SEC. 5. [Pooling.]-That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense. SEC. 6. [Tariff schedules.]-That every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property, which any common carrier has established and which are in force at the time upon its railroad, as defined by the first section of this act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be printed in large type, of at least the size of ordinary pica, and copies for the use of the public shall be kept in every depot or station upon any such railroad, such places and in such form that they can be conveniently inspected. No advance shall be made in the rates, fares and charges which have been established and published as aforesaid by any common carrier, in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time made in the schedule then in force, and the time when the increased rates, fares or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules then in force at the time and kept for public inspection. Reductions in such published rates, fares or charges may be made without previous public notice; but whenever any such reduction is made, notice of the same shall be publicly posted and the changes made shall immediately be made public by printing new schedules, or shall immediately be plainly indicated upon the schedule at the time in force and kept for public inspection. And when any such common carrier shall have established and published its rates, fares and charges, in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect or receive from any person or persons a greater compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force. SEC. 7. [Same-Filing with board-Joint contracts.]-That every common carrier subject to the provisions of this act shall file with the board hereinafter provided for copies of its schedules of rates, fares and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said board of all changes made in the same. Every such common carrier shall also file with said board copies of all contracts, agreements or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party; and in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares, or charges for such continuous lines or routes, copies of such joint tariff shall also, in like manner be filed with said board. Such joint rates, fares and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said board, in so far as may, in the judgment of the board, be deemed practicable, and said board shall from time to time prescribe the measure of publicity which shall be given to such rates, fares and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published; but no common carrier party to any such joint tariff shall be liable for the failure of any other common carrier, party thereto, to observe and adhere to the rates, fares or charges, thus made and published. If any such common carrier shall neglect or refuse to file or publish its schedule of rates, fares and charges, as provided in this section, or any part of the same, such common carrier shall in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any district court in the judicial district wherein the principal office of said common carriers is situated, or wherein such offense may be committed, to compel compliance with the provisions of this act, and such writ shall issue in the name of the state on the relation of the board provided for in this act, and a failure to comply with its requirements shall be punishable as and for a contempt; and the said board as complainants may also apply in any court of competent jurisdiction for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section. SEC. 8. [Continuous carriage. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract or agreement, expressed or implied, to prevent by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage or interruption made by such common carrier shall prevent the carriage of freight from being treated as one continuous carriage from the place of shipment to the place of destination unless such break, stoppage or interruption was made in good faith for some necessary purpose, and without any intent to avoid or necessarily interrupt such continuous carriage or to evade any provisions of this act. SEC. 9. [Violation of act.]-That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing, in this act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violations of the provisions of this act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. SEC. 10. [Election of remedies-Evidence.]-That any person or persons claiming to be damaged by any common carrier, subject to the provisions of this act, may either make complaint to the board as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any court of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the methods of procedure herein provided for, he or they will adopt. In any such action brought in the district court for the recovery of damages, said court may compel any director, officer, receiver, trustee or agent of the corporation or company, defendant in such suit, to attend, appear and testify in such case, and may compel the production of the books and papers of such corporation or company, party to any such suit. The claim that any such testimony or evidence may tend to criminate the person giving such evidence, shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. SEC. 11. [State board-Secretaries.]-The attorney general, secretary of state, auditor of public accounts, state treasurer, and commissioner of public lands and buildings shall constitute a board of transportation, which board shall have power by a four-fifths vote to appoint three (3) secretaries to assist in the performance of the duties of said board, and they shall each be paid a salary of two thousand ($2,000) dollars per annum. Not more than two of the secretaries shall be appointed from the same political party. The secretaries of the board shall take the oath of office prescribed for state officers, and shall enter into bonds to be approved by the governor, in the sum of ten thousand ($10,000) dollars con RAILROADS. Сн. 72 ditioned for the faithful performance of their duties. No persons in the employ of any railroad corporation, or holding stock in any railroad corporation, shall be employed as secretary. SEC. 12. [Powers.]- That the board hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers, full and complete information necessary to enable the board to perform the duties and carry out the objects for which it was created; and for the purposes of this act the board shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any of the district courts in this state, or of the supreme court, in requiring the attendance and testimony of witnesses, and the production of books, papers and documents under the provisions of this section; and any court of competent jurisdiction, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act or other person, issue an order requiring such common carrier or other person to appear before said board (and produce books and papers if ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. SEC. 13. [Complaint-Reparation-Answer.]-That any person, firm, corporation or association, or any mercantile, agricultural or manufacturing society, or any politic, or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, in contravention of the provisions thereof, may apply to said board by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the board to such common carrier who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the board. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the board to investigate the matters complained of in such manner and by such means as it shall deem proper. shall at any time be dismissed because of absence of direct damage to the comNo complaint plainant. SEC. 14. [Investigation-Report-Evidence.]-That whenever an investigation shall be made by said board, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the board are based, together with its recommendation as to what reparation, if any, could be made by the common carrier to any party or parties who may be found to have been injured; and such findings so made shall hereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the board shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. SEC. 15. [Same-Finding-Report-Reparation.]—That if in any case in which an investigation shall be made by said board it shall be made to appear to the satisfaction of the board, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act, or any law cognizable by said board by any common carrier, or that injury or damage has been sustained by the party or parties com plaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the board to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done or both, within a reasonable time, to be specified by the board; and if, within the time specified, it shall be made to appear to the board that said common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the board, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the board, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. SEC. 16. [Disobedience of order-Hearing in court-Execution —Appeal.]—That whenever any common carrier, as defined in and subject to the provisions of this act, shall violate, or refuse, or neglect to obey any lawful order or requirement of the board in this act named, it shall be the duty of the board, and lawful for any company or person interested in such order or requirement to apply in a summary way, by petition filed in the judicial district in which the common carrier complained of has its principal office, or in the district in which the violation or disobedience of such order or requirements shall happen, alleging such violation or disobedience as the case may be, and the said court shall have power to hear and determine the matter on such short notice to the common carrier complained of, as the court shall deem reasonable, and said court shall proceed to hear and determine the matter speedily as a court of equity, but in such manner as to do justice in the premises; and to this end such court shall have, if it think fit, to direct and prosecute in such mode and by such persons as it may appoint; and such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said board shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court on such hearing, or on report of any such person or persons that the lawful order or requirement of said board drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said board, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and, if a corporation, against one or more of the directors, officers or agents of the same or against any owner, lessee, trustee, receiver or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in default the sum of five hundred dollars for every day after a day to be named in the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, or in the treasury; and payment thereof made, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. Either party to such proceedings before said court, may appeal to the supreme court of the state, under the same regulations as now provided by law in respect to appeals in ordinary cases; but such appeal shall not RAILROADS. CH. 72 operate to stay or supersede the order of the court, or the execution of any writ SEC. 17. [Proceedings of board-Stenographer-General powers and duties.]-That the board may conduct its proceedings in such a manner as will best conduce to the proper dispatch of business, and to the ends of justice. A majority of the board shall constitute a quorum for the transaction of business, but no member of said board shall participate in any hearing or proceeding in which he is pecuniarily interested. Any party may appear before said board and be heard in person or by attorney. Every vote and official act of the board shall be entered of record, and its proceedings shall be public, upon the request of either party interested. Said board shall have an official seal, which shall be judicially noticed. Either of the members of the board, or of the secretaries, may administer oaths and affirmations. The board shall have authority to employ and fix the compensation of a stenographer for the use of said board and its secretaries, whose salary shall not exceed one thousand and five hundred dollars ($1,500) per year. Said board shall have the general supervision of all railroads operated by steam in the state, and shall inquire into any neglect of duty or violation of any of the laws of this state by railroad corporations doing business in this state, or by any officer, agent or employee of any railroad corporation doing business in this state; and shall from time to time carefully examine and inspect the condition of each railroad in this state, and its equipments and manner of the conduct and management of the same, with reference to the public safety, interest and conveniences. It shall carefully investigate any complaint made in writing, and under oath, concerning any lack of facilities or accommodations furnished by any railroad corporation doi g business in this state, for the comfort, convenience and accommodation of individuals and the public; or any unjust discrimination against either any person, firm or corporation or locality, either in rates, facilities furnished, or otherwise; and whenever, in the judgment of said board, any repairs are necessary upon any portion of the road, or upon any stations, depots, station houses or warehouses, or upon any of the rolling stock of any railroad doing business in this state, or additions to, or any changes in its rolling stock, stations, depots, station houses or warehouses are necessary in order to secure the safety, comfort, accommodation and convenience of the public and individuals, or any change in the mode of conducting its business or operating its road is reasonable and expedient in order to promote the security and accommodation of the public, or in order to prevent unjust discriminations against either persons or places; it shall make a finding of the facts, and an order requiring said railroad corporation to make such repairs, improvements or additions to its rolling stock, road, stations, depots or warehouses, or to make such changes either in the manner of conducting its business or in the manner of operating its road, as such board shall deem proper, reasonable and expedient; and said finding shall be entered in a record kept for that purpose, and said board shall cause a copy of the same to be served on the said railroad corporation by any sheriff, or constable in this state, in the same manner as a summons is required to be served, and shall also transmit to the person, firm or corporation interested, a copy of the same. Said railroad corporation shall, within ten days after being served with a copy of said findings and order, show cause, if any it has, why it should not comply with said order, by filing with said board an answer verified in the same manner as pleadings of fact in the district court are required to be verified. If no answer shall be filed, as aforesaid, then such finding and order shall be final and conclusive as against said railroad corporation. Upon the filing of any answer as provided for in this section, the said board shall set a day, not exceeding thirty days from the date of the filing of such answer, for the hearing of the matter, and shall notify said railroad company or any other person or persons or corporations interested of the time so fixed, and the place of hearing the same; and shall care |