The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-02-06

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SEc. 9. B. it further enacted, That there
shall be a Railroad Commiss iOner for the State
OF Mississippi, Who shall be elected by the
Legislature Of tae State for tie term OF two
years. aud shall be subject 10 removal from
Office for good cause. His term Of office shall
begin on lAe irst MONDAY IN May Succeeding
the regular session OF the Legislature. He
shall not be stakeholder in, nor the owner Of
any bonds OF. nor in the employment of. nor
contractor with, any railroad compsny created
by the laws Of this or any other State. Said
Commissioner shall have clerk, TO be APP
pointed By himself who shall keep full and
faithful record Of the proceedings aud official
acts Of said Commissioner, and serve notices
ami perform such other official duties as may
be required of him by the Commissioner. Be-
fore entering upon the duties Of their respec
tive offices. the said Commissioner and Clerk
shall make and subscribe an oath that they
will faithfully perform the said duties and
the said Commissioner shall further make and
subscribe an oath that he is not stakeholder
in, nor the owner OF any bonds Of nor in the
employment Of, any railroad company created
by the laws of this State, or any other State,
and that no such bonds or stocks are held in
trust for him. That said oaths shall be filed
in the Secretary OF States office, end an entry
OF the taking o. the same shall be made in the
record o. the proceedings of said Commissioner,
which shall be kept in mis- office.
SEC. TO- Be il further enacted, That II shall
be the duty OF the said Railroad Commission
er to personally investigate and ascertain
whether the provisions OF this Act are vioiat'
ed by any railroad corporation in this State,
aid TO visit the various stations upon the line
of each railroad Tor that purpose, as often as
practicable and whenever the facts, in any
manner ascertained by said Commissioner,
shall, in his jud ament, warrant such prosecu-
ton il shall be the duty of said Commissioner
10 Immediately cause suits 10 be eomms need
and prosecuted against any railroad corpora
ton which may violate the provisions of this
Act Such suits and prosecutions may be in
stituted in any county in this State, through
or into which the line Of the railroad corpora
ton sued for violating this Act may extend
AMI such Railroad Commissioner is hereby
authorized when the facts Of the case present
ed to him shall, in his judgment warrant the
commencement of such action, to request the
District Attorney in whose judicial district
the said ale ged violation of any of the provis-
ions of this Act may occur, whose duty it
shall be to prosecute the same, and for said
service he shall receive the sum of FIVE per
cent. on the amount so recovered 1t shall also
he be lawful for the Board OF Su ervisors of
any such county, to associate with and pay a
reasonable fee for counsel in this behalf. No
such suits commenced by said Commissioners
shall be ulSnlShSu 6Gbtpt w anu WIN INC OOH-
sent of the Board Of Supervisors Of said
county.
sEc. H. Be it further enacted, That said
Commissioner is hereby directed 10 make for
each railroad corporation doing business
in this State, as soon as practicable,
a schedule of reasonable maximum rates
of charges for the transportation OF
passengers and freights, and cars on
each of said railroads; and said schedule shall
:. - brouubt agai N AZ said pallroAd
porations. wherein is in any way involved the
charges of any such railroad corporation for
the trans portation of any passenger or freight
or cars. or uniust dis Elimination IN relation
thereto. be deemed and taken in all courts in
this State as primd tdcie evidence that the rates
therein fixed are reasonable maximum
rates of charges for the transportation OF
Messengers and freights, and cars upon the
railroads for which said schedules may have
been respectively prepared. Said Commits.
sioner shall, from time TO time and as often as
circumstances may require, change and revise
said schedules. When any schedule shall
have been made or revised as aforesaid, II
shall be the duty of said Comm ssioner tC
cause publication thereof to be made for three
successive weeks in the newspaper published
in the city of Jackson, or elsewhere, by The
hubble printer All such schedules heretofore
or hereafter made, purportng to be printed
and published as aforesaid, shall be received
and held in all such suits as primG fdcie seized
ules of said Commissioner, without further
proof than the production Of the schedule de-
sired to be used rs evidence, with a certificate
of the Railroad Commissioner that the SAM
is true copy of q schedule prepared by HIN
for the railroad company or corporation there
in named, and that the same has been pub
lisbed as required by law, stating the nam'
of the paper in which the same was pub
Eshed, together with the date of such publ
cation. :,
SEC u. Be it further enacted, That the Rail
road Commissioner shall investigate the eau
SEES of any accident on railroad in this State
resulting in the loss of life, and Of any acci
dent not so resulting which, in his judgment
shall require Investigation.
SEC. IS. Be it further enacted, That ever.
railroad corporation shall, at all times, on re
Quest furnish the Railroad Commissioner an.
information required by him concerning tn
physical condition, management and opera
ton of its railroad, and particularly VIII
comics of ''time tables" and rates for trans
porting freights and passengers upon 1t
road and other roads with which its bushes
is connected.
SEC. IA. Be it further enacted, That no r'
ouest or advice of the Railroad COMMISSIONS
shsll have the effect to impair, in any name
or degree. the legal duties and obligations {
anv railroad corporation, or its legal habilit
for the consequences of its acts, or the neglet
or mismanagement of any of its servants
agents. =,
SIC. Is. Be it further enacted, That III
Railroad Commissioner shall make report
the Legislature at it's regular sessions, OF b
acts and dongs including such statements
facts an explanations, as will disclose II
actual workings Of the system Of rallroa
TRANSPORTATION in its bearing upon the bus
ness and prosperity Of the State, together VIII
sueh suggestions as to the general rallro0
polcy of The State, or as to any part thereo
or as TO the condition, affairs or conduct OF al
of the railroad cOfporatiOns, as may seem
him proper; and also a special report OF o
accidents and the causes thereof, since II
last report. And whenever the returns r
ceiyed rom any corporation are defective
nrobably erroneous, the Commissioner shd
notifV said corporation to amend the san
within fifteen days; and the Commissioner sha
prepare such tables and abstracts OF all the
turns he shall deem expedlent, ana trahsH \
so the Legislature through the Governor OF T
State.
SEC. l6. Be it further enacted, That the a
nual salary Of the Railroad Comm ss1one e sI'
heIwo thousand five hundred (s25OO w dc
lars and of his clerk one thousand ISL 900
dollars. payable quarterly, by the Aucltor
Pnblic Accounts, in the manner. hereinait
nrovided The Commissioner shall be pr
Tided with an office in the Capitol or in sol
other sui.able place, in the city Of Jackso
in which his records shall be kept He ms
amnIoy ard take with him experts, or agent
whose services be may deem to be TEMPORARY
necessary and he may draw upon the Aut
for of Public Accounts for sum not exceedl
tbreehundred and fityt t3j0.O0)dollars, to be {
pended by aim in the payment Of such expel
-. in