, or either of them, or ^•^^P^ectimi^ such person as they may employ therefor, shall have the b3s^"^ ^ right, at such times as they may deem necessary, to in- spect the books and papers of any railroad or express corn- pan}', and to examine under oath any officer, agent or em- ploj^e of such railroad or express company in relation to the business and affairs of the same. If any railroad or express company shall refuse to permit the Commissioners, P'^^'^^'^^to"'^ or either of them, or any person authorized by them, to p^°^^^^® examine its books and papers, such railroad or express company shall, for each offense, pay to the State of Wash- ington not less than one hundred twenty-five dollars nor more than five hundred dollars for each day It shall so fail or refuse: Provided, That any person other than one of ^l^^^^J^^^.^ said Commissioners who shall make any such demands shall produce his authority, from the Commission, to maki' such inspection. Ark., 47, 62, 63; Cal., 7, 13; Colo., 48; Conn., 10; Fla., 27; 111., 41; Ind.. 45; la., 42; Kan., S, 54; Ky., 13; Mass., 18. 21, 23; Mich., 72; Mont., 33; N. H.. 24, 25; N. Y., 58, 70; N. C. 20; N. D., 86; Ohio, 54; Okla., 32; Pa., 6; R. I., 5; S. C, 33, 41, 43; S. D., 56; Tenn., 11; Tex., 31, 63, 66, 71, 72; Vt., 20; Wis., 68, 69. (a) Anj^ officer, agent or emplovr of any railroad <>r T-^^^jiJ^jr^ to express company who shall, upon pi-opcr demand, fail or ''"oks. refuse to exhibit to the Commissioners, or either or any of them, or to any person authorized to investigate the .sjime, any book or paper of such railroad or express company 28 RAILROAD LAWS OF WASHINGTON Penalty. Commission shall ascer- tain — cost of construc- tion, equip- ment. — value of stocks and bonds. — relative value, state and inter- state. —market value of road. — time when dividends first re- ceived. — probable earning ca- pacity and operating expenses. which is in the possession of, or under the control of such officer, agent or employe, shall be deemed sjuilty of a mis- demeanor, and upon conviction in any court having juris- diction thereof, shall be fined for each offense a sum not less than one hundred twenty-five dollars and not to ex- ceed five hundred dollars, or shall be imprisoned in the county jail not to exceed six months, or both such fine and imprisonment. (Laws 1905.) Ark., 64; Colo., 49; Ga., 24; la., 43; Ky., 16; Mass., 24; Tex., 32; Vt., 22. 12. (12) The Commission shall ascertain as early as practicable the original cost of construction and equip- ment, the amount expended in permanent improvements and the proportionate amount of such permanent im- provements charged to construction, and to operating ex- penses respectively, the present as compared with the orig- inal cost of construction, and the cost of reproducing in its present condition each mile of railway in this State. It shall also ascertain the amount and present market value of the capital stock and funded indebtedness of every railroad line operating in this State. It shall also ascertain the relative value of the use to which each railroad operating in this State is actually put in the carrying of intrastate and interstate business re- spectively. It shall also ascertain the total market value of the line, equipment and property of each railroad operating in this State used for the public convenience within the State. It shall also ascertain the time intervening between the expenditure of money in the cost of construction and the time when returns in the shape of dividends were first re- ceived by each of said railroads. It shall also ascertain the probable earning capacity of each railroad upon intrastate business under the rates now charged by such railroad and the sum required to meet fixed charges and operating expenses on intrastate busi- ness on each of said railroads. AMENDED COMMISSION LAW 29 It shall also ascei-tain the relative proportion of intra- ^j.'oporuon state and interstate business, the relative proportion of fntersfate the operating expenses connected therewith, and the rela- Ifid^rev- tive proportion of the revenue which should be derived therefrom. It shall also ascertain the density of intrastate traffic ^ate^traffic, and the conditions which will tend to show whether such traffic is likely to continue, increase or diminish. It shall also ascertain the densitv of population along —density -^ i:^ r o population, the line of each railroad within the State ; It shall also ascertain the existence of grades, curva- ^^d^t/ons, tures and other pliysical conditions affecting the movement of traffic ; It shall also ascertain whcthei- the expenditures already ^e^^^ture^ made in the construction and equipment of each railroad -""^ ' '^ ' were such as were justified by the then existing conditions and such as might reasonably be expected in the innncdiate future ; It shall also ascertain whether the money expended by ^fj-esTea- each railroad is reasonable for the present needs of the p^"gg^nt ^*^' company and for such as may reasonably be expected in "^^^^^■— the ininiediate future; It is however provided that it sliall be discretionary Discretion- f ^ ary with with the Connnission to ascertain tlie whole or any part Commission • ^ to ascertain or parts of the matters and things above designated in any or all t^ ^ ^ of above, this section at sucli time or times and in sueli order as to them may seem best. The Commission is hereby authorized to cause a hearina; Authorized •^ _ _ ''to have or hearings to be held at such time or times and place or hearing. places as the Commission may designate for the purpose of ascertaining the matters and things proxidi'd for in this section. The Commission shall, before any heariiip; is iiad a.> to Thirty days , hearing. any railroad, notify the railroad concerned of the time and notice of place of such hearing l)y giving at least thirty days' written notice thereof, specifying that at the time and place designated a hearing will be held for the purpose of 30 RAILROAD LAWS OP WASHINGTON Purpose of asct'rtaiiiino- the value of sucli railroad within this state, hearing. " which sliall be a sufficicrit complaint to authorize the Com- mission to inquire into the matters designated in this sec- tion as to such railroad. siiafi^be^re- ^^^^ railroads and express companies concerned shall be cerUfied^'to entitled to be heard and introduce evidence at such hear- rnission*. ^^g- The evidence introduced at such hearing shall be reduced to writing and certified to by the Commission un- der its seal of office. ^1?"?]'^™^!°'^ The Commission shall make and render finding's of fact shall make ^ facT show-^ "^ writing covering all matters in this section mentioned ing \aiue. concerning which it is directed to inquire into, and shall make findings upon all matters concerning which evidence may have been introduced before it which shall tend to show the value of the property used by the railroads or express companies for the public convenience. siipeltor''^^ Any railroad or express company affected by the find- ings, or any of them, and considering itself aggrieved by the findings of the Commission, or beheving such findings, or any of them, to be contrary to the law or the evidence introduced, or that such findings are unfair, unwarrante 1 or unjust, may institute proceedings in the superior court of the State of Wnshington in the county in which said hearing has been held, or, if held in more than one county, then in the county in which said hearing was commenced, and have such findings, or any of them, re- viewed, and their correctness, reasonableness, and hi\i- ful- ness inquired into and determined. Such review shall be heard by the court without the intervention of a jur}' and shall be heard upon the evidence and exhibits taken before the Commission and certified to by it: and the court befoi-o which such hearing is had, in case it finds any such find- ings so sought to be reviewed unjust, incorrect, unreason - Findings of able. Unlawful or not supported by the evidence, shall court. "^^ make new and correct findings to take the ])lace of such as may not be sustained, unless such findings are set aside and reversed for error on the part of the Commission in AMENDED COMMISSION LAW 31 rejecting evidence properly proffered, in which case it shall remand said hearing to the Commission with instruc- tions to receive the evidence so proffered and rejected and make findings of fact on the evidence so proffered and that already received. Said railroad or express company or the ("onnnission suure^me° shall have the right to appeal or to prosecute by other ap- Court, propriate proceedings from the superior court to the Su- preme Court of the State of Washinfjton as in civil cases. In case the Supreme Court finds any findings so sought to be reviewed unjust, incorrect, unlawful or unreasonal)le, or not supported by the evidence, it shall either make and render proper findings or remand the same to the superior court with instruction to make proper findin<»;s on the evidence already submitted, unless the same is reversed for error in rejecting evidence properly proffered, in which case the hearing shall be remanded to the Commission w ith instructions to receive the evidence so proffered and make findings on the evidence so {)r()ffrcd and rejected and that already received. The findings of the Connnission so filed, or as the same ^'"*^^"^^.°^ " Commission may be corrected by the courts, when properly certified f^^™'?^''^'® ' "^ '^ ' m evidence. under the seal of the Connnission, shall be admissible in evidence in any proceeding or hearing in which the public and the railroad or express company affected thereby is interested, and such findings, when so introduced, sliall be conclusive evidence of the facts stated in such finding; or Findings to " be conclii- findings as of the date of filing: under conditions then ox- f""'^ ^^'': " " dence of isting, and such facts can only be controverted or contra- ^^^^^ stated, dieted by showing a subsecjuent ch.-i— In conditions bear- ing upon the facts therein determined. The Commission shall also ascertain the amount paid for Ascertain '^ salaries salaries to the officers of the railroad and express com- ^^"^ ^"^" ' Itloyes. pain'es, and the wages paid employes. For the ])ur])ose in this section named the Connnission |^^7is." ^''' may employ sworn experts to inspect the books, papers, documents, contracts, reports of officers and aovnts, ajid 32 RAILROAD LAWS OP WASHINGTON Railroads shall fur- nish pro- files. Itemized statement of all fu- ture con- struction to be fur- nished. Blanks. Answers sworn to. Time for re turning blanks. any other documents or copies thereof, in the possession of the railroad or express companies which will tend to show the expenditure of moneys in the cost of construc- tion and equipment or the present value of such prop- erty; said information shall he printed from time to time in the ainuial reports of the Commission ; and all railroads now or hereafter constructed shall on demand furnish the Commission profiles of its lines in this State in such form and according to such specifications as the Com- mission shall direct. Any railroad hereafter constructinir any line, exten- sion or siding in this State shall file with the Commission an itemized statement showing the money expended in such construction, •ixtcnsion or siding in such form as the Com- mission may prescribe. All railroads doing business in this State shall also furnish the Commission with an item- ized statement in such form as the Commission shall pre- scribe, showing any and all money expended by them in the purchase of equipment, and shoAving the cost of im- provements and betterments in this State. (Ch. 226, Laws 1907.) Ark., 2.5, 65; Me., 5; Okla., 33; Ore., 3S; S. D., 1; Tex., 33. 36, 78, 80; Wis., 73. VS. (13) The said C'ommission shall cause to be pre- pared suitable blanks with questions calculated to elicit all information concerning railroads and express com- panies, and as often as it may be necessary furnish said blanks to each railroad and express company. Any rail- road or express company receiving from the Commission any such blanks shall cause said blanks to be properly filled out so as to answer fully and correctly each question therein propounded, and in case they are unable to an- swer any question, they shall give a satisfactory reason for their failure; and the said answers, duly sworn to by the proper officers of said company, shall be returned to said Commission at its office within thirty days from the receipt thereof. The Commission may, in its discretion, AMENDED COMMISSION LAW 33 presci'ibe the forms of any and all accounts, records, and n°Iv^re-'^"^ memoranda to be kept l)y the carriers subject to the pro- f^pj^g ^f ^^ visions of tliis act, whose line or lines extend beyond the '''"^'''■<^3- limits of this State which are operated partly within and partly without this State so that the same shall show any information required by the Commission concerning the movement of traffic, as well as the receipts and expendi- tures appertaining to those parts of such line which are subject to the provisions of this act. The Commission shall at all times have access to all accounts, records, and Shall have access to all memoranda kept by the carriers subject to this act. In 'et^ords. case of refusal on the part of any such railroad or ex- press company, receiver, or ti'ustee to keep such ac- counts, records, and memoranda on the books and in th? manner prescribed aforesaid by the Conmiission, or to submit such accounts, records and memoranda as arc Penalty. kept to the inspection of the Commission or any of its authorized agents or examiners, such railroad, express company, receiver or trustee shall forfeit to the State of Washington the sum of $500.00 for each such offense and for each and every day of the continuance of such How recov- " , . ered. offense, such penalty or forfeiture to be recoverable in tlic same uiiiiiiici' ;is other forfeitures ])rovi(lc(l for in this act. Ala., 30, 32, S3; Ark., 4S; Colo., H; Conn., -19; Fla., 29, 51; Ga.. 22; III.. 40, 47; Ind., 18; la., 24; Ky., 10; Mass., 27, 28; Mich., 32, 71, 76; Minn., £9; Mont., 62; N. H., 32; N. Y., 38, 60. 69; N. D., 99; Ohio, 20, 52, 58; Okla., 7; Ore., 31, 34; Pa., 17. 12; R. I., 9; S. C, 35; S. D., 28, 83, 86; Tenn., 9, 10, S3, 34; Tex., 37, 39; Vt., 26, 28, 39; Wis., 66, 67, 70, SO. (a) If any officer or employe of a raib'oad or express Jfj'|'o"7 ^'^ company sliall wilfully fail or refuse to fill out and return i^'-^"^^- any blank as above required, or wilfully refuse or fail to answer any question therein propounded, or fails to keep his books and accounts as herein provided or give a false answer to any such questions, where the fact inquired for is within hi.s" knowledge, or shall evade the answer to any such questions, such person shall be guilty of a misde- meanor and shall on conviction thereof be fined for each —3 34 RAILROAD LAWS OF WASHINGTON Penalty. Reports of Com"n. to Governor. Reports to be pub- lished. Interstate freight rates. Investigation of. Notify In- terstate Com. Com- mission. day he shall fail to perforin .such duty, after the expira- tion of the lime a sum not to exceed five hundred dollars, and the Commission shall cause a prosecution therefor in the proper court; and a penalty of a like amount shall be recovered from the company when it appears that such person acted in obedience to its directions, permission, or request in his failure, evasion or refusal. Ark., 49; Kan., ;!l; Me., (J; N. C.. ;JS; (.)hio, 53; S. C, 40; Tenn., 35; Tex., 38; Wis., 79. (b) The said Connnission shall make and sul)niit to the governor annual reports containing a full and com- plete account of the transactions of their office, together with the information gathered by such Commission as herein required, and such t)thcr facts, suggestions, and recommendations as may be by them deemed necessary, which report shall be published as the reports of the heads of departments. Ala., 15; Ark., 67; Cal., 14; Conn., 17; Fla., 42; Ga.. 34; 111., 4:5: Ind.. 46; la., 41; Kan., £8; Ky., 24; Mass., 12; Mich., !)6; Mo., 8; Mont., 63; N. H., 31; N. Y., 22; N. C, 66; N. D., 85; Okla., 29: Pa., 15; R. 1,, 10; s. C, 34; S. D. 49; Tenn.. 60; Tex., 40; Vt., 40. (c) The said Commission shall have power, and it is hereby made its duty, to investigate all through freight rates on railroads and express companies in Washingon ; jind Vv hen the same are, in the o})inion of the Commission, excessive or levied or laid in violation of the interstate commerce law, or the rules and regulations of the inter- state commission, the officials of the railroads or express companies are to be notified of the facts, and requested to reduce them or make the proper corrections as the case may be. When the rates are not changed, or the proper corrections are not made according to the request of the Commission, the latter is instructed to notify the inter.state commerce connnission and to apply to it for re- lief. Ala., 76; Fla., 55; Ga., 40, 41, 42; Ind., 47; Kan., 65; Ky., 11; La., 26; Mo., 3, 4; Mont., 23; N. C, 63; Ohio, .59, 60; Okla., 36; Ore., 30, 37, 39; Tenn., 42; Tex., 41, 42; Wis., 75. AMENDED COMMISSION LAW 35 (f) The Commission may require from any ^'^il^'oad ^^^J^g ''®^^_ doing business in this state tlie production within this produced^ ^ St^e, at sueJi time and })lac-e as it may designate, any hooks, papers or accounts kept by said railroad in any office or place without the State of Washington, or certi- fied copies in lieu thereof may be made by the Commis- sion, or under its direction. Such demand shall be served upon the railroad in the for records manner that orders and complaints are served on rail- ed. roads under the provisions of the act establishing the Rail- road Commission. Any railroad failing or refusing to comply with any such order shall, for each day it shall without good cause so fail or refuse, forfeit and pay the State of Washington a sum of not less than one hundred Penally dollars nor more than five hundred dollars to be recovered as other penalties are recovered under said act. (Ch. 226, Laws 1907. Colo., 23; Ind., 39; Ore., 32, 33, 35. ^ 14. (14) Each witness who shall appear before the Witne^s- ^ ^ ' ' fees there- Commission by order of the Commission, shall receive for "''• his attendance three dollars per day and five cents per mile traveled by the nearest practicable route in going and returning from the place of meeting of said Connnission ; Mileage. said fees and mileage shall be paid'as other accounts. ii])()n the presentation of proper vouchers sworn to by such wit- nesses and approved by the Chairman of the Connnission : VroTiclcd, That no witness shall be entitled to any fees or ^J^^oned mileage from the State of Washington wlicn summoned noVonUUed'' at the instance of the railroad or express companies. The ^° '^^^^^ claim by any witness that any testimony sought to be elicited may tend to criminate the person giving it, shall not excuse said witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding excepting in a ])rosecu- tion for perjury: Provided, '^Fhe Commission shall in all cases have the right to take depositions instead of com- Depositions, pel ling attendance of witnesses and to compel witnesses to 36 RAILROAD LAWS OF WASHINGTON Fees for serving pa- pers. Unjust dis- crimination. Unreason- able prefer- ence. Failure to transport passengers, and freight. attend and testify as upon a hearing before them. The sheriff or constable executing any process issued under the provisions of this act shall receive such compensation as may be allowed by the Commission, not to exceed fees as now prescribed by law for similar services. The said Commission shall have power to subpoena and compel the attendance of witnesses from any place within the State to attend upon said Commission at is meetings at any place in the State. (Laws 1905.) Ala., 42, 44; Ark., 69, 71; Colo., 26; Ga., ^6; Ind., .50; Kan., 40, 73; Mass., 26; Mich., 54, 55, 68; Minn., 31; Mont, 38, 39; N. H., 29; N. Y., 26, 29; N. D , 72; Ohio. 36, 37, 48; Ore., 28; Tenn., 28, 30, 31; Tex., 44; Vt., 22; Wis., 45, 46, 63. 15. (15) If any railroad or express company subject hereto, directly or indirectly, or by any special rate, re- bate, drawback or other device, shall charge, demand, col- lect, or receive from any person, firm or corporation, i greater or less compensation for services rendered, or tv> be rendered by it, than it charges, demands, collects ur receives from any other person, firm or corporation for doing a like and contemporaneous service, such railroad or express company shall be deemed guilty of unjust dis- crimination, which is hereby prohibited. Ala.. 134. l."5, 142; Ark., 35. 36. 37; Cal., 2; Colo., 6; Pla., 13; 111., 25; Ind., 52; la., 26, 57; Kan., 34, 77; La., 10; Me., 35; Mich., 42, 43; Minn., 66; Miss., 32; Mo., 42) 43; Mont., 48; N. Y., 43, 46, 47, 50, 74; N. C, 9; N. D., 39, 91, 92; Ohio, 19, 62, 65; Ore., 11, 16; S. C, 13, 46, 55; S. D., S4, 88; Tenn., 36, 57; Tex., 47; Wis., 76, 78. (a) It shall also be unjust discrimination for any such railroad or express company to make or give any unduo or unreasonable preference or advantage to any particu- lar person, company, firm, corporation or locality, or to subject any particular description of traffic to any undue or unreasonable prejudice, delay or disadvantage in any respect whatever. Ala., 119, 120; Miss., 44; Mo., 44; N. Y., 44; Ohio, 64; S. D., 91; Tenn., 38. (b) Every railroad or express company which shall willfully fail or refuse under such regulations as may be AMENDED COMMISSION LAW '37 prescribed by the ConiniissiDii to receive and transport without delay or discrimination, the passengers, tonnage and cars, loaded or empty, of any connecting line of rail- road and every railroad which shall, under such regulatiom as may be prescribed by the Commission willfully fail and refuse to transport and deliver without delay or discrimin- ation any passengers, tonnage or cars, loaded or empty, destined to arty point on or over the line of any connecting given per- line of railroad shall be deemed guilty of unjust discrimi- freight and nation : Provided, Perishable freight of all kinds and livestock shall have precedence of shipment. Ala., 132; Ark., 77; Colo., 54; Conn., 37; la., 1, 45; Me., 33; Mich., 26; Miss., 33, .41; Mo.. 38; Mont., 50; N. Y., 55; N. D., 40; Okla., 2; Ore., 19; R. I.. 27; S. C, 56, 57; S. D., 60, 65; W'is., 34. (c) It shall be unjust discrimination for any railroad 3"^"^^ haul or express compan}^ subject hereto to charge or receive*^ any greater compensation in the aggregate for the trans- portation of like kind of property or passengers for a shorter than for a longer distance over the same line : Provided, That upon application to the Commission any railroad or express company may in special cases, to pre- vent manifest injurv, be authorized by tlie Commission to ^-aived by charge less for longer tlian for shorter distances for trans- porting persons and property, and the Commission shall from time to time prescribe the extent to which such desig- nated railroad or express company may be relieved from the operations of tliis provision : Provided, That no mani- fest injustice shall be imposed u})on any citizen at inter- mediate points. Ark.. 41; Conn.. 42; Fla.. 50; Ga., IS; 111., 26; Tnd., 53; la., 58, 73; Kan.. .33, 75; La., 4; Mich.. 28; Minn., 75; Mo., 40; N. Y.. 52; N. C. 61; N. D., 3. 41; Okla., ?5; S. C, 14; S. D., 61, S7; Tenn., .'39; Tex., 49, 50. (d) Any raihoad or express company violating any ^fj^lf^ ^°^ provisions of this sfction shall be deemed guilty of unjust ^^ilY® discrimination and shall for each offense pay to the State of Washington a penaltv of not less than one hundred dol- lars not more than two thousand dollars. TIL. 27. I'O; Ind., r)4; la.. 25, 27; S. D., 92; Tenn., 40. 50; Tex.. 4.^. 96843 38* KAILROAD LAWS OF WASHINGTON Free car- (e) Nothing herehi shall prevent the carriage, storage state or handling of freight free or at reduced rates for the allowed. State, or for any city, county or town government, or for charitable purposes, or to and from fairs and expositions for exhibition thereof, or the free carriage of destitute and indigent persons, or the issuance of mileage or ex- cursion passenger tickets, nor to prevent railroads from giving free or reduced transportation to ministers of re- ligion, or the inmates of hospitals, eleemosynary and char- — Militia or itable institutions, State National Guard or Militia when National Guard, stu- qj^ official dutv, and students ffoinii' to and return in o- from dents, - fr> ^ o institutions of learning within the State; and nothing herein shall be construed to prevent railroads from giving free transportation to any railroad officer, agents, em- ployes, attorneys, stockholders or directors, and to em- —Empioyes ployes' families, and to ex-employes in search of employ- families, ment and to injured employes and their families, and the families of employes killed in railroad service : Provided, Such carriage may extend to employes' household goods and personal effects. Ala., 1C9, 148; Ark., 38, 40; Ind., 20, 55; la., 32; Mich., 19, 21; Minn., 67, 103; Miss., 40; Mo., 46; Mont., 49; N. Y., 48; N. C, 54, 58; N. D., 97; Ohio, 24; Okla., 9; Ore., 13; S. C, 47; S. D., 37, 89, 94; Tenn., 51; Tex., 51; Wis., 30. for^Hve- (^) Upon any shipment of livestock or other property other such of such nature as to require the care of an attendant the may be car- railroad company may furnish to the shipper or to some person or persons designated by him free transportation for such attendant or attendants, including return pas- sage to the point at which the shipment originated: Pro- Must not tided. There shall be no discrimination with reference discrimi- nate, thereto between such ship])ers, and the Commission shall have power to prescribe regulations in relation thereto. (Ch. 226, Laws 1907.) Minn.. S3. Penalty for Ig. (16) Anv officer or agent of anv railroad or ex- false billing . . or weight, press company subject to this act who, by means of false billing, false classification, false weights or bv anv other AMENDED COMMISSION LAW 39 device, shall suffer or permit any person or persons to obtain transportation for property at less than regular rates then in force on such railroad or express company, or who, by means of false billing, false classification, false tv'eighing, or by any device whatsoever shall charge any person, firm or corporation more for the transportation of property than the regular rates, shall be guilty of a misdemeanor, and on conviction thereof fined in a sum not less than one hundred dollars nor more than one thousand dollars. (Laws 1905.) Ind., 44; Mich., 41; N. Y., 49; Ore., 40. IT. (IT) In case anv railroad or express company sub- Liability ' . for dam- ject to this act shall do, cause to be done or permit to be ages. done any matter, act or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, mat- ter or thing herein required to be done by it, the said rail- road or express company shall be liable to the person or persons, firm or corporation injured thereby for the damage sustained in consequence of such violation. (Laws 1905.) Ark., 43; la., 2; Kan., 42; Mont., 55; N. C, 41; N. D., 33, TO, 94; Ohio, 66; Ore., 42, 44. 18. (IH) If any railroad or express company as afore- Wilful vio- • ],,,.,,.,. . . . . lations— said shall willfully violate any other provisions of this act, penalty. or shall do any other act herein prohibited, or shall fail or refuse to comply with any and all lawful orders emana- ting from said Railroad Commission or any other duty en- joined upon it for whicii a penalty- has not herein been provided, for every such act of violation it shall pay to the State of Washington a penalty of not more than two thou- sand dollars. (Laws 1905.) Ark., 42; Kan., 43; Wis., SI. 19. (19) All of the penalties herein provided shall be Penalties— how recov- recovered and suits therefoi- sliall be brought in thi' name • to use. way corporation or company owning and ope^'ating, or tliat may hereafter own or operate, a railroad in whole or in part in this state to knowingly or negligently use or operate any car, tender or locomotive that i.s defective, or any car or locomotive upon wliich the machinery or at- trackf^*^"^ tachments thereto belonging arc in any manner defective, ges, e c. ^j, ^^ knowingly operate its train over any defective or dangerous track, bridge or structure. (Ch. 226, Lavvs • 1907.) stock"must ^^- (32) That every railroad corporation owning or with'aiito-' operating a railroad or part of a railroad in this state lers by Jan- shall on or before the first day of January, 1908, equip ■ and furnish all cars owned or leased and used by it in its service in this state Avith automatic couplers, coupling au- tomatically, which can be coupled and uncoupled without es. ^j^^ necessity of men going between the ends of the cars, shall equip, furnish and operate all cars in its passenger service, and not less than 80 per cent of such cars in its brakes. freight service with perfectly acting air brakes, and also with good and sufficient hand brakes, and in such a manner as to enable the engineer under ordinary conditions to con- trol the speed of the train without the use of hand brakes and no freight train shall after such date be run by any such railroad corporation over any part of its road lying within this state, unless the cars composing such freight equipped train are so furnished and equipped. All freight cars ladders, etc. shall bc equipped and provided with proper grab-irons, AMENDED COMMISSION LAW 45 ladders and stirrups, securely boiled on so as to enable the employes to climb upon and off such cars with safety : Provided, however. That this section shall not apply to apply to boarding and outfit cars when moved as work trains, or to and outfit ... ,1, ,. 1 . , i J cars, log- trams consisting wholly ot logging trucks and a passen- ging trains, ger car or caboose, or to freight trains consisting of not trucks. to exceed 50 per cent of logging trucks. (Ch. 226, Laws 1907.) Ark., 40; Conn., 3S; ill., 16; ind., S6, 87, 88, 94; Miss., 68; Ore., 14. 33. (33) An in.spector of safety appliances and tracks, safet^y ap-^ bridges and structures shall be appointed by the Railroad fracks!^and Commission of Washington, at a salary of not to exceed to be ap- two thousand dollars per annum. Such inspector shall not salary. be an officer of any railroad operating in this state, nor shall he be interested, directly or indirectly, in the stock or bonds of any railroad company, and he shall have had at least seven years' actual experience in the operating de- partment of some railroad. Before entering on his duties the said inspector shall give a bond to the State of Wash- Bond. ington in the sum of five thousand dollars secured by a bond and security company acceptable to the Railroad Commission, conditioned for the faithful performance of his duties, and shall make and file an affidavit that he is J^^J^.°^ not an officer or director of any railroad company, and is not directly or indirectly interested in tllarstock or bonds of any railroad company, and such other facts as are re- quired of employes of the state. (Ch. 226, Laws 1907.) 111., 46; Ind., 92, 93; Me., i:5; Mich., 7. 34. (34) It shall be the duty of the inspector to in- J^^^f^^g^*^^- spect the couplers, air brakes and automatic power brakes found on the cars and engines, and the grab-irons, ladders, stirrups and hand brakes on all fn-ight cars of any rail- road in Washington, and make such report of his inspec- tion to the Railroad Commission as it may order and re- quire, reporting all cars, tenders and engines, giving the qo^°J^^ '^^ number of the same, the road on A\!iich they are found and the road owning the same if known which is found to have 40 RAILROAD LAWS OF WASHINGTON Repoi-t de- fects to railroad companies. May con- demn rollin: stock ami order same out of service — Report de- fective traclv, bridges, or structures to Com'n. and rail- road com- Viany. May con- demn. Report to Com'n. vio- lation of any law af- fecting- rail- roads. May ride on engine a defective coupler, brake or other defect rendering the operation thereof in any way dangerous, particularly de- scribing such defects. He shall on discovering a defective coupler, brake or other defect rendering the use of such car, tender or engine dangerous immediately report the same to the superintendent of the road on which it is found and to the agent thereof at the nearest station, de- scribing the defect. Such inspector may, on the discovery of the defective coupler, brake or other defect rendering the use of such car, tender or engine dangerous condemn such car, tender or engine, and order the same out of ser- vice until repaired and put in good working order. He shall in addition thereto inspect the tracks, bridges, and structures of all lines of railroad operating in this state, and in case he finds such track, bridge or structure defect- ive or unsafe in any particular, he shall report such condi- tion to the Railroad Commission and in addition thereto shall report the same to the divisional superiiiendent of such railroad. In case any track is found so defective as to be dangerous to the employes or traveling public for a train or trains to be operated over the same, the inspector is hereby authorized to condemn such track, bridge, or structure, and notif}-^ the Railroad Commission and the railroad divisional superintendent of such road of his ac- tion concerning J^^he same, reporting in detail the defects complained of, and the work and improvements necessary to be done to repair such defect. He shall also report to the Railroad Commission of Washington the violation of any law governing, controlling or affecting the conduct of railroads within this state. Such inspector shall have the right and privilege of riding upon any engine either on passenger or freight trains, or on caboose of freight trairi for the purpose of inspecting the track of any road in this state : Provided, That the engineer or conductor in charge of any such engine or caboose may require such inspector to produce his authority under the seal of the Railroad AMENDED COMMISSION LAW 47 Coniniission of Washin^'toii showiiio- that hv is such in- ^usf'sh'ow spe'ctor. The inspector sliall ho an employe of tlie Rail authority. /oad Coniniission of Washington, and he shall perform in addition to the duties above described such other and fur- ther duties as the Commission may require of him. (Ch. S.'^fi, Laws 1907.) Ga., 45. 35. (S5) Whenever the Railroad Commission of Was!) - Commission ^ •' to investi- inefton has reasonable grounds to believe either on com- ^f-^^ com- ^ *= plaints re- plaint made to it or otherwise that any of the tracks, prding de- ^ - fective bridges, or other structures of any railroads in this state, or"track"^ or the couplers, air brakes, or automatic power brakes of any cars, tenders and engines, or the grab-irons, ladders, and stirrups of any freight car used in this state are in a rondition wiiich renders them or any of them dangerous or unfit for the transportation of passengers or the carrying of freight, it shall forthwith cause the same to be inspected and examined, and if on such examination of said (^oni mission or its inspector or agents it is of the opinion that any such tracks, bridges, structures, cars, tenders or en- gines are unfit for the transportation of passengers and sa/e°shan" freight with safety, it shall immediately give to the super- road^com- intendcnt or other executive offic-er of the company operat- r^J^airs nec- ing such road notice of the condition thereof and of the repairs or reconstruction necessary to place the same in a safe condition, and it may also prescribe the rate of speed for trains passing over such dangerous or defective track, bridge or other structure until the repairs or reconstruc- tion required are made, and may also prescribe the time ^ribe'Trme within which such repairs or reconstructions must be made, r^!j*^irg°'^ or if in its opinion it is needful or proper, it may forbid the running of passenger trains over such defective track, bridge or structure until such repairs are made. If any superintendent or other executive officer receiving such J^^'jfroad °^ notice and order neglects for two days after rcctix ing the [^.'."^ompiy. same to direct the proper subordinate officer to run the trains over such defective track. brid<)'c or other structure 48 RAILROAD LAWS OF WASHINGTON at a speed not greater than that so prescribed, or if the running of such trains is forbidden, then to stop running trains over the same, or if any engineer, conductor or other employe knowingly disobeys such order, every superin- Penalty. tendcnt, officer, engineer, conductor or employe so offend- ing shall be fined in any sum not exceeding five hundred dollars, or be imprisoned for any period not exceeding one year, or both, at the discretion of the court ; and the com- pany operating such road, if it neglects or without good cause fails to make the repairs or reconstruction pre- scribed by the Commission in the time limited shall for each day that such repair or reconstruction is delayed beyond the time prescribed, forfeit and pay to the state the sum of one hundred dollars, to be recovered in the same man- ner that other penalties are recovered by the state against railroad companies by the act providing for the appoint- ment of the Railroad Commission, and defining its duties and powers, being chapter 81 of the Session Laws of Washington for the year 1905. (Ch. 226, Laws 1907.) Colo., 67; Ind., 66, 6S; la., 40; Ky., 20; Me., 16; Mich., 81, 82; Miss., 67; Mo., 10; N. Y., 66; S. C, 28; S. D., 54; Va., 14. Railroads ^(^ (36) Anv railroad whose superintendent, officer or must make \ / . t repairs to agent shall receive such notice of a defective coupler, cars or en- " f ' gines after Ij^fij^e or other defect rendering the use of such car, tender notice. f^ ' or engine dangerous shall cause the same to be immedi- ately repaired. On receiving from the inspector an order Cars or en- condemning anv car, tender or eno-ine, the employes of g-lnes to be . . . set out at the road In chars-e of said car, tender or engine shall put freight ter- ^ _ _ ° _ ^ ^ minais if the same out of service at the first freight divisional termi- defective— ^ or at first nal, or, in case the inspector so orders, at the first station station ^ reached. reached. Any railroad whose superintendent, officer or track 'or*'^ agent shall receive notice of a defect in the track, or any m7isflK> re- hridge or other structure, shall cause the same to be im- once^and mediately repaired and on receiving from the Commission run over '<^^^ order condemning the track, bridge or structure, no same until . <• x' u c • • i ii u repaired. tram excepting for the purpose of repairing shall be run AMENDED COMMISSION LA.W 49 over the same until tlie defects pointed out are remedied and repaired. (Ch. 226, Laws 1907.) '37. (B7) It shall be the duty of the general manager, Sust^make superintendent or other proper officer of every railroad reports to operating in this state to make to the Railroad Commission an ac- cidt* nts of Washington at its office a monthly report under oath of all the collisions of trains, or where any train or part of a train accidently leaves the track, and of all accidents which ma}'' occur to its passengers or employes while in the service of such road and actually on duty, which re- port shall state the nature and cause thereof and the cir- cumstance connected therewith : Provided, hozvever. That shau '^not be neither said report nor any part thereof shall be admittec' damage as evidence or used for any purpose against such railroad comn. to . ' . • i- 1 prescribe SO makuig such report m any suit or action tor damages form of • 1 • • 1 L I X. '"<'P'~>rt. growing out of any matter mentioned in said report ; that the Railroad Commission of Washington is hereby author- ized to prescribe for such railroad a method and form for making the reports in this section provided. (Ch. 226, Laws 1907.) 111., 45; Mont., 36; Ore., 40; Vt., 29. 38. (38) Any railroad, divisional superintendent, Penalty, agent, officer or employe of any railroad operating in this state who sliali wilfully and knowingly violate any of the provisions of this act shall be deemed guilty of a misde- meanor and on conviction thereof shall be fined in any sum not exceediniT five Imndred dollars. (Ch. 226, Laws 1907.) Ala., 79; Colo., 15, 37; Ga., 46; Ind., 51, 57; Minn., 41; Miss., 75; Mont., 58; N. C, 36, 40; N. D., 75; Ohio, 67; S. D., 68; Tenn., 52. 39. An emergency exists, and ihis act shall take ef- Kmerg. ncy. feet iii.niediatelv. (Ch. 226, Laws 1907.) — 4 50 RAILROAD LAWS OF WASHINGTON RECIPROCAL DEMURRAGE LAW Applica- CiiAPTEK 142, Laws of IHOT. [H. B. 285.] An Act provided for the furnishing of cars to shippers and pre- scribing the time of loading, transporting and unloading the same, w;th storage and charges incidental thereto and provid- ing charges and penalties for delay for the violation of this at and authorizing the Railroad Commission of Washington lo prescribe additional rules and to enforce the same and the provisions of this act. Be it enacted bji tlieLefjlstdfiiic of tlic^tateofWasJilngion: .')*.>. (1) When a shi})|)('r makes written application tions fm- 1^, ., yjiili-oad eonn>anv for a car nr cars not exceedinff ten cars — now ' • o made. (10) cars in nnnll^er (lnriii<>- any (nu' day, to l>e loaded witli any kind of frei<>lit embraced in the tariff of said company, statini;' in said aimlication tlie character of the Shall be frcii^'ht, and its destinatii;n, tlie railroad companv shall furnished . ' . ... . , , ' within furnish same within six ((5) davs from seven o clock a. m. six days. _ , '. the day following such application. Or when the ship]>er making such application specities a fntnre day on which he desires to make a shipment, giving iiot less than six ( (>) days' notice thereof, com[Hiting from seevn o'clock a. m. the day fcdlowing snch application, the railroad company shall fnrnish snch car or cars on the day specified in the application. Penalty. For failure to com]>ly with this section, the company so offending shall forfeit and pay to the shipper a])iplying, the snni( of one dollar ($1.00) ]>er car jkt day or fraction of a day's delay after ex]>iration of free tiniic, upon dcMuand in writing, niach- within thirty ( -"jO ) chiys thereafter by the shii)proper for must issue '. 1 1 • 1 1 1 ' 1 1 11 receipt or transportation, whether m carload Jots or less than carload bill lading. , . T , •, , lots IS tendered to a railroad companv at its cnstomarv RECIPROCAL DEMURRAGE LAW 51 ])lace for rocoiviiio- shipments, and eorroct slii])]n'no' in- structions aiv<-ii, the railroad ooni])any's iiiicnt iinist iiii- nKuliatoly receive tlie same foi- sln];iiienr, aneen so received hv any railroad company, thev must he carried forward at the rate of not less than Must move oO miles fifty (50) miles ]>er day of twenty-four hours, comjwtiiiii' per day. time from seven f)'clock a. m. the day f(dlowing receipt of shipment, and for failure to re<'eive or trans]>ort such sliij> ments, within the time prescrihed, the i-aih'oad conijmny so offending shall forfeit and pay to the ship}>er the sum of Penalty. one dollar ($1.00) per day, por car, or fraction thereof, on all carl(»ad freight and one cent per hundred |>ounds per day or fraction thereof, on freight in less than carloads, with minimum charge of five cents (5 ets. ) for any one package, upon demand in writing by the shi]>jK^r, or some other party whose interest is afift'cted by such delay : Fro- Time— how ^ ^' •■' •■ computed. vided, That in com]niting the time of freight in transit there shall be allowed twenty-four hours at such point where transferring from one railroad to another, or re- handling of freight, is necessary. Ala., 82, 83, 84; Ind., 70; Kan., 86, 88; Mo., 30; S. D., 19. 41. (8) The period during which the movement of cars Unavoid- or freight is suspended or delayed on ac<^'ount of accident, tion. sudden congestion of tratlic, unavoidable detention in other states or in othei- ]>hi('<'s within this state or any other cause not Avithin the j>ower of the raili'oad (•om])any to pre- vent, shall be added to the free time allowed in this act, and counted as additional free time. S. D., 25. 42. (4) Raili'oad compaiiies shall, within t \veiit\'-foUr Notice to consignee- hours after arrival of shipments, uive notice, hv mail or give _ ' _ ■ weight and Otherwise, to consignee of the arrival of shijim/ents, together charges. with the weight and amount of fi'cighi chai'ges due thereon, and M'here goods or freight in carload (pnintilics ai'rive, such notice shall contain, also identifying mnnhcrs, letters and initials of the car or cars, and if transferred in transit 52 RAILROAD LAWS OF WASHINGTON tlio innnbor aiul initials of the car in wliieli originally shipi>ed. Any railroad company failing to give such notice shall forfeit and pay to the shipper, or other party Penalty. whose interest is affected, the sum of one dollar ($1.00) per ear i>er day, or fraction thereof, of a day's delay, on all carload shipments, and one cent per hundred pounds j>er day or fraction, thereof, on freight less than carloads, with minimum charge of five cents (5c) for an}- one pack- age, with the expiration of the said twenty-four hours: Provided, That not more than one dollar ($1.00) per day be charged for any one consignment not in excess of a carload. Kan., 89: Mo., 31, 36; N. D., 60. f^^-'h\— °^ '^^* ^"^^ liailroad companies shall deliver freight at how made, their dcpots or warehouses, or in case of shipment for track delivery, shall place loaded cars at an accessible place for unloading within twentv-four hours after arrival, computing time from seven o'clock a. m. the day foll(jwing the arrival of freight. Except that carload shipments for track deliveiy at local stations havir'^- not more than one team track, shall be placed at an accessible point for un- loading by the conductor of trains on which the car arrives. Penalty. Tlie shipjDer or consignee shall be paid one dollar ($1.00) per car per day for each day, or fraction of a day, such delivery is delayed. Ala., 85; Ind., 71; Kan., 90; Mo., 32. Demurrage 44. (6) All Carload freight or freiii-ht carried at car- all freight ^ . . " ' . subject to. Idjid rates and all freight in cars, whether full carload or not, taking track delivery shall be subject to the demurrage or car service charges prescribed in this act. Ala., 86. Free time 4."). (7) A sliip|jer. Oil wliose order a car or cars have Iwcii jihiced for loading, shall be allowed forty-eight hours (48) for the loading of such car or cars, computing the time from seven o'clock a. in. the day after such car or cars liave been placed, subject to the order of the shipper, and thereafter a demurrage of not more than one dollar RECIPROCAL DEMURRAGE LAW 53 ($1.00) per car per day, or fraction of a day, may be Penalty, assessed and collected on all such cars as have not been ten- dered to the railroad company with shipping instructions within the said forty-eight (48) hours. Railroad companies shall not be com]>elled to furnish ^^nish^cars cars for future shipments to iiartics in default as to the *° shippers '^ ' in default. payment of the demurrage charges herein last provided for, until such demurrage charges have been paid, provided • the same has been demanded prior to the commencement of the transportatiro))cr shiij^iiiii' instructions, or bv rca- shipping . ? . ." instruc- son of imj>erfect or excessive loading where loading is done tions. by sliipper, shall l>e subject to a demurrage charge of one dolhir ($1.00) ])er car per day, or fraction of a day, the Penalty. said car or cars are so detained m- licld. in case of iin]K'i'- fect or excessive loading by shipjK'r, tlie shii)[X)r shall b<' notified thereof as early as i>racticable after said car or Shipper to •^ ' be notilied. cars have been received from him. in which case car demni- rage charges at alM)ve rate shall Iwiiin f'i'oni time of notili- cation. Ala., 88. 47. (i>) Legal notice, as i-cf.'ired t.. in this act. may be ho°w*^gi^^^n either actual or constructive. Where the consignee or his ^cTuai or agent is iH-rsonally served with notice of tjie ari'ival of jfj),'"'""*^' 54 RAILROAD LAWS OF WASHINGTON Notices — failure to receive same. Freight may be stored. Storage charges. Must not exceed car load rate. Free time for un- loading. freight at or before six o'clock p. m. of aiiv dav, free riiiu' l)egiiis at 7 o'clock a. m. on tlie day after sncli notice has been given. Constrnctive notice referred to shall consist 'if I osting notice by mail to consignee; where this niiodo of giving notice is adopted there shall l>e 24 hours additidind free time: Provided, however, That when, in anv ca.-e wJitre notice of arnval is given by mail, the consignee sliid! make oath that neither he, his agents, or employes, lia\e Kccived such notice, then he will be held to have reccn\'ility to unload within the free time pre- ^^^"^"^• scribed in this act, he shall be allowed by the carrier such additi(.iitd time as may be necessary to unload cars so in faciuues^ excess by the exercise of due and usual diligence on the increased. part of consignee, who shall also increase his unload- ing facilities coextensi\'<'ly with the inci'case of his hnsi- ness. Ala., 91; Colo., 60. r>0. {12) Wju-iievcr the weather, (hiring llie jH-riod of ^/^'^^'^^ free time, is so severe, inclement or rainy that it is im]wis- weather. sihle oi' iiii];i'actical)le to secuic iiu'ans ot loading or nn- loadina* fright, oi* when, from the nature of the goods or freight, loading oi- unloading would eau^e injury or dam- age, thereto, such time shall be added lo the free pci-iod, and no denuirraoc charges shall be allowed foi- act. may lie s|ofeiii}>aiiies in (1(']mi1.s or wai'clionses at the cx^xMise of the owner, if same is not reinov(>d l)eforG demurrage charges attach : Provided, That daily storage charge on such freight shall not exceed the demurrage allowed under this act. Ind., 78; S. D., 26. 52. (14) If the consignee i^hall refuse to acx'ept freight tendered in pursuance of the bill of lading, the carrier charged with the duty of delivery shall give legal notice to the consignor of such refusal ; and if he shall not, within three days thereafter, give direction for the reshipraent or unloading, or other disposition of such goods, he shall tJienceforth become liable to such carrier for storage on such goods, or demurrage up<)n the car or cars in which they are stored, to the same exeiit, and at the same rates as such charges are under like circumstances, by the pro- visions of this act imposed upui consignees who neglect or refuse, after luiticc of arrival, to rem!ove fi'eight of like character from the depots or cars of a carrier. A con- signee who has once refused to accept a consignment of goods shall not thereafter be entitled to receive the same, except ninm ])ayment of all charges fcu" storage or de- murrage Avhich have accrued ; and if the consigiiee of freight in carloads, or less than carloads, shall fail or neglect t-o remove such freight within three (3) days after the expiration, of free time, then the carrier shall through the agent at point of shipment, so notify the shi})}>er, un- less the consignee has signified his acceptance of the pro|> erty. Such notice may either l)e served personally or given by mail. Ala., 95, 96. .").'). ( 1 "> ) W'lu'ii ciinsigiioi's Ai']\) g(Hids consigned to ordci', hnt express in their bills of lading or slii])'])ing in- s( met ions, the name of a ju'i'sun at destination to notify, it shall he the dn*^' of tlu' railroaortation company, to gi\'e legal notice to sneh ])arty in the same way, and nnder the same I'ules, as if the sliii>ment had been local ex- ng-es. Discrimi- ation in RECIPROCAL DEMURRAGE LAW 57 made direet to him. But, when eonsigniors do imt complv with this condition, the railroad or other transjwutainn company, shall give notice only to such consignors ; except that in shipments of grain or hay, notice shall also \)e given £"yirnoUce to the local exchanges : Provided, That at the expiration ^"Jlven of free time the carrier shall o'ive notice thereof to the con- ^^hl signer. 54. (IB) Railroad companies shall not diseriniinate be- ^ tween j^ersons, places, or commodities, in storage or demur- or'^t'JrTfe^ rage cha,rg-es. Xo rebate, refund, draw-back, average foweA.' plan, or other similar device shall be lawful: Frorlded, That this section shall not apply to package freight re- ceived in less than carload lots and uidoaded in depots and ^^es not ' apply to wai'eh(!uses, and upon iirdof cf the violation of tliis sec- '^^s car- ' ' ' loads. tion, either and each i>ai-ty to such discrimination, rebate, refund, draAV^back, average plan or -other similar device shall be fined in any sum not less than one hundred and not Penalty. exceeding one thousand dollars for each offense found by the jury in an action brought therefor. Ala., 97. 55. (17) No demurraii'e shall l>e charged on iirivate Private _ ' ' ^ cars on t,.. cars standing on private tracks, when both cars and tracks vate tracks are owned by the same ])ersoii or jiersons. Ala., 98. 5(;. (IS) Xothinu- in this act shall be held to i-elieve anv Livestock ' > • and perish- railroad com]>anv from furnishing cai-s for transpurtation ^we cars of live stock and iici'ishabic fi'cight within a reasonable time after demand therefoi- even if sucli time is less than the free time ]irescribed in this act. 57. (10) in all cdinpntation of lime nndci' this act, ^HJ^*^^^^^. Sundays and legal Imlidays shall be excluded. ^^^Z^' 5S. (20) Actions to <'nforce the provisions of this act may be brought in any court of com]>etent jurisdiction in the county in wliicli the cansc^ of action arose or in which ^'^"^^ the sliipiiH'ut was tcndcr(Nl 'o or rccci\"cd or deli\'crc(| Iiy the I'ailroad company, and in case plaint ill" i'c<'o\-cin jndg- pri- Action may he liiMnarlit 58 Atfys. fee. Penalties or charges shall cover all dam- ages. Complain- ant may waive and claim ac- tual dam- age. The Rail- road Com'n. authorized to enforce this act. Com'n. may make addi- tional rules not in conflict. Penalty. Accidents and other cause of delay ex- empts from penalty. RAILROAD LAWS OF WASHINGTON uu'iit ill siu'h actidii a i-casdiiahlc attni-nev's fee shall he alliiAvcd as a ])art thereof. .")•.». (21) If aiiv coiiiplainant rig'htly entitled thereto received jiayiiieut of the charges or penalties imposed in this act for faihire to coni])ly therewith, snch payment shall he in fnll of any and all claims for daiiiages growing nut of snch failure: J'l ondcd . Iioicever.. That such C()niplain- ant may at his election, waive said charges and penalties, and (daim such actual damage as he may have sustained. Ala.. 99. ()(). (22) Full DKiwer and authrecedented increase of business or any other cause of delay not within the ])<)wer of the railroad company to prevent, no conviction shall be found. RECIPROCAL DEMURRAGE LAW 59 01. (2ii^ Til oase anv railroad c'.inpanv shall fail to Demurrage ' • charges furnish a car or cars to transport and d(divci' freight as "lust be i o paid by herein i)roA'ided, bv reason whereof deiniirra Within 30 })enalties iK^conie due and payable to a shipper or consignee ^^y^- as lici-cin prdvided such railroad company shall pay to such ship]>er or consignee such charges Avithiii thirty days from and after demand therefor, and in case of the refusal or neglect of such railroad company to pay such charges and I^enalties so accrued without good and sutficient cause there- for, it shall be subject to a ]>enalty of two hundred and I'enaity. fifty dollars for each failure or refusal to make such pay- ment, which, together with the costs of suit, shall be re- coverable by the Kailroad ("onimission of Washington in ^o^^'^^^om-n tlie superior court of the State of Washing-ton in any cover/^' county in this State in or tlirough which said railroad runs or does business. Ala., 101. Cr2. (24:) When anv action against anv railroad is Applicant / • '^ • for cars brouG'ht under the provisions of this act for failure to fur- ^^^^ ^j^?^ •^ 1 ordered in nish cars, it shall be shown on the trial by coni])etent tes- ^^""^ faith. timlonv that the person a])i)lying therefor had on hand at the time it became the duty of the railroad under any a])- ])lication so made to furnisji the car or cars required, the kind of freight sjiecified in the application ready for shii> ment in the said car or cars, to the pdint of destination in the said ajiplication stated. Ala., 102. ()3. (25) T\k' ])rovisi(invS of this act iiiav also be en- who may ... sue. forced by mandamus or mandatory injunction on the re- lation or suit of any }>arty affected by the viohition thereof or at the, instance of said Commission. ()4. (2(5) If aip- section, subdivision, sentence, clause or fiQ^liltv' purjxise of this act is for any reason liehl to be uncnnstitu- tierating any railroad within this State who' shall refuse to receive for transpjrtation over the railroad for which he is agent, in the usual way, any of the articles hereinbefore mentioned on account of the conii>ensation hereinbefore prescribed be- ing too low, or receiving any such articles of freight, shall charge, or attempt to char«>'" for the trans]X)rtation of the same anv ffroater sum than heroin allowed, or shall in anv manner violate or evade the nrovisions of this act, shall be Penalty, deemed guilty of a misdemeanor and, on conviction thereof, shall pay a fine of not exceeding five hundred ($.500.00) dollars for each and every offense, and rlic injured party shall have a right of action against the railroad company, or other person operating the railroad, oi" both, in which he shall be entitled to recover the amount taken or received from him in excess of the I'ates ]in'sci'il)ed hy this act, to- gether with attorneys' fees and costs (jf suit. .Vnd in all prosecutions for violations of this act by a^--- -^^rson, com- who may pany or corporation, such ])erson, company or corporation making the com|)laint is autlioi'i/.ed 1o sue in any court ot com})etent jurisdiction in this State. 62 RAILROAD LAWS OF WASHINGTON RAILROAD FREIGHT RATES. Rates on farm products. Maximum rates. Proviso. Recourse to courts. Maximum rates. Chapter 85, Laws of 1893. A.\ Act regulating and fixing maximum railroad freight rates In the State of Washington, and providing a penalty for viola- tion thereof. Be if enacted by tlicLef/isIafure of thetitateofWasliinglon: To. (1) ]!^o iiulividiial, eonipain' or corporation, owiiiiiii', operating', managing or leasing any railroad or part of a railroad in this State, shall charge for or receive a greater or higher rate for carrying wheat, harley, flour, flaxseed, rye, or other mill stuffs, oats, potatoes or hay, than eighty-five per centum of the rates existing for carrying said articles or commodities on the third day of January, 1893: Provided, That no greater rate than four and 75-100 dollars per ton shall \ie charged for carrying the articles or oonunodities hereinbefore enumerated in carload lots for a haul of five hundred miles or less. 71. (2) The maximum rates of freight on all railroads in this Stat© other than on those articles and commodities cmimerated in section 1 of this act shall he the rates that were in existence on the third day of Januarv. 1893: Pro- vided, That this section shall not apply in resjDect to rates that were in existence at the date last named, m;ade in com- petition with transportation wholly or partly hy water. 72. (3) Any individual, com]>any or corporation, own- ing, operating, managing or leasing any railroad in this State feeling that the rates established by sections 1 and 2 of this act are unreasonablv low, shall have recourse t<» courts of competent jurisdictioii, which shall grant such re- lief as may apjiear just and reasonable. 73. (4) Tlie maximum rates of freights on all railroads (•(instructed in tliis State after the third day of January, REGULATING FREIGHT RATES 63 IM»:5. (.!• whose rates uf fivii-liL mav be ostahlishcd after ilie rliird (lay of Janiiarv, A. J). 18J)3, shall he fixed as near in (•(Hiforiiiity with se<'ti(ms 1 and 2 of this aet may be or as is practical)le. 71. ( .") ) In no instance shall any individnal, e4inii)any or eor))oration, lessee oi- othei" ]>erson, charge or receive any «>reat<'r rate of conijx'iisation for carrvinht on any I'ailroad or railiviads in this State than hereinl>efore ])ro\'ide(l. and any individnal, coni]>any or cornoration vio- latinii' or in any way evadin"' the jM-ovisions of this act. shall foi'feit all I'iiiht to' recover oi- receive ai'^' coiii]iensa- Penalty, tion whatever for the services rendered wherein such viola- tion is attem])ted, and every agent of snch corporation, lessee or other individnal o]K'rating any I'ailroad within this State who shall refnse to receive for transportation over the railroad for which he is agent, in the nsnal way, any of the articles hereinhefore mentioned on account of tlu' coni]>ensatioii hereiid)efore ivrescribed l>eing too low, or receiving any snch articles of freight, shall charge, or attempt to charge, for the transportation of the same any greater snnii than herein allowed, or shall in any manner violate or evade the provisions of this act, shall he deemed gnilty of a misdemeanor, and on conviction thereof shall pay a hue of not exceeding live hnndi-ed dollars foi' each and every offense, and the injured party shall have the right of action against the i'ailroad company oi' other ]wrson o|3ierating the railroad, or both, in which he shall l)e entitled to recover the amount taken or I'cceived from hini in excess of the rates prescribed by this act, together with attorneys' fees and cost of suit, and in all ])ros(>cu- tions for violation of this act, by any ]K'rso^n, comi>any or cor]wtration snch }x?rson, company or corporation nniking the complaint is authorized to sne in any court of comi)e- tent jurisdiction in this State. 64 RAILROAD LAWS OF WASHINGTON REGULATLNG TRANSPORTATION RATES ON RAILROADS AND OTHER COMMON CARRIERS. Maximum rates on Chapter 68, Laws of 1897. An Act regulating common carriers, fixing maximum railroad freight rates in the State of Washington, prohibiting discrimi- nation by lailroad common carriers in the matter of such Bates and of lacilities for shipmciiL and providing for due •'n- forcement and observance of the rates so fixed, and of the regulations and prohibitions nelore referred to, and providing a method of determining the reasonableness of such rates and regulations, and making an appropriation therefor. Be it enacted by the Legislature of the State of Washington: ~'k (1) Xo railroad company or other common turai^p'rod- <'iii"i"i<'i'. its agents or employes, doing business within this ucts per State, .shall charge for lianling agricnltnral products, as defined in his section, in carload lots, from one ix)int within this State to another |X)int within this State, at a rate exceeding $4.25 jjer ton for a distance of haul of 350 miles or over; and at a rate Cixceeding 90 per cent, of the rate actually in effect on the Northern Pacific rail- way, between the same points in the State of Washington, on flanuary 2, 1897, for any di.stancc within this State: Provided, That no charge for hauling freight aforesaid, in carload lots, in this section mentioned shall exceed $1,25 ])er ton from any jwint within this State to another ]X>int Agricui- within rliis State. "Agricultural ]n*oducts" mentioned ucts de- lierein is defined to he corn, grain of all kinds, flour, feed, mill stuffs, flax seed, hay compressed in bales, hops com- pressed in ]:>ales. carload^'" 7(i. (2) Xo raih'oad company or other common car- rier, its agents or employes, doing business within the State of Washington, shall charge for hauling, in car- load lots, fruit in boxes, barrels or orates ; ix)tatoes, onions and vegetables of all kinds in sacks, l)Oxes or barrels; and ('gg< in Ixixes, barrels or cases; and butter in boxes, rates. REGULATING FREIGHT RATES 65 barrels or jmils; and cliceso, talloAV and lard in bari'els, kegs or cans; and wodl in sacks; from one |x>int within this State to anivther )«)int within this State, at a rate exceeding SO jx^r cent, of the rate cliarg(Hl l>_v said rail- road or carrier for hauling or carrying a like kind of freight on the second (hiv of January, 1897, on the basis of the rate charged by tlie Northern Pacific railway com- pany on the second day of .lannarv, 1807. The said companies and carriers shall be required to receive and transport any or all the products mentioned in this so<^ tion in mixed carload lots at the highest rate applicable t^) any ])r()duct contained in any such mixed carload. 77. {'.]) Not less than ten terns shall be re(]uired to ^^/J'^^"^^^^^ make u]» a carload lot, as that term is used in this act : l^rortdcd . That not less than nine tons of hay or wool shall l>e i"0(iuii'ed to make a carload. 7s. (4) Any agent oi' employe of any railroad com- ffJJation'^or ])iany or other common carrier doing business within the '"^'asion. State of Washington, wlio shall \'io]ate or evade any of the provisions of the forcgoiiiir sections of this act, shall bo deemed guilty of a misdemeanor, and on conviction thereof sliall l)c ]iainislic(| hy a fine of not less than five Iiiiiidi'c(| (lolhii's nor moi'c than one lliousaiid dollars, or jnay Ix? im})risrisonm('nt. and on the trial of any jm^'sou or jX'rsons accused uiidci' tliis section of th(^ ott'cnsc afoi'i*- said, if shall not be a defense to such charge of the viola- tion of this section for such ]X'rson or ])ersons to prove that lie or thev were instructed m- (inlcrcd to conimit the -Asents" in- structions acts charged in the iiifr indictmeait l'l":l' '< '" <"" ilHlictlllcilt shall he jiriin/l facie ]iro(if of ^^o?.!.,"^ ^^^^ ajiciicv C'liarsvd in the information or indictnicnr. and the court shall so iiistinict the ]nrv in such ease. Maximum _ _ rp, . ,. . , i i- . i ■ i rate applies i •'• ( •> ) I lie niaxiiuiiin treiiihr rates estal)lislied, tixeil if shipment , • i i i i • i ii i 11 111 is over Mud |)i'o\-i(le(| hy this act shall a])])i_v \vli(>ther the haul more than , , . ' . , . „ one line. IK? oA'er one line, or over two or more conneetino- lines oi railroad or other ('(»mmoii cari'iers; and in cases where two or more connectino- lines are em]tloA-ed in the haul and the ((inqninies cannot agree as to the nr(;];ortionat(^ anionnt of the rate in this act fixed to he retained liv each of said coni'panies for its service, then either coni])an_v may commence an action in the natnr<' of an action in e(|uity in the superior court of the comity in which the point of connection of said coni]ianies is made, against any coni- pr'oiwrtion''^ ])any Or companies having connecting lines with it, to tw'o^iines— deterinine the pro^portion which each company or other how settled, ^.^jj^^j^^^^jj carrier shall jnstly and e^iuitahly receive. Said action shall he tried hy the court without a jury, and from the judginent in said action an appeal shall lie to the Su})reme Court of this Stat© as in other cases; in any such action the cimrt shall, hy its decree, fix the ]nT)|»r- tion of the rate which each connecting' line that is a jiarty t(! said action is entitled to receive for the trans- ]>ortation over its line of each of the commodities in this act named, and for that i;ur])ose the court may receive evidence showini>' the kind, character, nature and extent an_v or otlier com- mon carrier doino' ])Usiness in this State shall settle with the other railroad company or other common carrier on the l)asis of tlie length of the haid made hv each in jier- foriuinii' the joint service; in such action no other (pies- tion than the a]i]Mirtise of fixing the a]>]>ortionment of the rates in this act allowed and prescribed, and for n*^* other ]>ur]>ose whatever. 80. (6) All railroad comivanies and otluM' comimon Railroad companies carriers doing business in the State and freight from other connecting, intersecting or bisecting lines, and foi'warding the same on to their rovided in riiis act on such cars or freight before it will receive the same, shall be liable to any person injured by such wrong- ful action for all damages thereby inflicted upon the party so injui'cd, recoverable in the superior courts of this State in the countv where said refusal to receive cars or freiyht REGULATING FREIGHT RATES Q\) shall have occurred; and in said action the court shall iiixm a recovei-y in favor of the plaintiff in said action alltiw said plaintitl' a reasonable attorney's fee in said action, to be taxed as a part of the costs of said action. x-2. (8) It shall be unlawful for any railroad com2>any Same, or (ither common carrier doing business in this State, having- traffic arrangement with another company or com- mon carrier whereby charge.- for a continuous hanl or carriage is collected at the jioint of destination and ac- counted for by the railroad company or tither connnon carrier collecting the same, witli intent to ann(y and harass the shi]>pei' or the other company or common car- rier, or tO' obstruct the o])eration of this act, to refuse to receive cars loaded with valuable articles, or to refuse to receive valuable freight in less than carload lots without prepayment, with intent to annoy and harass the sliii>per or the other company or comuKm carrier, or, with like intciiT, to require ]M'e])aym('iit from the shipper of such arti(des. Any railroad company or other common carrier Penalty, doing business in this State violating any of tlu^ ])rovi- si<»ns of this section shall for each such violation forfeit uiirros<>cutin<>' attornevs of Duty of •^ ' '^ • prosecuting the several (counties of this State are em])ower(>d and it attorney, shall be their duty to bring an action in tlie name af and in behalf of the State of Washington, and against any railroad company or otlici- common cari'iei" \iohiting any of the pntvisions of this section, to r('<'over the p<'nahy h-erein forfeitecl to the State of Washington. s;;. (!i) It shall be uidawful for any I'ailroad .-onipany fo'lfg^haul. or nther common cai'rier doin^' business in liiis Slate, its 70 RAILROAD LAWS OF WASHINGTON agents or oni])l()_ves, to cliarge or receive any aroater coni- ]>ensati()n for the trans]>()rtatiiin of like kind nr class (ir quantity of freight for a shorter than for a longer dis- tance over the same line, the shorter being inchided in the longer distance; but this shall not be construed as autlmr- izing snch i-ailroad coni]>an_v (ir (ither connnon carrier, its agents or employes, to charge or receive any rates greater than those allowed and fixed by the provisions of sections 1 and2 of this act. Unlawful 84. (10) It shall be unlawful for anv railroad cnn- to give ■' ■ _ preference panv or Other common carrier doino- business in this State, or advan- ir i- f^ ' ^^»^- its agents or employes, on business wholly within this S.ate, to make or give any unequal or unreasonable preference or advantage to any ]>articular ])erson or |)ersons or company or corparation or co-partnership or locality, or to any particular description of traffic in any res|>ect whatever, or to subject any person or |)ersons or cor jw ration or com- pany or co-partnership or locality, (u- any |)articular de- scription, of traffic to any unequal or unreasonable ])reju- dices or disadvantages in any res]iect whatever, and e\'ery railroad com])any or other common carrier doiny bnsiness in this State, which permits anv person or ]>ersO'ns or C(tm- pany or cor|X)ration or any locality in this State to connect Side-track .^ ^jj^ track with its track or line of transportation for the facilities 1 to be 'm- accommodation of anv mine or warehouse or elevator or r>.-irtially accorded. j^in qj. manufactory, shall accord the same right on the same terms to every other person or company or ctn'jKira- tion or co-partnership anywhere on its line in this State so- liciting such right or privilege ; this right shall 1)0 coinpelled by the courts of this State bv the writ of mandate at the suit of any person or persons entitled to such right under this act: Provided. That nothing herein contained shall prevent the classificati(m of freight, as to kind, vabu^ and quality and the basing of rates thereon. U)"exait' •'^•"»- <^1^ Tt shall be unlawful for any railroad com- comrac7^ pany or other common carrier doing business within this pen'auies State, its agents or employes, to require or exact from any of this act. j3^j.gQj^ Q,j. j>ersons or any company or any corporation or REGULATING FREIGHT RATES 71 C'0-]jartiu'vslii]) on fi'ciuht tciidorod to it t(» 1)0 ciirricd wholly within this State, any release of any of the penal- tics ]>rovide(l hy this act, or of any of the rig'hts atfonled ly tliis act, or to exact or acce])t or receive any contract waiving- any of the ])enalties or rights iixed and provided l)y this act, and if any i'ailroae |)er- mitted to be plead or set up by way of defense or in any other manner to any suit roee(hire authorized by this act or otherwise. S(j. { 1 2 ) Anv agent or emphye of any raili'oad cmn- pany or other connnon carrier doing business in this State, who shall violate any of th(> ])i'ovisi(ms of s(x'tions 10 or ^^"^tin/^^ 11 of this act, shall, for each and every violation be deemed ^Ji^^^j^^^f^g guilty of a misdemeanor, aud upon conviction thei-eof shall ^^ ^"^ -'^• l)e punished by a fine of not less than ti\"e hundred dollars nor more than one thousand f of the a^-cncy of the accused as charged in the informa- tion or indictment, and the court shall so instniet the jurv before whom said accused person shall be tried. s7. (13) Any person or persons or firm r)r company or corjx) ration or co-partnershi}>, whose property is with- held by any railroad company or other common carrier doing' business in this State for the purpose of compelling . the iwymont of a larger sum for the trans])ortation of the same than is established or fixed by this act, or any other unla^\^ul purpose as defined in this act, upon tendering (which tender must be kept good) unto sucli railroad or other connnon carrier the projx'r sum as fixed by this act for such transportatiou, may maintain an action in the sui>erior courts of this State, in the nature of an action in replevin for the recovery of the ]iossession of such proi> erty ; the piroceedings, pleadings and practice in said action shall be in all respects, 'so far as possible, like actions of replevin or claim and delivery in this State ; the condi- tions of the bond given in such case shall, in addition to the conditions contained in bonds in actions of replevin or claim and deliverv. contain the condition that the plaintifl:' will pay whatsoevei- sum may 1)0 due to defendant for freight charges on account of the transportation of such pro|>erty. A writ shall issue as in cases of replevin or claim and (h'livery in this State, and the officer executing the writ provid(N] in ihis section sliall seize the ]n-(i]>erty wherever fonixl within liis county, and for that ])ur]>ose, if it shall Ik> concealed or enclosed in any depot, warehouse or other buihling, or in any railroad car, he shall have the right, and it shall he his (lut\- wlienev(M' necessary, to break and open any se^d. lock oi- door in order to take possession .if the ]M'o|U'i'ty ill eonfoniiity with rlie directions of tlie • writ. In such aetimi The defeiidant shall not have the right to "ix'e a i'ed<'li\-erv hoiid or anotlier liond and have the ))r<>perty I'etiiriied to it, nor shall said defendant hixve the rigiit to have or take (^tlicr ])rocess and have such ]*roperty returned to it. In anv such action the court shall tax as a REGULATING FREIGHT RATES 73 }>aii of the costs of the case, if the phiintiff is successful, a I'easduable attoruey's fee. >>^. (14) In all actions hctwecn private ])ai-ties i^^d ^^^f^'^^ railroad companies or other coninioii cai-ricrs (loini>- business by^^this^act in this State, brought under this act, tlie rates prescribed conc?usive an.l tixcd l.v tliis act shall be held concdusive and .h'enied ^e'k'l.Se!^ and accepted to be fair, reasonalde and jitst, and in such res^K'cts shall not be controverted therein, nntil finally found rescribe(l anmpany or common carrier may file a com])laint in the naiurc ef a !)jl! in ('(juity setting forth the cause^ of objt'cti m to said schedule of rates or other ])rovisions concerning rates, in the superior court of Thurston county. State of Wash- ington, naming itself as ])laintifi" anurpi)se of such suit in snch court and for ihc ])ur]M)So of the other suits men- tioned in this act and not otherwise, the State of Wash- ington, consents that it nuiy sue and be sncil. Process in rrotediuv. said action sliall consist (d" a summons in tlic usual i'onii and a certitied copy of the complaint and shall be ^crvc(l n])ion tlie Attorney Geiu^ral of the State. Said action sliall have ju'eeedence o\-cr all otber cases of ditl'erent nature, and sliall Ive tric(l and (Ictcrmined as other ('(piilable causes in said c(;ui't. The Attt ot' the construction and e(piipmeiil of the line of plain- tifi"> railroad or other coniiiion carrier: the present coiidi- Cost of const I'ue- tion. Capital stock. Gross and net earn- ings. Operatni? expenses. 71 RAILROAD LAWS OF WASHINGTON rioii of the line iiiid its (■(luiiniiciits ; the ('.stiiiiateen in o])eration for that length (d" time, and if not, for such length of time as it has heen in o])eration ; the items which constitute and which have constituted its oi>erating expenses, and par- ticularly the salaries paid to its officers ami employes, giving the salaries of all its superior officers in detail; or*^state™^"*^^^^^^^^^^^' ''^^*^ ^'^^^^' ^^'"^^ received State or government aid, and ^^^' if so, to what extent, and how fully it has ]i.i'ofited by the same, and whetlier any ]X)rtion of the grant yet remains to it, and the \'alne of the same, and erties ; to what extent its ])resent indebtedness is for betterments to the enhancement of the value of the |)ro|>- Totai ton- (.yfy thereof; the total tonna.o(> of merchandise transiiorted nage tor • ' each of ijy j|- f,,,. (.;,cli vear durino- the last live vears; the rate per last five . . .-^ . 1 years. i,,,, p,(.,. ||,i](. which it has received for trans]wn'ting freight on the entire line of its road for each year during the last from'wash- h\-eyeai's; the portion (d' its gross and net earnings during no^s°'for'^'" each ai' said years (leri\-ed from tlu' transjiortation of ]>er- same ime. j^,,,,^ .,,,,| piMipci'ty frlaint shall also state what is a reasonable rate to be charged for hauling or carrying the several kinds of freight mentioned in this act for the several distances mentioned in this act, which is alleged in said complaint to lie unreasonable, unfair or unjust ; that the stateinent of the facts required in such complaint shall l)e by scIumIuIc as far as ))ossil)le, for convenience of refer- ence. In addition to such conqdaint such raili'oad com- particulars pany or other com.nipn carirer shall, at the time of tiling said complaint, file therewith a hill e the se\-cral amounts and facts and aggre- gate of tigiires given in the complaint, and contain a refer- ence to any and all books of the coni]iany, and to any and all vouchers or ]>apers of the cnnipany from which the same ap-jM'ar. and contain also a statement as to what officer or officers ha\c jiossession of said books, vouchers and ]ia]x'rs. anose (d" drawing such com])laint and bill of particu- lars. The answer of the AttonKW (Jeneral shall be in the Answer, usual form e present, the cause shall pnx'ced before the remainder of the judges constituting Judgrment. said court. The court shall determine and decree whether the rates fixed by this act are i"easonable or unreasonable in whole or in part, liaving due regard to the principles of law for the determniation of such issue, and if such rates be found to be unreasonable in whole or in part, shall so pronounce and render judgment acocrdingly, which judg- ment shall bind the State and all litigants in its coui-ts at- tem]>ting to take advantage of the })rovisions of this act. REGULATING FREIGHT RATES 77 If the (•(•ui't. slidiild (IcKM'miiio that the rates so fixed are reasonable, tliev shall so (letenuine and adjudge, which judgment shall \ye binding upon all litigants in all courts, in all litigation arising under the provisions of this act, until the same shall be reversed or set aside. Either party may appeal to the Supreme Court of the State in the same Appeal. manner and by the same procedure that other actions in equity are apj>ealed thereto under the laws of this State. All the evideince and proceedings before the sujjierior court shall l)e certified in the record to the Supreme (Vmrt, and that court shall hear and decide the cause de novo both ■ under the law and ui)<)n the facts, and said action so ai> l>ealed shall have pirecedence in said court of all cases of a diti^erent character jK-nding therein, and shall l)e there sjDeedily heard under such direction as to the filing of briefs therein as the court uuiy nuike. In all trials under this section the hui'tlcn of nvocif shall rest niHUi iIk' i)lain- Burden of 1 I 1 proof upon tiff, who must show and })rove by clear and satisfactory P'amtiff. evidence that the rates or ])rovisions concerning rates com- plained of are unreasonalilc and unjust to it or them. DO. ( 10 ) Two or more I'ailroad companies or other com- interested '^ ' J companies UHiu carriers may join as ])arties plaintifi" in the aftioii ^^pi^^n" ^^ ]>i-ovided for in section 17 [15] of this act, and in any ^''^^• such action the State of Washington shall be the sole jiarty def<>ndant. After any such action shall he coiniiicuccd by any railroa\u-\\ coniiiany oi- companies oi- coninion carrier or common can-iers. in evei'v case where two or more railroad companies or othei' common carriers join as ])laintifl^s originally, or where one or uioi'c railroad oom- paiiies or oIIkt comnion cai'iici- shall I licrca I'ici' conic in as c<:)-p'Iaintifi", each railroad company or other common carrier shall file its separate com]>laint as lici'cinhcfore in this act provided, ami the i-ights (d' each railroad company or other c<»mnion cai'i'ici- shall he separately consiilei'e(l and 78 RAILROAD LAWS OF WASHINGTON Attorney General may empid special counsel. Appropri- ation for same. Effect of judicial decision upon this act. adjudicated in siicli proceeding-: Piorided, howerer. That under no cireinnstance« shall there Ire any other }>erson or persons, firm, company, co-])artnership or cor}X)ration joined as co-defendant with the State of Washington, hut ill all |)roceerovision of and for any of the purposes mentioned in section 17 [1^)] of this act, the Attorney General of the State of Washington, if he shall deem it necessary, shall employ in behalf of and at the expense of this State special counsel to assist in de- fending said action or actions, and all such litigation shall be under the control and management of said Attorney General and said special counsel, and for the purpose of ] laying said s])ecial counsel there is hereby a]>pirop"iated of the moneys in the State treasiiry of the State of Wash- ington not othei"Avise appropriated the sum of five thous- and dollars, to l)e used in the ]>ayment of the said special coinisel, or so much thereof as nuiy be necessai'v. iVnd the further sum of three thousand dollars, or so nmch thereof as shall be necessary, is hereby ap})ro];>riated to iiay for necessary witness fees of witnesses required by the State in the defense of any such actions. All bills for which ai)ii>ropriations are made in this act shall be audited by the State auditor, who shall draw warrants therefor: Pro- ridcd. That the clerk of the court .shall first certify to said auditor as to all witness fees. irjl. (IS) A"o decisions of any court declaring any sec- tion or portion of this act invalid, shall have the effect of im'alidating the entire act or law ; it being the ]>ur]>ose and intent, now ami here ex])resse(l, that no jirovision is \'ital to the purjxjses of this act, but that this act shall be ad- ministered at all times and by all courts as far as it can and ought, according to the true intent and meaning of each and all its ]>arts. TO PREVENT CRUELTY TO CHILDREN, ETC. 79 ii;]. (Itt) All penalties recovered l>_v the State I'li'lc'' ^oXcted' the provisions of this act shall he iiairovisions of this act, lint this shall not he construed to cxeni]it any railroad from the pi'o\isions (jf this act, as to any >lii]iiment consig-ned to any point in this State, be- yond the line of snch short road; any railroad or ])art of a i-aih'oad, which on the first day of .March, 1S1>T, would ha\-e Ikh'u suhject to the ]>rovisions of this act, shall he and continue to he suhject to the same, notwithstandiuii' anv change in the (i]M'ration, ownership oi" nianaiieuK'nt thei'cof. TO PREVENT CRUELTY TO CHILDREN. ANIMALS, FOWLS AND BIRDS. ('uAPTi-.R 27, Laws of 1803. A.N Act for the prevention of cruelty to children, animals, fowls and birds, and providing punishment therefor. Bt il riKirIrd hi/ I lir Lcf/lshil n r<' nf IlicShllrof \\ (tsli iinlloii : !)-!. (1) Raili'oad companies in carryini;- oi- "'•""'" f,!."nsi/" portiiiii' animals shall not pernnt them to he confined in cars for a longer jKM'iod than fort\-eii>ht conseeutive hours withont nnloadinii them t'oi- r<'st, water and fee(lini: i<'t' =• jK'riod of at least two consecnti\'e hours, uidoss pi-evented from so unloadini;- them hy nnavoidaUlo accident, in esti- matiuiisuch confinement, the t ime dui'ing- which I he animals ha\<' heeii contine(l withont snch rest on connectinii roads from which they are ivceived shall he intduded. .\inmals [!'/.; ^.^'f,?,7'', ml .so unloaded shall, durini;' snch rest, 1 c pr iperly fc 1, watrred vvaioivd. hv the owner or jK'rson lia\ing- the cnstiuly (d them, or in go RAILROAD LAWS OF WASHINGTON case of his default in sany transporting th(nnl at the expense of said owner or person in cnstody thereof, and said company shall in snch case have a lien u]Hm such animals for food, care and cus- tody furnished, and shall not he liable for such detention of such animals. If animals are transported where they can and do have proper food, water, space and opportunity for rest, the foreg-oiners()ii in tliis State who shall wil- ^^^^^^|^^5j"«^ fullv ;uiur]H)se of heiiiii' delivered or sent or part with the i)ossessioii of any ])a|>er, letter or writing, with or without name signed thereto, or signed with a fic- titious name, or with any letter, mark or other designa- tion, or ])nl)lisli or canse to be piiMislied any statement for the pur]x>s(? of ])reventing any other person from obtaining em]»lovmerit in this State or elsewhere, aJid every jxirson who shall wilfully and maliciously "blaeklist" or cause to bo "blacklisted" any ];iei-s(in or jM'rsons, by writing, print- in.f or publishing, or causing the same to 1m' done, the name, (U- luai'k. oi" designation I'ejU'esenting the name of any ];i('rson in any pajicr, ]tam])hlet, circular or book, to- ii'etlier with anv slatcniciit concerning ]>ci"sons so named, or paiblisli or cause to be ])ublished that any jMM'son is a member of any secret organization, for the purpose of pre- venting such ]>ersnn from securing employment, or who shall wilfully and maliciously make or issue any stater thtit will tend to influence or ]>rejudice the mind of any employer against the ])erson of such jjerson seeking employment, or any person who shall do any of the things mentioned in tliis section for the pui-posc (d" catising the discharii'c; ermit given hy a State \^cterinarian, and Assistant State Veterinarian, a \%'terinarian of the riiited States Bureau of Animal Indnsti-y. or hy a veterinary acting under the or(h'r oi' dii'cctioii of the livestock sanitary hoard of any state: Provided . That in tlu' case of cattle over six months of age to he used for hrcH'ding or dairy ]>ur])os(>s^ the non- existence of tulxu'cnlosis shall have been determined hy the tuberculin test and certified to by the veterinary issuing the al)ove mentioned certificate of health and ]M'rniil : the cer- tificate of lieal'li and ])ei'mit given by the aboxc mentioned REGULATING TRANSPORTATION OF HORSES, ETC. 88 vctcriiian";!!! >li:ill lie iii\-cii in (liiplicatc, the (irioinal of wliicli >liall lie t'nr\\ai'tl(Ml r<> rlic. Stare \'<'teriiiari;iii of \\';isliiiiiiT(iii. aiifl ilic (lu]>licat(' i>i\'(-ii tii (•(niiDaiiv lo he attaelicd rrid«>-os' — shall aece}>t anv such animals for shipment intd tlie State of Wasliiiio'toii for work, feedino-, hreedinii' or dairy pnrjioses without the hill nf health anped in violation of this act. 98. (2) Animals hi'onoht into the State for the nuriMtse Exempt, for ' ' purposes of of exhihition at town, countv. disti'iet or State fairs shall exhibition only. not be snhjeet to al)ov<' rei»ulations : Prodded, lujii-cvcr. That in event of sale heino- made from such exhihition, the animal sold shall he snhmitted to examination by the State Veterinarian or his authorized dejvuty and thereby be subject to the rules and reiiulations o(,vei'nino' native Washi no'ton cattle. !>!>. (3) All railroad, li\-est(iek, transportation and Penalty for violation, stockyard companies and theii' employes and all other persons are hereby forbidden to bi'ing- iiorscs, cattle and swine into the State except in ce one weigher appointed for each of the transcon- tinental railroads running into this state, and that the office of said weighers shall commence when this act goes into effect. That the tenn of office of said weighers shall l^e for the period of four years. Weighers ]01. (2) That the Governor shall have the iiower, and removal of. ^ '^ - it is hereby made his duty, upon receiving a petition in writing from five manufacturers of shingles or lum])er, <^omplaining of the wrongful acts of any of said weighers or their deputies, to investigate such charges and in his discretion to remove such weigher and to appoint a suc- cessor for such weigher. Weighers. 102. (,3) That each weigher and each deputy weip'her and deputy / ^ _ ^ _ . . , must take shall, before enterinc; upon the duties of his office, take oath and > i give bond. .|n(l subscribe an oath that he will faithfully discharge the duties of his office to the best of his knowledge and al)ility. Each weigher shall execute to the State of Wash- ington a l)ond with two or more sureties, to be approved liy the Secretary of State, in the sum of three thousand dolbirs, conditioned that he and his deputies will faithfully ])erf(>rm their duties as lumber and shingle weighers, and if said himber and shingle weighers or his deputy shall fail to keep the conditions of said bond, then the person ago'rieved by his or their wrongful act shall have a right of action against said Aveigher and the sureties on said l)iii:(l. and they shall be liable on said bond for any judg- ment r(Y'ovored in such action to the amount of the pen- LUMBER AND SHINGLE WEIGHERS 85 altT of such l>ond. Tlie oath and bond shall W tiled with the Seoreteiy of State. 103. (4) That it shall he the duty of each of said rail- fo^rovide roads to constnict scales capable of weighing cars loaded ^^^i^s- with himber or shingles shipped from that ix)rtion of Washington west of the Cascade mountains at some point on their res|x^ctive lines and within the limits of this State for the pnrpise of weighing said lumber and shingles ; and that it shall be the dutv of each of said i-ailroads doing business east of the Cascade mountains to maintain scales on the east side of the mountains and within the limits of this State for the purpose of Awighing lund)er and shingles manufactured on each side of said nuiuntains. 104. (5) That each weighci' shall have the right to Deputies. ap]xnnt one or miore deputy weighers. 105. (()) That all lumber and shingles to be shipi>ecJ ^f^g^' beyond the limits of this State by railroad, shall first be weighed by said M'eigher or his de]>uty at tlu^ yihu'e where said scales are located. 106. (7) If any hnnber or shingles shall be shipiied Railroads ' • ° , ^ ^ to accept beyond the limits of this State by any railroad company weights. before being weighed by said weigher or his deputy, said railroad shall be comiielled to accept the weight named in the athdavit (if there be any affidavit) attached to the bill of lading, and in all cases where there is no such affidavit attached, said cars of shingles av lumbei- shall be weighed by said weigher in every instance; any failure to comply foTfaUure with the aT)ove requirements shall b<^ adjudged a misde- *^° comply. meanor, and on conviction thereof shall, for each offense, be fined in any sum not less than five huiid<'d dollars nor more than two thousand dollai-s. 107. (S) That uiMdi weidiin'-- said shiuiiles or lumber, Welghor-s ' ' ' _ bill to con- tlie weigher or his deputy shall make out a bill, stating tain what, therein the nauies of rh<' eonsigiioi- and the cxmsignee, the destination of said ear of shingles or luinl>er and the place from which said car was hilled, the name of the rail- road owiiiiiii' such cai' and the number of said car, together 86 RAILROAD LAWS OF WASHINGTON \vitli the imiiiber of sliiiio-les or niamiiit of hiinlxT said to ho eoiitaiiHMl in such car, and the total woiii'lit of shiiiglps Contain*'' *^^' linn^^'i" coiitaiiiod therein. That he shall enter upon the what. books of liis office, to he ]iirovided hv him and ke])t for that ]mr])'Ose, a correct co]>v of said hill, and shall mail or deliver to the consignee two correct co])ies of said hill, and to the agent of the railroad over which said car is shi]>]>e(l one correct copy of said hill, with the certificates f hereto attached, that it is a trne and correct hill, wliich bill so c>ertified shall be jtrosumptive evidence of the facts therein contained. Fees. 108. (9) That each weigher or his d('])int\' shall HH-eive and collect froan the railroad Ivv which said Inniber or shingles were receiA-ed, the snni of tiftv cents a car for each and every car of hiniber or shingles weighed by him. wefght^^ 109. (10) When any cars shall have l>een weighed, as herein designated, the said weight shall constitute the basis l>y which the weight of said hunber or shingles shall be determined. Emergency. ^yx'. 1 1. Whereas, there is at the present time no law on this subject, an emergency is declared to exist, and this act shall take effect from and after its passage and a|> ]>roval by the Governor. REQUIRING WEIGHING OF CARS LOADED WITH LUMBER AT JUNCTION OR COMMON POINTS. riiAi'TEi.' 12(), Laws ok 1905. Ax Act requiring railroad companies to weigh cars loaded with lumber, shingles and other forest products at junction points, and at some common point or points, and fixing penalty; re- pealing Chapter CXLIV, Session Laws of 1901. Be it cnarlrd by flic Let where errcjr is apparent, shall be based on the weights detennined l>v the weighing stations within the limits of this State, and all hills of lading of railroad companies operating within the limits of this State shall specify these provisions: Provided, This act shall not ^°g^PjP',fj„g iip])]y to switching charges or to the handling of logs charges, wheri' tlu' charges is h_v the car iir hy the thonsand feet. 112. (:J) Any railroad comiiany's employe acting as stau-m^n^t weigher shall npon request of any shipjx^r give him a que"t/^' statement showing gross and net weight of any shipment Ijy him. Sworn connt and weight of ship]>er shall he pre- sumptive evidence of true weight where error in railroad weights is a])parent. ... , . » n till -11 1 1 Separate 11:). (4) All cars ()) for every car it shall neglect to weigh and hill within the State as above ]>rovided, to 1m' recoveii'd from sik h company in action where there is aii\- agent of such laili'oad comiaiiy who may be ser\'e;i with piMcess, ami the |!eiialties recovered undei' this ad shall he piiid into thec(»iiiity treasury in sneli coiiuty when act ion is t aheii. 115. (('.) Xothingcoiitained in this hill shall inlerlVro ^r'^';;^'^*^^^^ with the right of the shipicr and carrier to enter into :, j)rivate contract regarding wei"hts when it is impractiealil • to weigh. 88 RAILROAD LAWS OF WASHINGTON FIXING AND REGULATING MAXIMUM RAILROAD PASSEN- GER RATES. Adults 3c. per mile. Children 1 l-2c. Violation. Penalty. Chapter 113, Laws of 1905. An Act regulating and fixing the maximum railroad passenger rates in the State of Washington, and providing for the due enforcement and observance of the rates so fixed. Beit enacted J)ij theLegislaime of the State of Washington: IKi. (1) ISTo railroad, its aoents or employes doing business within the State, shall charge for transporting or carrying passengers from one point within this State to another }x»int within this State at a rate exceeding three (3) cents per mile for each passenger over the age of twelve years so transported or carried, and one and one- half cents per mile for each passenger of the age of twelve years or under said age so transported or carried, Ala.. 108; Ind., 81; Kan., 28; N. C, 5; Okla., 39; S. C, 73; S. D., II. 117. (2) Every railroad coiii])niiy and any agent or ('nL|)l()yc of said railroad company, doing bnsiness in the State of Washington, who shall \iolate or evade any of the jM'ovisions of the foregoing section of this act shall f(tr each and every violation thereof he deemed giiilty of a misdemeaiif)!', and on conviction thereof shall he punished hy a fine of not less than five hundred dollars nor more than one thousand dollars, or may be imprisoned in the county jail for a ]x^riod of not less than six months nor more than one year, or both such fine and imprisonment ; and on the trial of any jx^rson or ]>ersons accused under this action of the offense aforesaid, it shall not Ix? a defense to such charge of the violation of the provisions of said sec- tion for sncli jXTson or ]>ersons to ju'ove that he, she or they were instructed or ordered to commit the acts charged in the information or indictment by an officer, or agent, or employe of the railroad company, for which he or they REGULATING PASSENGER RATES 89 were employed at tlie time the violation ehara'od in the information or indictment occurred, at said trial proof tJiat the person accused in the information or indictment, received money for the railroad company mentioned in the infoniiation or indictment, shall he pr'uiui fdcic proof of p^o^f^ ^^^^^ the agency charged in the information or indictment, and the courts shall so instmct the jury in such cases. lis. (3) Anv railroad c(ini]>anv doine; business witiiin Further ' ' • '^ penalty. the State of Washington, M-ho shall violate or evade any of the jwovisions of the foregoing sections of this act shall for each and every violation thereof forfeit and pay into the treasury of the State of Washington, in addition to the penalty and fine imposed l»y Section 2 of this act, a fur- ther sum of two hundred dollars, one-half thereof for the use and benefit of the person or passenger overcharged and one-half thereof for the use and benefit of the general school fund of tlie State; and tlu^ fine and penalties im- posed by this act under Section 2 shall likewise 1x3 paid into the o-eneral school fund ; and the Attorney General for the State of Washington, or any county attorney shall insti- tute the necessary criminal and civil proceedings to collect and enforce the fines, forfeitures, jX'ualties and punish- ments i^'ovided in tiiis act. ll!l. (4) This act shall not ;i]>|'ly to railroads wliose Not applic- able to cer- lines or route of travel does not (>x('e('(l one hundred miles tain lines. in I en at h. 90 RAILROAD LAWS OF WASHINGTON TO PREVENT FRAUDULENT SALE OF RAILWAY TICKETS TO TRAVELERS. C'liAi'TKK ISO, Laws of 1905. An A( t entitled "An Act to prevent fraud upon travelers and ^ prescribing where, how, and by whom railroad tickets shall be sold, and providing the terms upon which the redemption of the whole or any part of such tickets as may not have been used shall be made, and prescribing penalties for the violation of this act." lie tl ciKiclciJ hij UicLefj'tsJalurr of IlicStafe of Washington: ha^'""ceVun- ^-"- < 1 ) J^ ^l''*ll ^>^ ^^^t' duty ()f the nwuvv or owners company" "^" P'<^i'-'^*'^' *''" ]>er8nns o])erating" any railroad to })rovide every aiiciit who may he anthorized to sell its tickets or other ewide^ice of a right txj travel u]K)n any railroad with a certificate settting forth the authority of snch agent to make such sale. Such certificate shall ]k» duly attested by the cor]M)rate seal of the owner of such railroad or of the corporation o]>e'rating the same, and l)y the signature of the manager, secretary or general passenger agent of said railroad. Jll.. 20; Minn., 116. of'b^u'siness ^■^^' ^'^^ Every agent, person, firm, or co pro ration en- gaged in selling, issuing or dealing in railroad passenger transportation in this State, must have a fixed place of business in the town or city wherein such agent, person, tcf be^osteJ. fii'"i'j oi' corporation transacts said business, and such agent, person, firm or corporation is hereby required to keep the certificate mciitioiuMl in Section 1 of this act, posted in a cons],icuous ])hice in sucli )ilacc of business. 111.. 21: Minn., 117. Unlawful to 122. ('^) It .shall he uuhiwfnl for auv ijerson, iirm. i>art- sell tickets -^ _ _ • ' _ ' . without nership, corporation or association of anv kind who is authoiity. . ' . not ])ossessed oi' and has not posted the certificate of au- thority as ]>rescribed in Sections 1 and 2 hereof, to sell or cxclianoe or traiii^fer f)r to offer for sale or exchano-c or SALE OP PIAILWAY TICKETS 91 transfer the wluilc or any jiart <>f any railroad ticket <»r pass or otlier evidence of a right to travel n|K')n any rail- road, whether the same be situated or operated or owned within or without the limits of this State. 111.. 22. 1-2:]. (4) It shall be nnlaAvfnl for any jierson, firm, part- Fraudulent iiershi]>, cor]x>ration or associati<^»n of any kind to set np, establish, maintain, conduct or oj-x^rate within this State any otHcc or other ])]ace of business foi- tlie sale or ex('liani>e or transfer of the whole or any ]>aii' r»f any railroad tickets or ])asses or other evidence of a rioht to tra\el uj^wn any railroad within or without the limits of this State unless sucli ]XM'son, firm, ]>artiH'rshi]), corpitratioii or association is possessed of and has ]X)sted the certificate of authority as ]>rescrilx^d in Sections 1 and 2 hereof. 124. (5 ) Tn all prosecutions under Section 4 of this act, Prima facie ' evidopc.^-- iiroof of the maintenance of anv otHce or other idace of ^'^^*- .^ . ' ■ ' constitutes. business within this State ujion or within or in connection with which is attached or displayed any sioii bearing:- tlie words, "Railroad Ticket Office,'" or "Cut Rate OlKce," or "Railroad Tickets," or "Ticket Brokers," or any c^»ml)ina- tion of such words or any other words intended or calcu- lated to advertise to the pnhlic that the whole or any part of any railroad tickets or ]>ass(»s or other evidences of a riiiht to travel- u])on any railroad are sold or exchaniicd <»r transferrer] i herein wiiliout having ]X)sted within such of- fice or ])lace <»f business a i-ertificate of aulhuriiy as pro- vided in Section ."! JH'i'eof, siiall be sufficient e\i(|eiice \n establish a priDia [(trie case against the owner, proprietor, em])loye or ]X'rsoii in charge o1' said office or ])lace of business. 125. ((■») Aiiv iierson or iiersoiis \iolalinLi an\- d' the Misde- * ' • 1 I ■ • meanor- ■ ]irovisi(.ns of Sections 1, 2, :', or 4 of this act shall be P<^riaity. ('rmit any such em])il(ye who lias been on duty sixteen consecutive hours to gri on duty without having had at least ten hours off duty; or, to require or permit any such employe who has been on duty sixteen hours in the aggre- gate ill any twcnty-foui' hour period to conlinue on duty without having had at least eight hours oft" duty within the twenty-four hour period. Ind., 105; N. C, 3; S. D., 26. 12!*. (2) That any such coipuk ii cnn'ier, oi' any of its Penalty. othcers or agents viohiting any rovisions of this Act is hereby declared to he guilty of a misdemeanor, and upon conviction thei-eof shall be liable to a ]>enalty of not less than one hundred or iiioi-e tlian one thousand dollars for each and every such violation to be recovered in a suit or suits to 1)0 brought by the Attorney General ; and it shall be the dulv of the Attcu'uev (ieneral to hriuc; such Attorney ' General to suits u]Min duly \'erilie(l iufoiuiation being loclgcNl with liiiii' brins action, of such violation having occurred, in any su]>erioi' court ; and it shall also be the duty of the Iviiilroad ("oniniissiou to 94 RAILROAD LAWS OF WASHINGTON fully investigate all cases of violation of this Act. and to lodge with the AttoriKn- Gc^nt'ral inforniatinn of any such violatidii as may coinc to its knowledge. liid., 1U7. COMPELLING RAILROADS TO FENCE RIGHTS-OF-WAY. Chapter 88, Laws or 1907. Ax Act compelling railroads to fence their rights-of-way and to protect the owners of stock injured by moving railway trains, declaring a law of negligence with regard to stock injured by railway trains. Be II cnacied by the Legislature of the State of Wanhlnglon: Track to be J ;>() (^^ Everv porson, company or corporation hav- ing the control or management of any railroad shall, within six months after the passage of this act, ontside of any corix>rate city or town, and ontside the limits of any side- track or switch, canse to be constructed and maintained in good r('])aii' on (Mteh side of said railroad, along the line of said right-of-way of such ]>erson, company or corpora- tion oj^erating the same, a sul>stantial fence, and at every ])ioint where any roadway or other public highway shall Crossings cross said railroad, a safe and sufficient crossing nuist be built and maintained, and on each side of such crossing and at each end of such sidetrack or switch, outside of any incorporated city or town, a sufficient cattle guard : Pvo- i'lded, That any ])erson holding land on both sid(^s of said right-of-way shall have the right to put in gates for his own use at such places as may be convenient. Fla., 21: UI.. 4; Miss., 12; Mo., .37. ki'fury '^lo '^^'"^ lol. (2) Every such jK-rson, company or coriMivation ^^°^ ■ owning or operating such railroad shall be liable for all damages sustained in the injury or killing of stock in any manner by reason of the failure of such jjerson, com- FROGS AND SWITCHES 05 ];iiiv Ml' ('(ii']i(ir;ili(ui, t(i const I'lict liiid iiiai iitaiii siu-b tVnce cr .such (;ro8sing- or cattle <>uar(l ; Juit when such fences, crossings and guai'ds ha\-e \)ovn duly made, and shall Ix? kept in good repair, such ])<'i-sGn, company or coi'poration sliali Mdt Ik' liable fany or cor]H)i'atiou. to show that the I'ailroad track was not fenced wirh a suh- stantial fence or prote^cti'd hy a sulticient cattle guard at the j^lace where the stock was injured or killed. FROGS AND SWITCHES TO BE GUARDED -FLAGMEN MUST SPEAK ENGLISH LANGUAGE. Chapter 1:58, Laws oi' r.H)T. A.\ Act relating to railroads and the regulation of railroads, and amending section 1 of chapter XXXV of Session Laws 1899. Be II riKirlcd hi/ flic Lcf/islal in c of llic Slalc of Wasli liii/li/ii : 133, (1) That section 1 of an act entitled ".\n act re(|uii'ing p<'i'sons, railr(»ad companies or cor]>oi'at ions to so adjust, till. Mock and secui-ely guai'd th(^ frogs, switches and guai'd I'ails on theii- roads as to proteet and ])revent injuiy to employo and other p<'i'sons, and providing a penalty for the \'i(dation thereot," appro\'e(| March oi-at ions, owniiii: <>r oiK'i'atinii' a railroad or fi'ogs.- railroads in this State, shall be and arc^ hei'ebv reiiuired on 'i^'\'J Ruani ' rails. or before the first day «d" Octolx-r, lMii>, to so adjust, till, l)l<>ck and secured v liiuird the fro^is, switches and una I'd 96 RAILROAD LAWS OF WASHINGTON rails on tlicir roads as to protwt and prevent the feet of eniplo^'es and other ]x^rsons from being caught therein. That any railroad (>]Kn-ating within this State, shall not employ or nse as flagman any }>erson or j^ersons who can- not read, write and s]X'ak the English language. Conn., 14; Ul., 17; Mich., 83; Minn., 50. Injured per- 1'^-^, (2) Any person or persons, railroad companies or sons may v / ■/ i i ? r recover^foj^^ g^^j.p,^j.jj^JQjjg owniug or oj:>erating a railroad or railroads in suiting from ^\^j^ State, shall he liable for any damage rely with the provisions of this act; such dam- ages to be recovered by the parties entitled to recover as provided in sections 137, 138 and 139 of volume 2 of Hill's Annotated Cbdes and Statutes of Washington, being sec- tions 4827, 4828 and 4829, Ballinger's Annotated Codes and Statutes of Washington. (Ch. 35, Laws 1899, p. 49.) ron^coni-'^' 135. (3) Any person or i>ersons, railroad companies or phance. eiu'porations, ov\iiiiig ov o])eratiug any railroad in this State, failing to comijly with the provisions of this act within the time limited, shall be deemed giiilty of a misde- meanor, and on conviction thereof shall be fined in any Mim not less than five hundred dollars nor more than two thousand dollars. ( ( h. 35, Laws 1899, p. 49.) OVERCHARGES. Chapter 187, Laws oi- 1907. Ax Act relating to overcharges on prices, rates or tariffs which by law are required to be published, and providing for inter- est thereon. Be ll fiiaclcd hij ihe LeijisUdinc of llw Shitcof \\ anliingloii: Over- 1Z%. (]) Any corporation, partnership or individual shall oe ^\-]„) furuislics the iiiil)lic anv "dods, wares, merchandise, refunded. ' . ,■- ? ' ' pledge, security, insurance or transportation of which the ]irice, rate nr tariff is by law rc(]uired to be published, EQUIPMENT OF FLAT CARS 97 shall, Avhen any jn-icx', rate or tariff is chargod in excess of tho existing and established price, rate or tariff, refund to the person, partnership or corporation so overcharged, or to the assignee of such claim, the amount of such over- charge, and on failure so to do, the claim for such over- charge shall bear interest at tlio rate of eight ])er cxMit. ])<'r annum until paid. EQUIPMENT OF FLAT CARS WITH STAKES, STANDARDS, ETC. Cjiai'tkr 218, Laws OF 1907. An Act requiring railroad companies and other common carriers to equip flat cars witli stalves, standards, supports, strips, rail- ings, chains, and other appliances necessary to the safe car- riage of goods, commodities and products, that the weight of such appliances shall be made part and parcel of weight of car, and providing reimbursement to shipper or loader, when the shipper or loader furnishes the necessary requisite stakes, standards, supports, strips, railings and other appliances. Be il enacted hi/ flie Let/lslal iire of Ihe^lnle of ]Vash.[n(jtori: l.']7. ( 1 ) . The: stakes, standards, suimorts, stavo, Equipment railings and other equi}!iiifMits, appliances and contrivances necessary to offectuallv and suitably equi]) and sui)ply every and all flat cars, and cars belonging t<» any ;nid every railroad company, oi- ]!crson engaged in the busi- ness of carrying for hii'<' in this State shall constitute and be held consich^red ]>art iind ]iarc(d erf said cars, and the \v<'idit of sainc shall he added to the weii;ht of the cars, ^^^'^'^^^ ^^ ^ ' be deducted. ami shall he dcdncted from the Aveight of the cai'go, CDm- modity, or ])rodtict shijipcd ou any and all such (hit car or cars so that the freight charges shall Iw. charged by ihe cai'rier only on the cargo, com(midity or product carried. l.'»S. ( -! ) Whenever anv railroad c(Mnpanv or anv TXK'- Shipper sfin engaged in the business of can-ying iov hire in this nish— when. State shall set in or fnrnish any ju'i'son oi- persons any Hal car or cars that is, oi- are iml. ]ii-o\i(led with sfakes, sfaml- —7 98 Payment for stakes. RAILROAD LAWS OF WASBINGTON ai'ds, sii])piiirs. stavs, railiiiiis and dtlici- ('([ui|nii('iifs, ap])li- aiiccs and cdiit rivaiices necessary to effectnally and snita1)ly ('(|iii|) and supply (n'ery and all such flat car or cars for llic |>nr]>osc of loading- and traiis]^iortin<»' <>'oods, conunodi- fic> 111- products, and it shall he necessary and reipiisite that th(> shi];p('r oi- loader of any ii'oods, conionidities or products shall furnish any stak<'s, standards, su])j>orts, stays, railinti's and othei- (Hjuipmeuts, a]>i>iiances and con- trivances necessary \o effectuall\' and snitahly e(piip and su]>})ly such flat car or cars for the pur])ose of ti'ansport- ing any ockkIs, coiiKHndities ov ])roducts, the carrier or railr(>ad company, oi- person engai>ed in tin- business of carrying' for hire, shall ])ay to the shi])])cr or loader of any such flat oar or cars the cost and ex|x>nse of ])lacin ports, stays, railings or otlu'r eijuipinents, appliances, and contrivances ne•c^essary to eflectnally and snitahly e(|ui}) or supply every and all such flat ear or cars. UNIFORMS OF RAILWAY EMPOYES. Unlawful to require employes to purchase uniforms of tompan\'. ('iiAi'j'Ki; 224, La\vs ok 1907. Ax -Act making it unlawful for any railroad and other transpor- tation companies doing business in the state of Washington and any agent, officer or servant of any railroad or other transportation companies, to require any employe of such railroad or transportation companies to purchase of any such company or of any particular person, firm or corporation, or at any particular place or places, the uniforms or other clothing or apparrel required by any such railroad or other transportation companies to be used by such employes in the performance of their duties as such, and fixing a penalty there- for. />r it ciKlclcd hi/ llic Ijiujisial lire of IIic >^l(ilr of W'dsli i lu/foii : ]?A). (1) It shall he unlawful for any railroad or other trans]MU'tation coni]>any doing business in the Stat^' of Washington, or of any officer, agent or servant of such UNIFORMS OF EMPLOYES 99 raili'dail rctiuire aiiv coudiu'tor, enwineer, l>rakfiiiaii. tirciiiaii, |mrs.cr, or otlicv employe, as a eoiidition nf liis fontiinuMl ('iii]>loyiiieiit, i r othenvise to reijuirc or (•(iinjtel, or attein])t to recjiiiri' or (•i'ati<>n or at any particular ]>la('e or jflaces, any iinifoi'ni oi- dtlicr clotliini>- oi- a)>]>arcK rcciuirccl l)y any such I'ailroad or othci- traus]w>rtation c<)nipan\ l-i be used by any such employe in the ]>erformanee of his duties as such; and any such railroad or trans]X)rtatiou com]>auy oi- any officer, aiicnt or servant thereof, who sliall oi'dci' or recpiirc any conductitr, eng'ineer. ]>rakcnian, Hrenian, ]>urser, or other ]>ersou in its employ, to jmrchase any uniforui or other clothing or apparel as aforesaid, shall 1m^ deemed to have re(]uireurchase as a condi- tion of such emi])loye's continu('(l cmphiyment. 140. {2) Any railroad or orlicr ti-ansjMU'tatitin ('oni]>auy Penalty, doino- husiness in the State of \Vashin' any of the ]>rovision.s of this act sliall he deemed anilty of a misdenieaiior and n]Min ('(invictioii thereof shall lie ]ninishe(l hy a line in any sum not less than One Ilnndred Dollars (-i^lOO) n.ir more than Fixe lmiidre(l l)ollai's (.$5()()), oi" hy iiii]>ri-oii- meiit ill the county jail of the county where the iiiisdo- meaiior is coimuitted. iiol e.\ceedin<:- six months. SYNOPSES OF COMMISSION LAWS OP OTHER STATES. (Following are synopses of Commission Laws of the other states. The first number is the paragraph number and is the one referred to in the annotations to the preceeding sections; the number in the parentheses refers to the section of the law of this state as arranged herein and indicates that such section is on the same subject matter as the paragraph to which such number is attached; the number following each paragraph is the section reference to the law of the state named, which law is referred to usually immediately following the name of the state.) (Alaban2— ~:: "rrences to Laws *07O ALABAMA. 1. (1) Commission to consist of president and two associate members: elected president at one biennial; associate members at following biennial; term 4 years. No two commissioners from same congressional district. Vacancies to be filled by governor, p. 68, sec. 1. 2. (2) Style of commission, "Railroad Commission of Alabama." p. 70, sec. 2. ?<. (2i Commission to have seal. p. 70, sec. 2. 4. (1) Stockholders or employee of railroad not eligible to office of commis- sioner, p. 70, sec. 3. 5 (1) Commissioner may be impeached by Supreme Court as other officers, p. 70, sec. 4. 6. Acceptance by commissioner of any gift or favor from common carrier, ex- cept transportation for official business, forfeits office, p. 70, sec. 4. 7. (1) Salary of commissioners: President $3,500; Associate $3,000; Clerk $2,400. p. 70, sec. 5. 5. (2) Commission to employ such assistance as is necessary, including experts, p. 70, sec. 5. 9. Expenses for experts not to exceed $2,500 per annum, p. 70, sec. 5. 10. (2) Office of commission to be at state capitol. p. 71, sec. 6. 11. Commission to hold meetings first Monday in each month, p. 71, sec. 6. 12. Record of proceedings to be public, p. 71, sec. 6. i;^. Commission to adopt rules of procedure, p. 71, sec. 7. 14. Hearings of commission to be public, p. 71, sec. 7. 15. {13b) Commission to make annual report to governor, p. 71, sec. 7. 16. (la) Commissioner or clerk not to render any service, or perform any busi- ness contracts for railroad, either by himself or throught a partner, p. 71, sec. 9. 17. (22) "Transportation Company" includes an.v person, etc., owning, operating or controling any railroad, cars, bridges, terminals or sidetrack in connection therewith, express and sleeping car company. Act applies to receivings, switching, delivering, storing and hauling of freight, or the transportation of passengers to all railroads, express, car companies, etc. p. 72, sec. 11. 18. (22) Act not to apply to street railroads, or private logging roads, p. ?J, sec. 12. 19. (IV> Service of transportation company to be adequate and charges must b'- reasonable, p. 73, sec. 13. 20. Rates or classification Hxed by statute not to be Increased b.v commission. p. 73, sec. 13. 21. (3) All rates or classification of carrier Inconsistent with those fixed by law or by commission void. p. 73, sec. 13. 102 SYNOPSES OF COMMISSION LAWS. 22. (3) Commission to have authority to regulate location and building of pas- senger and freight depots, correct abuses, fix tariffs, etc. p. 74, sec. 14. 23. (3) Commission to inquire into management of transportation companies, and to obtain from such companies complete infoimation to enable it to perform its duties, p. 74, sec. 15. 24. Commission to have free tran.sportation when on oflicial duties, p. 74, sec. 15. 25. Roads to b-e classified by commission, which classification may be changed from time to time. p. 74, sec. 16. 26. Commission may change classification of articles whether fixed Ijy statute or otherwise, p. 75, sec. 16. 27. Commission not to increase rates established by statute, p. 75, sec. 17. 28. Statutoo" rates to be enforced by commission, v. 75, sec. IS. 29. (13) Commission to prepare suitable blanks for carriera to report oni p. 75, sec. 19. 30. (13) Carrier to fill out blanks and verify under oath of office, infoi-mation contained, p. 75, sec. 19. 31. (11) Commissioner or employe of commission to inspect any books or papers or to examine under oath any officer, nsent or emiiloyee of railroad company, p. 76, sec. 20. 32. (13) Railroads to make annual reports of business to commission, p. 76, sec. 20 1-2. 33. (13) Books, papers and records of railroad to be produced on order of com- mission, p. 76, sec. 21. 34. (37) Railroads to report accidents to commission, p. 77, sec. 22. 35. (6) Any person, firm or corporation, association, club or" society, or munici- pal organization may make complaint on any matter affecting the transportation of persons or property, p. 77, sec. 23. .36. (6) I'pon complaint being filed commission to notify carrier ten da\s be- fore hearing thereon, p. 77, sec. 23. 37. (fi) Complaints regarding several rates rnaj' have .separate hearing, p. 78, sec. 24. .38. (6) Complaint not to be dismissed because (if absence of direct damage to complainant, p. 78, sec, 24. 29. (6) Commission may proceed without complaints filed, p. 78, sec. 2C. 40. (6) Any commissioner may administer oaths, certify acts , issue subpoenas, p. 79, sec. 26. 41. (6b) On application of any commissioner, court to issue citation to wit- ness compelling attendance, and to testify and produce papers, p. 79, sec. 26. 42. (14)Witness not to be excused through evidence incriminating, but such evidence not to be used in any criminal prosecution against such witness, p. 79, sec. 26 1-2. 43. Witness entitled to fees and mileage when subpoenaed by commission, p. SO, sec. 27. 44. (14) Commission may take evidence by depositions, p. SO, sec. 28. 45. Complete record of all hearings to be kept. p. SI, sec. 29. 46. Transcribed copy of evidence certified to by oflicial stenographer can be re- ceived as correct evidence, p. 81, sec. 29. 47. Commission may at any time upon notice fix rates for future obser\-ance. p. 81, sec. .';0. 48. (3) Carrier must observe rates fixed by commission, p. 82, sec. 30. 49. Commission may amend or revise any rate or schedule fixed by it. p. 82, sec. 31. 50. (4) Upon failure of roads to agree upon joint rate, commission may appor- tion, p. 82, sec. 32. 51. (3) Upon failure of connecting carriers to establish joint rate commission may, after notice, fix the same. p. 83, sec. 33. 52. (6) Connecting carriers may be joined in one proceeding on hearing on joint rates, p. 83, sec. 34. 53. (3) Carrier dissatisfied by the rates fixed by commission may appeal there- from to circuit court, p. 83, sec. 30. SYNOPSES OF COMMISSION LAWS. 103 54. (3; Railroad commihsion to be defendant in aiiptals from its orders, p. 84, sec. £6. ■55. (3) Either party may appeal from circuit court to the supreme court, p. 85, sec. 37. 56. (3) In appeals b>' commis.sion no bond required, p. 8j, sec. .'.". 57. (9) Appeals under this act shall have precedence over other appeals, p. 87, sec. 37. 58. (3) Carrier on appeal from commi-'-'sion may stay order of commission oy filing bond. p. 88, sec. S7. 59. (3) Any person damaged by reason of stay of an order of commission ap- pealed therefrom may sue on bond staying order, p. 90, sec. 37. 60. No order of commission shall be stayed, except upon special hearing by court after five days' notice to commission, and by filing of bond. p. 90, sec. 38. 61. Any shipper injured by reason of stay of order of commission to have right of action on bond filed by carrier, p. 93, sec. 38. 62. Rates fixed by commission unless changed by court shall remain the rates unless changed by cominission. p. 93, sec. 37. 63. (3) In appeals, decree of court affirming commission, must direct the car- rier to obser\-e such order, p. 94, sec. 40. 64. (3) Actions to contest rate or order fixed by commission or rate .fixed by law, must be commenced within tsventy days after the taking effect of such rate or order, p. 91, sec. 41. 65. (7-8) Rates or orders made by commission prima facie just and reasonable, p. S5, sec. 42. £6. (3"! Court affirming order of commission shall especially enjoin carrier to obey the same. p. 94, sec. 40. 67. (9 & 25) Commission may, by mandamus, force obedience to orders, p. 94, sec. 41. 68. (9) Attorney general or attorney appointed by governor to appear for com- mission in mandamus proceedings, p. 95, sec. 41. 69. (7 & 8) All rates and orders made, by commission shall be deemed fair and reasonable until contrary shown, p. 95, sec. 42. 70. Any foreign corporation commencing an action in the Federal courts, set aside any order or annul, fixed by the commission, or to remove any proceedings in the State courts involving any rate or order fixed by the commission, to the Federal court, shall forfeit its right to business in this state, p. 98, sec. 43. 71. Cost may be taxed against railroad in any v)roceedlng under this act. p. 97, sec. 44. 72. Carrier charging excessive rate must refund the same within 60 days, under penalty not exceeding $1,000. p. 98, sec. 45. 73. (23) Rights, actions, penalties and forfeitures, uiuUr this act cumulative and shall be no bar to other actions, p. 98, sec. 46. 74. Substantial compliance with this act by commission sufficient, p. 98. sec. 47. 75. (3) Commission to have all powers necessary for regulation of common carrier, not specially enumerated, p. 99, sec. 48. 76. (13c) Commission to investigate violatiton of inter-state commerce rules, and may petition inter-state commission for relief, p. 99, sec. 49. 77. (3a) When public interest demands it, commission may suspend an>- rate or order fixed by it. p. 99, sec. 50. 78. Commission to make rules and regulalions for issue, sale or redemption of interchangeable ticket for mileage book. p. 142. 79. (38) Any officer, agent or employe of common carrier, knowingh- charging greater rate than allowed by law, guilty of misdemeanor. )). 141. 80. (65) An act establishing maximum freight rates, p. 14.">. SI. (29) Application for tliree cars must be supplied within two days, not more tlian ten cars within five days, more than twenty-five within ten days, or pay ship- per .?1.00 per day per car for such failure, n. 101. 82. (40) Loaded cars must be received and forwardi d at least 50 miles per day. p. 162, sec. 2. 83. (40) Railrcad failing to forward freight ."o milts per day, shall le I'able to 104 SYNOPSES OF COMMISSION LAWS. shipper $1.00 per day per car, or one cent per day per hundred pounds, in less than car load lots. p. 162, sec. 2. 84. (42) Railroads shall notify consignee upon arrival or shipment, p. 163, sec. 3. 85. (43) Railroads must place cars at reasonable places for unloading within 24 hours after arrival, p. 164. sec. 4. S6. (44) Freight in car load lots or at car load rates, or freight taking track de- livery, subject to the provisions of this act. p. 164, sec. 5. 87. (45) Shipper must load car within 48 hours or pay $1.00 per day per car for such failure, p. 164, sec. 6. 88. (46) Car detained by shipper failing to give proper shipping instructions or for improrer loading. Shipper to pay $1.00 per day per car. p. 165, sec. 7. 89. (47) Notice required by this act may be personal or by mail, if latter, 24 hours additional time allowed without demurrage charge, p. 166, sec. S. 90. (4S) Freight not moved from depot within 48 hours after notice of arrival, liable to storage charges, p. 166, sec. 9. 91. (49) Shipper must unload car within 48 hours after notice of arrival, ex- cept certain goods may be allowed 72 hours, shall te liable for demurrage charges, p. 167, sec. 10. 92. (50) Excessively inclement weather, time shall be added for loading and unloading, p. 167, sec. 11. 93. Reasonable- time additional allowed person living more than three miles from depot to load or unload freight, p. 168, sec. 12. 94. Cars loaded with goods for export, 10 days allowed for unloading at port, p. 168, sec. 13. 95. (52) Company may unload car in depot and charge storage in lieu of de- murrage, p. 168, sec. 14. 86. (52) Shipper liable for storage or demurrage charges on goods not accepted by consignee, p. 168, sec. 15. 97. (54) No discrimination, rebate or drawback to be allowed on demurrage charges, p. 169, sec. 17. 98. (55) Demurrage not to be charged on private cars on private tracks, p. 169, sec. IS. 99. (59) Person entitled to actual damage in addition to demurrage, p. 170, sec. 21. 100. Terminal or switching company causing shipper or carrier delays liable for demurrage charges, to such shipper or carrier, p. 170, sec. 22. 101. (01) Claim against carrier not paid within CO days to be trebled, p. 171, sec. 23. 102. (62) Person ordering cars without intention to use .«ame guilty of misde- meanor, p. 171. sec. 24. 103. Carrier may commence action in circuit or chancer>' court to test validity of rate fixed ty statute, p. 225, sec. 1. 104. In action by carrier to test validity- of rate fixed by statute, railroad com- mission shall be made defendant, p. 225, sec. 1. 105. Commission or carrier may appeal from decision of circuit or chancery court en decision on rate fixed by statute, p. 226, sec. 2. 106. No injunction or decree to be made suspending or staying rates fixed by statute, except upon hearing after five days' notice, p. 228, sec. 3. 107. Foreign corporation that shall petition the removal of any action against it pending in the State court to the Federal courts shall ipso facto forfeit its right to do business in the state, p. 2^0. lOS. (116) Full fare passenger rates not to exceed 2 1-2 cents per mile. p. 3fi. 1(9. (15e) Free passes, rebates, reductions or discounts by common carriers un- lawful, p. 37. 110. (21) All railroads are common carriers, p. 49, sec. 1. 111. (10) Railroads must keep printed schedules and post same in conspicuous places, p. 49, sec. 2. 112. (3) Railroads shall establish joint rates, p. 50, sec. 2. 113. (3) .\11 schedules of rates, including interstate rates and tariffs shall be filed with railroad commission, p. TO, sec. 2. SYNOPSES OF COMMISSION LAWS. iQ^ 114. (10) Schedules shall not be changed except l)y approval of commission, p 51, sec. 3. 115. Notice of change of rates to be posted in depots, p. 51, sec. 4. 116. Rates to be cliarged to be same as those in published schedules, p. 51, sec. 5. 117. Copies of all contracts entered into between common carriers to be filed with commiss'on. p. 52, sec. 5. lis. Annual report of all free passes or tickets at reduced rate issued, to be made by railroads to lailroad commission, p. 52, sec. 7. 119. (15a) Rebates and unjust discrimination by railroads defined and prohibited —penalty, $100 to $10, COO. p. .52, sec. S. 120. (15a) Reduced rates in consideration of shipper furnishing portion of ship- ping facilities prohibited, p. 53, sec. 9. 121. (.3) Joint rates must be reasonable; unreasonable charges unlawful, p. 53, sec. 10. 122. (4) Less charge for one railroad's proportion of a joint rate than local rate is not discrimination, p. 53, sec. 10. 123. Special contract rates by railroads permitted if open to all shippers, p. 53, sec. 11. 124. Special contract rates to be under supervision of railroad commission, p. 53, sec. 11. 125. (IV) Different railroads in same town shall make ph.vsical connections upon oi'der of commission, p. 53, sec. 12. 126. (IV) Railroads having physical connections with one another to furnish proper facilities for interchange of traffic, p. 53, sec. 12. 127. Duty of railroads to make switch connections with other railroads or private shipper, when same is reasonable and practicable, cars to be furnished therefor, p. 54, sec. 13. 128. Track connections to be made by intersecting or connecting roads for trans- ferring cars. p. 54, sec. 14. 129. Reasonable and equal facilities for interchange of cars to and from inter- secting or connecting lines to be furnished, p. 55. sees. 14-15. 130. Connecting railroads to pay proportionate share of expense of making track connections, p. 55, sec. 14. 131. Railroads must switch cars to and from connecting line for reasonable compensation, and without discrimination or delay, p. 55, sec. 15. 132. (15b') Preference to be given live stock and perishable goods in switching cars to and frcm connecting lines, p. 55, sec. 15. 133. (39) Railroads to furnish cars to shipper upon such reasonable notice, as is prescribed by commission, p. 55, sec. 16. 134. (15) Preference net to be shown in distribution of cars to shippers, p. 56, sec. Ifi. 125. Ho) I'njust disci'iminali- shall show all receipts and ix'iendi- tures. 17. 51 (21) All violations of this act. or any rules or regulations of the commission by any railroad or express company, shall be liable to the penalty not less than 108 SYNOPSES OF COMMISSION LAWS. $500 nor more than $3000 for each violation. 18. and L. '03 Ch. 5. 5 of '03. 52. Commission shall institute actions for the recovery of penalties for the violation of this act, through the Prosecuting Attorney of the proper district. No such suit shall be dismissed or compromised without the consent of the commis- sion. 18. 53. On refusal of the Prosecuting Attorney to bring suit, commission will em- ploy other attorney. IS. 54. Commission's decisions shall be in writing, and shall be spread upon the record kept for that purpose. 19. 55. (3) All determinations by said commission duly certified, shall be received in all civil actions in the Courts of this State as prima facie evidence, that such determination was right and proper. 19. 56. (3)Findings of this commission shall be received in all courts as piima facie correct. 19. 57. Acts shall not be construed as to affect interstate business. 20. 58. Commission shall make a report of its expenses at the end of the month. 21. 59. (9) Company may be compelled by mandamus to comply with this act or order of the commission, such action to be in name of state on relation of com- mission. 22. 60. (6) On complaint of any person, commission shall make investigation of discrimination or overcharge. 23. 61. (3) This act shall "Include all carriers of property by railroad when the same are designated as freight or exijress." 24. 62. (11) Commissioners or either of them may inspect books of railroad com- panies. 25. 63. (11) Railroad company refusing to permit inspection of books, shall be lia- ble to a fine of not less than $100 nor more than $500 for each day of such refus- al. 25. 64. (11a) Officers or agents to railroad company refusing to show books of company shall be fined. 26. 65. (12) Commission shall ascertain cost of construction and eciuipment per mile, and also amount expended for right-of-wa>'. 27. 66. Report of the commission as to the value of each road shall be filed with the Attorney General, and with the State Auditor. 27. 67. (13b) Commission shall make an annual report to the Governor. 28. 68. (6b) Commission shall have power to subpoena witnesses, and by attach- ment compel witnesses to come before it and testify; under refusal of any witness to testify, the commission may fine and imprison such witness for such con- tempt. 29. 69. (14) Witnesses shall be allowed fees when residing outside of the county where hearing is held, except, witnesses interested in road shall not be entitled to per diem or mileage, where free transportation is used. 29. 70. In contest before the commission, the unsuccessful may be taxed costs. 29. 71. (14) Witnesses shall be immune from criminal prosecution for acts testified to before such commission. 29. 72. (23) The provisions of this act are cumulative. 30. 73. (2) The board may from time to time employ an expert and tix his com- pensation. Ch. 119, sec. 2. 74. Branch line roads may compel main lines to agree on joint rates. Ch. 119, sec. 3. 75 .(3) Commission shall investigate public demand for any proposed branch line of the road, and if necessary shall establish joint rates on it and the mam line. Ch. 119. sec. 9. 76. (6b) Each commissioner and the secretary sliall have power to adminioier oaths. Ch. 119, sec. 9. 77. (15b) The railroad shall receive and forward without discrimination, freight received from connecting lines. Act Apr. 8, '03, sec. 1. 78. Railroads shall sell tickets for just compensation to any point within the State on own, or connecting line of railroad. Act Apr. 8, '03. sec. 2. SYNOPSES OF COMMISSION LAWS 109 79. Co) Commission shall make joint rates on all connecting roads in the State. Act Apr. 8, •03, sec. 3. 80. (4) If roads cannot agree on distribution of joint rates, commission may order division. Act Apr. 8, "03, sec. 4. 81. Penalties for the violation of this act shall bo recovered by the commis- sion through the Prosecuting Attorney of the proper district, or by some attor- r.eys selected by the commission on the refusal of the Prosecuting Attorney to act. Act of Apr. 8, 03, sec. 5. 82. The fee allowed to the Prosecuting Attorney, or attorneys selected by the commission, shall not exceed 25 per cent of the amount of the fine. Act of Apr. 8, 'OS, sec. 5. 83. In all actions by the State for violations of the rates fixed by the com- mission, the company way put in defense the unjustness of such rate so fixed. Act of Apr. S, '03, sec. 5. CALIFORNIA. (Following references are to Art. XII State Constitution.) 1. Railroad Commissioners to have free transportation over railroads. 19. 2. (15) Discrimination in charges or facilities for transportation by railroads prohibited. 21. 3. State to be divided into three Railroad Commissioner districts. 22. 4. (1) Term of office four years. 22. 5. (la) Qualifications of Commissioners. 22. 6. (3) Commissioners to have power to establish rates and charges for trans- portation of passengers and freight. 22. 7. (11) Commissioners to have authority to examine books, records and papers of all railroad and transportation companies. 22. S. (6) Commission to have authority to issue subpoenas and all other neces- sary process. 22. !.'. (6) Commission to have authority to hear and determine complaints against railroads. 22. 10. Commission to have authority to punish for contempt of their order.s to same extent as courts of record. 22. 11. (13) Commissioners shall prescribe a uniform system of accounts to be kept by railroads. 22. 12. (5) Penalty for refusal by railroads to obey orders of Commission. 22. 13. (3) Rates and fares fixed by Commission to be deemed conclusive in court. 22 14. (13b') Commission shall make annual report to Governor. 22. 1.5. Legislature may enforce this Article by forfeiture of charter or otherwise. 22. 16. (1) Commissioners subject to removal by two-tliird vote of legislature. 22. 17. (lb) Vacancies in Board to be filled by appointment by Governor. 22. Following references are to Ch. LIX, Laws of 'SO.) 15. (1) Three Commissioners elected by districts. 1. 19. (1) Oflficial title of Board. President of Board to be elected by Commis- sion. 1. 20. (2) Commission to appoint a secretary and bailiff and it may employ a stenographer. 1. 21. (Id) Salary of Commissioners $4,000. 2. 22. (2) Salary of secretary $2,400. 2. 23. (2) Salary of bailiff $1,200. 2. 24. (2) Commissioners and official employes to have their traveling expenses paid. 2. 25. Commissioners allowed $150 i)er month for ofiice rent and incidental expen- ses. 2. 26. Stationery and printing for the Commission to bo furnished by the State. 2. 27. Commissioners and employes to have free transportation on common car- riers. 3. no SYNOPSES OF COMMISSION LAWS. 28. (21) Attorney General to appear for Commis.sion on request at any proceed- ings or hearing's. 4. 29. Commission may employ additional counsel to assist attorney general. 4. SO. (2) Commission shall have its office at San Francisco. 5. 31. (2a) Commission to hold sessions at least once a month. 5. 32. (2a) Commission may hold sessions any place within the state. 5. 33. (6a) Sessions of Commission to be public. 5. o4. Notice of sessions of Commission at any other place in state to be publish- ed in newspapers. 5. i.5. (2) OfBcial seal and official use of. G i.6. (6) The Commission maj' issue writs of summon.s and subpoenas in like manner as courts of record. 7. 37. (2) Duties of secretary and bailiff of Commission. 8. 58. Complaints to Commission must be in writing and under oath. 8. 59. Complainant may bring suit in any court of competent jurisdiction based on decision of Commission. 10. 40. (3) Copies of rates and charges fixed by Commission shall be served on common carriers interested. 11. 41. (10) Rate schedule fixed by Commission shall be posted by common car- riers in all offices and station buildings. 11. 42. (3) Rates and charges fixed by Commission shall go into effect twenty days after service. 11. 43. Jurisdiction conferred on Commission under constitution. 12. 44. (22) Definition of term transportation companies used in Commission act. 14. COLORADO. (References are to Act of March 22, "07.) 1. (22) Act to apply to corijoration or person engaged in transportation of pas- sengers or property, or to the receiving or delivering, storing or handling proper- ty shipped. 1. 2. (22) Local roads less than 20 miles in length and street railways exempt from operation of act. 1. 3. (22) Definition of terms "Common carrier." "Railroad" and "Transporta- tion." . 4. (3) Carrier to provide transportation at just and reasonable rates. 2. 5. (3) Unjust and unreasonable rates prohibited. 3. 6. (15) Carrier giving any rebate, special rate, favor, guilty of unjust discrim- ination. 4. 7. (10) Carrier must file schedules with commission. 6. 8. Schedules to show separately joint rates, terminal, storage and icing charges. 6. 9. (10) Printed schedules to be kept posted in two public places at every de- pot. 6. 10. Carrier must give 30 days' notice to commission before changing rate, ex- cept when commission permits otherwise. 7. 11. (13) Commission may prescribe the form of schedules. 7. 12. Carrier violating this act liable to damages to any person injured thereby. 8. 13. Initial carrier liable for loss of goods In transit. 8. 14. Initial carrier may recover from carrier losing or damaging goods. S. 15. (38) Director, officer, receiver, etc.. or agent of common carrier violating any of the provisions of this act, guilty of misdemeanor, subject to a fine of $1,000. 9. 16. Any person as agent or otherwise, soliciting rebates or favors guilty of misdemeanor. 10. 17. Person or corporation receiving special favors, jointly liable with carrier 10 party injured. 10. 18. (1) Comission composed of three members; one must be a lawyer, and one experienced in transportation matters; elected, term 6 years; vacancies filled by ap- SYNOPSES OF COMMISSION LAWS. m pointment by gnxeriior; ooinmission to eleft one member ijresident and one secre- tary. 11. 19. (la) Person interested in any common carrier, including pipe line, telegraph or telephone, or express business, ineligibk'; commissioner not to hold any position in political party. 11. 20. (Id) Salary of commission $3,000. 11. 21. Commission and employees to have free transportation on duty. 11. 22. (3) Commission to examine methods and conduct of common carriers. 12. 23. (ISf) Commission may subpoena witnesses, and require the producing of papers, books, etc., of carriers. 12. 24. (21) Attorney general at reiiuost of commission to institute proceeding.s to enforce act. 12. 25. (6b> District court may re()iiiie witness to attend, testify or produce books or papers. 12. 26. (14) Witness not exempt by reason of testimony incriminating, but such testimony not to be used against witness in criminal proceedings. 12. 27. (6) Any person, firm, society, club, or mimicipality, may petition commission for redrtss cf grievances against carrier. 13. 28. (6) On complaint being filed, commission shall ask carrier to satisfy com- plaint or answer the same. 13. 29. Report of commission on any matter, and a decision thereon to be in writing. 14. 30. (20) Parties to any investigation to be furnished with copies of reports thereof. 14. 31. Commission to publish reports of decisions, for information of public. 14. 32. (6) Commission after hearing upon the' complaint may make order regu- lating any rate or other matter complained of. 15. 33. Orders of commission not to extend beyond 2 years. 15. £4. Commission after hearing may award damages against carrier in favor of party complaining. 16. 35. (3b) Commission may suspend or modify order made by it. 16. 36. (5) Every common carrier, agents or employees must observe and comply with orders of commission. 16. 37. (38) Common carrier, officer or agent, or receiver, trustee, knowingly vio- lating order of commission to forfeit $1,(XI0. 16. 38. (21) Attorney general or district attornejs to bring action to recover for- feiture. 16. i9. Commission may employ special attorney. 16. 40. (21) Commission or any party injured may bring action in couit to compel carrier to comply with order of commissioner. 17. 41. (9) Court may issue writ of injunction, mandamus or other process to compel carrier to obey orders of commission. 17 42. (3b) Commission may grant re-hearings on any matter determined by, it. 18. 43. (3) Order of commission in ( ffect 5 da.vs after entry thereof unless appealed from. IS. 44. (3) Appeals from order of cf>mmission must Ix' taken within 10 da.\'s. IS. 45. Clerk of commission shall be stenographer. ]!». . (2) Office of commission at state capitol. 19. 47. (2a) Commission may hold sessions at any place. 19. 48. (11) Commission to have access to all records, books, etc., of carrier. 19. 49. (11a) Refusal to permit inspection of records and papers, carriers or re- ceivers or trustees thereof to forfeit X.5()0. 19. 50. (9) District courts to enforce provisi(ms of act. on application of attDrnoy general, m. 51. (3) Appeals may be had from district court to supreme court. 21. 52. (9) Appeals under this act to have precedence over other civil acts. 21. 53. (3) Railroads to furnish cars and to transport freight without delay. 22. 54. (15b) Railroads must accept freight and passengers from connecting carrier, and to take cars loaded or unloaded from such carrier without discrimination. 22. Z5. Demand for cars exceeding supply, available cars to be distributed to appli- 112 SYNOPSES OF COMMISSION LAWS. cants in proportion to immediate requirement, without discrimination; preference to be given to live stock and perishables. 22. 56. (3) Commission may regulate supplying of cars, switching, loading and un- loading same. 22. 57. (45) Shipper may have 48 hours free time for loading. 23. 58. (45) Cars not used by shipper, no free time deducted. 23. 59. (47) Consignee to have 48 hours for unloading, 24. 60. (49) Carrier may grant an extension of time for unloading. 24. 61. (39) Carrier must furnish cars within 3 days after application. 25. 62. (39) Demurrage and reciprocal demurrage rates $1 per day per car. 23, 24 and -25. 63. Carrier liable in actual damages to person injured for failure to receive and transport freight with utmost diligence. 26. 64. (28) Accidents resulting in the loss of life to be reported to commission. 27. 65. (28) Commision to investigate such accidents. 27. 66. Commission may make and enforce rules to prevent accidents. 27. 67. (35) After investigation and hearing commission may order repairs or better facilities in respect to roadbed, trackage, rolling stock, stations and depots, yards, switches, signals or any other element, or the service of any common carrier. 28. CONNECTICUT. (References are to General Statutes 1902, unless otherwise indicated.) 1. (1 & 30) Commission of three members; appointed by governor, confirmed by senate. 3876. 2. (1) Term 4 years. 3877. 3. (la) One member to be a lawyer, and one a civil engineer, no stockholder or agent of railroad or street railway to be commissioner. 3878. 4. (2) Commission may appoint a clerk. 3880. 5. (2) Office of commission state capitol. 3S80. 6. (2) Commission to keep record of its proceedings. 3881. 7. Salaries and expenses of commission to be paid by railroads and street car companies. 38.82. 8. (2) Commission may ap])oint an electrical engineer and other experts and agents. 3881. 9. Commisisoners to have free transportation, when on duty. 3883. 10. (11) Commission to examine into the property, business, road and equip- ment of railroads. 3884. 11. (3) Commission may order repairs or changes made to road bed, bridges, depots, cars or equipment. 3884. 12. (6a) Commission may prescribe the time ticket offices shall be kept open, and make rules as to platforms, out buildings, or the furnishing of seats to pas- sengers, or to the exchange of passengers and baggage intersecting. 3884. 13. Commission to examine all roads once a year. 3J;S7. 14. (133) Commission may require flagmen at crossings. 3888. 15. Commission to make rules for heating and lighting passenger cars. 3890. 16. (6b) Commission to examine witnesses under oath. 3898. 17. (13b) Commission to make annual report on railroads. 3899. 18. Commission has jurisdiction over street railroads. Laws '05, ch. 217. 19. Action for damages against railroad company must be brought within one year. 1119. 20. Live stock to be confined in cars not more than 38 consecutive hours. 1334. 21. Person making false report or falsely testifying before railroad commission, guilty of felony. 1423. 22. Structures over track to be at least 18 feet above rail unless authorized by railroad commission. 1423. 23. Railroad not to obstruct highway with train more than 3 minutes. 2040. 24. Location or route of railroad to be approved by railroad commissioners. I . '05, ch. 126; 3680. 25. Lands for additional right-of-way to be acquired only with approval of commission. 3684. SYNOPSES OF COMMISSION LAWS 113 26. Commission may determine manner of roads crossing or connecting eacti other. 3698. 27. Commission may require newly constructed highway to pass over or under grade of railroad. 3711. 28. Commission to regulate crossings of highways and railway. 3713. 29. Railroads must construct and maintain cattle guards. 3733. 30. Railroads to fence right-of-way, under direction of commission. 3734. 31. Approaches to depots and stations to be kept open. 3755. 32. Railroads must schedule trains so as to connect with other trains at junc- tion or common points. 3756. 33. Upon complaint and hearing commission may fix schedule of trains. 3757. 34. Railroad to give competing line sama rights as other road. 3759. 35. Commission may make i-ules and regulations to be observed by connecting lines. 3759. 36. On complaint of municipality commission may order additional facilities between connecting lines. 3760. 37. (15b) Connecting road must accept business . from other ixiad without dis- crimination. 3761. 38. (32) Freight cars to have automatic couplers. .3762. 39. Couplers to be used must be approved by commission. .3762. 40. (6a) Depots must be provided with water closets. 3766. 41. (Ca) Lateness of trains to be bulletined. 37G7. 42. (15c) Charge for short haul not to be greater than for long haul. 3772. 43. Schedule rates on freight to include terminal charges. 3772. 44. Warnings to be given of approach of train at railroad crossing. 3785. 45. Commission may make regulations concerning warnings to be given at crossings. 3792. 46. Trains must stop at approach to draw bridge, unle.ss otherwise permitted by commission. 3793. 47. (28) All acicdents resulting in personal injury must be reported to commis- sion within 24 hours. 3800. 48. (28) Commission must examine accidents, make investigation. 3800. 49. (13) Railroads must make annual reports to commission, on forms prescribed by commission, similar to forms prescribed by inter state commerce commis- sion. 3S19. FLORIDA. (References are to General Statutes 1906 unless otherwise indicated.) 1. (1) Three commissioners elected for four years. 2882. 2. (1) Shall select their own chairman. 2882. 3. (Id) Salary $2,500 per year. 2883. 4. (2) Shall be entitled to railroad fare m i)erl'()rming duties. 2883. 5. (1) Governor may remove. 2884. 6. (Ic) Commissioners shall not be interested in any railroad. 2885; must take oath to that effect as well as general oath. 2886. 7. Whenever a commissioner becomes disqualified, must remove disqualifica- tion or resign. 8. (2) Shall appoint a clerk at salary of $1,200. 2887. 9. (2) Office of commission at state capitol 2887. 10. (2a) To hold sessions anywhere in state. 2887. 11. Commission limited to expenditures of $15,000 per annum. 2SS7. 12. (6) Common carriers shall charge only reasonable rate, for transportation of passengers and freight. 2888. 13. (15) l^njust discrimination prohibited. 2889. 14. (22) "Railroad" includes bridges and ferries used in connection with rail- road, and terminal companies and union depot companies and "railroad corpora- tion or railroad company" means all corporations, individuals or association of in- dividuals in whatever capacity, including express companies :ind sleeping car companies, operating train or car service. 2S9]. 114 SYNOPSES OF COMMISSION LAWS. 15. (22) "Common carriers" include railroads, steamboats, terminal stations, union depots. 2S92. 16. (3) Commission shall make reasonable and just rates and resulations to be observed by common carriers, including joint rates and establish freight and pas- senger depots, and shall control passenger and terminal depots, and compel the establishment of union depots and to regulate the charges of storage and demur- rage, and may regulate refrigerator cars, and rates for same. 2893. 17. (6) Before fixing joint rate, commission shall give hearing. 2894. IS. Fixing rates commission shall consider competing points and water trans- portation. 2S9J. 19. (3) Commission shall reciuire transportation line to furnish necessary fa- cilities for the convenient and piompl handling transportation and delivery of all freight offered. 2896. 20. May rcQUire common carrier to transfer freight to competing line if com- peting line is shorter and quicker. 2897. 21. (130) Commission shall investigate interstate rates to and from Florida and call upon railroads to correct any abuses therein, or may report to interstate commerce commission. 289S. 22. ,(21"> Attorney general shall assist commission. 2s98. 23. Commission shall furnish each railroad with a schedule of rates. 2899. 24. ('!) Rates established by commission shall be in evidence as prima facie rates. 2 99. 25. (6) Commission shall give notice of hearings; notice to be published unless commission deem it unnecessarA-. 2900. -6. (10) Railroads shall keep posted schedules and rate sheets. 2903. 27. (11) Commission may examine books of companies. 2904. 28. (6) May make rules and regulations for the examination of witnesses and examine witnesses under oath. 2905. 29. (1 ) Railroads must make annual reports. 2906. oO. .Ml contracts and agreements between common carriers must be submitted to commits. on for approval. Commission may revise or correct such contracts. 2007. 31. Joint agreeinents not approved l)y commission are illegal and void. 2907. 32. For violattion of act the commission may impose penalty for each offense not to exceed $5,000. 33. (19) Failure of company to jiay fine, commission shall institute proceed- ings in proper county through attorney general to collect the same. The imposing of the line shall be prima facie evidence of correctness thereof. 2909. 34. Commission ma.v suspend, remit or reduce any fine imposed by it. 2909. 35. Commission upon request can, and upon demand must institute proceedings against common carriers for persons damaged for violation of act. 2910. c6. Any consignor or consignee may maintain action in damages for discrim- ination. Actions must be brought witliin one year. 2911. 37. Measure of damages shall be total amount of overcharge or other pecuniary injury, with interest thereon, and all expenses, costs and attorney fees. 2912. 38. Commission may unite in one act, claims of different persons. 2912. 39. (23) Remedies t' of commissioners $2,500. I. 5. (1) Any commissioner may be suspended from office by governor. I. 6. Commissioner may be removed from office by general assembly. I. 7. (lb) Vacancies of commission to be filled by appointment by governor. I. 8. (Ic) Qualifications and oath of office. J. 9. (2) Commission to have office at Atlanta. 11 10. (2) Commission may employ asecretary or clerk at a salary of $1,800. IT. 11. (3) Railroads prohibited from charging unreasly with rules and regulations of commission within thirty days. IX. 116 SYNOPSES OF COMMISSION LAWS. 28. (21) Attorney general or solicitor general to represent commission in all actions and proceedings requested. IX. 29. Right of any person to bring action to recover damages from railroads. X. 30. Rules of evidence before commission, same as in civil action in the courts. XI. 31. (19) All fines recovered under commission law to be paid into the state treasurj'. XI. 32. (23) Penalties under commission law cumulative. XI 33. (22) Definition of terms used in commission law. XII. 34. (13b) Commission shall make annual reports to the governor. XIV. 35. (6b) Commission to have authority to issue subpoenas for witnesses. XV. 36. (14) Fees and mileage of witnesses. XV. 37. The clerk of commission to administer oaths. XV. 38. (9) Judge of superior court may be called on to set forth writs of com- mission. XV. 39. (5) Railroads, officers, agents and employes to comply with orders of com- mission XVI. 40. (13c) Commission directed to investigate all interstate freight rates from state. Act Dec. 18. '90. 1. 41. (13c) Commission directed to request railroads to modify excessi\'e inter- state rates. Act Dec. 18, '90, 2. 42. (13c) Commission directed to apply to interstate commerce commission on excessive interstate rates. Act Dec. IS, '90. 3. 43. Attorney general directed to represent commission before interstate com- merce commission. Act Dec. 18, '90. 4. 44. Commission to have authority to bring suit against railroads for violation of rules and regulations promulgated by commission. Act Oct. 16, '91. 1. 45. (34) Commission authorized to inspect railroad tracks and order repairs. Act Oct. 17, 591. 1. 46. (38) Penalty for refusal of railroad to make track repairs when ordered by commission. Act Oct. 17, '91. 2. 47. Commission to have authority to fix maximum storage charges. Act Oct. 17, '91. 2. 48. Penalty for violation by railroads of commission orders fixing storage charges. Act Oct. 17, '91. 4. 49. (6) Commission to have authority to require prompt handling of freight Iry railroads. Act Aug. 23, '05. 1. 50. (6) Penalty for violation by railroads of commission orders requiring prompt handling of freight. Act Aug. 23, '05. 4. ILLINOIS. (References to Revised Statutes 1S99 unles otherwise stated.) 1. (Sec. IS, Art. XII.) Legislature may pass laws to correct abuses preventing unjust discriminations and may establish maximum rates for carrying of per- sons or property. (Art. 11, Sect. 15 Const.) 2. Railroads to have common use of bridges. 46. 3. Railroads must build depots in all towns or villages of more than 200 in- habitants. 50. 4. (120) Railroad must fence right of way. 62. 5. Road must keep right of way clear of combustible material. Railroads must maintain signboards at highway crossings. 63. 6. Trains must not be started without ringing bell or blowing whistle. 70. 7. Whistle or bell must be sounded at highway crossings. 71. 8. Trains must stop before draw bridge or grade crossings of other roads. 75. 9. Railroads may have at draw bridge and grade crossings with other roads interlocking and signal devices approved by the railroad and warehouse commis- sion. 76a. 10. Railroad shall not stop public highway more than ten minutes. 77. 11. Cities and towns may regulate speed of trains through same. 87. SYNOPSES OF COMMISSION LAWS. ^IT 12. Passeng-er trains must have one hTakeman for everj' two cars. S9. 13. A full fare passenger shall be allowed 100 pounds baggag-e free. 92. 14. Rallroaa shall not limit its common law liability for transportation of property. 96. 15. Passenger cars must have one axe, saw, sledge hammer and two leather buckets. 97. 16. (32) Passenger cars must have automatic couplings. 98. 17. (133) Municipal authorities may require railroads to station flagman at street crossings. 99. 18. (22) This chapter shall not apply to street cahs. 102. 19. Fire communicated from locomotives shall be prima facie evidence of neg- ligence of company. 103. 20. (120) Transportation company must furnish ticket agent with certificate of authority. 112. 21. (121) A certificate must be exhibited to any person demanding such. 115. 22. (122) Unlawful for any person to sell tickets without such certificate. 113. 23. Railroads must receive, store and transport grain without discrimination lis. 24. Railroads must receive and deliver grain from and to connecting car- riers. 123. 25. (15) Unjust discrimination in transportation of freight of passengers pro- hibited. (Const. Art. 11, Sec. 15. 26. (loc) Railroads shall not charge more for short haul than for long haul nor give special rates or favors except to all persons alike under same conditions. 126. 27. (lod) Railroads guilty of unjust discrimination shall be liable to a fine of $5,000 for first offense and $5,000 additional for subsequent offenses up to $25,000. 127. 28. (19) Fines against carriers may be recovered in action for debt in name of state. 128. 29. (lod) Railroads liable in damages for extortion or unjust discrimination. 129. 30. Commission shall travel over roads and visit stations to determine whether act is complied with. 130. 31. (3) Commission shall make reasonable maximum rates for railroads which rates shall be administered in all roads as prima facie, just, and reasonable. 131. 32. Commission shall establish standard of grades for grain. 161. .33. (1) Commission to consist of three persons appointed by the Governor, term two years. 167. 34. (la) Commission shall not be interested at time of aiipointment or during term of office directly or indirectly in any railroad or warehouse. 16S. 35. (Ic) Commissioner shall file oath and bond of $20,000. 168. 36. (Id) Salaries of commissioners $3,500. 170. 37. (2) Office of commissioner shall be at state capitol. 170. 38. (2) Sommission may appoint secretary, salary $1,5(10. 39. Commissioners shall have free transportation on any road or train in per- formance of duties. 171. 40. (13) Railroads must file with commissionei- i-omplete detailed report an- nually. 172. 41. (11) Commission may make inciuiry for additional information than con- tained In report. 173. 42. Warehousemen must furnish wrilten report to commission oti demand of commission. 173. 43. (13b) Commission shall report atinually to the Governor. 176. 44. (28) Commission shall investigate the cause of any accident on any rail- road resulting in loss of life or injuh.v to person when necessary and report same to Governor. 177A. 45. (37) Railroads must rei)ort accident to board immediately. 177A. 46. (33) Commission may employ experts to insi)ect bridges, trestles or track and mav recommend same to be repaired or rebuilt, and ma\- Institute action in court by mandamus to compel repairing or rebuilding. 177.\. 118 SYNOPSES OF COMMISSION LA'WS. 47 (13) All records, books and papers of railroads or warehouse shall be sub- ject to inspection by commissioners. 179. 48. (.6) Commission may issue subpoenas and administer oaths; may apph' to courts for attachments for witnesses and witnesses failing to comply with order OE court may be punished for contempt. ISO. 49. (66) Witnesses failing to comply with sutpoena of commission is guilty of misdemeanor. 181. 50. (21) Attorney General or district attorneys represent commission in suit and proceedings. 183. '>l. (19) All prosecutions under this chapter shall be in the name of the state 184. 52. Prosecution under this chapter shall not prevent personal action for dam- ages. 185. 53. (2) Commission shall have and use seal. Copies of all materials under seal shall be admitted in court without further proof. 185A. 54. Railroads shall cross each other so as not to impede or endanger traf- fic and commission may, after hearing, determine manner of crossing. 219. 55. Commission at request of any road or (212 without such request) may order reads crossing each other at grade to establish and maintain interlocking or other safety devices. 211L 56. After interlocking device is established at grade crossings commission may permit trains to cross without stopping. 214. INDIANA. (Following references to -^ct Mar. 7, '(7.) 1. (1) Three commissioners appointed: non-partisan; term 4 years: salary $4,000. 1. 2. (1) Commissioner may be removed by governor after hearing. 1. 3. Not to receive free transoortaation, gift or favor from railroad. 1. 4. Inspectors employed by commission to have free transportation. 1. 5. (Ic) Bond of commissioner $10,000. 1. 6. (la)) Commissioner to hold no other office or engage in any other employ- ment inconsistent wit hduties of commission. 1. 7. (2) May appoint secretary at $2,500, one clerk $1,500, and other help. 2. 8. (2) Commission may appoint counsel, inspectors and experts upon approval of governor. 2. 9. (2) Commission and employees to receive actual traveling expenses. 2. 10. Governor may order commission to visit other states and commissions, or interstate commerce commission. 2. 11. (2) Commission may hold meetings anjwhere in state. 2b. 12. (3) Commission to supervise freight and passenger tariff, train service, dis- tribution of cars, demurrage, rules, switching, location of side track, crossing of tracks of different roads, private car lines and private tracks. 3. 13. Classification of freight to be uniform on all roads. 3a. 14. (3 & 4) Commission may establish joint rates and make division of such rates. 3b-c. 15. (2) Commission to establish rules of procedure before it. 3e. 16. (3) Commission to establish demurrage and reciprocal demurrage rules. 3g. 17. (6) Power of commission to extend to all complaints and to every matter relating to common carriers. 3h. 18. (13) Carrier to make annual report, similar to report to interstate commerce commission. 31. 19. Steam road to make physical connections with other steam roads and electric roads to make like connections with other electric roads. 3j. 20. (15b) Carriers to afford reasojiable and proper facilities for transferring at junction points. 3j. 21. This act not to apply to freight rates on roads whose freight receipts are less than 1-3 of gross receipts. 3j. 22. Roads shall build side tracks and spurs where needed. 3k. SYNOPSES OF COMMISSION LAWS. 119 23. Where roads cross each other at points of crossing of" different roads proper facilities to be maintained for, and roads shall interchange and take cars of other roads. 31-m. 24. Railroad not to cross another road without permi.^sion of commission. 3o. 25. Railroads may be required to put in interlocking or other safety device at grade, crossing or draw bridge. 3 q, r, s. 26. When demand for cars exceed supply, cars to be prorated according to demand. It. 27. (6) No order of commission to be made without notice of hearing to road effected. 4 28. (6b) Any commissioner, secretary or clerk may administer oath. Ja. 29. (6b) Subpoenas may be issued by commission. 4a. 30. (3) All rules, orders or rates to be admitted in other proceedings without form of proof. 5. 31. (3) Appeals may be had to court from orders of commission. 6. 32. (8) In all proceedings involving costs of transportation, burden shall be on the carrier. 6. 33. (6) Commission may give hearing on and determine, any particular rate or matter complained of. 7a. 34. (6) Any person, company, organization, assoeiation or body politic may make complaint to commission. 7b. 35. (3b) Commission may grant rehearmgK and change orders. 7c. 36. Commission shall not change rate fixed by law. 8b. 37. Schedule, rate, rule or regulation to be furnished to carrier certified copy. 8a. 38. Rates fixed by statute, commission not to change. Sb. 39. (13f) Any carrier or officer, or agent thereof refusing to permit examin- ation of books or papers, liable to fine. Sec. 9, Act Feb. 28, '05. 41. Rates throughout state must be uniform. 10. 42. (10) Road must file schedule of rates of commission. 10. 43. (6) Commission shall not make change in rates without notice to carrier. 10. 44. (16) Carrier must charge only schedule rates. 10. 45. (11) Any carrier, person or firm must answer questions of commission, which questions are to be oral or written, and must produce all books, papers, or letters on demand. 11 46. (13b) Commission shall make an annual report to governor, lib. 47. (13c) Commission to investigate interstate rates, and recommend correc- tions therein to carriers, and upon failure of carrier to comply .shall report to interstate commerce commission, lie. 48 Carrier not to limit negotiability of. or its liability in any till of lading. 11. 49. (66) Witness refusing to comply with subpoena of cummission to be cited by court to appear or be guilty of contempt. 12. 50. (14) Testimony may be taken by deposition. 12. 51. (28) General penalties. 13. 52. (15) I'njust discrimination defined. 14. 53. (15c) Shall not charge more for short haul than long haul. 14c. 54. (15d) Carrier guilty of unjust discrimination liable to tine of S500 to $5,000. 14d. 55. (15e) Free and reduced transportation. M. 56. Person, firm or corporattion, accepting i)ass, rebate or special favors, guilty of misdemeanor. 14. 57. (38) General provisions for penalties. 17. 58. (21) Penalties to be recovered in an action instituted by commission. IS. 59. (20) Certified copies of record of commiss'On to l:e ailmilted in e\idence without further proof. 19. 60. (20) Substantial coqipliance with act by cMinniission, sutlicienl to give auth- ority. 19. 61. (3) Commission shall iruiuire into the methods of business of carriers. 20. 62. (21) Commission to enforce all acts relating to common carriers. 20. 63. (3) Application of act to include storing and icing, regulations and charges, 120 SYNOPSES OF COMMISSION LAW;S. and the. operation, management and control of any railroad, electric, interurban, or suburban, or car companies, private tracks and sidings, etc. 21. 64. (23) Rights under this act cumulative. Sec. 22, Act Feb., 28, '0.5. 65. (28) All accidents involving personal injury or loss of life to be reported bj' carrier within 5 days, and commission shall investigate the same. 66. (35) Commission may investigate and order changed equipment for the safety, comfort and convenience of passengers. 23b. 67. Commission to regulate the crossing of roads of each other. 23c, d. 68. (35) Commissionu may order any repairs or changes, in anything of matter ■whatsoever connected with common carriers. 69. (3) Carrier must have sufficient cars and locomotives to handle freight, 2, Mar. 11, '07. 70. (40) Carrier must move freight 50 miles' per day, under penalty. 3, Mar. 11,, '07. 71. (43) Cars destined to side track on a competing line at terminal points, must be placed on such side track by connecting line within 24 hours. 4, Mar. 11, '07.. 72. Cars for loading to be furnished on demand; where demand exceeds sup- ply, shall be prorated according to demand. 5, Mar. '07. 73. Carriers shall keep a record of application for cars, furnishing thereof, and other information required by commission. 6, Mar. 11, '07. 74. (45) Car must be furnished within 48 hours after demand, under forfeiture of $1 per day per car. 8, Mar. 11, '07. 75. Person making false entry in car record at station, guilt>' of misdemeanor. 7, Mar. 11, '07. 76. Commission may make special rule for furnishing of coal cars. 9, Mar. 11, '07. 77. Reciprocal demurrage on coal cars to be $2 per day. 10. Mar. 11, '07. 78. (5)Actions to collect demurrage not to bar action for actual damage. 12, Mar. 11, '07. t 79. Carrier with consent of commission may make special rates on coal for manufacturing and steam purposes. 13, Mar. 11, '07. SO. Road failing to handle business, commission may make special rules there- for, and receiver may be appointed at re(iuest of commission to manage such road as long as court deems necessary. 15, Mar. 11, '07. 81. (116) Maximum rate of passenger fare two cents per mile. 1 Feb. 25, '07. 82. Full fare passenger, allowed 150 lbs. and half fare, 75 lbs. of baggage, free. 1, Mar. 8, '07. 83. Sample cases and catalogs, etc., of commercial travelers, to be considered baggage. 2, Mar. 8, '07. 84. Excess baggage rate. 3, Mar. 8, '07. 85. For loss or damage to sample case of commercial travelers, carrier liable in no greater proportion than excess baggage fare paid bears to freight rate on like article. 5, Mar. 8, '07. 86. (32) Railroads must use engines with power brakes and train brakes in op- eration from engines on at least 75 per cent of train. 1, Mar. 8, '07. 87. (32) Automatic couplers must be provided. 2, Mar. 8, '07. 88. (£2) Cars, locomotives, etc., must have grab irons, or handholds on sides. 3. Mar. 8, '07. 89. Electric railways must have power brakes on cars. 6, Mar. 8, '07. 90. (Commission may increase percentage of cars required to have power brakes. 7. Mar. 8, '07. 91. Carrier may refuse car- not properly equipped with brakes. S, Mar. 8, '07. 92. (33) Commission may appoint one or more inspectors to enforce act, 9, Mar. 8, '07. 93. (33) Inspectors of safetj- appliances may be appointed by commission. 9, Mar. 8, '07. 94. (32) hogging trains need not be equipped with power brakes. 10, Mar. S, '07. 95. Overhead bridges or viaducts. 96. Employee injured or killed, by reason of defective appliances, shall not be deemed to have assumed the risk or contributed the negligence. 14, Mar. 8, '07. SYNOPSES OF COMMISSION LAWS. ;121 97. Roads having a gros.s incomo of at least $7,500 per mile must use block signal system. 1 and 2, Mar. 9, '07. 9S. Employees in the operation of trains on steam roads must be furnished with printed rules and regulations, relating thereto. 1, Mar. 12, '07. 99. Commission shall hold a convention of division superintendents, train dis- patchers, etc., once a year. 2, Mar. 12, '07. 100. >.o officer, agent or employe of a steam railway shall be on duty while in- toxicated. 3, Mar. 12, '07. 101. Loss of life caused by flagrant violation of rules, or by intoxication of employee to be reported by commission to prosecuting attorney, to be prosecuted by criminal proceeding. 4, Mar. 12, '07. Ifl2. Copies of this act to be posted in all depots, cabooses, train dispatchers' offices, and on bulletin boards. 5, Mar. 12, '07. 103. Every freight train of 50 cars or less must have a crew consisting of en- gineer, fireman, conductor, brakeman and flagman, and one additional brake- man if more than 50 cars; light engine without cars to have engineer, fireman, conductor and flagman. 1, Mar. 13, '07. 104. Passenger train with 5 cars or more must have engineer, fireman, con- ductor, brakeman and flagman. 2, Mar. 13, '07. 105. (128) No person engaged in movement fif trains to be on duty more than 16 consecutive hours. 1, Mar. S, '07. 106. Any person or employee injured b>' violation of this act not deemed to ttave assumed risk. 2, Mar. S, "07. 107. (129) Officers of a road vu)lating provisions of this act. guilty of misde- meanor. 3, Mar. 8, '07. 108. Commission may hear appeals from orders of town trustees, requiring flagman or other protection at street crossing. 1. Mar. 1, '07. 1C9. Campany carrying cars on which intoxicating liquors are sold shall pay an annual license fee of $1,000. 1, Mar. 12, '07. 110. Tipping of railway employee briber>-. Mar. S. '07. 111. Local passenger trains must stop when requested at towns of more than 2,500. 2, Feb. 26, '07. 112. Railroad company not to maintain or help to establish or maintain any relief association, the rules or by-laws of which require employee to waive right of damages for injury received. Feb. 21, '07. 113. Railroad may change location of line, but company shall be liable in damages by reason of any person being injured, by being deprived of former shiv>- ping facilities. 1, Mar. 9. '07. 114. Fictitious shipments unlawful. 1. Feb. 13, '007. IOWA. (References are to code of 1S97 unless otherwise indicated.) 1. (lob) Carriers required to make continuous shipments of freight. 2129. 2. (17) Carriers liable in treble damages for failure to comply with law. 21.30. 3. (6) Persons claiming damages against railroads may make complaint to Commission or bring action in court. 2131. 4. Criminal liabilities for violation of laws governing (•()mmoii c-irriors. 21.33. 6. (6b) Immunity of witnesses. 2133. 7. (6) Complaint tiled with Board to be forwarded to common carrier com- plained of. 2134. 8. (6) Commission may institute inquiry upon its own motion. 2134. 9. Commission after investigation shall file written report which shall be prima facie evidence of facts in court. 2135. 10. (6) Orders of Commission aflci- investigation to be served on common car- riers complained of. 2136. 11. Complaint to be dismissed if satisfied by common carriers complained of 2136. 12. Manner of enforcement of orders of ('omniis.sjoii with tlir district or -su- perior court. 2137. 122 SYNOPSES OF COMMISSION LAWS. 13. (3) Commission may from time to time change and revise transportation and schedule of freight rates. 213S. 14. (10) Copies of rate scheduUs to be publicly posted in offices and stations of common carriers. 2138. 15. (6) Commission to hold investigations on comi»laiut of ^•iolations of schedule of lates. 21S9. 16. (8) Burden of proof not on complainant on hearing. 2140. 17. (6) Evidence to be considered after rate hearing. 2140. 18. (3) Commission to fix and determine maximum freight charges after hear- ing. 2141. 19. Commission not limited to specific case or cases complained of in fixing rates after hearing. 2141. 20. (3) Rates fixed by cominission to be accepted as prima facie reasonable in court. 2141. 21. (2) Commission to have official seal. 2142. 22. The manner of conducting court proceedings. 2142. 23. (2) Commission may make rules and regulations governing proceedings before it. 2142. 24. (13) Annual report to be made to Commission by Common carriers. 2143. 25. (15d) Penalty for extortion by common carriers. 2144. 26. (15) Discrimination by common carriers prohibited. 2145. 27. (15d) Penalty for discrimination by common carriers. 2145. 28. Regulations governing car loads, and more than one hundred pound ship- ments of freight. 2146. 29. Commission may bring suit against common carriers. 2149. 30. (21) Attorney General to act as counsel for commission. 2149. 31. Commission may employ additional counsel to assist attorney genera!. 2149. 32. (15e) Free and reduced transportation rates. 2150. 33. Commissioners and secretary and other employes to have free transpor- tation. 2151. 34. (3) Common carriers permitted to make joint rates. 2152. 35. (3) No discrimination allowed in joint rates. 2154. 36. (4) Commission to have authority to apportion joint rates. 2156. 37. (5) Penalty for unjust and unreasonable joint rates. 2157. 38. (la) Qualifications of Commissioners and Secretary. 2111. 39. (3) Commission to have supervision over all common carriers of state. 2112. 40. (35) Commission to have power and authority to inspect condition of rail- roads and require improvement and repairs in road and equipment. 2113. 41. (13b) Commission to make annual renort to the Governor. 2114. 42. (11) Commission to have authority to examine books and records of rail- road companies. 2115. 43. (11a) Officers and employes of railway companies retiuired to furnish books and records for inspection of commission. 2115. 44. (6) Railroads must provide transportation for all freight with reasonable di.=patch. 2116. 45. (15b) Railroads must receive and transport empty or loaded cars furnish- ed by any connecting road. 2116. 46. The Commission shall, upon application of city or town officials, or town- ship trustees, or twenty-five voters thereof, investigate railroad passenger and freight rates, upon notice to railroads interested, and report its findings to the railroad companies and to the Governor. 2117. 47. (9) Orders of Commission to be enforced by District Courts of the State. 2117. 48. (5) Proceedings in Court to enforce orders of Commission shall be in name Of the State. 2119. 49. (21) Proceedings to enforce orders of Commission shall be instituted by Attorney General. 2119. 50. (9) Commission matters before courts shall be given precedence over other civil business. 2119. SYNOPSES OF COMMISSION LAW'S. ^^gg 51. Courts to have authority to grant mandatory and perpetual injunctions compelling obedience to rules and orders of Commission. 2119. 52. (5) Penalty for failure to comply with orders of Commission. 2119. 53. (Id) Salary of Commissioner $2,200. 2121. 54. (2) Salary of Secretarj- $1,500. 55. (22) Definition of terms used in Act. 2122. 56. (3) Charges by transportation companies must be reasonable. 2123. 57. (15) Unjust discrimination prohibited. 2124. 58. Any common carrier may be required to switch and transfer cars for another. 2125. 59. (15c) Long and short haul provision. 2VJ.H. 60. Pooling contracts among transportation companies prohibited. 2127. 61. (10) Common carriers must print and keep posted for public inspection schedules of rates and fares. 2128. 62. No adv'ance in published rates by carriers, except after ten days public nctice. 2128. 63. Reduction in published rates may be made by carriers without notice, but must be immediately published and publicly posted. 2128. 64. (10) Copies of schedules of rates must be filed with Commission. 2128. 65. Copies of all contracts and agreements must be filed with Commission. 2128. v.,^. Joint rate schedules must be made public as directed by the Commission. 2128. 67. Penalty for refusal by common carriers to file or iiublish schedules or tar- iffs. 2128. 68. Owners or shippers of wheat shall have the right to have the same trans- ported without delay over joint or connecting lines within the state. 2153 Amend- ed. 69. (3) Railroad Commission shall have a hearing and e.stablish joint rates within the state. 2155 Amended. 70. Regulations governing joint rates and joint freight shipments. 2155 Amend- ed. 71. (6) Commission may revise or change joint rates either after complaint or upon its own motion. 2155 Amended. 72. (22) Joint rates shall apply to interurban railways and their conncetions with ordinary steam railways. 2155 Amended. 73. (15b')- Common carriers must move cars of live stock with all possible speed, consistent with safety. Act Apr. 10, '07, 1. 74. (22)Express companies declared to be common carriei's. 2 Act Apr. 1, '07, 2. 75. (3) Express companies must transport property at reasonable charge or rate. Act. Apr. 1, '07, 2. 76. (22) Laws regulating railroads shall apply to express companies. Act Apr. 1, '07, 2. 77. (3) Railroad Commission to have supervision of express companies. Act Apr. 1, '07, 3 78. (3) Commission to have authority to lix maximum express charges. Act Apr. 1, '07, 3. 79. (3) Commission shall make a schedule of reasonable maximuin charges for all express companies in the state. Act Apr. 1, '07, 4. 80. (3) Maximum express charges fixed by the Commission shall be accepted as prima facie reasonable in court. Act Apr. 1, '07, 4. 81. (10) Express companies shall keep schedule of rate charges publicl\- post- ed in their offices and places of business. Act Apr. 1, '07, 5. 82. (9) Express companies prohibited from charging more than rates named in Commission's schedule. Act Apr. 1, '07, 6. 83. (9) Penalty for refusal of €xpress companies to acceiH and transport prop- erty in accordance with schedules and orders made by Commission. Act Apr. 1, '07, 7. 84. (1) Three Commissioners elected. 2111. 85. (1) Term of office three years. 2111. 124 SYNOPSES OF COMMISSION LAWS. S6. (1) Chairman elected by Commission. 2111. 87. (2) Commission to appoint a Secretary and such adchtional clerical help as necessary. 2111. KANSAS. (References are to General Statutes 1901, unless otherwise indicated.) 1. (2) Board may appoint secretary and stenographer. 5963. 2. (2) Board shall keep record of official acts, certified copies of which, under seal, shall be received in evidence as other public records. Commission shall be known as "Board of Railroad Commissioners." E965. 3. (2) Office of commission shall be at state capital. 5966. 4. (Id) Salarj' of commissioners, $2,500. Ii966. 5. (3) Board shall have general supervision of all railroad.s, express companies, sleeping car companies, and other common carriers. -5967. 6. (3) Board shall inquire into violations of laws relating to common carriers. 5967. 7. (') Board shall inspect railways and management with reference to safety and convenience. 5967. 8. (11) Board has power to examine books, papers and document.^ of railway companies, examine officers and employes under oath. 5969. 9. (6b) Board may issue subpoenas and administer oaths. 5969. 10. (6b) Witness refusing to obey summons or to testify guilty of misdemeanor. 5969. 11. (3) Board may order repairs in road or rolling stock, and additions or alter- ations to depots or station houses, and may change the rates for transportation of freight; may order changes in operating of roads or conduct of carrier's busi- ness. t97p. 12. (6) Rates of transportation may be fixed by board. 5970. 13. (9) On failure of carrier to comply with orders of commission, carrier liable to fine. 5970. 14. Board shall prescribe rules and may fix rates for private car companies. 5971. 15. Railroads shall not discriminate for or against private car companies. 5971. 16. Board may fix the terms, rates and conditions for building and operation of spur or switch tracks. 5972. 17. Board may order physical connections between intersecting, connecting or parallel roads. 5973. 18. Road refusing to comply with order of the commission for connecting switches, subject to penalty of $500. 5973. 19. Railroad desiring to cross another road must apply to railroad commission. 5r74. '20. Commission shall give hearing on application of road to cross another road; shall determine whether such crossing shall be at grade or otherwise. 5974. 21. Appeal to district court may be had from order of board fixing conditions of crossing. 5974. 22. Roads crossing at grade must stop trains unless interlocking signal is used, when board may grant permission to run trains without stopping. 5975. 23. Board may order automatic signals or interlocking systems at grade cross- ing after hearing on notice. 5976. 24. Upon petition of any municipality, board may order depots, sidetracks or other facilities and the interchange of business between connecting or parallel roads; such order to be after notice and hearing to railroads. 5977. 25. (6) Board may order modification of unreasonable or unjust rate. 5979. 26. (10) Rates fixed by board shall be jjosted by railroad at its depots in con- spicuous place. 5979. 27. (3) All rates fixed by board shall be deemed prima facie just and reasonable, and rates in excess thereof shall be deemd unjust. r979. 28. (116) Passengers rates not to exceed three cents per mile and each passenger shall be allowed 150 pounds bagage for each full fare. 5980. SYNOPSES OF COMMISSION LAW'S. 125 29. (6) On complaint of any unjust or unreasonable charge board shall investi- gate same and fix reasonable charge. 5981. 30. (3) Board shall investigate all failures or refusals to furnish cars or to haul, load or unload the same, and make such order as the public interest demands. 5983. 31. (3) Switching charge may be fixed by board. 5983. 32. No freight rate shall be raised without sixty days public notice. 5984. S3. (15c) Road shall charge no more for short hauls than for long hauls. 59S5. 34. (15) All concessions, drawbacks and contracts for special rates shall be open to all alike. £985. 35. Contracts for the pooling of freight or division of earnings between carriers forbidden. 5986. 36. Railroad shall not, except by permission of board, limit its common law liability. 5987. i7. On demand, freight receipts must be issued in duplicate. 5%~. 38. (lob) Commission sliall make annual report to governor. 5988. 39. (13) Common carrier must make annual re'.iort to board. 5989. 40. (14) Person testifying falsely before board and making false report, guilty of perjury. 5990. 41. Roads refusing to comply with orders of board relating to depots, side tracks and connecting switches wilh other roads, or to switching charges, liable to penalty. 5991. 42. (17) Railroad liable in treble damages to party injured for violation of this act. c993. 43. (18) Penalties not otherwise herein provided for shall be not less than $100 or more than $5,000. 5994. 44. (23) Penalties under this act are cumulative of those named in other laws. 5995. 45. (22) "Railroad" shall include everything in relation to steam railroad. 5997. 46. (5) Every railroad company and tlie officers, agents and employes thereof, shall obey all reasonable orders made by board. 5998. 47. (5) Board may compel obedience to orders by mandamus. 5998. 48. (3) All findings and orders of board shall be deemed prima facie evidence of all matters therein stated. 5998. 49. (6) Court may modify orders of board. 5998. 50. Remedies under the common law or under any other statute not superceded by this act. E998. 51. (6) No order of board shall be made without notice and hearing of party affected. 5999. 52. (9) Party dissatisfied with order of board may appeal to court, and all such actions shall have precedence over other civil actions. 5999. 53. (6c) Appeals from order of board to be taken within thirty days. 5999. 54. (1) Board of railroad commissioners to consist of three persons; elected. Act. Mar. 13, '03, sec. 1. 55. (1) Term of office of commissioner, two years. .\ct Mar. 7. '05, sec. 1. 56. (la) No person employed by, or having pecuniary interest in, any railroad eligible as commissioner, and commisioner shall hold no other office or perform any other duties inconsistent with his office, .^ct Mar. 7, '05, sec. 2. 57. (Ic) Commissioner shall give bond in the sum of ten thousand dollars. Act Mar. 7, '05, sec. 2. 58. Commissioners' secretary, attorneys and clerks in discharge of their duties njay ride free, but shall recveive no free transportation at other times. Act Mar. 7, '05, sec. 3. 59. (2) Commissioners, secretary and other employes entitled to actual travel- ing expenses. Act. Mar. 7, '05, sec. 3. .60. (3) Board shall supervise freight and passenger schedules and classifica- tions and car service. Act. Mar. 7, '05. sec. 4. 61. (3) All new rates, rules and regulations for the operation of any road shall bo put into effect by such road within thirty days after adoption by board. Act Mar. 7, '05, sec. 4. 62. (3) Board may establish joint rates, and li.v the distribution thereof on failure of roads to agree thereon. Act Mar. 7, '05, sec. 5. l^Q SYNOPSES OF COMMISSION LAWB. 63. (6a) Board to adopt rules of procedure, and all hearings to be public. Act Mar. 7, '05, sec. 6. 64. (21) Attorney general shall be attorney for board. Act Mar. 7, '05, sec. 6. 65. (12c) Board may make recommendations as to interstate rates, and may report such matters to interstate commerce commission. Act Mar. 7, '05, sec. 7. 66. (10) Railroads shall furnish board coDles of all rate schedules. Act Mar. 7, '05, sec. 8. 67. (6) Upon complaint on any matter within jurisdiction of board, hearing shall be had thereon after ten days' notice. Act Mar. 7, '05, sec. 9. 68. On hearings before board, attorney general shall appear for complainants, but complainants may be represented by other counsel. Act Mar. 7, '05, sec. 9. €9. (6) Board may fix such rate or classification as may be just, which rate or classification shall be deemed reasonable. Act Mar. 7, '05, sec. 9. 70. Railroad receiving from any person a lesser rate than that fixed by the commission shall give such lesser rate to all shippers. Act Mar. 7, '05, sec. 9. 71. Railroad charging greater rate than that fixed by commission shall refund to shipper such excess. Act Mar. 7, '05, sec. 9. 72. (6b) Board may apply to court to compel attendance of witnesses before SMch board. Act Mar. 7, '05, sec. 10. 73. (14) Witness shall not be excused from giving incriminating testimony; such testimony shall not be used against witness in any criminal proceeding. Act. Mar. 7, '05, sec. 10. 74. (20) Board shall furnish free, certified copies of any classification, rates, rules, regulations or orders made by it, and such copies in all matters and proceedings shall be prima facie evidence of reasonableness and justness of matters contained therein. Act Mar. 5. '05, sec. 11. 75. (15c) Railroads may give certain free or special rates. Act Mar. 7, '05, sec. 11. 76. Road shall not change classification or rates without permission of board. Act Mar. 7, '05, sec. 13. 77. (15) It shall be unlawful for any i-ailroad to give or for any person to re- ceive therefrom, any rebate, drawback, special privilege or preference. Act Mar. 7, '05, sec. 16. 78. Governor may appoint attorney for the board at a salarj' of $2,500 per year. Act Mar. 7, "05, sec. 17. 79. Pipe lines for the carrying of crude oil considered as common carrier under jurisdiction of board of railroad commissioners. Ch. 315, '05. 80. Sidetracks and switches to be built by railroads to elevators, mills, ware- houses and factories on lands adjacent to right-of-way, or in lieu thereof shall per- mit construction and maintenance of such buildings on right-of-way. Ch. 350, '05. 81. On complaint and application board may order building of switches, side- tracks and other facilities for the handling of freight, and may enforce its orders by proceedings in mandamus. Ch. 351, "05. 52. Maximum rates provided for the hauling of crude oil. Ch. 353, '05. 53. Board may make rules and regulations with respect to the stringing of wires over, under or across the tracks of any railroad. Ch. 356, '05. 84. (3) Railroad must furnish cars upon application without discrimination. Ch. 345, '05, sec. 1. 85. (39) Road must supply cars in order of application therefor. Ch. 345, '05, sec. 2. 86. (40) Company shall be liable in demurrage one dollar per day for each car failed to be furnished as provided in this act. Ch. 345, '05, sec. 4. 87. (45) Applicant for cars shall deposit with agent one-fourth of the freight charges for use of cars; penalty for failure to load cars within 48 hours. Ch. 343, '05, sec. 5. 88. (40) Railroad must receive cars when loaded and forward same at the rate of fifty miles per day, under penalty. Ch. 345, '05, sec. 6. 89. (42) Railroad must give notice to consignee within 24 hours after arrival of shipment. Ch. 345, '05, sec. 7. 90. (43) Railroads must spot cars at warehouses or at convenient places for un- loading. Ch. S45, '05, sec. 8. SYNOPSES OF COMMISSION LAWS. ^07 91. (47) Cons'giiee must unload car within -iS hours or pay to railroad one dollar per day for failure. Ch. 845, "05, sec. 9. 92. In order to maintain action under this act shipper must show that he had freight to ship at time of application for cars. Ch. 345, 'Ca, sec. 10. KENTUCKY. (References are to General Statutes unless otherwise indicated.) 1. (1) Three commissioners elected by districts. Con. 209. 2. (1) Term of office four years. Con. 209. 3. (la) Qualifications of commissioners. Con. 209. 4. (1) Commissioners may be removed by general assembly. Con. 209. 5. (1) One member of board to act as chairman. 821. 6.(6b) Commissioners authorized to administer oath. S21. 7. (Id) Salary- of commissioners, $2,000. S22. 8. (2) Salary of secretary, $1,200. 822. 9. (2) Necessary traveling; expenses of commissioners to be paid by state. 822. 10. (13) Annual reports to be made by railroads to commission. 825. 11. (13c) Commission to investigate interstate rates and to report excessive in- terstate rates to interstate commerce commission. 826. 12. Attorney general to represent commission before interstate commerce com- mission. 826. 13. (11) Commission to have authority to examine railroad offices, agents and employes, general management and conduct of railroad business. 827. 14. (6b) Commissioners may require attendance of witnesses and administer oaths. 827. 15. (6b) Penalty for refusal of witnesses summoned to appear before commis- sion. !^27. 16. (11a) Penalty for refusal of officer, agent or employes of railroad company to furnish commission with the information requested. 828. 17. (6) Commission to have authority to hear and determine complaints against railroads. 829. 18. (6) Complaints to be heard by commission on ten days notice. 829. 19. (9) Award by commission after complaint and hearing may be enforced by circuit court after hearing of cause. 829. 20. (35) Commission to have authority to examine condition of railroad tracks, structure and equipment and if found defective to report the matter to the attorney general for action. 830. 21. Contract and agreements among railroads need not bo made public by commission. S.'Jl. 22. Commissioners prohibited from requesting favors from railroad companies. 8S2. 23. (20) Fees to be charged by commission for copies of papers and records. 833. 24. (13b) Commission to make annual reports to governor. 834. LOUISIANA. , 1. (22) Railroad, express, telephone, telegraph, steamboat and other water craft to be under supervision of railroad commission of Louisiana. Com- mission to consist of three members elected for a term of six years. Const. Art. 283. 2. (2) Offices at Baton Rouge; commission may elect secretary. Const. Art. 3. (3) Commission has power to make reasonable and just rates and regula- tions for railroad, steamboat and other water craft, sleeping car, freight and pas- senger tariffs and supervise exi)ress rates, telephone and telegrai>h charges and prevent unjust discrimination, etc. Const. Art. 284. 4. (15c) Common carriers shall not charge more for shorter than longer dis- tance. Const. Art. 284. 5. (2) Commission shall make rules of procedure liefore it. Const. Art. 284. 128 SYNOPSES OF COMMISSION LAWS. 6. Commission has power of court to subpoena and compel attendance and production of witnesses and books and punish for contempt therein. Const. Art. 284. 7. (6) Parties dissatisfied with order of commission may appeal to court. Const. Art. 285. 8. (6c) In appeal from order of commission commission shall be named as defendant. Const. Art. 285. 9. (3) Appeals in lower court may be taken to supreme court. Where com- mission appeals no bonds shall be required. Const. Art.. 285. 10. (15) Special rates, rebates and discriminations prohibited. Const. Art. 286. 11. (7) When a carrier appeals from order of commission such orders shall no'; be field until decided by courts. Const. Art. 286. 12. (Id) Salaries of commissioners $3,000. Const. Art., 287. 13. (2) Commissioners and secretary entitled to actual traveling expenses while on duty. Const. Art. 287 14. Common carriers may give special rates or free transportation to state or any municipalities or for any charitable purpose, fairs, ministers, hospitals, or to destitute or indigent persons, or to railroad otflcers, agents, employes, at- torneys or stockholders. Const. Art. 287. 15. On recommendation of commission legislature may enlarge powers and duties of commission and increase clerical force. Const. Art. 288. 16. Attorney General and district attorneys or other attorney employes for commission may receive 25 per cent of fines collected. Const. Art. 28S. 17. (la) No person in the employ of or interested in common carriers eligible as commissioners. Const. Art. 288. 18. Division of state into three commissioner districts. Const. Art. 289. 19. This act to carry into effect Art. 284 of the constitution. Act June 27, 1907. 20. {6b) Witne^es required to attend hearings must be served with sum- mons, signed by secretary under seal. Act June 27, 1907. 1. 21. (6b) Attachments for witnesses and other processes to be executed same as processes in court. Act June 27, 1907. 2. 22. Commission may fine and commit to prison persons guilty of contempt before it. Act June 27, 1907. 2. 23. (3) Commission may establish joint rates on all common carriers. Act June 27, 1907. 3. 24. Pipe lines for the carrying of gases, oils or other liquids are common car- riers and under control of commission. Act June 29, '06. 25. Commission to have the same control over pipe lines as over other com- mon carriers. Act June 29, '06. 26. (13c) Commission may prosecute actions before interstate commerce com- mission. Act July 11, '06. MAINE. (References to Revised Statutes, 1903, unless otherwise indicated.) 1. Railroads must place sign with words: "Railroad Crossing." plainly leg- ible at each street or highway crossing, and by bell and whistle give warning of approaching train. Ch., 51, 70. 2. Railroads may have common user of side tracks to mills and towns. Ch. 51, 30. 3. (28) Accidents on railroads to be investigated by railroad commissioners. Ch. 51, 65-66. 4. (28) Railroads to notify railway commissioners immediately of accidents. Ch. 52, 67-69. 5. (13) Railways to make reports to commissioners. Ch. 51, 49. 6. (13b) Commissioners shall examine railroads and rolling stock when neces- sary, and make annual report thereon to the governor. Ch. 51, 50. 7. Location of roads to be approved by commissioners. Ch. 51, 6. 8. Increase of capital stock can be had on approval of commissioners. Ch.. 51, 20. SYNOPSES OF COMMISSION LAWS 129 9. Railroads may take additional land for right of way by consent of com- mission after hearing-. Ch. 51, 26. 10. Commission may require railroads to construct cattle guai'ds, cattle passes, and farm crossings. Ch. 51, 33. 11. (1) Commission to consist of three persons to be appointed by governor, term three years, one a lawyer, one a civil engineer, one experiencd in railroad management. Governor may appoint clerk and assistant clerk. Expenses of com- mission not to exceed $3,200 anually. Ch. 51, 48. 12. Passenger trains not to run over new roads until permitted by commis- sion. Ch. 51, 51. 13. (33) Commission may employ experienced engineers to examine bridges. Ch. 51, 52. 14. Board to order repairs when necessary, and tracks, bridges, or railroad stock; may regulate speed of trains until repairs are made. Ch., 51, 54. --. Commission may seek aid of Supreme Courts through attorney general to enforce provisions of act. Ch. 51, 55. 16. (35) Commission may prohibit passenger trains passing over track deemed unsafe. Ch. 51, 56. 17. (6) Commission to give hearing on question of .ioint rate and terminal matters. Ch. 51, 57. 18. (3) Appeal may be had on order of commission of joint rates to Supreme Courts. Ch. 51, 58. 19. All roads may ha\-e common use of depots in town. Ch. 51. GO. 20. Commissioners may fix terms and regulations for common use of depots. Ch. 51, 60. 21. (3) Commission may order the building of depots. Ch. 51, 61. 22. Commission may designate site and kind of building to be erected and maintained at stations. Ch. 51, 62. 23. Railways must cross over or under highway unles.s permission of com- mission is given after notice and hearing, authorizing a crossing at grade. Ch. 51, 65. 24. Commission may permit higliways to be lowered or raised from grade crossing. Ch. 51. 66. 25. Railroads may cross over or under canal or other railroads. Ch. 'il, OS. 26. Municipality may reciuire gates at highway crossing. Ch. 51. 71. 27. Commission to determine manner which railroads cross each other after hearing. Ch. 51, 73. 28. Overhead bridges in municipality constructed and maintained in manner required by commission. Ch. 51, 75. 29. (6) Legislature may alter rates. Rates established by carrier may t-e re- duced by commission after hearing. Ch. 52, 1. 30. Regular ticltets good for six years. Ch. 52, 2. 31. Railroads intersecting or crossing each other deemed connecting roads. Ch. 52, 10. 32. Passenger trains at junction and intersecting points must wait for con- necting train, but not to exceed twenty minutes. Ch. 52. 11. 33. (15b) Railroads shall forward and deliver traffic of other roads without discrimination. Ch. 52, 12. 34. Railroads shall charge no more for joint shipment than shipment wlioUy on its own line. Ch. 52, 14. 35. (15) No rebates or special privileges shall be given by railroads. Ch. 52, 15. 36. Railroads shall furnish equal facilities to all express companies. Con. . Art. XII, sec. 21. Ch. 52, 17. 37. Railroads shall not change location of tracks without consent of Legisla- ture or commissioners. Ch. 52, 18. 38. Trains must be run regularly. Ch. 52, 19. 39. Commission to fix compensation of receiver of railroad. Ch. 52, 23. 40. Road may assign its charter or lease, or grant use of mad only by con- sent of Legislature. Ch. 52, 30. 41. Passenger train on the steam road shall have one experienced brakeman for every two cars. Ch. 52, 70. —9 130 SYNOPSES OF COMMISSION LAWS. 42. Frogs aiul guard rails to be blocked satisfactory to commission Ch 52 S2. 43. Method of heating passenger cars must be approved bv commission. Ch. 52, 83. 44. Railroads crossing at grades, railroad last built shall maintain signal sta- tion. Ch. 52, 01 45. Commission may re(iuire automatic signals where roads cross at grades. Ch. 52, 92. 46. Common user of tracks of state railways. Ch. .>3, 21. 47. Animals not to be kept in oars more than twenty-four hours without un- loading for rest. Ch. 125, 42. MASSACHUSETTS. (References are to Chapter 111. Revised Laws, unless otherwise indicated.) 1. (22) Definition of terms used in Act. 7. 2. (1 & 30) Three commissioners appointed by governor, confirmed by coun- cil. S. 3. (1) Term of oflSce three years. S. 4. (2) Commission to have clerk appointed by governor. 8. 5. (2) Commission may appoint assistant clerk, accountant and experts. 8. (!. (Ic) Oath of ofl!ice to be taken by commissioners and clerk. 8. 7. (Id) Salary of chairman of board $5,0U0, salary of other commissioners $4.(1(111. 0. 8. (2) Salary of clerk $2,500, assistant clerk $1,200, inspector $2,000. 9. 9. (2) Commission to have offices in the city of Boston. 9. 10. Commission and employes to have free transportation over railroads. 9. 11. (24) Appropriation of incidental expenses $3,(K)0 per annum. 9. 12. (13b) Commission to make annual report to secretary of Commonwealth. Commission to have general supervision over all railroads in state. 11. 13. (21) Commission to report violations of law to Attorney General for action. 14. 14. {?,} Commission to have authority to examine condition of railroads and recommend necessary changes or repairs. 15. 15. (6) Commission to have authority on complaint of mayor and alderman, 01" other city or town officials to examine condition of railroads and require changes or repairs to be made. 16. 16. (28) Commission shall investigate accidents on railroads or street rail- ways invohing loss of life, and may investigate all railway accidents. 17. 17. Railway employes authorized to make complaint about defects in works or appliances of railroads, lis. 18. (11) Railroads required to furnish commission information relative to con- dition,, management and operation of railroads. 19. 19. Railroads required to furnish commission copies of all contracts and agreements with other common carriers. 19. 20. Action of commission shall not entail legal liability of railroad corpora- tions. 20. 21. (11) Commission shall examine books and accounts of every railroad and street railway annually. 21. 22. Commission shall examine books and financial condition of railway cor- poration upon application in writing of a director or holders of one-fiftieth part of paid up capital stock. 22. 23. (11) Commission to have access to list of railway stockholders. 23. 24. (11a) Penalty of railway company for failure to submit books for ex- amination. 24. 25. (6b) Commission may summon witnesses, administer oaths and take testi- mony in proceedings before it. 25. 26. (14) Witness fees. 25. 27. (13) Commission shall prescribe forms for annual reports by railroad cor- pr.ration. 26. SYNOPSES OF COMMISSION LAWS 131 28. (13) Commission to furnish blank forms to railroad corporations for an- nual report. 26. 29. Authority of commission over railway grade crossings. 27. 30. (24) Appropriation of $4,.500 annually for incidental expenses. Ch. 9G, 1904. 1. 31. Salary and expenses of railway commission to b'e paid by railroad and street railway corporations. Ch. 429, 1904. 32. Forty-five hundred copies of annual report of commission to be printed. Ch. 138, 1905. 33. (2) Commission may employ experts to investigate proposed issue of stocks and bonds by railroads. Ch. 432, 1902. 34. Authority of commission extended to steamship companies within the state. Ch. 265, 1904. 1. MICHIGAN. (References are to Railroad Commission Act of 19u7.) 1. (1) Three commissioners; no more than two of tht^same political party; appointed by governor. 1. 2. (la) Commission shall be comprised of at least one attorney versed In transportation law. and others shall have knowledge of traffic and transportation matters. 2a. 3. (1) Governor may remove commissioner for neglect of duty after hear- ing. 2b. 4. (laj Commissioner not to be interested in common carrier, and if he should become so interested, office Ipso facto becomes vacant. 2c. 5. (Id) Salary $3,000. 2e. 6. (2) Salary $2,000 for clerk and $],5(i0 for such additional experts as are necessary. Including an electrical engineer. 2g. 7. (33) May appoint a mechanical engineer of ten years' experience, to make technical Inspection of air and power brakes, couplers, heating apparatus, train signals, switches, frogs and guard rails and e(|uipment of electric lights, etc. 2i. 8. (2) Commission to be known as Michigan Railroad Commission. 2j. 9. (2) Office at capitol; holding meetings anywhere; commissioners, clerk and all entiled to traveling expenses. 2k. 10. (2) May adopt its own rules. 21. 11. May confer with other commissions, etc., by correspondence or visit. 2m. 12. (22) Act to apply to all common carriers, between points within the state, and of all rates and charges therefor, except for charges fixed by municipal franchise. 3a and b. 13. (22) Express companies and street car companies are common carriers. 3c. 14. (Zi) Term railroad defined; and shall Include all terminal facilities. 3d. 15. (22) Transportation defined and Includes refrigeration, icing, storage and handling of property transported. 3e. 16. (3) Common carrier must furnish adeciuate service at reasonable rates. 4a. 17. (3) Carrier must make joint rates. 4b. Electric roads Included. 4b. IS. (3) Joint rates must be just and reasoiial)le. 4c. 19. (15e) Free and reduced transportation. List may be extended by com- mission. 5 20. Penalty for issuing pass. 5b. 21. (15e) Special rates for carriage of goods to I'nited States, or municipality, for charitable purposes, or expositions, or household goods of employes. 5c. 22. Mileage commutation excursion tickets may be issued. 5c. 23. Common carrier to put In switch for private side track. 6. 24. Must make physical connection with other roads, including electric roads; and exchange cars. 7. 25. (3) Common carrier must have sufficient cars to meet reasonal>le de- mands, and furnish same on application without discrimination. 8. 26. (15b) Preference may be given all cans U's, slate or imniicipal corporation, or for charitable purposes, or for fairs, or to ministers, charitable workers, or students. 2010. 68. Agreements or combitiations for pooling are prohibited. 2011. 69. (10) Rates and schedules to be printed and open to public inspection. 2012. 136 SYNOPSES OF COMMISSION LAWS 70. Rates shall not be changed except after ten days" notice. 2013. 71. (10) Copies of schedules, including joint rates, shall be filed with com- mission. 2014. 72. Carriers shall file with commission copies of all contracts or agreements with other roads. 2014. 73. (3) Carriers shall charge only rates fixed published schedules. 2015. 74. But one switch charge shall be made at terminal points. 2016. 75. (15c) Carriers shall not charge more for shorter haul than for long haul, except on permission of commission. 2017. 76. (3) Carriers shall establish joint rates. 2018. 77. (3) Roads, connecting or intersecting, must provide transfer facilities by physical connection. 2019. 78. Freight and car load lots not to be unloaded and reloaded at transfer points, except at cost of carrier. 2021. 79. Cost of transfer not less than car load lots to be included in joint rates. 2022. 80. When demand for cars is greater than the supply, carrier shall furnish one car to each applicant, and shall distribute other cars in proportion to de- mands of shipper. 2023. 81. Empty box cars shall be closed during transit to prevent spread of nox- ious weeds. 2024. 82. Company shall furnish stocli cars when demanded for shipment of stock. 2025. 83. (15f) Care talcers entitled to free transportation on train with stock. 2026. 84. (45) Shipper has thirty-six hours to load car. 2027. 85. Railroad company shall maintain at all villages and stations on its line, depots, comfortable conveniences for passengers and ' freight. 202S. 86. Passenger depots must be comfortably furnished, heated and lighted, and open at least a half-hour before arrival of train. 2028. 87. Whenever the traffic at any station amounts to $8,000 per annum, com- pany must maintain agent, and no station shall be abandoned or removed with- out consent of commission. 2029. 88. Passenger trains must stop at stations at least one minute at schedule stopping places. 2031. 89. Railroad company must notify commission of the opening of any road, bridge, or extension, and within one year thereafter file map, showing grades, curvatures, and mileage. 2032. 90. Trains at grades, crossing with other roads, must make full stop, unless interlocking or other signal device is used. 2033. 91. Trains shall stop for transfer of passengers at junction or intersecting points. 2034. 92. Train schedules shall be so arranged as to facilitate transfer of passengers at junction or intersection points. 2034. 93. Passenger cars must be provided with toilet rooms. 2035. 94. Cars for accommodation of passengers must have fire extinguishers and two saws and two axes on each car, one each on the inside and one on the out- side. 2036. 95. Locomotives shall be provided with spark arresters. 2037. 96. Right of way for fifty feet on each side of center of track to be kept cleared of combustibles. 2037. 97. Employes shall not leave fires near woodland, and they shall report at first telegraph station fires along line of road. 2037. 98. Roads helped by public aid shall not be abandoned (except 2039 on per- mission of court after a hearing. 2038. 99. (28) Carrier must report all accidents or wrecks in which persons were killed or injured within sixty days offer occurrence. Ch. 122,-1 100. Carrier may prescribe rates in the first instance. Ch. 176, '05-1. 101. (10) Notice of tariff must be posted in large legible type. Ch. 176, '05,2. 102. All published rates shall be deemed just and reasonable, and only changed on order or consent of commission. Ch. 176, '05, 3. SYNOPSES OF COMMISSION LAWS 137 103. (15e) Special rates may be made to the United States, state, municipal- ity, church, religious society, charitable institution, fairs, or for carrying seed grain. Ch. 176. '05, 4. 104. (6) Commission shall give hearing on apiJlication of carrier to change rate. Ch. 176, '05. 5. 105. Under certain conditions commission may permit rate changed without hearing. Ch. 176, '05, 6. 106. Commission shall make special efforts to determine whether rebates or special privileges are given, and for this purpose may enter any office of the carrier and examine any books or records therein. Ch. 176, '05, 8. 107. Carrier guilty of rebating shall be subject to fine of $5,000 and person receiving same guilty of misdemeanor. Ch. 177, '05, ]. 108. All depots shall have suitable and sanitary toilet rooms therein. Ch. 221, '05, 1. 109. Mileage tickets or books to be transferable. Ch. 221, '05, 1. 110. Station must have same name as city or village. Ch. 252, '05, 1-2. HI. Commission may appear and prosecute proceedings before Inter- state Commerce Commission. Ch. 279, '05,1. 112. All stations where telegraph operator is kept, time of arrival and de- parture of trains, including train number, schedule time and lateness of train shall be posted in a conspicuous place. Ch. 287, '05, 1. 113. On abandonment of any road company shall be liable on demand for any bonus granted for construction of abandoned line. 2040. 114. Fire thrown from engine or cars shall be prima facie evidence of negli- gence by railroad. 2041. 115. Company liable for injury to servant caused by negligence of other ser- vant except on new road not open to public. 2042. 116. (120) Ticket agents to have license from secretary of state. 2043. 117. (121) Ticket agent must keep license posted in conspicuous place. 2043. 118. (126) Carrier must redeem unused ticket. 2044. 119. Railroads shall pay a gross earnings tax in lieu of other taxes. 1003. 120. Roads shall report gross earnings to commission. 1005. 121. Commission shall certify gross earnings to state auditor, and amount of taxes due thereon. 1006. « 122. Failure of railroad to make report of gross earnings, state treasurer shall estimate same and fix tax. 1007. 123. State treasurer may distrain property to collect tax. 1008. 124. Five per cent added to taxes for failure to pay same by March first. 1009. 125. Engine and cars may be distrained and depots, warehouses, and tracks seized to collect tax. 1010. 126. Roads having land grants must report sales of land annually. 1011. 127. Carrier must make annual report under oath of its officers of all its sales of stock issued, sold, pledged, and disposed of and amount received for same. 2912. MISSISSIPPI. (References are to Code of 1892 unless otherwise indicated.) 1. Speed of trains six miles per hour in cities and towns. 3546. 2. Engine must have bell and whistle. Same must be used in approaching highway crossings. 3547. 3. --Ml passenger trains must stop at county seats. ,"550. 4. Highways or streets must not be ol)structed by trains more than five minutes. 3551. 5. Conspicuous signs be placed at all highway crossings. 3552. 6. Railroads liable must provide easy and convenient crossing at higliways. 3555. 7. Railroads liable in damages for any noglect or mismanagement. 3557. 8. Fellow servant rule abolished except where ser\ants arc working together in the same employment. 3559. 138 SYNOPSES OF COMMISSION LAWIS. y. Assumed risk abolished except to i'onductnrs or engineers voluntarily us- ing unsafe appliances. oo59. 1(1. Right of action not to abate on death of person injured but shall sur- vi\e to legal or personal representative of the deceased. ;5559. 11. All contracts or agreements between railroad and emijloyes waving em- ployes' right under this contract void. 3559. 12. (130) Railroad must provide cattle guards where track passes through enclosed lands. 3561. 13. Separate and eciual accommodations to be provided for different races. 3562. 14. (1) Commission to consist of three members elected by districts. Shall have no interest in any railroad. 4273. 15. (1) Commissioners shall not accept any gifts or emolument from any comomn carrier. 4274. 16. (1) Commission shall take oath and furnish $10,000 bonds. 4275. 17. (2) Commission with consent of the Senate appoints a secretary who shall have like qualifications of a commissioner. 4276. IS. (2) Commission shall keep ofiice at capitol. 4276. 19. Commission must have regular meetings at office the first and third Mon- days in each month. 4277. 20. (2) Commission shall keep record of proceedings which shall be open to public. 4277. 21. (2) Commission to have seal with margin "'Mississippi Railroad Commis- sion." 4278. 22. (6b) Commission or secretary may administei' oaths and commission or any commissioner may examine witnesses. 4379 23. Commission shall keep a docket of all complaints and petitions and same shall be heard in order of filing. 4280. 24. Notice to be given to railroads of hearings to revise lands. 4282. 25. Serving of notice on common carriers may be by mail. 4282. 26. All findings and decisions of comimsison shall be in writing. 4284. 27. (3) Findings or decisions of commission shall be prima facie evidence of all matters stated therein. 4284. 28. (6b) Commission may issue subpoenas to witnesses and subpoenas duces tecum. 4285. 29. (6b) Subpoenas served same as in court proceedings. 4285. 30. Misdemeanor for witness to fail or refuse to appear and testify. 4285. 31. (9) Commission may apj:>ly to court to enforce observance of law or obedience to its orders. 4286. .32. (15) Railroads not to discriminate or charge unreasonable rates or charge more than rates fixed by commission. 4287. 33. (15b) Railroads guilty of extortion liable in double damages for over- charge or discrimination. 4288. 34. (10) Railroads must file with commission tariffs of charges including joint tariffs of connecting lines. 4290. 35. (3) Commission may revise tariffs and fix reasonable rates. 4290. 36. In fixing tariffs commission shall consider services to be rendered, entire business of the road and its earnnigs. 4290. 37. (3) Commission may revise rates from time to time as public welfare de- mands. 4290. 38. (4) Commission in fixing joint rates shall apportion the rate to road ef- fected. 4290. 39. Commission to fix charges, supervise and regulate express, telegraph, telephone and sleeping car companies same as railroads. 4291. 40. (15e) Free and reduced transportation. 4292. 41. (15b) Penalty for unjust discrimination or rebating. 4293. 42. (iO) Railroads to keep posted tariffs at each depot including both tariffs in such manner and place as commission may prescribe. 4294. 43. (10) Commission to prescribe manner and place of posting tariffs at all depots. 4294. SYNOPSES OF COMMISSION LAWS. I39 44. (15a)"All common carriers including transportation must furnish all in- formation required by the commission. 4296. 45. Commission shall receive from all common carriers complete reijort of management, uncommon receipts, expenses, and all leases contracts and agree- ments with other common carriers. 4296. 46. (6) All complaints to commission to be in writing and hearing thereon after notice. 4297. 47. Hearing shall be fair to both sides and under such conditions as deemed best to arrive at truth. 4297. 48. Commission may regulate time schedules. 4297. ' 49. (3) Railroads must switch to connecting lines under such further condi- tions as may be fixed by commission. 4298. 50. Bill of lading prima facie evidence of receipt of goods by carrier. 4299. 51. Railroads must establish depots where public convenience requires and commission may order trains stopped at other places for convenience of public. 4303. 52. A road shall not abandon depot without consent of commission. 4302. 53. (3) Commission shall establish rules and regulations for depots to secure comfort of passengers. 4303. 54. (3) Railroads shall keep the reception room of the depot as directed bj- the commission, bulletin boards showing arrival, departure, and lateness of trains. 4304. 55. Commission to visit depots and stations and observe management thereof. 4305. 56. (3) Commission may re(iuire railroads to furnish sufficient passenger cars. 4306. 57. (28) All accidents causing delay to trains or personal injury must be re- ported to commission. 4307. 58. (28) Wrecks causing death or serious injury investigated by oomimssion. 4308. 59. Commission may designate site of depot. 4::09. 60. Commission may require union depots to be built and maintained. 4310. 61. (3) Commission to hear complaints on insufficiency of station facilities and may order changes. 4311. 62. Commission may require separate accommodations for races at depot. 4312. 63. (3) Commission may require any additions, alterations, or facilities in any depot as may be deemed required. 4312. 64. Depots shall be kept open one hour before arrival of trains and shall be kept comfortable and orderly. 4313. 65. Commission may order gates where railroad and thoroughfares cross. 4314. 66. Commission on lomplaint or otherwise shall examine safety of any bridge, trestle, tunnel, or roadbed and report finding to the railroad company. 4315. 67. (35) Commission may employ comiietent engineer to examine bridge, trestle, tunnel or roadbed. 4315. 68. (32) Automatic couplers placed on cars as directed by commission. 4317. 69. (2) Commission and secretary have free transportation when on business of state. 4318. 70. Railroads to make quarterly reports to commission. 4320. 71. (13) Shall also make an annual report. 4321. 72. Express, telegraph, telephone and sleejiing car comi>anies make like re- ports as railroad. 4322. 73. (22) Commission to have same authority o\'er express, telegraph, tele- phone and sleeping car companies as over railroads. 4325. 74. Commission may retiuire telegraph and express companies to establish and maintain offices when necessary. 4328. 75. (38) Penalty of ?500 for common carriers violation any of the provisions of this act or any order of commission. 4329. 76. Certain state railroads not subject to this chapter. 4330. l^Q SYNOPSES OF COMMISSION LAWS. 77. (21) Commission duties to enforce all laws relating- to common carriers. 4331. 78. One or more of the commissioners to spend at least one day annually in each county traversed by railroads to inquire into needs of the public in rela- tion to common carriers. 4332. 79. Commission to make bi-ennial reports to the legislature. 4333. 80. (22) "Railroads" mean common carriers and "company" embraces tele- graph, telephone, express and sleeping car companies. 4336. 81. Sleeping car companies to pay a tax of $100 and 75c a mile for each mile of track operated. 4387. 82. Railroad commission shall have state railroad assessors and shall assess and fix the value for taxation of all railroad property within the state. 3877. 83. Telegraph, express and sleeping car companies to be assessed the same as railroads. 3585. 84. Commission may require the abandonment of side tracks when interfer- ing with highway crossings. Act Mar. 30, '92. 85. Commission may require side or spur tracks, factories, warehouses, or other points for receipt of freight. Act Mar. 19, '96. 86. Roads crossing each other at grade and having interlocking devices may pass such crossings without stopping. Act Mar. 23, '96. 87. Commission may require physical connection between roads of similar gauge approaching within one mile of each other. Act Feb. 11, '98. 88. Commission to supervise (;ar service association. Act Feb. 11, '98. S9. (22) Telegraph, telephone, express, sleeping car, palace car or dining car companies shall be under the jurisdiction and control of railroad commissioners, same as railroads. 3886. MISSOURI. (References are to Missouri Annotated Statutes, 1906.) 1. (1) Commission to consist of three persons; elected; term 6 years. 1198. 2. (la) Persons . pecuniarily interested in common carrier not eligible. 1198. 3. (13c) Commission to investigate interstate rates. 1199. 4. (13c) Upon complaint being filed against interstate rate, commission to prosecute same before interstate commerce commission. 1199. 5. (6b) Upon complaint being filed commission may issue subpoenas and re- quire the production of books and papers. 1200. 6. (6b) Witness refusing to obey summons of commission circuit court to order obedience. 1201. 7. (6b) Witness ignoring subpoena guilty of misdemeanor. 1202. 8. (13b) Commission to make annual report to governor. 1203. 9. (3) Commission to classify freight. 1204. 10. (35) Track equipment, etc., to be examined by commission, and speed of trains may be regulated over defective or dangerous track or bridge. 1205. 11. (3) Rates fixed by commission must be observed by carrier. 1206. 12. (15) Carrier charging higher rate guilty of misdemeanor and liable in treble damages to party injured. 1206. 13. (Id) Salary of commissioner $3,000. 1208. 14. (Ic) Bond of commissioner $20,000. 1207. 15. (2) Board to employ secretary, salary .?2,000. 1208. 16. (3) Certified copy of proceedings to be admitted in evidence without further proof. 1208. 17. (3) Commission to require connecting or intersecting railroads to make reasonable connections of trains. 1210. 18. (3) Commission may fix schedule of trains. 1211. 19. (6) Commission to investigate on complaint of three or more adult male residents complaining that trains are not making proper connections at jimction points. 1212. 20. (6) Commission to give notice of hearing on complaint. 1213. 21. (3) Carriers refusing to observe order of commission requiring trains tON connect at junctions liable to fine. 1214. SYNOPSES OF COMMISSION LAWS. i^i 22. (3) Commission to require roads nearing or intersecting each other to physically connect tracks. 1215. 23. Commission may require trains to stop at any station. 1219a. 24. Commission may order changes in time cards. 1219b. 25. Commission to require branch trains to connect with trunk line trains. 1219f 1. 26. Commission semi-annually to require roads to file copies of all contracts with other carriers. 1064. 27. Road must give notice of change of time of passenger train. 1076. 28. (3) Carrier to keep bulletin boards at each station showing time of ar- rival and departure, and lateness of trains. 1077. 29. (39) Cars to be furnished within 4 days. 1082. 1. 30. (40) Freight in carloads or less must be received and forwarded at the rate of 60 miles per day. 10S2. 2. 31. (42) Carrier must give notice to consignee upon arrival of freight. 1082. 3. 32. (43) Cars to be placed at warehouse or sidetracked for unloading within 24 hours after arrival. 1082. 4. 33. (45) Shipper must load cars within 48 hours after delivery. 1082. 5. 34. Car must be unloaded by consignee within 48 hours after notice of ar- rival. 1082. 5. 35. Freight not in carload shipments to be removed from depot without de- murrage within 48 hours after notice of arrival. 1082. 7. 36. (42) Demurrage and reciprocal demurrage on cars and demurrage on freight not in carload shipments per ton, $1.00 per day per car, or per ton. 1082. 1 to 7. 37. (130) Railroads to fence right of way, and to provide cattle guard, gates, etc. 1105. 38. (15b) Railroads to receive and deliver freight at junction and crossing point from and to other carriers without discrimination. Ills. 39. Switches, guardrails to be blocked. 1123. 40. (15c) Not to charge more for short haul than long haul. 1126, 1134. 41. (22) Railroads are pulilic highways, and railroad companies common car- riers. 1127. 1128. 42. (15) Special rate, rebate, drawback or favor rirohibited. 1129. 43. (15) Extortion or unjust discrimination prohibited. 1130. 44. (15a) Discrimination between persons or localities prohibited. 1133. 45. Pooling agreements unlawful. 1135. 46. (15e) Special rates may be given to United States, State, or for any fair, religious, scientilic, benevolent or charitable purpose. 1134. 47. (10) Carrier must print and keep for public inspection schedules of rates and classification. 1136. 48. (10) Schedule of joint rates to l)e filed with commission. 1137. 49. (3) Commission to see that joint rates, fares and charges are just and reasonable. 1138. 50. (6) Upon complaint of any person interested commission to give hearing and may fix any rate deemed just. 1143. 51. (9) Commission may petition circuit court to enforce orders of commis- sion. 1150. 52. (9) Circuit court to give hearing and may by mandamus, injunction or other writ enforce order of commission. 11.^.0. 53. (9) Court may modify order of commission. 1152. 54. Commission failing or refusing to act may be mandamused. 1154. 55. (22) Commission to have jurisdiction over express companies. 1159. 56. All railroads in state divided into three classes. 1191. 57. (3) Commission to establish just and reasonable freight rates. 1194ab. 58. (10) Railroads must furnish schedule of rates to commission. 1194bb. I4.0 SYNOPSES OF COMMISSION LAWiS. MONTANA. (References are to Railroad Commission Act of 1907.) 1. (1) Three commissioners; elected; term six years. First board named by legislature in commission bill. 1. 2. (1) Vacancies to be filled by appointment by governor. 1, 3. (la) Qualifications of commissioners. 1. 4. (lb) Constitutional oath by commissioners. 2. 5. (lb) Bond for $25,000; sureties to be approved by governor. 2. 6. (2) Office at state capital. 3. 7. (2) Regular session at state capital at least once a month. Meetings may be held at any place within the state. :*. 8. (6a)' The sessions of the board to be public. 3. 9. (2) Board may adopt rules to govern proceedings. 3. 10. (2) Board to have official seal. 4. 11. (1) Chairman to be selected. 5. 12. (2) Board to appoint secretary, stenographer, inspectors and experts. 5. 13. u>i) Salary of commissioners ?4,000. 6. 14. (2) Salary of secretary $3,000. 6. 15. (2) Salary of stenographer .?1.20i). Members of commission and employes to have free transportation and actual necessary expenses paid. Board allowed $4,000 per annum for incidental expenses. 6. 16. (2) Secretary to keep record of proceedings and be custodian of records and files. 9. 17. (6b) Commission to have power of court to issue process. 10. 18. (6b) May call on district court to enforce subpoena. 10. 19. (22) Commission law applied to all railroad and express companies. 11. 20. (22) Definitions of terms used in railroad comimssion law. 11 and 12. 21. (3) Board to classify and subdivide freight and fix rates. 13. 22. (3) Authority of board to fix joint rates. 13. 23. (13c) Violations of interstate commerce law to be investigated by commis- sion and reported to interstate commerce commission. 13. 24. Notice of new schedule or changes in schedule to be published for two weeks in some Helena newspaper. 14. 25. (10) New schedules or changes in schedules to be posted by common car. rier. 14. 26. Ten days' notice of maximum rates and transportation to be oublished in two daily papers. 14. 27. (3) Transportation and rates to be effective in twenty days. 14. 28. (3) Commission to have authority to change or abolish transportation or rates. 15. 29. Board to have authority to fix passenger rates. 15. 30. Complaint of shippers must be investigated within forty days. 15. 31. (3) Board to have general supervision of all railroad and express com- panies. 16. 32. (21) All railroad laws to be enforced by the comimsison. 16. 33. (11) Board to have authority to inspect books and records of all railroad companies. 16. 34. (28) All accidents resulting in death or injury to any person to be in- vestigated by commission. 16a. 35. (28) Accidents resulting in loss of property exceeding $2,000 to be investigated by commission. 16a. 36. (37) Reports of accidents to be made by railroad companies. 17. 37. (6b) Power to issue subpoenas for witnesses. 18. 38. (14) Witness fees three dollars per day, mileage five cents. 18. 39. (14) Immunity of witnesses. 18 40. (3) Power of commission to compel proper train service. 19. 41. (3) Commission to require desirable depot building. 19. 42. (9) Attorney general to act as attorney for board. 20. 43. Authority to employ special counsel. 20. SYNOPSES OF COMMISSION LAWS. I43 44. (9) Duty of attorney general to institute proceedings. 20. 45. (9) Commission proceedings to have precedence in court. 2li. 46. (9) Action to review in district court. 21. 47. (9> Hearings and orders by court. 21. 4.S. (15; Discrimination and rebate prohibited. 22. 49. (15ej Excursion rates within the state permitted. 22. 50. (15b) Railroads prohibited from charging higher rates than fixed by com- mission. 23. 51. (9) Orders and regulations of ct)mmission may be enforced by district court. 24. 52. (9) Proceedings in court tc have precedence over other civil bu.siness. 24. 5;;. (S) Burden of proof on defendant. 24. 54. (3) Appeals to Supreme Court. 25. 55. (17) Recovery of excess payment made to railroads. If over-charge will- fully made treble amount shall be awarded in damages. 26. 56. (3; Railroads may bring action in district court to set aside order of commission. 27. 57. (6c) Shipper may bring action against railroad commission to determine reasonableness of rates fixed. 28. 58. (38) Penalty of willful refusal of railroads to obey law or orders of com- mission. 29. 59. (20) Penalties under law to be paid into state treasury. 30. 60. On refusal of commission to do so shipper may bring action in name of the state against railroad. 30. 01. Comimssioners and secretary of board prohibited from soliciting favors from railroad corporations. 31. 62. (13) Annual reports to be made to commission by railroad companies. 32. 63. (13b) Commission shall make annual reports to governoi-. 33. 64. (21) All railroad laws to be enforced by commission. 34. 65. (21) Railroad commission to report violations of railroad laws to attorney general. 34. 66. (1) Removal of commissioners by governor. 34. 67. Right of action not waived by commission law. 35. 68. (24) Appropriation $50,000. 36. NEVADA. Nevada, by act approved March 5, 1907, provided for a railroad commission of three members to be appointed by a board consisting of the governor, lieutenant governor and attorney general; term of office three years. Commission has plen- ary powers to regulate all common carriers. Copy of this act was not received in time to give synopsis in this i)ublication. NEW HAMPSHIRE. (References are to Title 21, Chapter 1.55, General Laws.) 1. (1) Three commissioners, bi-partisan board. 1. 2. (1 & 30) Commissioners appointed by governor, confirmed by council. 2. 3. (1) Commissioners may be removed by governor and couiuil. 2. 4. (1) Term of office three years. 2. 5. (1) Chairman of board appointed as such. 2. 6. (1) Vacancies to be filled by appointment. 2. 7. (2) Board shall choose one of its members clerk. 3. S. (2) Board to have office at state caj)intal. 4. 9. (Id) Salary of chairman $2,.5(H). clerk $2,200, commissioners $2,000. 5. 10. Commissioners to have free transportation over railroads. 5. 11. (2) Board to have annual allowance of $1,000 for additional employes, sten- ographers, experts and for purchase of supplies and incidentals. 6. 12. Expenses of the b'oard, including salaries of its members to be paid by railroad corporations in proportion to their gross receipts. 7. 144 SYNOPSES OF COMMISSION LAWS V.i. (la) Qualifications required of members of commission. 8. 14. No commissioner to sit upon hearing before board who would be disquali- fied to act as a juror. 9. 15. Governor may appoint temporary commissioner to act instead of disquali- fied commissioner to sit on hearings. 10. 16. (3) Commissioners to have general supervision over railroads of state. 11. 17. (13) Commissioners may prescribe form of railroad accounts. 11. 18. Commissioners to examine railroads and railroad accounts at least once each year. 11. 19. (28) Accidents on railroads to be investigated by commission. 12. 20. (3) Commission shall have power upon petition of any party interested to investigate transportation charges. 13. 21. Commission may investigate railroad management and business and make and recommend improvements, repairs or changes in next annual report. 14. 22. (21) Commission may direct attorney general to Institute proceedings against railroads violating any railroad laws of state. 15. 23. (6) Upon complaint by city or town officials, or twenty legal voters there- of, against railroads for any cause, commission shall hold hearing and adjudge whether complaint is well founded. 16. 24. No action of commission shall impair legal duties and obligations or lia- bilities of railroads. 16. 25. (11) Commission to have authority to examine railroad books and ac- counts, papers and leases or contracts. IS. 26. (11) Penalty for refusal by railroads to allow commission to examine books and records. 19. 27. (6b) Comimssioners may summon witnesses to testify in investigations before it. 20. 28. (6b) Courts may be called on by commission to compel attendance of witnesses. 20. 29. (14) Witness fees and mileage. 20. 30. (6b) Commissioners authorized to administer oaths to witnesses and others In the course of official business before board. 21.- 31. (13b) Commission to require annual report from railroads. 22. 32. (13) Commission to make annual report to legislature. 23. NEW JERSEY. New Jersey, by the enactment of Chapter 197, T^aws of 1907, provided for a railroad commission of three members, appointed by the governor, with the ap- proval of the senate; term of office, six years. Commission to have general super- vision over all railroads. Copy of act was not received in time to give synopsis in this publication. NEW YORK. (References are to Chapter 249, Laws of 1907.) 1. (22) Definitions used in the public service commission law in state. 2. 2. (1) Two public service commissions in state. 3. 3. (1 & 30) Two commissions in state, five members each, appointed by gov- ernor, confirmed by senate. 4. 4. (1) Chairman of commission designated by governor. 4. 5. (1) Commissioners may be removed by governor. 4. 6. (1) Term of office of commissioners five years. 4. 7. (22) Jurisdiction of commission extends to all railroads and street railroads and common carriers and gas and electric companies. 5. 8. (2) Each commission to appoint an attorney as counsel. 6. 9. (2) Each commission to appoint a secretary. 7. 10. (2) Secretary of commission to have authority to administer oaths and appoint temporary secretary. 7. 11. (2) Commission to have authority to employ additional clerks, inspectors and experts. 8. SYNOPSES OF COMMISSION LAWS. ;|^4,5 12. (la) Qualifications of commissioners and oath of office. 9. 13. (2) Offices of commission and meeting places. 10. 14. Investigations, inciuiries and hearings may be held by any commissioner. 11. 15. Duties of counsel to commission. 12. 16. (Id) Salary of commissioners $15,000. 13. 17. Salary of counsel to commission $10,000. 13. 18. (2) Salary of secretary to commission $6,000. 13. 19. (2) Salaries of additional clerks and employes to be fixed by commission. 13. 20. (2) Expenses of commissioners and employes to be paid by state. 13. 21. Commissioners and secretary of commissions prohibited from requesting favors from corporations. 15. 22. (lob) Commissions shall make annual report to legislature. 16. 23. (3) Certified copies of papers filed to be evidence. 17. 24. (20) Fees to be charged for papers and documents furnished by com- mission. 18. 25. (20) Fees collected by commissions to be paid the state. 18. 26. (14) Witness fees and mileage. 19. 27. (6b) Courts may be called on by commission to compel attendance of witnesses. 19. 28. (6a) Commission may make rules of practice governing hearings. 20. 29. (14) Immunity of witnesses. 20. 30. (9) Commission cases in court to have precedence. 21. 31. (3b) Commissions to have authority to grant re-hearings. 22. 32. (3b) Service and effect of orders by commission. 23 33. (3) Commission orders to take effect when designated by commission. 23. 34. (3) Common carriers required to furnish safe and adequate service. 26. 35. (3) Unjust or unreasonable charges by common carriers prohibited. 26. 36. (3) Powers of comrrfissions regarding switch and side track connections. 27. 37. (10) Common carriers must print and file with commission all tariff schedules and keep same open to public inspection. 28. 38. (13) Commissions to have authority to prescribe forms for schedules. 2S. 39. Common carriers to make changes in schedule only on thirty days' no- tice to commission. 29. 40. Commission may permit emergency changes in tariff schedules. 29. 41. Common carriers must file with commission concurrence in .loint schedules. 30. 42. All contracts and agreements must be filed with commission. 30. 43. (15) Unjust discrimination in rates, charges and schedules prohibited. 31. 44. (15a) Unreasonable preference or advantage by common carriers prohib- ited. 32. 45. Transportation by common carriers prohibited imtil schedules are filed and published. 33. 46. (15) Common carriers prohibited fi-om charging more or less than pub- lished schedule rates. 33. 47. (15) Refunds and rebates by common carriers prohibited. 33. 48. (15e) Free and reduced transportation allowed in certain cases. 33. 49. (16) False billing, etc., by carrier or shipper prohibited. 34. 50. (15) Discrimination by common carriers prohibited. .35. 51. (3) Common carriers must interchange traffic. 35. 52. (15c) Long and short haul provision. 36. 53. Distribution of cars by common carriers must be fair and reasonable. 37. 54. Common carriers liable for damage to property in transit, notwithstand- ing contract or stipulation to contrary'. 38. 55. (15b) Carriage of freight and property within state must be continuous. 39. 56. Common carriers liable for loss or damage rnused by violation of order of commission. 40. —10 146 SYNOPSES OF COMMISSION LAWiS. 57. (3) General powers and duties of commissions in respect to common car- riers, railroads and street railroads. 45. oS. (11) Each commission and each commissioner to have power to examine all books, contracts, records and documents of common carriers. 45. 59. Each commission may conduct hearing and take testimony as to the ad- visability of any proposed law relating: to common carriers. 45. 60. (13) Commissions shall prescribe forms of annual reports to be made by common carriers to commission. 47. 61. (2&) Accidents involving loss of life or injiuics ti> i)ersons oi- i)roperLy to be investigated by commission. 47. 62. (37) Common carriers must report accidents immediately to comiinssion. 47. 63. (3) C'onimission to have authorit.\' to conduct hearings upon its own mo- tion. 48. 64. (6) Complaints may be made to proper commission l)y any person or cor- poration aggrieved. 48. 65. (3) Commission to ha\'e authority to fix rates and service on common carriers. 49. 66. (.35) Commission to have authority to order repairs or changes in railroad tracks and equipment. 50. 67. Commission to have authority to order changes in time schedules. 51. 68. Commission may order running of additional cars and trains. 51 69. (13) Commiission may order a uniform system of accounts by common carriers. 52. 70. (11) Commission to have access at all times to all accounts, records ana dC'Cuments kept by common carriers. 52. 71. Permit must be obtained from commission to begin construction of rail- r-ad or street railroad. 53. 72. One railroad corporation prohibited from holding stock in any other rail- road corporation, unless authorized by commission. 54. 73. Issues of stocks, bonds, and other forms of indebtedness by common car- riers invalid unless approved by commission. 55. 74. (5) Penalty for refusal of common carriers to obey orders made by com- mission, re. 75. (5) Officers and agents of common carriers must obey orders and regulations made by commission. 56. 76. Commission may order summary proceedings in supreme court against com- mon carriers refusing to obey orders, law or of commission. 57. 77. Court proceedings petitioned for by commission must be begun within twenty days. 57. 78. (9) Actions to recover penalties or forfeiture under Public Service Com- missions Law may be brought in any court of competent jurisdiction in state. 59. 79. (13c) Commission may investigate interstate traffic and make complaints Lo interstate commerce commission. 60. 80. (24) Appropriation of .$300,000 for two commissions. 88. NORTH CAROLINA. (References are to Revised Statutes of 1905, unless otherwise indicated.) 1. Agent or employe of steam or electric railway intoxicatd while on duty, guilty of misdemeanor. I,aws '07, ch. 330. 2. Commission may require railroads running within mile of town of 2,000 or more inhabitants to enter such town and to build and maintain union depots. Laws '07. ch. 465. 3. (12S) Unlawful for train dispatcher or operator to work more than S hours, or train employes 16 hours in 24, without consent of commission. Laws '07, ch. 456. 4. Cars must be cleaned once a day, and cars and toilet rooms must be kept decent. Laws '07, ch. 474. 5. (116) Maximum passenger rate, 2 1-4 cents per mile. Laws '07, ch. 216, 1. SYNOPSES OF COMMISSION LAWS. i^-^ (J. ilileage books to be sold, good on all roads in the state. J.avvs 'uT, ch. iJtl. 3. 7. Any person acceptin^j free transportation guilty of misdemeanor. Laws '07, ch. 216. 5. 8. Joint rate shall not exceed 75 per cent of the combined local rates. I^aws '07, ch. 217. 1. 9. (15) Company liable to line and officers and agents guilty of misdemeanor for giving rebates or discriminating. Laws "07, ch. 217. 2. 10. Shipper or consignee, accepting any rebate or favor guilty of misde- meanor. Laws '07, ch. 217. 2. 11. (39) Cars must be furnished within four days after application therefor under penaalty of $5 per day for car. Laws '07, ch. 217, 3. 12. On application for cars company demand a deposit of $5 for each car ap- plied for. Laws '07, ch. 217, 3. 13. (45) Cars must be loaded within 48 hours after delivery to shipper. Laws '07, ch. 217, 3. 14. Commission to prepare and publish rates to be charged by railroads in the state. Laws "07, ch. 217. 5. 15. "Corporation commission," a court of record with all "power and juris- diction of a court of general jurisdiction as to all subjects embraced in this chapter." 1054. 16. (1) Three commissioners; elected; term 6 years. 1056. 17. (1) Vacancies to be filled by governor. 1057. 18. (la) Commissioners shall not be pecuniarily interested in any common carrier, bank or building and loan association, during his term of office. 1058. 19. (2) Commission to appoint a clerk; term of 2 years, who shall be expert accountant in railroad matters. 1063. 20. (11) Commission to investigate books and papers of all common carriers, including telephone and telegraph and all banks and loan associations. 1064. 21. (28) Commission to investigate cause of accidents on railroads and steam- boats. 1065. 22. (21) Commission to have general supervision and control over and shall enforce all laws relating to railroads, street railways, steamboats, canal, express and sleeping car companies, telegraph and telephone and all other common car- riers, and against all banks and loan and trust companies, or building and loan associations. 1066. 23. Commission to have all powers of court, connjel attendance of wit- nesses or books and papers and punish for contempt. 1067. 24. (2) Commission may establish rules of procedure. 1068. 25. Commission on stipulation to act a.? arbitrator in controvers.\- with cor- poration. 1073. 26. (3) Appeals may be had from commission to superior c^ourt. 1074. 27. (9) Appeals from commission to have precedence over civil actions. 1075. 28. (3) All rates fixed or decisions or determinations made by commission shall be prima facie, just and reasonable. 1075. 29. (3) Appeals may be had from superior court to supreme court. 1077. 30. (6c) In appeals of commission fixing- rates, rates to be enforced and bond given by appellant. 1078. 31. (7) On appeals from commissioners, rates fixed by commission and ap- proved by court to be the established rates. 1079. 32. (9) Orders of commission not appealed from may be enforced b.v proceed- ings in mandamus by commission in superior court. 1081. 33. (3) Commission or corporation may appeal to supreme court from decree of superior court. 1081. 34. (6c) Order of commission fixing rates not to Ive stayed in .ippoals unless bond is filed. 1082. 35. Railroad guilt.v of violating rules and rcgulati- commission, must reimburse persons injured thereby within 30 days, under a penalty of |500. 1086. 36. (38) Railroad violating provisions of this chapter or rule or order of com- mission liable to fine of $500. 1087. 148 SYNOPSES OF COMMISSION LAWS. 37. (3) Railroads to afford facilities for exchange of freight and passengers at junction points without discrimination. 1088. 38. (13a) Officer, agent or employe of common carrier failing to make report liable to fine of $500. 1089. 39. A delay of ten days or more by officer, agent or employe shall be deemed willful. 1089. 40. (38) Penalties not otherwise provided for, $100 for each offense. 1090. 41. (17) Carrier violating provisions of this act or order of commission liable in damages to party injured, and where violation is wilful carrier liable to ex- emplary damages. 1091. 42. (19) Penalties under this act to be recovered in a suit in the name of the state on relation of commission. 1092. 43. (23) Remedies under this chapter to be cumulative. 1093. 44. Commission to make rules for handling of freight and baggage at sta- tions. 1094. 45. Commission to make rules to prevent discrimination or giving of rebate or favors. 1095. 46. Commission to establish telephone and telegraph rates. 1096. 47. (3) Commission to require the building of depots or the enlarging or changing or repairing of same, including union depots. 1097. 48. Commission may require roads entering same town to build, maintain and xise union depots. 1097. 49. Commission may require separate waiting rooms for i-aces. 1097. 50. Commission may require the building of side tracks to industry. 1097. 51. Depot or station established, not to be abandoned except by consent of commission. 1098. 52. (3) Commission to make rates for freight, passengers and express, includ- ing joint rates from railroads, street car companies, steamboats, canals or ex- press companies. 1099. 53. Special rates may be made with consent of commission for developing manufacturing, mining, building and terminal improvements. 1099. 54. (15e) Excursion rates may be given, for freight and passengers. 1099. 55. (3) Commission make rules and rates for demurrage, recJDrocal demur- rage and storage charges. 1100. 56. Commission may fix the speed of trains through towns. 1101. 57. Commission in fixing rates shall consider the value of road anad equip- ment, cost of construction, amount expended for improvements, and probable earning capacity of such road. 1104. 58. (15e) Free or special rates. 1105. 59. Commissioners and their clerks to have free transportation while on offi- cial duty. 1105. 60. (3) Commission may change or revise rates of freight, passenger, express, telephone, telegraph company from time to time. 1106. 61. (15c) Carrier to charge no more for short haul than for long haul, except in special cases by permission of commission. 1107. 62. All contracts or traffic agreements between carriers shall be submitted to the commission, and may be changed, abrogated or annulled by commission. 1108. 63. (13c) Complaints affecting interstate shipments to be investigated by com- mission and may be reported to interstate commerce commission. 1110. 64. Attorney general to represent commission before Interstate commerce commission. 1110. 65.(3) Rates fixed by commission prima facie, just and reasonable. 1112. 66. (13b)Commission to make annual report to governor. 1117. 67. (24) Commission to have necessary office expenses not to exceed $2,600 per year. 1118. 68. "The members of the Corporation Commission shall constitute a board of State Tax Commissioners' " with the powers and duties prescribed by law. 1119. 69. Trains to be run at regular times to be fixed by public notice. .2611. 70. Passenger cars must be placed at back end of train. 2612. 71. 'Separate coaches provided for races. 2621. SYNOPSES OF COMMISSION LAWS. i^g NORTH DAKOTA. (References are to civil code unless otherwise indicated.) 1. As to employes on railroad, fellow servant doctrine abolished. Ch. 131, 'O'.i. 2. Contract limiting liability of railroad for injuries to servant void. 3. (15c) Railroads shall not charge more for short than for long haul. Ch. 194, '03. 4. (3) Railroads shall establish joint rates and provide adequate facilities for transfer of freight and passengers a-t connecting points. Ch. 194, '03. 5. Live stock to be transported at an average rate of not less than 20 miles per hour. Ch. 144, '03. 6. Railroad must permit grain to be loaded at side track or warehouse with- out discrimination. Ch. 145, '03. 7. Maximum rates for hauling of coal. Ch. 146, '03. S. Railroad must build station house and keep, agent at points where freight receipts amount to $15,000 or more annually. Ch. 147, '03. 9. Trains must stop before crossing another road at grade. Ch. 148, '03. 10. Trains must stop before crossing draw bridge. Ch. 148, '03. 11. When flagman is kept at crossing or block and safety device approved by commission is used, trains need not stop for crossing. Ch. 14S, '03. 12. Commission failing to approve of signal, device proposed, roads may ap- peal to courts. Ch. 148. '03. 13. Passenger trains to stop at county seats. Ch. 130, '01. 14. (3) Railroads to maintain connection where respective roads connect, cross or intersect. Ch. 195, '01. 15. Trains must stop at approach of drawbridge, or crossing of another road at grade. 2977. 16. Railroads must maintain depot and agent where freight receipts amount to $40,000 annually. 2985. 17. Railroads shall maintain good and sufttcient crossings at highways. 3000. IS. (1) Three Railroad Commissioners to be elected, sec. 82. 19. (2) Commission shall be known as "Board of Railroad Commissioners of the State of North Dakota." 3003. 20. (la) Commissioner not to be pecuniarily interested in any railroad or transportation company, or any public warehouse or elevator. 3004. 21. (Ic) Commissionei- to give $10,000 bond. 3005. 22. (Id) Salary of commissioner to be $1,200. 3006. 23. (2) Office of commission to be at State capitol. 3006. 24. (2) Commission to appoint secretary, salary $1,000. 3006. 25. (2) Commissioners, secretary and employes to have free transportation while on duty. 3007. 26. (3) Commission to have general supervision over railroads or bridge and ferry corporations used by railroads, and shall enforce all laws relating to com- mon carriers. 3008. 27. Attorney General and State's Attorney in each county, to be attorneys for board. .3009. 28. (22) Provisions of this chapter to apply to transportation of passengers or property, and to receiving, delivering and storing and handling of the same. 3011. 29. (20) "Railroad " and "Railroad corporation" defined. 3012. 30. (23) Rights under this act to be cumulative. 3013. 31. Railroads to furnish cars within reasonable time without discrimination. 3014. 32. (3) All rates and charges by raili-oad shall be reasonable. 3015. 33. (17) Railroad guilty of extortion or unju.'-t discrimination liable for treble damages to person injured. 3016. .34. (6) On petition of officers of municipality complaining of any unjust rates, discrimination, or inadequate facilities, commission to order railroad to comply with petition or show cause wh>- not. 3017. 150 SYNOPSES OF COMMISSION LAWS. 35. (3) Railroads to furnish ample facilities at connecting points for receiv- ing and delivering passengers and property from and to connecting roads, with- out discrimination. 301S. 36. Railroads shall permit private tracks from warehouse, elevators or fac- tory, regardless of size, to connect with side tracks. 3019. 9. 95. J'enalty for road guilty of extortion or unjust (iiscrimination. 3060. 96. Permission to institute botli civil and crimincii prosecutions to collect forfeiture and fine. 3061. 97. (loe) Special rates or free transportation. 3062. 98. Carrier shall not limit its common law liability. 3063. 99. (13) Common carrier to file annual reports with commission. 30C.'). 100. Railroad to i)ermit loading of grain from warehouses or side track with- out discrimination. :!0(;s. 152 SYNOPSES OF COMMISSION LAWS. OHIO. (References are to Railroad Commission Act of 1906.) 1. (1) Number of commissioners three, appointive, term of office 6 years, va- cancies filled by appointment. 1. 2. (la) Qualifications, knowledge of railroad law and transportation, not more than tw-Q of same political party, la. 3. (1) Removals, by governor for inefficiency, neglect, or malfeasance, lb. 4. (la) Qualifications, not to be pecuniarily interested in any railroad. Ic. 5. (la) Shall hold no other office, but shall devote entire time to duties. Id. 6. (Ic.) Oath, in addition to constitutional oath, shall swear not interested in any railroad, nor holds any political position, le. 7. (Id) Salary, annual $5,000. Ij. 8. (2) Shall meet at capitol and organize. Ig. • 9. (2) May appoint secretary; salary not more than $2,500 per annum; may appoint not more than three clerks; clerk's salary not to exceed $1,000; stenog- rapher's salary not to exceed $1,200; may appoint inspectors of freiglit. In- spectors to determine if classification and ratings are in conformity with law; commissioners shall fix their compensation. Ih. 10. (2) Secretary shall take oath; shall keep full and correct minutes and perform other duties. Eligibility same as commissioners, li. 11. (2) Name and seal. Ij. 12. (2) Office at capitol. Expenses paid as other expenses; may hold sessions at other places; commissioners and employes to receive expenses. Ik. 13. (2) Shall have power to make all needful rules. 11. 14. May correspond with commissioners of other states, and with interstate commerce commission on railroad matters. Im. 15. (22) "Railroad" defined. Embraces and includes express companies. 2. 16. (3) Duties of railroads; shall furnish reasonably adequate facilities, changes shall be reasonable and just, unjust charges unlawful. 3. 17. (10) Schedule of rates. Shall file with commission; shall file classification of freight schedules; shall contain the rules and regulations that affect rates. Charges for delay in loading or unloading cars and other charges; two copies of schedules shall be kept on file in depots, etc., for use of public; con- necting lines with joint rates shall file schedule of such rates. 4. 18. No change in scliedules shall be made except on 10 days' notice to com- mission. 4a. 19. (15) Unlawful for railroads to charge greater or less compensation than that specified in schedules. 4c. 20. (13) Schedule shall as far as practicable conform to the forms of the interstate commerce commission. 4d. 21. (3) Joint rates of connecting lines shall be just and reasonable. 5. 22. Special contract rates not prohibited, fi. 23. (3) Classification of freight shall be unifrnm. 7. 24. (15e) Free or reduced rates. 8. 25.(15f) May furnish free transportation to live stock attendants but no dis- crimination between shippers. ?a. 26. (3) It shall be the duty of every railroad to maintain aderiuate depots, buildings, side tracks, switches, etc. 9. 27. Shall furnish cars upon reasonable notice to all persons without discrim- ination; in cases of insufficiency in numbers of cars they shall be distributed among the applicants in proportion to their refiuiremtns; preference given to shipments of live stock or perishable property. 10. 28. Commission has power to enforce reasonable regulations as to furnishing cars, etc. 10a. 29. (3) All roads shall afford proper facilities for the interchange of traffic between their lines. 11. ?0. The commission shall have control over private tracks where the same are used by common carriers. 11a. SYNOPSES OF COMMISSION LAWS. ;j53 31. Upon complaint of unreasonable charges, or inadequate service com- mission to investigate and fix reasonable rates. 12. 32. (6) Commission may order separate hearings, direct damage to complainant not necessary. 12a. 33. (3) Commission may withhold complaint, investigate upon its own motion. 12b. 34. A railroad may make complaint same as individual. 12c. 35. (6b) Each commissioner has power to administer oaths, compel attendi- ance of witnesses, etc. Courts to compel obedience to orders of commissioners. 13. 36. (14) Witnesses to receive fees and mileage upon api:)roval of commis- sioners. 13a. 37. (14) May cause depositions to be taken in the manner prescribed by law. ISb. 38. Commission shall keep full and complete record of all proceedings. Tes- timony to be taken by stenographer. A copy shall be furnished on demand to any party to the investigation free. Other persons to pay reasonable amount there- for. 13c. 39. (3a) Commission may rescind or alter any of its orders upon application of interested person, and a hearing. 14a. 40. (3) All rates, etc., fixed by commission are prima facie lawful: all regula- tions fixed by commission are prima facie reasonable. 15. 41. (9) Any dissatisfied party in interest may commence action in court to va- cate or set aside orders of commission; such action have precedence over civil actions. 16. 42. (7) No injunction shall issue staying order of commission, unless on appli- cation to the court; and notice to the commission ha\'ing been given and hear- ing had. 16a. 43. If evidence introduced by plaintiff is found to be different than that in- troduced before commission, proceedings to be stayed; commission notified, who may alter or rescind order. 16b. 44. If order is rescinded action to be dismissed, if not .iudgment shall be rendered upon original order. 16c. 45. (3) Appeal to higher court may be taken )iy either party a.s in civil actions. 16d. 46. (8) Burden of proof upon plaintiff to show order of commission unreason- able. 16e. 47. (9) Judicial proceedings arising under this act to be same as in civil actions. 17. 48. (14) Witness not to be excused on ground that evidence would incriminate but no prosecutions shall follow except for per.iury in so testifying. 17a. 49. (3) Certified copies of orders of commission shall l-e prima facie evidence in judicial proceedings. 17b. r,0. (3) Commission to have autliority to inciuire into and obtain necessary in- formation as to management of railroads. 18. (Act of Apr. 2. 1906.) .51. (3) Commission shall inquire into management and affairs of .railroads. IS. 52. (13) Commission shall prepare suitable blanks for reports of railroads. ISa. 53. (13a) Information to be given under oath on blanks furnished by com- mission; perjury for giving false information. ISa. 54. (11) Commission may examine books and papers of railroad or any officer or employe under oath on any matter under investigation. 18b. 55. (6b) Subpoenas, duces tecum may be issued by commission to an.v rail- road. 18c. 56. Copies of contracts with depot, terminal or other companies or roads or with shippers to be furnished commission. 19. 57. A verified list of passes to be filed annually or oftener. 19a. 58. (13) Railroads to file with commission complete annual report. 20. 59. (13c) Rates on interstate traffic to be investigated by commission and commission may petition interstate commerce commission. 21. 154, SYNOPSES OF COMMISSION LAWS. 60. (13c) Commission may ask interstate commerce commission to adjust in- terstate rates. 21. 61. Roads shall tile interstate rates with commission. 21. G2. (15) I'njust discrimination defined. 22. 63. To shipper furishing part of facilities unlawful to give preference. 22a. 64. (15a) No preference or discriminations in any manner given. 23. 65. (15) Patron of road accepting rebate, concessions or preferences guilty of misdemeanor. 24. 66. (17) Railroad liable ia treble damages to person injured by violation ot this act. 25. 67. (38) Officer, agent or employe refusing to comply with or violating provis- ions of this act guilty of misdemeanor. 26. 68. Penalty for violation of act or order commission when no other pen- alty is fixed shall not exceed ten thousand dollars. 27. 69. The act or omission of any officer, agent or employe sliall be deemed act of road. 27. 70. Necessary powers not specifically mentioned given to commission. 2s. 71. (28) Accidents resulting in loss of life to be reported to commission im- mediately. 29. 72. (28) Commission may investigate accidents resulting in loss of life. 29. 73. Attorney general and prosecuting attorneys to assist commission. 3h. 74. Claims for losses or damage to property or for overcharges not paid with- in 90 days may be investigated by commission. 31. 75. A substantial compliance with act by commission sufficient. 32. 76. (23) Penalties and forfeitures under this Act cumulative. 33. 77. (5) Commission may enforce obedience to act or orders by mandamus. 34. 78. Office of commissioner of railroads and telegraphs abolished. 36. 79. (26) The voidness of any part of Act not to affect other parts. 37. OKLAHOMA. (References are to Article 12, Constitution recently adopted.) 1. (22) Railroad, oil tank, car, express, telephone and telegraph companies are common carriers. 2. 2. (15b) Railroad car and express companies must receive and transmit each others cars and freight without discrimination. 3. 3. Oil pipe lines under control of commission. 4. 4. Oil pipe lines to receive and transport each others tonnage. 4. 5. Telephone and telegraph lines receive and transmit each others messages, and commission may require physical connection between lines. 5. 6. Railroads are public highways. 6. 7. (13) Public service corporation must report annually to commission, and oftener if required. 6. 8. Railroad not to transport commodity manufactured, mined or produced by it, except for its own use. 12. 9. (15e) Free transportation may be given to the officers, and employes and families of its or other roads, persons engaged in religious or charitable work, persons in railway mail service, linemen of telegraph and telephone companies, etc., 13. 10. Person using free transportation except as herein permitted, guilty of crime. 13. 11. Railroad not to run within 4 miles of county seat without passing through the same, unless natural obstacles prevent. 14. 12. (1) Corporation commission created, to consist of three persons; elected; term 6 years. 15. 13. (la) Commissioner not to be interested in any transportation comj^any. 16. 14. (la) Commissioner not to hold any other oflice, nor to engage in any lousi- ness inconsistent witli duties of commissioner. 16. 15. (3) Commission to have' power and authority of supervising, regulating SYNOPSES OF COMMISSION LAWS. I55 and controlling' all transportation and transmission companies doing business in the state. 18. 16. (3) Commission to make rules, regulations and rates for all common car- riers. 18. 17. Rates and regulations used by carrier other than those i)rescribed by com- mission unlawful. 18. 18. (3) Commission to make rates, rules and regulations finly after notice and hearing. 18. 19. (2) Commission may appoint a secretary. ISa. 20. Commission to have power of court of record to issue subpoenas, ad- minister oaths, and to punish for contempt. 19. 21. Commission to have full power of court, to hear and determine any vio- lation of its orders, and to assess fines and other penalties for such violation. 19. 22. Commission may fix the value of corporate property for assessment. 19. 23. (3) Appeals may be had from orders of the commission. 20. 24. (3) Appeals from commission to the supreme court only. 20. 25. (6c) No appeal to stay order of commission unless a bond supersedeas is filed. 21. 26. (3) Supreme court must either affirm or modify order, and in modifying must establish proper regulation or rate. 23. 27. In addition to fines and penalties imposed by comTiiission person injured to have action in damages. 24. 28. In personal action against carrier the reasonableness or validity of any rate or regulation prescribed by the commission not to be questioned. 24. 29. (13b) Commission shall make annual reports to governor. ' 25. 30. (3) Railroad must maintain adequate and comfortable buildings at sta- tions. 26. 31. Roads crossing at grade mu.st be protected by interloc-king safety de- vices. 27. 32. (11) Commissioners or person employed thereby, have right to inspect books and papers of common carrier and examine under oath, officers, agents and employes thereof. 28. S3. (12) Commission to determine cost of, financial condition and value of road. 29. 34. (2) Commission may employ experts to assist in determining value of road. 29. 35. (1.5c) Carrier not to charge more for short than long haul, except by permission of commission. 30. 36. (13c) Commission to investigate interstate rates, and may report same to interstate commerce commission. 33. 37. Commission may require railroads to conect with i)rivate tracks. 33. 38. Fellow servant doctrine as to railroads, street railroads, interurban rail- roads and lines, abolished. 36. 39. (116) Passenger rates not to exceed two cents per mile. 37. OREGON. (References are to Railroad Commission Act of 1907.) 1. (1) Three commissioners; new board to be appointed by governor, sec- retary of state and state treasurer: bi-iiartisan; successors to be elected; term OT" office four years; vacancies to br lilled by governor, secretarj' of state and state treasurer. 1. 2. (lb) Governor, secretary of stale and state treasurer to have absolute power of removal. 2 and 3. 3. (la) Commissioners and secretary prohiliited from holding any other office or position, or serving on any political committee. 2. 4. (Ic) Constitutional oath; bond by commissioners in sum of $10,000. 2. 5. (2) Secretary of commission salary $2,000; expert stenographer salary $1,200; such additional expert help as necessary compensation lixed by commission. Secretary to take oath and have same (|nalili< ations as commissioners. 5 and 6. 156 SYNOPSES OF COMMISSION LAWS. 6. (2) Commission to have office at state capital. Traveling expenses of com- missioners and employes to be paid by state. 8. 7. (6a) All hearings to be public. 9. S. (21) Definition of term railroad, etc. Commission to have authority over railroad, express, union depot, terminal and express companies, common carriers within the state covering both rail and water route. 11. 9. (3) Railroad service and charges must be reasonable and just. 12. 10. (10) All tariffs to be plainly printed and filed with commission, and kept on file for public inspection in every station where agent is maintained. 13. 11. (15) Discrimination of charges prohibited. 1<;. 12. (4) Joint rates must be reasonable. IS. 13. (15e) Free transportation. 21. 14. (32) Railroads must maintain adequate depot buildings, etc., and equipment of all kinds. 22. 15. Station houses at crossings maintained at joint expense; connecting tracks; penalty. 23 and 24. 16. (15) No discrimination in service except for live stock and perishable property; demurrage and reciprocal demurrage regulations. 26. 17. (3) Regulations governing demurrage and reciprocal demurrage. 26. 18. (6a) Definition and rule governing demurrage, reciprocal demurrage. 26. 19. (15b) Interchange of traffic. 27. 20. (6) Piling of complaints and investigation. Investigation on motion of commission. Power to order changes. 28. 21. (3) Commission may make inquiry on its own motion. 28. 22. (6) Commission has power to administer oaths, compel attendance of wit- nesses and production of book? and papers; proceedings on refusal to comply with order or subpoena; witness fees; deposition; record of testimony taken. 29. 23. (3) General grant of authority to fix rates, charges, transportation, joint rates and general railroad service. May apportion joint rates. 30. 24. (8) Orders and rates made by commission are prima facie reasonable. 31. 25. (3) Appeal to court from order of commission of rates, transportation, etc. ; burden of proof on railroads. 32. 26. (3a) Commission may rescind or modify order to comply with court de- cree. 34. 27. (3) Appeal to supreme court within sixty days when case to be given precedence. 35. 28. (14) No incrimination by witness except for perjury. 37. 29. (20) Certified copies of orders under seal prima facie evidence. 28. 30. (13c) Authority to inquire into railroad management and records. £9. 31. (13) Blanks to be furnished by commission and annual report to be made by railroads. 40. 32. (13f) Commission to have access to railroad books and records. 41. 33. (13f) Books and papers must be produced on order of commission. 42. 34. (13) Commission may prescribe uniform system of accounting. 43. 35. (13f) Railroads must furnish copies of all contracts to commission. 44. 36. List of free and reduced tickets to be furnished commission annually. 45. 37. (13c) Annual report to governor before December 15th. 46. 38. (12) Commission to ascertain amount of money expended in construction and equipment of railroads. 46. 39. (13c) Commission to investigate complaints on interstate rates. 47. 40. (16) Discrimination and rebate forbidden. 48. 41. (15) No unreasonable preference or ad\antage in rates. Unlawful to accept rebate. 49 and 50. 42. (17) Treble damages to injured persons; attorney's fees. 51. 43. (13a) Penalty for refusal of officers or agents to fill out blanks or furnish information. 52. 44. (17) Penalty for refusal by railroads to obey law or for violations. 53. 45. (3) Power of commission to regulate charges after hearing. 55. 46. (37) Accidents to be reported; investigation by commission. .56. 47. (21) Commission to enforce all railroad laws and report violations to the attorney general. 57. SYNOPSES OF COMMISSION LAWS. 157 48. (23) Penalties cumulative and rights of action not waived. 60. 49. (24) Appropriation $35.0(iO. ti.'i. 50. (39) For emergency. 64. 51. Authority to confer with other commissions and with interstate com- merce commission. 10. 52. Changes in tariff schedule only on notice to commission. 14. 53. Joint rate schedule; must be posted. 15. 54. Commission may prescribe changes in form of schedules. 17. 55. Commodity and special contract rate permitted if open to public. 19. 56. Station houses at crossings maintained at joint expense. 23. 57. Commission to regulate railway crossings. 25. 58. Injunction not to issue against commission orders except on application, notice and hearing. 33. 59. Emergency rates permitted on order of commission. 54. 60. Commission authorized to investigate claims against railroads. 58. 61. Technical irregularity not to invalidate action of commission. 59. 62. Common law to govern liabilities of railroads where statute is silent. 61. PENNSYLVANIA. (References are to Railroad Commission Act of 1907.) 1. (1 & 30) Three commissioners appointed by governor, conlirmed by senate. One commissioner to be a lawyer. Term of otiice five years. Governor to desig- nate chairman and fill vacancies. 1. 2. (2) Secretary, attorney and marshal, appointed by commission subject to approval by governor. Secretary to be chief executive officer, to have power to administer oaths and may designate clerk to act as assistant secretary. Attorney shall attend hearings and assist attorney general. Marshal shall attend hearings and serve papers and perform such other duties as directed by commission. Com- mission may make temporary appointment of accountant, civil engineer as in- spector, expert in electrical affairs and such additional clerical force, engineers, accountants and experts as necessary in conducting investigations. 2 and 3. 3. (Ic) Constitutional oath and shall not perform any professional services for or against common carrier. Office at state capitol. To have official seal. Supplies and furniture on requisition: Majority may transact business, may make or amend rules. Any commissioner authorized to hold investigation or examination. 4 and 5. 4. (22) Definition of term "Common Carrier." 6. 5. (3) General powers of commission. Complaint against carriers and author- inty of commission to institute inquiries and conduct hearings. Reasonable charges for services rendered carrier. Grade crossing; form of tariffs. 7, 8, f^ and 14. 6. (11) Right of commissioners or person designated by them to examine rail- road books, records, offices, etc.; to subpoena witnesses and demand production of books; witnesses exempt from punishment for testimony except as to perjury. Commission may hold hearings for or against any proposed railroad legislation. 10 and 11. 7. (13) May require annual reports from railroads. 12. 8. (28) Commission to investigate accidents involving loss of life or injury to persons; accident to bo reported by carrier; right of commission to oxamiiic witnesses, books, etc. 13.^ 9. (21) Attorney general to be called on to enforce provisions of law. 15. 10. (3) Orders effective in thirty days. 16. 11. (3) Commission authorized to hold hearings regarding tariffs, train service, station houses, terminal facilities, etc. 17. 12.. (13) Common carrier shall furnish commission all information regarding rates, contracts, lesases., etc. 19. . 13, (6) Witnesses $2.00 per day. 20. 14. (20. Fees for copies of papers and records. 20. 15. (13b) Annual report to governor. 21. 158 SYNOPSES OF COMMISSION LAWS. 16. (Id) Salary commissioners $8,000. 23. 17. (2) Salary of secretary $4,000. 2?,. 18. Any commissioner authorized to hold investigation or examination. May hold hearings for or against any proposed railroad legislation. Grade crossings; form of carriage. Commission to notify the carriers of rulings and orders; car- rier allowed thirty days in which to comply with orders. Commission may in- vestigate railroad stock and bond issues. No act of commission to impair legal liability of carrier. 11, 14, 16, 17 and 18. RHODE ISLAND. (References are to General Laws 1S96 unless otherwise indicated.) 1. Board of charities may require carrier to keep list of any class of passen- gers brought into the state. Ch. 80, 7. 2. Carrier must comply with rules of state board of health to prevent spread of disease. Ch. 95, 14. 3. Live stock must not be kept longer than twenty-eight hours without un- loading for rest and feed. Ch. 144, 3. 4. (1) Governor to appoint railway commissioner, term three years. Ch. 187, 1. 5. (11) Commissioner may examine into railroad corporations, and for this purpose enter into any cars, offices, or depots during business hours, and to re- port to legislature compliance with requirements of this act having interest to the public. Ch. 187, 2 6. (28) Notice of all accidents resulting in loss of life or injury to persons shall be reported to commissioner, and shall b^e investigated by him. Ch. 187, 3. 7. (6bi Commissioner may issue subpoenas to witnesses, and for books and papers; may administer oaths. Ch. 187, 3. 8. Persons injured or friends of persons killed in accident may receive from commissioner without cost information obtained about such accident. Ch. 187, 4. 9. (13) Railroad shall make reports on forms furnished by commissioner. Ch. 187, 5. 10. (13b) Commissioner shall make annual report to legislature. Ch. 187, 6. 11. (3) Railroads must furnish reasonable and proper facilities to accommo- date public. Ch. 187, 8. 12. Full fare passenger allowed eighty poutids of baggage free. Ch. 187, 9. 13. Locomotive must have bell thereon, and rung at railroad crossings. Ch. 187, 11. 14. Sign board at all highway crossings. Ch. 187, 12. 15. Train must be stopped before crossing another track or draw bridge. Ch. 187. 14. 16. Grade crossing with other roads must be operated according to rules es- tablished by commission. Ch. 187, 16. 17. Street railways subject to rules made by municipality approved by com- missioner. Ch. 187, 17. 18. Railroads using streets must keep portion of streets used by them in good repair. Ch. 187, 18. 19. Passenger cars must not be olaced in train between locomotive and fi eight cars. Ch. 187, 20. 20. Passenger cars must have power brakes operated by engiiieer. Ch. 187, 21. Passenger cars must have power brakes operated by engineer. Ch. 187, 22 21. Bridge f)ver railroad tracks must be at least eighteen feet above rail. Ch. 187. 24. 22. Passenger cars must have at least one pail, one ax, one iron bar. Ch. 187, 26. 23. Method of heating passenger, mail, or baggage cars must be approved by commissioner. Ch. 187, 27. 24. No station used for a year shall be abandoned except by permission of the legislature; railroads may have temporary stations certain months In the SYNOPSES OF COMMISSION LAWS. I59 year. Railroads at junction points must switch or transfer freight witliout charge. Ch. 187, 29. 25. Railroads must give common user of its tracks to other road.s on proper compensation being made. Ch. 187, 31. 26. If roads can not agree upon compensation for common use of tracks, spe- cial commission ma.y be appointed to adjust the matter. Ch. 187, 31. 27. (15b) One road shall accept articles for transportation to any place on the conecting road, and shall be liable for the safe deliver thereof. Ch. 187, 33. 28. (3) Railroad commission may revise and establish milk rates. Ch. 187, 36. 29. Railroads to keep record of receipts at each station. Ch. 187, 38. 30. Stockholders of railroad company shall have right to inspect books of company. Ch. 187, S9. 31. Railroads must have franchise from state before allowed to operate. 32. Grade of highway crossing may be changed by town with permission of railroad. 33. There shall be no grade crossings with other roads or with highway, and no highway shall cross railroad at grade without . consent of commissioner or order of court. Ch. 187, 45. 34. All stations or highway grade crossings in Providence to have gates. Ch, 187, 46. 35. Town council may require railroad to station flag men at highway cross- irgs. Ch. 187, 47. 36. Road bed of grade crossings to be not less than three-fourths of an inch below top of rail. Ch. 187, 49. 37. Frogs, switches and guard rail.s to be blocked satisfactory to commis- sioner. Ch. 187, 50. 08. Railroads shall not obstruct highways or stations with cars. Ch. 187, 51. 39. Commissioner may require electric figns at all grade crossings. Ch. 187. 52. 411. Railroad or street railway equipment may be acquired on contracts of purchase, such contracts to be recorded with secrettar>- of state. Ch. 187, 54. 41. Action for injury shall not abate on death of party injured, but shall sur- vive to relatives or personal representative of deceased; but action must be brought within two years. Ch. 233, 14. 42. (1) Governor may ayipoint deputy commissioner to perform duties of com- missioner when latter is absent from state. Ch. 679., 1. 43. (Id I Salary of commissioner $2,500, deputy commissioner $.'>00. Ch. 754, 1. 44. Railroad shall pay salary and expenses of commissioner. Ch. 754, 2. SOUTH CAROLINA. (References are to Code of 1902, unless otherwise indicated.) 1. (3) Commission may require roads to build union or other depots at junc- tion or common points and other places. Laws '07, p. 504. 2. (28) Railroad shall give immediate notice to railroad commission and to nearest physician by (|uickest means of communication if any accident on road attended by injury to person. '05, ch. lift. 3. Railroad must keep consignee fully advised of progress of shipment of stuff. '06, ch. 73. 4. Station restaurant must have separate places for races. '06, ch. 52. 5. (3) Common carriers must maintain water closets at depots, and keep same in good condition. '06, ch. 2. 6. Commission to have same powers over tclephono lines as over other com- mon carriers. '04, ch. 281. 7. Passenger allowed 200 pounds of baggage on steam railroads, carried free. •04, ch. 196. 8. Railroads must provide separate cars for races. '(M, ch. 249. 9. Mileage ticket may be used by any member of family. '04, ch. 250. 10. Railroad limited in time in shipment of freight and delivery thereof ac- cording to distance. '04, ch. 379. IQQ SYNOPSES OF COMMISSION LAWS. 11. (22) Railroads, express, canal, telegraph and telephone companies, com- mon carriers. Art. 9, sec. 3, Const. 12. Common carrier not to make contract limitting common law liability. Art. 9, sec. 3, Const. 13. (15) Discrimination by common carrier prohibited. Art. 9, sec. 5, Const. 14. (15c) Greater charge for short haul than long haul prohibited. Art. 9, sec. 5, Const. 15. Railroad commission may permit special rates at junction or competitive points or with points with water competition. Art. 9, sec. 5, Const. 16. Common carriers may connect or cross lines of another and shall receive and forward freight, passenger cars or messages of another line without dis- crimination. Art. 9, sec. 6, Const. 17. (1) Rairoad commission created, consisting of three members; elective unless changed by legislature. Art. 9, sec. 14, Const. 18. Fellow servant doctrine not applicable to railroad employes except to those working together in the same common employment. Art. 9, sec. 15, Const. 19. Doctrine of assumed risks not applicable to railroad employe except ta engineer and conductor operating under defective car or device. Art. 9, sec. 15, Const. 20. (1) Commission of three members, elected, governor to fill vacancy; sal- ary $2,100. 2063. 21. (2) Office of comniission at capitol; commission may appoint secretary at salary of $1,200. 2065. 22. (24) Office expense of commission not to exceed $500 per annum. 2065. 23. Common carriers to pay salary and all expenses of commission. 2066. 24. (2) Commissioners, secretary and other employes entitled to free transpor- tation. 2066. 25. (22) Commission has general supervision over railroads, express and tele- graph companies. 2067. 26. (21) Commission to enforce provisions of law relating to common carriers. 2067. 27. Commission may commence mandamus proceedings against road violat- ing charter or this act. 2068. 28. (35) Commission may order repairs of railroad, or additions to rolling §tock, or improvements of any depot or station. 2069. 29. (3) Commission rnay order changes in rates or fares, or in mode of operat- ing road or business. 2069. 30. (9) On refusal of railroad to comply with order of commission legal pro- ceedings may be commenced by commission to compel obedience. 2069. 31. (6) Upon complaint of officers of municipality commission after notice shall investigate and may order changes. 2070. 32. (28) Commission shall investigate accidents resulting in loss of life. 2071. 33. (11) Railroads must furnish commission with all information desired. 2072. 34. (13b) Commission shall make annual report to the legislature. 2074. 35. (13) Railroad shall make annual report to commission, upon forms pre- scribed by commission. 2075. 36. All traffic agreements between different roads must be approved by com- mission. 2076. 37. All traffic agreements not approved by commission void. 2076. 38. (6b) Commission may subpoena witnesses. 2077. 39. (6b) Commission may apply to court to compel attendance of witness, and give testimoony. 2077. 40. (13a) Railroads required to answed interrogatories prepared by commis- sion. 2079. 41. (11) Commission may examine books and records of railroad company. 2082. 42. On demand of directors or person financially interested commission shall examine books of such corporation. 2080. 43. (11) Commission may examine employes and other persons under oath and otherwise. 2082. 44. (3) Commission to have same authority as legislature, fix passenger and freight rates, joint and several. 2082. SYNOPSES OF COMMISSION LAWS. ^^61 45. (3) Road charging more than reasonable rate guilty of extortion. 2083. 46. (15) Unjust discrimination prohibited. 2084. 47. (15e) All charges shall be in proportion to distances for same class, ex- cept special rates from or to competitive points and for developing any special industry, or to the United Slates or the state. 2085-6-7. 48. (3) Commission shall make reasonable and just rates, for passengers and freight. 2092. 49. (3) Commission may establish joint rates. 2092. 50. (3) Commission may require physical connection at junction or common points. 2092. 51. C3) Commission shall make schedule rates for each road and such rates shall be deemed just and reasonable. 2(93. 52. (3) Commission may change rates fixed by it at any time. 2093. 53. (10) Railroad shall post schedules at stations. 2093. ■ 54. Commission may fix storage charges on freight. 2094. 55. (15) Discrimination and excessive charges prohibited. 2095. 56. (15b) Railroads shall not discriminate against conecting roads. 2097. 57. (15b) Railroads must receive freight and cars from connecting carrier des- tined for points on its line, and likewise deliver cars and freight to conecting car- ried. 2101-2-3. 58. Goods to be shipped over route designated by shipper. 2105. 59. (3) Roads must make phyisical connections of tracks at proper points, unless relieved therefrom by commission. 21C9. 60. Road last built required to pay expense of connecting tracks at junction point. 2111. 61. (21) Commission througli attorney general to institute jDroceedings in court to collect penalties under this act. 2116. 62. (9) Railroad company may be compelled by mandamus to comply with law or orders, rules or regulations of commission. 2119. * 63. Passenger trains must have one brakeman for every two cars. 2127. 64. Trains shall be equipped with such tools as commission shall direct. 212S. 65. Trains must stop when crossing another road at grade. 2131. 66. Warning by bell or whistle must be given by train approaching highway crossing. 2132. 67. Railroad company shall place signs at highway crossing. 21S3. 68. Trains must stop at all stations advertised. 2134. 69. Commission may require flagman to be stationed at crossings. 2142. 70. (3) Railroads must furnish accommodations for convenience and safetly to passengers. 2157. 71. Separate coaches to be furnished for races. 2158. 72. Commission may regulate schedule of passenger train. 21('.;{. 73. (116) Passenger fare not to exceed three cents per mile. 2165. 74. (3) Commission may require the building of depots when it shall deeem necessary. 2169. 75. Lateness of trains to be bulletined at depots. 2170. 76. Time tables must be published three days before taking effect. 2111. 77. Commission to regulate crossings of different railroads. 2179. 78. (22) Express, telegraph and telephone companies under control of rr.:!- road commission. 2220. 79. Telegraph and express companies shall pay from its gross earnings thoir pro rata of salaries and expenses of commissioners. 2221. SOUTH DAKOTA. (References are to Political Code, Code 1903, unless otherwise indicated.) 1. (12) Railroad commission to determine value of railroad property for the purpose of making rate and for the purpose of taxation. Ch. 64, 10. 2. Railroad commission to collect information on value of telegraph and tel- ephone companies' property and franchises, and t Railroads must furnish car or cars within 72 hours after request under penalty of $1. per day for car. Ch. 216 17. Railroad must move car within 24 houis after notice of loading under a penalty of $1 per daf for car. Ch. 216, 2. 18. Connecting line must move car within 24 hours after deliver.v thereof bf>' connecting line, under penalty of $1 per day per car. Ch. 216, 3. 19. (40) Railroad must move car forward at rate of 50 miles ever.v 24 hours. Ch. 216, 4. 20. -ars must be delivered to side thack or warehouse within 24 hours after arrival at destination. Ch. 216, 5. 21. (45) Shipper must load cars within 48 hours after delivery of car under penalty of $1 per«day for car. Ch. 216, 6. 22. (45) Consignee must' unload car within 48 hours after notice of arrival thereof, under penalty of $1 per day per car. Ch. 216, 7. 23. Bill of lading, the primary evidence of time of receipt of car or freight. Ch. 216, -8. 24. Legal notice as reiiuired b.\- this act to be personal or through the mail. Ch. 216, 9. 25. (41) Unavoidable delays to extend free time. Ch. 216. 10. 26. (51) Demurrage under this act not to be in lieu of actual damages. Ch. 216, 11. 27. Commission may suspend any provision of demurrage act when justice demands. Ch. 216. 13 . 28. (13) Railroads shall furnish an annual report to railway commission. Ch. 216, 14. 29. Railroads not to paralel each other closer than 8 miles without permis- sion of commission. Ch. 217. 30. Railroads killing stock because of failure to fence properly, liable for double damages. Ch. 218. 31. Railroad liable to personal representatives for death of employe. Ch. 219. 32. Fellow servant doctrine not to apply. Ch. 219. 33. Contributory negligence not to bar recovery, but comparative negligence to be considered in fixing damages. Ch. 219. 34. No contract whatever to bar recovery for personal injuries to or death of employe. Ch. 219. SYNOPSES OF COMMISSION LAWS. 163 35. Actions for personal injury to be commenced within 2 years. Ch. 219. 26. (128) Employes engaged in the movement of trains not to be kept on duty more than 16 hours in 24. Ch. 220 37. (15e) Free and reduced transpotation. Ch. 221. 38. Unlawful for person to accept free pass or privilege. Ch. 221. 39. Railroads shall make report to commission of all passes or special priv- ileges given. Ch. 221. 40. State divided into three commissioner districts. 1S6. 41. (1) Commission elected; term 6 years. 187. 42. (1) Governor to fill vacancy until next election. 188. 43. (la) Commissioner not to be pecuniarily interested in railroad, public warehouse or elevator. 189. 44. (2) Board to te known as, "Board of Railroad Commissioners of the State of South Dakota. 190. 45. (2) Board shall elect a secretary. 190. 46. (2) Office to be located by commission. 191. 47. (2) Commission to make rules and orders for procedure. 192. 48. (2)Record of acts to be kept which shall be public. 192. 49. (13b) Board to make annual report to Governor, showing a complete fi- nancial condition of all the roads in the state. 193. 50. (lc)Commissioners to give bonds in sum of $5,000. 194. 51. (Id) Salary of commissioner $1,500; secretary $1,2(X). 195. 52. (3) Commission to have general supervision of railroads operated b.v steam. 432. 53. (3) Commission to examine into the condition, equipment and management of railroads with reference to public safety and convenience. 432. 54. (35) Commission may order changes or repairs to equipment, road bed, bridge, stations, etc. 432. 55. (3) Commission may make change in the rates of fare for transporting freight and passengers. 432. 56. (11) Commission may examine books and papers of railroad and its offi- cers and employes of the road. 432. 57. (3) Railroads shall provide proper facilities and shall furnish oars and handle and transport freight without discrimination. 434. 58. Shall receive grain shipments without discrimination. 435. 59. (3) All rates to be reasonable. 436. 60. (15b) Railroad not to give preferences in shipments except to live stock, uncured meat or other perishible property. 437. 61. (15c) Not to charge more for short haul than for long haul. 43S. 62. Pooling agreements and combinations to prevent competition unlawful. 439. 63. (10) Railroads must print and post schedules of rate, fares and charges for transportation of persons and property. 440 64. (10) Railroads to file schedule rates of commission including .ioint rates. 440. 65. (15b) Shipments over different lines not to be delayed. 441. 66. Carrier violating provisions of this chapter liable to personal injui->- for actual damages. 442. 67. Party injured by violation of this chapter may make complaint to the com- mission or bring action in court. 442. 68. (38) Oflicer or agent of railroad aiding or abetting violation of this act guilty of misdemeanor. 444. 69. (6b) Commission to keej) itself informed of railroad affairs in state. 445. 70. (6b) Witness refusing to testify or to obey process of commission to be cited by court to attend and testify, and on failure to do so, guilty of contempt. 445. 71. (6) Any person, firm, association, club, society, or body politic may pe- tition commission to regulate or fix any rate or facility. 446. 72. (6) Commission to notify railroad to comply with request of petitioner or show cause why if same cannot be done. 446. 73. (3) Findings or orders of commission to be deemed prima facie just and reasonable. 447. Ig4! SYNOPSES OF COMMISSION LAWS. 74. (3) Appeals may be had from commission to circuit court. 449. 75. (9) Orders of commission ma.v be enforced by mandamus. 449. 76. (3) Commission after notice and hearing to make schedule of maximum rates and fares. 450. 77. (10) Schedule made or revised by commission to be posted in each depot by railroad. 450. 78. Notice of the time of the taking effect of schedules fixed by commission, to be published in two newspapers of the state. 450. S 79. (6) On complaint that rates fixed by railroad or by commission are toa high or discriminating, commission shall investigate and may after hearing re- duce the same. 451. 80. No formal or technical rules to apply in investigations to determine reason- ableness of rate. 452. 81. Rates on other roads and in other states may be taken into consideration by commission in fixing rate. 452. 82. (3)Rates fixed by commission prima facie, just and reasonable. 453. S3. (13) Railroad to make annual report to commission. 454. 84. (15) Railroad charging greater rate guilty of extortion. 455. 85. Commission may require otlner reports of railroads than annual reports. 456. 86. (13) Road failing to report when reciuired, subjest to penalty of $100 per day for each day's delay. 456. 87. (15c) Road not to charge more for short haul than long haul. 457. 88. (15) Unjust discrimination defined. 457. 89. (15e) Road may issue commutation, excursion or 1000 mile tickets. 457. 90. Commission may permit special rates to new industry. 458. 91. (15a) Penalty for extortion or unjust discrimination. 459 92. Penalty for railroad guilty of extortion or unjust discrimination. 460. 93. Commission to bring suits to collect tines and forfeitures, which suits shall have precedence over other proceedings. Suits not to be dismissed without consent of commission. 461. 94. (15e) Railroad may give centain free or special rates. 462 95. Commissioners, secretary and employes to have free transportation when on duty. 463. 96. Railroads may make joint rates less than combined local rates. 464. 97. (3) Railroads to make joint rates witli, and to receive and transport freight and cars of connecting road. 465. 98. (3) On failure of roads to make joint rates, or to make reasonable rates for through shipments, commission shall make. 466 99. (3) Commission to give hearing on joint rates. 467. 100. Railroads at points of connection, crossing or intersection, to have union platform, stations or depots. 468. 101. Attorney General to be advisor of commission, but commission may employ additional counsed. 470. 102. Road continuing to wilfully violate law, or orders of commission to for- feit right to do business in state. 471. 103. Attorney General to bring action to forfeit franchises of roads contin- uing to violate law, or orders of commission. 472. 104. (1) Commissioner wilfully neglecting duty to forfeit office. 473. 105. When demand for cars exceeds supply, each applicant to receive one car, rest to be prorated according to demands. 477. 106. Commission shall order passenger trains to be scheduled so as to make connections at junctions with other trains. 478. 107. Commission to have supervision and control over grading, handling, in- specting grain, and the management of public warehouses. 481. SYNOPSES OF COMMISSION LAWS. Ig5 TENNESSEE. (.References are to Chapter 10, Laws 1897, unless otherwise indicated.) 1. Unlawful for railroad company or officer or agent thereof to give to or for commissioner to accept any gift, gratuity, emolument, employment or favor. 5. 2. Railroad shall furnish passes to commissioners. 5. 3. Penalty for violation of above, $1,000 to |5,000. 5. 4. (2) Secretary to keep records of commission, minutes shall be signed by each commissioner. 6. 5. Certified copies of minutes or proceedings to be admitted in evidence with- out further proof. 6. 6. (3) Commission to supervise and fix freight and passenger tariff. 8. 7. (2) Commission to make rules and regulations for proceedings by and before it. 8. 8. (6a) Hearings of commission to be public. 8. 9. (13) Commission to prepare suitable blanks, for reports for railroads. 8. 10. (13) Railroads must fill out blanks furnished by commission. S. 11. (11) Commission to have full power to examine all books and papers of railroad company, and to examine persons under .oath touching railroad maters. 8. 12. (6b) May issue subpoenas to witnesses, and subpoena duces tecum. 9. 13. (6b) Witness refusing to obey summons or to testify guilty of misdemean- or. 9. 14. Acts of commission for assessing railroads for taxes approved. Act Feb. 4, '98. 1.5. Sec. 33 of Commission act repealed. '07, Sec. 33. 16. Railroads must give common use of tracks in passes, gorges and nar- row defiles. '99, Ch. £99. 18. (3) Railroads must maintain and keep in proper repair water closets at passenger depots, junctions or waiting rooms. '99, Ch. 211. 19. (1) Commission to consist of three persons; elected, term 6 years; gover- nor may fill vacancies. '97, Ch. 10, 1. 20. (2) Office of commission at state capitol. 2. 21. (Id) Salary of commissioner $2,000. 3. 22. (2) Commission may appoint a secretary, salary $1,500. 3. 23. (2) Traveling expenses of commission not to exceed three thousand dol- lars, and $1,000 traveling expenses of secretary. 3. 24. (la) Commissioner not to hold any other office or engage in business in. consistent with office of commissioner. 4. 25. (la) Commission shall not be financially interested in any railroad. 4. 26. (Ic) Commissioner to "give bond $20,000. 4. 27. Commissioner shall not accept or seek, give favor or gratuity to common carrier. 5. 28. (14) Witness financially interested in railroad not entitled to fees. 10. 29. Commission has power of court to punish for contempt. 10. 30. (14)Witness not excused because testimony incriminating but such testi- mony shall not be used against him in any other proceedings. 10. 31. (14) Commission may issue process and take testimony by depositions. 10. 32. Contracts or engagements of roads furnished to commission in its official capacity may be kept from public in the interest of the railroad liable to be injured by publicity. 10. 33. (13) All financial statements issued by railroad to bo furnished to com- mission. 12. 34. (13) Railroads shall make an annual sworn report to commission. 12. 35. (13a) Officer or agent of a road refusing to make report under oath to commission guilty of misdemeanor. 13. 36. (15) Special rates, rebates or favors prohibited. 15. 37. (3) Unlawful for railroad to charge more than reasonable rate. 16. 38. (15a) Undue or unreasonable preferences to any person or locality or ar- ticle, or any discrimination against same unlawful. 17 IQQ SYNOPSES OF COMMISSION LAWS. 39. (15c) Not to charge more for short haul than for long haul. IS. 40. (15d) Railroad guilty of extortion, discriminatin or favoritism liable to a fine of from $500 to $2,000. 19. 41. (9) Action to collect penalties is brought by Attorney General in name of State on relation of Commission. 20 42. (13c) Commission to investigate interstate rates, and if excessive to re- quest railroads to reduce, and on failure of roads to comply, to petition inter- state commerce commission. 21. 43. (10) Railroads to furnish .'schedule of rates to commission. 22. 44. (3) Commission shall revise rates and shall fix .just and reasonable rates. 09 45. Commission in fixing rates shall consider character and nature of ser- vice to be performed and entire business of railroad. 22. 46. (3) Commission may raise or reduce rates as justice to ijublic or roads may require. 22. 47. (10) Railroads shall post schedules of rates to all depots. 22. 48. (3) Unlawful for railroad to charge other rate than that fixed by com- mission. 22. 49. (3) Commission to give ten days' notice of hearing to change rates. 22. 50. (15d) Penalty for reduction or rebating, $10 to $500. 23. 51. (15e) Railroad may give special rates for religious, charitable or benev- olent purposes, or to immigrants or for pleasure excursions, or may give special rates to encourage any new factory or business when approved by commission. 24. 52. (38) Penalties not otherwise provided for, $25. to $100. 25 53. (9) Actions under this act to be brought in any court havig Jurisdiction of such proceedings. 26. 54. Prosecution to actions under this act to be commenced within one year. 26. 55. (21) Commission to enforce all laws relating to common carriers. 27. 56. (9) All suits between the state and any railroad shall have precedence in all courts. 27. 57. (15) Unjust discrimination defined. 28. 58. Commission to confer with other commissions, and interstate commerce commission by correspondence, convention or otherwise. 29. 59. (22) Act not to apply to street railways. 30. 60. (13b) Commission to make annual report to Governor. 31. 61. (9) Commission may compel obedience to the law or its orders by pro- ceedings in mandamus. 32. 62. (3) Orders, rates and regulations made by commission to be deemed reasonable and Just until the contrary shown. 32. 63. In fixing rates, commission shall take into consideration water competi- tion. 34. TEXAS. (References are to Reviser Statutes '95, unless otherwise indicated.) 1. (1) Three commissioners; elective, term six years. Con. Ai,t. 16, Sec. 30. 2. (1) Commission created, three members, appointive. 4561. 3. (la) Member must not have interest in railroad. 4561,1. 4. (Id) Salary $4,000. 4561. 5. 5. (2) Shall meet at Austin. 4561, 5. 6. (2) Commission may appoint secretary and two clerks. 4561, 5. 7. (2) Commission shall be known as the "Railroad Commission of Texas." 4561, 5. 8. (2) May hold sessions any place in state. 4561, 5. 9. (3) Board shall have general power to govern tariffs, correct abuses and prevent discriminations. 4562. 10. (.3) Shall classify and subdivide property that may be transported. 45G2, 1. 11. (3) Shall have power to fix rate for each subdivision. 4562, 2. 12. (3) Shall have power to make rates for express companies. 4562,4. SYNOPSES OF COMMISSION LAWS 167 13. (3) Shall establish joint rates for connecting lines. 4562, .5. 14. (4)In disputes over joint rates between connecting lines, commission shall have power to act. 4562, 6. ,15. (3) May determine procedure as to hearing (jf cumidaints as to rates, etc. 4562, 9. 16. (3) May make rates for hauling loaded or empty cars. 4562, 10. 17. May make rates for the storing or handling freight and for use of cars not unloaded after 48 hours notice to consignee. 4562, Ki. 18. Shall have power to determine passenger rates. 4562, 11. 19. (3) Clean depots and freight sheds must be kept and maintained. 4562, 12. 20. (3) Commission has entire power over procedure at all hearings and in- vestigations. 4563, 1. 21. (6b) Commissioners may compel attendance of witnesses. 4563, 2. 22. Commissioners may compel attendance of witne.sses and punish for con- tempt. 4563, 2. 23. (6b) Commissioners may'comijel attendance of witnesses and production of papers, way-bill books, accounts, etc. 4563, 2. 24. (3) Rates, charges, classifications prescribed by raalroad commission prima facie fair and just. 4564. 25. (3) Appeal may be had from decision of railroad commission to court. 4565. 26. (8) In all trials on appeal from commi.ssion the burden of proof shall rest upon the plaintiff. 4566. 27. Commission must furnish railroads with classification and schedule and railroads must publish same and display it in a conspicuous i)lace at its depots. 4567. 28. (6) Hearings of complaint may be had on live days' notice to railroad. 4568. 29. Commission shall find if violation by carrier was wilful or not. 45C8. 30. Evidence taken before commission investigations of complaint when re- duced to writing may be used by either party in any ])roceeding against such railroad involving the same subject matter. 4568. 31. (11) Commissioners may inspect books, papers, (jf railroad compan\- and examine any officer or agent under oath. 4569. 32. (11a) Railroad refusing to permit commissioners to examine books or papers are liable to fine of from $125 to $500 for each day it shall so refuse. 4569. 33. (12) Commission must find cost of equipment and construction per mile of roads. 4570. 34. Commission must ascertain outstanding bonds, debentures, etc.. of rail- roads. 4570. 35. Commissioners shall also ascertain amounts paid for salaries of officers of railroad and wages of employes. 4570. 36. (12) Commission may employ sworn experts to asceilain cost of construct- ion, etc. 4570. 37. (13) Commissioners to issue blanks with questions calculated to elicit In- formation from railroads and railroads must fill out same. 4571. 38. (13a) Officer of railroads refusing to answer questions on blanks or giving false answers liable to fine of $500. 4571, 1. 39. (13) Commission shall have power to prescribe a system of bookeeping for the railroads. 4571, l._ 40. (13b) Commission shall report annually to the Governor. 4571. 2. 41. (13c) Commission has ijower to investigate all through rates and recom- mend changes. 4571, 3. 42. (13c) Commission to investigate through rates and re;)ort to the inter- state commerce commission for relief. 4571, 4. 43. (6b) Commission shall have power to issue subpoenas. 4572. 44. (14) Witnesses appearing before commis.'^ion shall receive ?1.0it jier day and 3 cents a mile. 4572. 45. (6b) Attachment may issue against witnrsses failing (U- refusing to obey subpoenas. 4572. 168 SYNOPSES OF COMMISSION LAWS. 46. Commission may fine and imprison witness for contempt, wlien such wit- ness shall fail or refuse to answer any (luestions propounded to him. 4572. 47. (15) Giving preference or advantage to any shipper is an unjust discrimin- ation. 4574, 1. 48. (lodi Railroad refusing to obey regulations prescribed by commission shall be deemed guilty of unjust discrimination. 4574, 2. 49. (15c) Charging greater rate for short than for long liaul is unjust discrim- ination. 4574, 3. 50. (15c) Commission may in special cases authorize a greater sum for a short than a long haul. 4574, 3. 51. (15e) Railroads may in certain cases handle freight free and give passes to ministers, etc. 4574, 5. 52. Railroads are individually liable to persons whom they overcharge or discriminate against. 4575. 53. (5) Penalty for violating orders, judgments or decree of railroad com- mission $5,000. 4576. 54. Suits may be brouglit by the attorney general for violation of any of the orders of the railroad commission. 4577. 55. (31 Clasifications, rates, rules are to be furnished by the commission and are competent evidence in all trials before the commission. 4578. 56. (21) Railroad commission must prosecute all violations of law by the railroad companies and recover all over charges and penalties. 4579. 57. Connecting railroads entering into contracts for hauling or transporting passenger or freight cars must submit their agreement to the railroad commission for approval. 4579, 1. 58. (22) Term railroad. 4580. 59. (22) Coinmission has not power over street railroads nor suburban or belt lines in or near city. 4580, 1. ■ 60. Commission has power to regulate number of trains to be run each day for passenger traffic. 4580, 2. 61. Individuals have still their ordinary right of action against the railroad and so has the state. 4581. 62. Railroad commission has power to make emergency rates and they shall apply as the commission directs. Act Apr. 5, 1897. 63. (11) Penalty for refusing to exhibit books to railroad commission from $125 to $500. Penal Code '95, 1007. 64. (3) Railroad commission has power to classify and fix rates for express companies. 4582. 65. Railroad commission may sue and recover any charges made by express company in excess of charges as laid out by commission. 4583. 66. (11) Commission has power to investigate books, regulations, etc., of ex- press companies. 4584. 67. Express companies must have general office in state and railroad com- mission has power to enter office and examine all books, papers, etc. "07. ch. 18, 1. 68. Failure to keep office in state and allow railroad commission all access to books is punished by fine of $1C0 to $500. '07, ch. 18. 1. 69. (21) Railroad comimssion shall report violation of above law and attorney general shall prosecute. '97, ch. 18, 1. 70. Express companies must report all receipts and expenditures to the rail- road commission at any time the commission directs. '97, ch. 18, 2. 71. (11) Raitroad commission has power to examine all books of general office of express companies. '97, ch. 18, 2. 72. (11) Refusal to let railroad commission see books of express companies shall be sufficient ground for withdrawal of privilege of doing business in this state. '97, ch. 18, 2. 73. AVhen express company refuses access to railroad commission of books, etc., in general office the attorne.v general shall institute suit against express companies. '97, ch. 18, 2. 74. Express companies must inform railroad commission of officers and places of general office. '97, ch. 18, 3. SYNOPSES OF COMMISSION LAWS. ^gQ 75. Failure to give notice to railroad commission of officers and general of- fice, grounds for withdrawing privilege of doing business in the state from the express company. '97, ch. 18, .3. 76. No stocks or bonds of railroads can be increased without authority of railroad comimssion. 45S4b. 77. Railroad commission has power to permit the issuance of further indebted- ness and bonds after the passage of this act only to the extent of fifty per cent cf value of property. 4584b. 78. (12) Railroad commission must ascertain value of each railroad in state and report to the secretary of state. 4584c. 79. Commission must give railroads ten days notice after report is made. 4584c. 80 (12) On companies objecting to valuation of commission the commission shall have power to investigate and pass on the same. 4584c. 81. Railroads building or operating must apply to railroad commission before issuing further bonds or indebtedness. 4584f. 82. Application by roads building or operating or increasing indebtedness must show contract, how much road completed, depot grounds, terminal facilities, etc. 4584f. 83. Commission has power to authorize executions of indebtedness and lien to the extent of fifty per cent of whole value of property. 4584f. 84. Newly organized railroad companies shall issue stock according to law, filing statement of such issuance with the railroad commission. 4584 g. 85. No stock shall be issued by railroad companies without statement first having been deposited with railroad commision. 4584g. 86. At instance of railroad commission secretary of state shall certify to the correct amount of stock issued. 4584g. 87. Bonds issued by railroad company shall be presented to the railroad com- mission with full statement of amount, etc. 45S4h. 88. Railroad commission has power to see that bonds issued by railroad sat- isfy the laws of the state. 4584h 89. Railroad commission has power to approve bonds issued by railroad com- pany if according to law. 4584h. 90. Railroad bonds are not valid until registered with the secretary of state and no bonds shall be registered except under the direction of the railroad commis- sion. 45841. 91. Fraudulent procuring the railway commission to direct the secretary ot state to register bonds of a railroad company places the person who does so liable to confinement in the penitentiary from two to fifteen years. 4584i. 92. Railroad commission has power to regulate railroad crossings and inter- locking devices. '01, ch. S9. 93. (3) Railroad commission has power to compel railway companies to con- struct sidings and spur tracks. '03, ch. 68. 94. (3) Rates of terminal companies to be fixed by commission. Laws '03, ch. 109. 95. (3) Railroads must keep suitable water closets at stations for accommo- dation of passengers. Laws '05, ch. 233. 96. Doctrine of assumed risk abolished except in certain cases. Laws '05, ch. 163. VERMONT. (References are to No. ]2t>. Public Acts of 1906.) 1. (1) Three members of commission. 1. 2. (1 & 30) Commissioners to be appointed by governor, confirmed b.v senate. 2. 3. (1) Term of office six years. 3. 4. (la) Qualifications of commissioners. 4. 5. Commissioners to have free transportation on railroads. 4. 6. (2) Commissioners to appoint a clerk. 5. 7. (Ic) Oath of office to l)e taken by commissioners and chrk. 5. 8. (2) Duties and powers of clerk of board. 6. 170 SYNOPSES OF COMMISSION LAWS ii. Clerk of board to issue subpoenas and administer oaths to witnesses. 3. 10. Clerk of board to grive bond in the sum of .$1,000. 6. 1. (2) Meetings of board may be held at any time and place within the state. 7. 12. Board of commissioners shall have the powers of a court of record in matters over which it is given jurisdiction. S. 13. (2) Official seal and title of board. S. 14. (2) Forms and I'ules of practice before board shall be printed f(jr distri- bution. 9. 15. (3) Appeal may be taken from decree or judgment of the board to the su- preme court. 10. 16. (3) Appeal from commissioners to supreme court to be governed by rules governing appeals from the court of chancery. 11. 17. Rules governing security and recovery of costs in cases before com- mission. 12. 18. (3) Comimssioners to have general supervision oxer all railrrjads within the state. 13. 19. Commission to examine all railroads and e(iuii)ment in the stale annually. 13. 20. (11) Commission to have authority to examine all railroad books, records and accounts. 14. 21. (11a) Penalty for refusal of railroad officers and employes to testify re- garding books and accounts. 14. 22. (14) Fees of witnesses before commission. 15. 23. (2) Commission may employ engineers, accountant, stenographer or other experts. 15. 24. Members of commission and employes to have free transportation. 16. 25. (3) Members of commission and employes to have the right to enter rail- road offices, depots and cars. 16. 26. (13) Railroads reriuired to furnish commission with information of con- dition of road beds, bridges and enuipment. 17. 27. Commission not to give publicity to all information obtained by it regard- ing equipment of railroads. 17. 28. (13) Penalty of railroads for refusal to furnish information to com- mission. 18. 29. (37) Railroads required to furnish the commission with information about accidents. 19. 30. (28) Commission shall inquire into all railroad accidents resulting in loss of life and may inquire into all railroad accidents, coUisons or derailments of trains, 20. 31. ylS) Commission may hold public investigation of any railroad accident. 20. 32. (28) Commission shall make puDlic its findings regarding accidents investi- gated. 20. 33. (6) Any person or corporation claiming to be injured by railroad ma\" make complaint to board or to the state attorney. 21. 34. Commission to refer formal complaints made to it to the attorney general for investigation. 21. 35. (6) Commission may order formal hearing on com.plaint endorsed by at- torney general. 21. 36. (6b) Summons issued by commission shall be served like writs of sum- mons. 23. 37. (3) Authority of commission over railroad crossings, depots or stations, fences and cattle guards, tracks, equipments, connections between different roads, issues of stocks and bonds, tolls and rates, manner of operating railroads, and organization of railroad corporations, etc. 23. 38. (3) Manner of bringing proceedings before commission. 24. 39. (13) Commission may establish a uniform system of railroad accounts. 25. 40. (13b) Commission shall make biennial report to the general assembly. 26. 41. One thousand copies of commission's report to be printed for distribu- tion. 27. 171 SYNOPSES OF COMMISSION LAWS. 42. (Id) Salary of commissioner $l,2u0. 28. 43. (Id) Salary of chairman of board $1,500. 28. 44. (2) Salary of clerk of board to be fixed by commission. 28. VIRGINIA. (References are to Corporation Commission Law of 1907.) 1. (1) Commission of three persons to have authority over all corporations, trusts, associations and joint stock companies. 1. 2. (1, 22 & 30) Definition of corporation covered b.v corporation commission act. Three members of corporation commission to be appointed by governor and con- firmed by general assembly. 1. 3. (la) Qualifications of corporation commissioners. 3. 4. (2) Corporation commissioners to have office at state capitol, but may hold meetings at any place within state. 5. 5. (2) Corporation commission to have a clerk, a first assistant clerk, a bailiff, and a stenographer, to be appointed by commissioners. 7. 6. Qualifications of employes. 8. 7. (1 & 2) Con^oration commission to elect chairman and appoint employes. Commissioners appointed must qualify within thirty days. 9. 8.- (2) Duties of clerk of corporation commission. 11. 9. (20) Certified copies of records furnished on application. 11. 10. (2) Duties of first assistant clerk of corporation commission. 12. 11. (2) Duties of bailiff of commission. 13. 12. Clerk, first assistant clerk and bailiff to give bonds in the sum of not less than $.5,000. Corporation commission may require all corporations doing busi- ness in state to make report to commission. 15. 13. (3) Corporation commission to make inquiry and examination into acts and proceedings of all railroad companies and common carriers. 15. 14. (35) Corporation commission to examine all railroads and railroad equip- ment. 15. 15. Corporation commission to have authority to impose fines and penalties on transportation companies for violation of law. 16. 16. (3) Commission to have authority to order repairs on railroads, equip- ment, station houses, wharves or landings. 20. 17. (3) Corporation commission to have authorit.v to prescribe mode of operat- ing transportation lines, conducting transportation business. 20. 18. Corporation commission may impose penalties for refusal to make re- pairs on ten days' notice after hearing. 20. 19. (3) Corporation commission may order repairs on railroads on complain of mayor or council or supervisor. 21. 20. Corporation commission may impose fines or penalties for refusal of rail- roads to make repairs within sixty days after notification. 21. 21. (6) Complaints before corporation commission may bv on its own motion or instituted by the commonwealth. 22. 22. Common law and statute laws to govern rules of evidence. 23. 23. (2) Corporation commission shall make rules of order and procedure and shall furnish the .same on application. 25. WISCONSIN. (References to Railroad Commission I>aw.) 1. (1 & 30) Three commisisoners appointed by governor and confirmed by sen- ate. Appointment not effective until confirmed; term of office six years; vacan- cies to be filled by appointment by governor. 1. 2. (la) Qualifications. One member of board to have general knowledge of railroad law. Other members to have general knowledge of transportation mat- ters, la. 3. (1) Commissioners may be removed by governor after hearing, lb. j>^Q SYNOPSES OF COMMISSION LAWIS. 4. Ua) Commissioners not to be interested in any railroad, lb. 5. (la) Neither commissioner nor secretary to hold any other office or position of profit or serve on any political committee. Id. 6. (Id) Salary of commissioners $5,000. If. 7. (1) Chairman to be elected by board. Ig. S. (2) Board may appoint secretary at $2, .500 per annum; three clerks at $1,000 per annum; one expert stenographer at $1,500 per annum and sucli other experts a.s necessary. Ih. 9. Qualifications of secretary same as commissioners, li. 10. (2) Official title and seal. Ij. 11. (2) Commissioners to have office at state capital. Ik. 12. (2a) Proceedings of commission may he held at any place witliin the state. Ik. 13. (2) Commissioners and employes to have actual traveling expenses paid. Ik. 14. (2) Commission may adopt rules and regulations. 11. 15. Commission may confer with other state commissions or with interstate commerce commission. Im. 16. (22) Term railroad defined. 2. 17. (3) Commission to have authority over all railroads and express com- panies and common carriers. 2a. 18. (22) Act does not apply to electric street railroads. 2b. 19. (3) Railroads required to furnish reasonably adequate service and facili- ties. 3. 20. Railroads shall be required to keep time schedules filed witli commission. 4. 21. Time schedules to be kept on file at all railroad stations. 4. 22. Joint time schedules to be filed with commission. 4. 23. Railroads must give ten days' notice to commission of changes in time schedules. 4a. 24. Notice of changes in time schedules must be posted at railroad stations. 4b. 25. (3) Railroads prohibited from charging more or less than charge named in schedules. 4c. 26. Commission may prescribe form for tariff schedules. 4d. 27. (3) Joint rates shall be just and reasonable. 5. 28. Comomdity and special contract rate permitted if open to public. 6. 29. (3) Uniform classification required on all railroads. 7. 30. (15e) Free and reduced transportation. 8. 31. (3) Railroads must provide and maintain adequate depots and station buildings. 9. 32. Distribution of cars. 10. 33. (29) Power of commission to enforce regulations for furnishing cars, etc. 10a. 34. (15b) Interchange of traffic. 11. 35. Commission to have control of private tracks used by common carriers. 11a. 36. (6) Complaints and investigations. 12. 37. (31) Commission may hold hearing on ten days' notice. 12. 38. (3) Commission to have authority to fix rates, joint rates, classifications, etc., after hearing. 12. 39. (6) Commission may hold separate hearings on different matters of com- plaint. 12a. 40. (3) Commission may hold hearings on its own motion. 12b. 41. Railroads may make complaints. 12c. 42. Commission may make regulations concerning grade crossings in any town of state on complaint of town officials. 12d. 43. (6b) Commission may administer oaths and compel attendance of wit- nesses and production of papers and records. 13. 44. (6b-) Circuit court to enforce orders of commission regarding witnesses. 13. 45. (14) Witnesses to be paid same fees and mileage as civil cases. 13a. SYNOPSES OF COMMISSION LAWS. I73 46. (14) Authority to take depositions. 13b. 47. Complete record of hearings and transcript of testimony. 13c. 48. Transcript of testimony to be tiled with clerk of the court in case of appeal. 13c. 49. (2) Railroad commission to have authority to Hx reasonable rates, fares, charges, classifications and joint rates. 14. 50. (3) Orders of commission to be effective twenty days after service. 14. 51. (3a) Commission to have authority to alter or amend order fixing rates and transportation. 14a. 52. (4) Commission to have authority to apportion joint rates. 14b. 53. (3) Commission to have authority to fix and establish joint rates. 14c. 54. (3) All rates, charges and classification fixed by commission shall be prima facie lawful. 15. 55. (3) Appeal to circuit court from orders of commission. 16. 56. (9) Appeal from orders of commission to have precedence in circuit court. 16. 57. (9) No injunction against commission except after notice and hearing. 16a. 58. (3a) Commission may modify or amend order pending decision of court on aiipeal. 16b. 59. (3) Appeal to supreme court .within sixty days. 16c. 60. (8) Burden of proof on plaintiff on appeal. 16e. 61. (9) Proceedings in court same as in civil action. 17. 62. Compensation for serving papers. 17. 63. (14) Immunity of witnesses except on perjury charge. 17a. 64. (20) Commission to furnish certified copies of orders on application. 17b. 65. (3) Commission to have authority to inquire into all railroad business. IS. 66. (13) Commission to furnish blanks for annual reports by railroads. ISa. 67. (13) Railroads must fill out and verify blanks for commission. 18a. 68. (11) Commissioners and employes to have right to inspect railroad books and records. 18b. 69. (11) Commission may re(iuirc railroads to furnish books and papers and accounts. 18c. 70. (13) Commission to prescribe uniform system of railroad accounts. ISd. 71. Commission may require railroads to furnish copies of all contracts. 19. 72. Railroads to furnish commission witli lists of free and reduced transporta- tion annually. 19a. 73. (12) Commission to ascertain cost and value of construction and eciuipment of all railroads in state. 20. 74. Commission to ascertain amount of railroads' outstanding bonds, indebted- ness, credit, income, salaries, wages, etc. 20. 75. (13c) Commission to ascertain interstate traffic and report complaints to interstate commerce commission. 21. 76. (15) Discrimination by railroads in rates, classification, etc., prohibited. 22. 77. Railroads must pay reasonable rental for facilities furnished for trans- porting property. 22a. 78. (15) Railroads prohibited from granting rebates. 24. 79. (13a) Railroad officers and eini)lnycs fill out and return l)lanl> Of railroad, liability for false billing, etc 16 38 AIR BRAKES: Passenger and freight cars to have 32 44 ANNUAL REPORTS: To be made to commission by companies 13 32 To be made to governor by commission 13b 34 APPEALS: To supreme court from superior court 3 17 Bonds must be furnished by carriers on 3 1'j From orders of commission to superior court 3 l(j Carriers must furnish bonds on ". 3 16 From order of commission by complainant 6c 23 Must be taken within twenty days 6c 23 Shall be heard by superior judge without jury 6c 23 Orders of commission provisional pending 7 24 Burden of proof to be on railroad company on 8 23 Commission cases have precedence in courts 9 26 By railroads, on valuations by commission 12 28 APPLIANCES, INSPECTOR OF SAFETY: To be appointed by the railroad commission 33 45 Duties and authority of regarding equipment 34 45 APPROPRIATION: For carrying out provisions law of 1905 24 42 ATTENDANT, LIVE STOCK: Free transportation may be issued foi- 15 3S ATTORNEY GENERAL: Actions to enforce orders of cf)mmissi()n by 9 25 Suits to recover penalties brought by 19 39 Commission to report violations to 21 40 AUTOMATIC COUPLERS: Must be provided on all cars used 32 44 B BILLING, FALSE: Liability of railroad offic<-rs or agt'iits for 16 38 BI,ANKS: For railroad reports to be furnished by commission 13 32 176 INDEX TO UAILROAD COMMISSION LAW BONDS: Sec. Page To be given by the commissoners when appointed Ic 13 Must be given on appeal from order of commission 3 16 To be given by inspector of safety appliances and tracks 33 45 BOOK, CAR DISTRIBUTION: Railroad must keep for inspection of shippers.;' 29 43 Right of commission to inspect railroad 13f 35 BOOKS AND ACCOUNTS: Railroad must produce an order of commission 13f 35. BULLETINING OF TRAINS: Commission may adopt rules for G 21 BURDEN OF PROOF: To be on railroad company on appeal 8 25 C CAPITAL, STATE: Commissioners shall reside at 2 13 CAPITOL: Commission shall meet and organize at 2 13 Commission shall have an office at 2 IS' CAR DISTRIBUTING BOOK: Railroads must keep for inspection by shippei's 29 43 CARS, TRACKS AND EQUIPMENT: To be inspected by commission inspector 34 45 CHAIRMAN OF COMMISSION: To be designated by the Governor 1 12. Cl\iL ACTIONS: Rules of evidence same as in 6 19 CIVIL ENGINEER; Appointment and salary of for commission 2 13 CLASSIFICATION, RATE OR: Commission has power to fix 3 16 CLWRK, RATE AND STATISTICIAN: Appointment and salary of, for commission 2 13 CLERKS: Appointment and salary of, for commission 2 13 COLLISIONS AND ACCIDENTS: Must be reported monthly to commission 37 49 COMMISSION LAW: Terms used in, defined 22 41 COMMISSION, RAILROAD: How created, and membership '. 1 12 Members to be appointed by governor 1 12 Term of office of members of 1 12 Governor to designate chairman of board 1 12 Members of may le removed by governor for cause 1 12 Qualifications of members of la 12 Vacancies on board to be filled by governor lb 13 Members of board to give surety bond Ic 13' Form or oath of oflSce for members Ic 13 Salary of members of board Id 13" Members to meet at state capitol and organize 2 13 Office force to be appointed by 2 13 Rules to be prescribed for government of 2 13 Official designation of board 2 13 Official seal must be adopted by 2 13 INDEX TO RAILROAD COMMISSION LAW 177 COMMISSION, RAILROAD — Continued. Sec. Page To b« furnished with office at state capitol 2 13 Members shall reside at state capital 2 13 Traveling expenses -of members to be paid 2 13 Sessions may be held at different places , 2 13 Orders of, effective in twenty days 3 16 Orders may be appealed to superior court 3 16 May fix rates and compel proper service 3 15 Power of. regarding rates, service, equipment and operation of railroads 3 15 May institute inquiry on its own motion 3 15 Orders of, take effect in twenty days 3 16 Orders of, may be suspended by superior court 3 16 Appeal from orders of, must be taken within twenty days 3 16 Power to compel sufficient railroad service 3 . 15 May rescind or amend its orders 3a 17 May grant rehearing after six months 6b' 22 Joint rates may be apportioned by among carriers 4 IS Courts may review joint rate apportionment orders 4 18 May apply to the courts to enforce its orders 5 19 Order of, may be appealed from by complainant 6c 23 Procedure regarding complaints made to 6 19 Shall give thirty days' notice of hearings ^ 6 20 May issue process to compel attendance of witnesses 6 2U Formal complaints must be in name of 6 20 Different complaints may be joined in same hearing D 21 All grievances must be set out in complaint 6 21 May compel bulletining of trains 6a 21 May adopt rules on demurrage and reciprocal demurrage Ca 21 May prescribe rules for procedure Ca 21 Orders, tariffs, etc., by, to be conclusive 7 24 Orders to be provisional pending appeal ._ 7 24 Orders of to be enforced by superior court 9 24 May employ experts to ascertain valuations 12 2S Railroads must tile cost data with 12 28 To ascertain valuations of all railroad properties 12 28 Blanks to be prepared by for railroad reports 13 32 Form of railroad accounts to be prescribed by 13 32 To have access to all railroad records 13 32 Annual reports to be made to governor by 13b 34 Report interstate rate violations to Interstate Commerce Commission 13c 34 May require railroads to ijroduce books and papers 13f 35 May make exceptions 011 long and short haul rule 15c 37 Orders of must be obeyed by railroads IS 39 Certified copies of rates, orders, etc.. by 20 40 To make charges for copies for private usf> 20 40 All railroad laws to be enforced by 21 10 To investigate certain railroad accidents 28 43 Shall reciuire railroads to keep car inspection book 29 43 May cause tracks and equipment to be inspected 35 37 COMMISSIONERS, RAILROAD (See, also, COMMISION. RAILROAD): Qualifications of, for appointment la 12 May be removed by governor IV5 13 Bond to be given by ■Ic 13 Oath of office to be liled by Ic 13 Salary of, and how payable Id 13 Must reside at state capital - 13 May administer oaths, subpoena witnesses, etc..'. 6b 22 Right to inspect railroad books and papers 11 27 To be contirmed by Senate 30 44 17S INDEX TO R.MLROAD COMMISSION LAW COJMMISSION LAW: Sec. Page Terms used In, defined 22 41 Express companies included in provisions of 27 42 Emergency, putting into immediate effect ". 39 49 COMPENSATION AND MILEAGE: Witnesses before commission 14 35 COMPLIANCE, SUBSTANTIAL: Only requirement in enforcing this act 20 40 COMPLAINANT: May appeal from order of commission 6c 22 COMPLAINTS: May be made by any person or association 6 19 AVhat may be included in 6 20 Thirty days' notice of hearing must be given on 6 20 Must be in name of commission for formal hearing 6 20 Several may be joined in one hearing 6 20 All grievances must be set out in 6 21 CONCLL'SIVE: Orders, tariffs, etc., by commission to be 7 24 CONCLUSIVE, FINAL AND: Orders of commission are, if not appealed from 3 17 CONNECTING ROADS: Must make continuous shipments of freight 15b 36 CONSTITUTIONALITY OF ACT: Other sections not to he affected by invalidity of one 26 42 CONSTRUCTION COST: Railroads must file statements of 12 2S Of all railroads in state to be ascertained 12 28 COST OF CONSTRUCTION: Of. all railroads in state iX) be ascertained 12 2S Railroads must file statement of 12 28 COUPLERS, AUTOMATIC: Must be provided on all cars used 32 44 COURTS (See, also. SUPERIOR AND SUPREME COURTS): Appeals to be heard by, without .iury 3 17 May enforce obedience to commission orders 5 19 Where actions may be brought to enforce orders 5 19 ■CUMULATIVE, PENALTIES: Suit for recovery of one not a bar to another 23 42 D DAMAGES: Railroads liable for failure to obey law 17 39 DEFECTIVE CARS: Railroad company shall not operate 31 41 DEFECTIVE STRUCTURES: Not to be used for railroad operations 31 44 DEFINITIONS: Of terms used in commission law 22 41 DEMURRAGE: Commission may compel reasonable charges 3 15 Charges by railroads to be reasonable 3 16 Commission may prescribe rules governing 6a 21 Definition of, as used in commission law 22 41 INDEX TO RAILROAD COMMISSION LAW 179 DEMURRAGE, RECIPROCAL: Sec. Page Charges by railroads to be reasonable 3 15 Commissison may compel reasonable charges 3 10 DEPOSITIONS: Of witnesses may be taken 14 35 IMSCRIMINATION, UNJUST: What shall constitute, and prohibintion of 15 36 DRAWBACKS, REBATES, ETC.: Prohibited, by railroad and express companies 15 36 EMERGENCY: E Putting commission law into immediate effect 39 49 ENGINEER, CIVIL: Appointment and salary of, for commission 2 13 EQUIPMENT, RAILROAD: Must be reasonable and sufficient '. 3 15 Commission may compel proper and sufficient 3 16 Railroads must provide proper and safe 32 44 To be inspected by commission inspector 34 45 May be inspected by order of commission 35 47 EVIDENCE,RULES OF: Before commission, same as in civil actions 6 20 EXPENSES, TRAVELING: Of commission and officers to be paid by state 2 13 EXPERTS: May be employed by commission to fix railroad valuations 12 28 EXPRESS COMPANIES: Definition of, as included in commission law 22 41 Included in provisions of commission law 27 42 EXPRESS TARIFFS: To be fair and reasonable 3 15 F FALSE BILLING, CLASSIFICATION, ETC.: Liability of railroad officers or agents for 16 38 FEES: For serving papers for commission 14 35 To be paid witnesses for testifying 14 35 For copies of papers or records to be paid into state treasury 20 40 FINAL AND CONCLUSIVE: Orders of commission, if not appealed 3 17 FINES AND PENALTIES: Must be paid into state treasury 19 39 FORM OF ACCOUNTS AND RECORDS: Commission may prescribe for companies 13 32 FREE TRANSPORTATION: May be issued by railroads in certain cases 15e 38 FREIGHT AND PASSENGER TARIFFS: Commission may compel reasonable and sufficient 3 16 Of railroad and express companies to be reasonable 3 15 IREIGHT, PERISHABLE: To have precedence in shiiiment 15b 36 FREIGHT SHIPMENTS: Must be continuous over connecting roads 15b 36 FURNITURE AND SUPPLIES: To be purchased on order of the governor 2 13 180 INDEX TO RAILROAD COMMISSION LAW G GOVERNOR: Sec. Page Railroad commissioners to be appointed by 1 12 To designate chairman of board 1 12 To designate term of first appointees 1 12 Commissioners may be removed for cause by 1 12 Vacancies on commission to be filled by lb 13 Railroad accidents to be reported to 28 43 To approve bills for furniture and supplies 2 13 H HEARING: Commission may fix rates after 3 15 Commission must give thirty da>'s' notice of 6 20 Before commission must be public 6a 21 Authorized, to fix railroad valuations 12 28 HAI'L, LONG AND SHORT: Rules and exceptions regulating charges for 15c 37 I IMMITNITY OP WITNESSES: Allowed to witnesses except for perjury 14 35 INSPECTOR, SAFETY APPLIANCES AND TRACKS: Duties and authority of regarding equipment 34 45 Railroad accidents to be investigated by 33 45 To be appointed by railroad commission 33 45 INTERSTATE RATES: Commission to investigate all: 13c 34 J JOINT RATES: Commission may apportion, among carriers 4 li L LAW, COMMISSION: Terms used in, defined 22 41 Express companies included in provisions of 27 42 Emergency putting into immediate effect 39 49 LAWS, RAILROAD: All to be enforced by commission 21 40 LIVESTOCK: To have precedence in shipment ^ liJb 36 Contract can not exempt carrier from liability 23 42 LIVESTOCK ATTENDANT: Free transportation may be issued for 15f 38 LOCOMOTIVE, DEFECTIVE: Shall not be operated by railroad company 31 44 Shall not be operated over defective structures 31 44 LONG AND SHORT HAUL: Rules and exceptions regulating charges for 15c 37 M MEETINGS: Of commission, at any place in state 2 15i MILEAGE, COMPENSATION AND: Of witnesses before commission 14 35 MONTHLY REPORTS. Of collisions and accidents to commission 37 49 INDEX TO RAILROAD COMMISSION LAW 181 O OATH OF OFFICE: Sec. Page To be filed by commissioners when appointed le 13 OFFICE, TERM OF: Of members of railroad commission 1 12 OFFICER OR AGENT: Of railroad must allow inspection of books 11a 27 Of railroad must furnish information 13a 33 Of railroads, liability for false billing, etc 16 38 Liable to penalty for violating commission law 38 49 OFFICIAL SEAL: To be adopted and used by commission 2 13 ORDERS OF COMMISSION: May be appealed from to the superior court 3 16 Take effect in twenty days, unless appealed.-. 3 16 May be rescinded or amended 3a 17 Rehearing on, after six months 3b 18 May be enforced by order of the courts 5 19 Penalty for refusal to obey 5 19 May he appealed from by party making complaint 6c 23 ORDERS OF COMMISSION: To be held conclusive in certain cases 7 24 To be provisional pending appeal 7 24 To be enforced by superior court decree 9 25 Attorney General to institute actions to enforce 9 25 Must be obeyed by railroads: 18 39 ORDERS, TARIFFS, RATES, ETC.: Commission to furnish copies on application 20 40 P PAPERS, BOOKS AND: Right of commission to inspect, railroad 11 27 PASSENGERS AND FREIGHT TARIFFS: Of railroad and express companies to be reasonable 3 15 Commission may compel reasonable and sufficient 3 16 PASSES PROHIBITED: List of persons to whom free and reduced transportation may be issued 15e 38 PENALTIES: For refusal to obey orders of the commission 5 19 Recovered by suit in name« of the state 19 39 PENALTIES CUMULATIVE: Suit for recovery of one not a bar to another 23 42 PENALTIES, FINES AND: Must be paid into state treasury 19 39 PENALTY: For refusal to till out commission blanlvs 13 32 PERISHABLE FREIGHT: To have precedence in shipment 15b 36 PROCEEDINGS, RULE FOR: Commission to have power to make 2 13 PROCESS: Shall be served as in civil cases 6 20 PROOF, BURDEN OF: To be on railroad company on appeal 8 25 182 INDEX TO RAILROAD COMMISSION LAW PROPERTIES, RAILROAD: Sec. Page Commission to find valuation of all in state 12 28 PROVISIONAL: Orders of commission to be, pending appeal 7 24 PUBLIC: All hearings before commission must be 6a 21 Q QUALIFICATIONS: Of inspector of safety appliances and tracks 33 45 QUORUM: Majority of commission shall constitute 2 13 R RAILROAD ACCIDENTS: Commission to investigate certain 28 43 RAILROAD COMMISSION (See COMMISSION, RAILROAD): RAILROAD COMPANY: Burden of proof rests with, on appeal S 25 May petition commission for modification of order 9 25 Must furnish schedules to commission 10 26 Must allow books and papers to be inspected 11 27 Penalty for refusal to allow books to be inspected 11 27 May appeal to courts on railroad valuations 12 28 Penalty for refusal to report to commission 13 32 Must produce books and accounts on order of commission 13f 35 Unjust discrimination by, prohibited 15 36 Must handle business of other roads 15b 36 Penalty for unjust discrimination by lod 37 May furnish certain free and reduced transportation loe 38 Free transportation by, for livestock attendant 15f 38 Liability of agents of, for false billing, etc 16 38 Liable for damages for failure to obey law 17 39 Liability of for refusal to obey order of commission 18 39 Shall not operate defective locomotives or cars 31 44 Must repair tracks and equipment on order of the commission 35 47 Must not run trains over condemned tracks 36 48 Must provide safe and proper equipment 32 44 Must report all collisions and accidents to commission 37 49 RAILROAD EQUIPMENT: Must be reasonable and suflScient 3 15 Commission may compel proper and sufficient 3 16 RAILROAD LAWS: All to be enforced by commission 21 40 RAILROAD OFFICERS: Liable to penalty for violating commission law 38 49 RAILROAD PROPERTIES: Commission to obtain valuation of all 12 28 RAILROAD RECORDS: Commission to prescribe form of and have access to 13 32 RAILROAD RATES: Shall be just, fair, reasonable and sufficient 3 15 Commission may compel fair and reasonable 3 16 RAILROAD, ROAD, ETC.: Terms used in commission law defined 21 40 INDEX TO RAILROAD COMMISSION LAW 183 RAILROAD SERVICE: Sec. Page Shall be just, fair, reasonable and sufficient 3 15 Commission may compel proper and sufficient 3 16 RAILROAD TARIFFS: To be fair and reasonable 3 14 Commission may compel proper and sufficient 3 16 RAILROADS, STREET: Not included in provision of commission law 22 41 RATE CLERK AND STATISTICIAN: Appointment and salary of for commission 2 13 RATE OR CLASSIFICACTION: Commission has power to fix 3 16 RATE SCHEDULES: Railroads must furnish to commission 10 26 Must be kept posted by railroads 10 26 RATES, INTERSTATE: Commission to investigate all 13c 34 RATES, JOINT: Commission may apportion, among carriers , 4 18 RATES, RAILROAD: Shall be just,' fair, reasonable and sufficient 3 15 Commission may compel fair and reasonable 3 16 RATES, TARIFFS, ORDERS, E^..: Commission to furnish copies on application 20 40 REBATES, DRAWBACKS, ETC.: Prohibited, by railroad and express companies 15 36 RECIPROCAL DEMURRAGE: Charges by railroads to be reasonable 3 15 Commission may compel to be reasonable 3 16 Commission may prescribe rules governing 6a 21 Definition of as used in commission law 22 41 RECORDS AND ACCOUNTS: Commission may prescribe form of and have access to 13 32 RECORDS, RAILROAD: Commission to prescribe form of and have access to 13 32 REDUCED TRANSPORTATION: May be issued by railroads in certain cases 15e 38 REGULATIONS, RULES AND: By commission, on train service and demurrage 6a 21 May be prescribed for commission proceedings 6a 21 REH^:ARING: May be granted on orders, after si.x montlis 3b IS Proceedings by commission on 3b IS REPORTS, ANNUAL: To be made to commission b.\- corporations 13 32 To be made to governor by commission 13b 34 REPORTS, MONTHLY: Of collisions and accidents, to commission -37 49 ROAT), RAILROAD, ETC.: Terms used in commission law defined 22 41 ROADS, CONNECTING: Must make continuous shipments of freight lob 36 RI'lES and REGULATIONS: By commission on train service and demurrage 6a 21 ' May be prescrii)ed for commission proceedings 6a 21 184 INDEX TO RAILROAD COMMISSION LAW RULES FOR PROCEEDINGS: Sec. Page Commission to ^have power to make 2 13 RULES OP BVIDEisTCE: Before commission same as in civil actions 6 20 SAFETY APPLIANCES, INSPECTOR OF: To be appointed by the railroad commission 33 45 Duties and authority of regarding equipment 34 45 SALARY: Of mmbers of the railroad commission Id 13 Of secretary and other employes of commission 2 13 SCHEDULES, TARIFFS: Railroads must furnish to commission 10 26 SEAL, OFFICIAL: To be adopted and used by commission 2 13 SECRETARY OP COMMISSION: ' "'"^ Appointment and salary of 2 13 To keep minutes of transactions and proceedings 2 13 To be paid traveling expenses, when 2 13 SECRETARY OF STATE: Oath of office of commissioners to be filed with Ic 13 SENATE: Railroad commission to be confirmed by 30 44 SERVICE, RAILROAD: Commission may compel proper and sufficient 3 16 Shall be just, fair, reasonable and sufficient 3 15 SERVICE. TRAIN: Complaints about, and manner of procedure 6 19 Commission may compel bulletining of trains 6a 21 SESSIONS OF COMMISSION: May be held at any place in the state 2a 14 SHIPPERS: Shall have access to car Inspection book 29 43 SHIPMENTS OF FREIGHT: Must be continuous over connecting roads 15b 36 SHORT AND LONG HAUL: Rules and exceptions regulating charges for 15c 37 STATE OF WASHINGTON: Actions to enforce commission orders in name of 9 25 Railroads liable to for refusal to obey commission orders IS 39 Suits for penalties in the name of 19 39 STATE TREASURER: Moneys received by commission to be paid to 20 40 STATISTIC IAN, RATE CLERK AND: Appointment and salary of, for commission 2 13 STENOGRAPHER: Appointment and salary of, for commission 2 13 STREET RAILROADS: Not included in provisions', of commission law 22 41 STRUCTURES, DEFECTIVE: Not to be used for railroad operations 31 44 Must not run trains over when condemned 36 48 INDEX TO RAILROAD COMMISSION LAW 185 SUBSTANTIAL COMPLIANCE: Sec. Page Only requirement in enforcing this act 20 40 SUPERIOR COURT: Appeal to, from order of commission 3 16 Appeal to by complainant before commission 6c 23 May compel attendance of witnesses before commission 6b 22 Jurisdiction of, to enforce orders of commission 9 25 Commission cases to be given precedence by 9 25 Appeal to, on railroad valuations 12 28 Suit to recover penalties in Thurston or certain other counties 19 39 SUPPLIES, FURNITURE AND: To be purchased on order of governor .' 2 13 SUPREME COURT: Appeal to, from superior court findings „. 3 17 Commission case precedence in, on appeal 9 25 T TARIFF SCHEDULES: Railroads must furnish to commission 10 26 TARIFFS, FREIGHT AND PASSENGER: Commission may compel proper and sufficient 3 16 Of railroad and express companies to be reasonable 3 14 TARIFFS. RAILROAD AND EXPRESS: Must be reasonable and sufficient 3 15 Commission may compel proper and sufficient 3 16 TARIFFS, RATES AND ORDERS. ETC. : Commission to furnish copies on application 20 40 TERM OF OFFICE: Of members of railroad commission , 1 12 TRACKS AND EQUIPMENT: May be inspected by order of commission 35 47 TRACKS AND STRUCTURES: Must not run trains over when condemned 36 48 TRACKS, CARS AND EQUIPMENT: To be examined by commission inspector 34 45 TRACK. INSPECCTOR OF: Railroad accidents to be in\ estigated by 28 4."! To be appointed by the railroad commission 33 45 Duties and authority of, regarding equipment 34 45 TRAIN SERVICE: Complaints about, and maner of procedure 6 19 Commission may compel bulletining of trains 6a 21 TRANSPORTATION, FREE AND REDUCED: May be issued by railroads in certain cases 15e 38 TRAVELING EXPENSES: Of commission and officers to V>e paid by state 2 13 V VACANCIES: Filled by appointment liy governor lb 13 VALUATION: On all railroad properties in state by commission 12 28 186 INDEX TO RAILROAD COMMISSION LAW W WITNESES: Sec. Page Commission may issue process to enforce attendance of 6 20 May be compelled to obey summons of commission 6b 22 Number of may be limited by commission 6b 22 Compensation and mileage of, before commission 14 35 WITNESSES, IMMUNITY OF: Allowed in testimony given except for perjury 14 35 GENERAL INDEX TO RAILROAD LAWS. A Page ALABAMA: Synopsis of railroad laws of 101 ANIMALS, CHILDREN, BIRDS: Prevention of cruelty to in transportataion 79- APPLIANCES, SAFETY: On railroad frogs, switches, etc., law of 1907 95 ARKANSAS: Synopsis of railroad laws of 106 B BAGGAGE, BICYCLES AS: Must be carried as by railroads SO BICYCLES AS BAGGAGE: Must be carried as by railroads SO BIRDS, ANIMALS, CHILDREN: Prevention of cruelty to in transportaaion 79 BLACKLISTING: Prohibition of, relating to railroad employes 81 C CALIFORNIA: Synopsis of railroad laws of.. 109 CARS, LUMBER: Standards, supports, etc., to be considered part of 97 CATTLE, HORSES AND SWINE: Health certificate required on importation of 82 COLORADO: Synopsis of railroad laws of • 110 COMMISION LAW: Table of contents of law of 1907 3 Text of law of 1907 11 Index to law of 1907 175 CONNECTICUT: Synopsis of railroad laws of 112 CONSTITUTIONAL PROVISIONS: Relating to railroad regulation l).\' the state 7 CREULTY TO CHILDREN, ANIMALS, BIRDS: Prevention of by railroads in transporting 79 D DEMURRAGE, RECIPROCAI>: Text of the law of 1907 50 188 GENERAL [NDEX TO RAILROAD LAWS E Page EMPLOYES OF RAILROADS: Limiting liours of service of 93 EMPLOYES' UNIFORM: Rule as to purchase of iirohibited 98 ENGLISH LANGUAGE: Railroad flagmen must speak and write 95 F FENCING RIGHTS OF WAY: For the protection of owners of stock injured 94 FLAGMEN: Must speak and write English language 95 • FLORIDA: Synopsis of railroad laws of 113 FREIGHT RATES: Maximum, law of 1893, chapter 1 60 Maximum, law of 1893, chapter 85 62 Maximum, law of 1897, chapter 68 64 I'ROGS, SWITCHES, ETC.: Safety appliances on, law of 1907 95 G GEORGIA: Synopsis of railroad laws of 115 H HEALTH CERTIFICATE: Required on importation of horses, cattle and swine S2 HORSES, CATTLE AND SWINE: Health certificate required on importation of 82 HOURS OF SERVICE: Limiting, for employes of railroads 93 I ILLINOIS: Synopsis of railroad laws of 116 INDIANA: Synopsis of railroad laws of 118 IOWA: Synopsis of railroad laws of 121 K KANSAS: Synopsis of railroad laws of .' •.. 124 KENTUCKY: Synopsis of railroad laws- of 127 L LOUISIANA: Synopsis of railroad laws of 127 LUMBER AND SHINGLES: Railroads must provide scales for weighing shipments 86 GEJSERAL INDEX TO RAILROAD LAWS 189 LUMBER AND SHINGLE WEIGHERS: Page To be appointed to weigh shipments beyond state 84 LUMBER CARS: Standards, supports, etc., to be considered part of 97 M MAINE: Synopsis of railroad laws of 1-8 MASSACHUSETTS: Synopsis of railroad laws of 130 MAXIMUM RATES: Of freight, law of 1893, chapter 1 60 Of freight, law of 1893, chapter 85 62 Of freight, law of 1897, chapter 68 64 Of passengers, law of 1905, chapter 113 88 MICHIGAN: Synopsis of railroad laws of ; 131 MINNESOTA: Synopsis of railroad laws of 134 MISSISSIPPI: Synopsis of railroad laws of 137 MISSOURI: Synopsis of railroad laws of 140 MONTANA: Synopsis of railroad laws of 142 N NEVADA: Reference to commission law of 19f)7 143 NEW HAMPSHIRE: Synopsis of railroad laws of 143 NEW JERSEY: Reference to commission law of 1907 144 NEW YORK: Synopsis of railroad laws of 144 NORTH CAROLINA: Synopsis of railroad laws of 146 NORTH DAKOTA: Synopsis of railroad laws of , 149 O OHIO: Synopsis of railroad laws of 152 OKLAHOMA: Synopsis of railroad laws of 154 OREGON: Synopsis of railroad laws of 155 OVERCHARGES: Refund required in excess of published tariff 96 P PASSENGER RATES: Maximum, law of 1905, chapter 113 88 PENNSYLVANIA: Synopsis of railroad laws of i 157 190 GENERAL INDEX TO RAILROAD LAWS R RATES, FREIGHT: Page Maximum, law of 1893, chapter 1 60 Maximum, law of 1893, chapter 85 62 Maximum, law of 1897, chapter 6S 64 RATES, PASSENGER: Maximum, law of 1905, chapter 113 88 RAILROAD COMMISSION LAW: Table of contents of amended law of 1907 3 Text of the law of 1907 11 RAILWAY EMPLOYES' UNIFORMS: Rule as to purchase of prohibited 98 RECIPROCAL DEMURRAGE: Text of the law of 1907 50 REFUND: Must be paid of excess amount collected 96 RHODE ISLAND: Synopsis , of railroad laws of 158 RIGHT OF WAY: Fencing of, and protecting owners of stock injured 94 S SAFETY APPLIANCES: On railroad frogs, switches, etc., law of 1907 95 SCALPING, TICKET, PROHIBITED: Law prohibiting fraudulent sale of tickets 90 SERVICE, HOURS OF: Limiting, for employes of railroads 93 SHINGLE AND LUMBER WEIGHERS: To be appointed to weigh shipments beyond state 84 SHINGLES AND LUMBER: Railroads must provide scales for weighing shipments 86 SOUTH CAROLINA: Synopsis of railroad laws of 159 SOUTH DAKOTA: Synopsis of railroad laws of 161 SWINE, HORSES AND CATTLE: Health certificate required on importation of 82 SWITCHES, FROGS, ETC.: Safety appliances on, law of 1907 95 T TENNESSEE: Synopsis of railroad laws of 165 TEXAS: Synopsis of railroad laws of 166 TICKET SCALPING: Prohibited by law preventing fraudulent sale tickets 90 U UNIFORMS OF RAILWAY EMPLOYES: Rule as to purchase of prohibited 93 GENERAL INDEX TO llAILUOAD LAWS 191 V VERMONT: Page Synopsis of railroad laws of 169 VIRGINIA: Synopsis of railroad laws of 171. W WEIGHERS, LUMBER AND SHINGLES: To be appointed, to weigh shipments beyond state 84 WEIGHTS OF SUPPORTS. ETC.: To be considered part of weight of lumber cars 97 WISCONSIN: Synopsis of railroad laws of 171 This book is DUE on the last date stamped below Form L-9-15m-ll,'27 i . i-1 :710 viington iJNIVERSI UC SOUTHERN REGIONAL LIBRARY EACILITY lllllllllllilllillMiilii In AA 001 026 600 5 ■FORNIA LIBRARY