The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-04

violation sum not less than $500 nor NOR
titan $4,000. An action for the recover
of such penalty shall lie in the county o
Travis, or In any county where such
company may have its principal office o.
headquarters, or in any county in this stat,
through which said railroad may run, AM
shall be in the name Of the state The CON-
nissioners shall institute such suit through
the attorney general, or through tho district
or county attorney, whose fees shall DO such
as arc now provided by law.
Section l5 That il any railroad company
doing business in this state shall, in violation
of the law, or of any rule or regulation pre-.
scribed by the commissioners aforesaid, inflic,
any wrong or injury upon any per
son, such person shall have right of action
and recovery for such wrong or injury in
the county where the same WINS done, or in
any county through which such railroad NAV
run, IN any court of competent jurisdiction,
sBd the damages to be recovered shall DO tie
same rs In actions between individuals, ex-
cep that in cases of willful volation.of law.
such railroad company shall be liable to
exemplary damages; provided, that in no
case, IN suits brought under this section
shall tho damages be less than fifty dollars;
and provided further that all suits under
this section shall BIO brought within twelve
months after the commission of the alleged
otfense or wrong.
Section 49, That when the comni,
sioners, upon complaint or otherwise,
have reason to believe that any rail
road company has violated or is yiolstInr
any of the laws of this state, or any of the
rules or regulations prescribed by said COM
missioners, they shall examine into the mat
tor end cause such preceding to be insti-
tuted as they may deem necessary and proper
IN the premises.
Section II. Tha! tho commissioners shall
be and they are hereby authorized in the
discharge OF the duties OF their office to sub
pnaa witnesses administer os,hs, compel the
production Of books and papers and 70 pun.
lsd for contempt, in tho same manner and 10
the same extent as judges OF the district
courts, and it is hereby expressly provided
and required that all sherilis and constablas
in this state shall execute process issued bv
said commissioners the same AS if such nro.
CO.'S issued from district court. and the
clerk of said railroad and telegraph commits.
sion ia hereby authorized TO administer oatbs
IN matters pertaining TO his office,
Section Is. That any officer, agent or
employe OF any railroad or transportation
company, or any telegraph company who
refuses to answer such questions as may be
propounded to him by tine commissioners in
the cause OF any examination authorized by
this act, or who refuses to produce ANY
papers or books in his control or under his
charge rs such officer, agent or employe, of
any railroad or transportation company or
any telegraph company, shall be punished by
said commissioners as for contempt, and the
property OF any railroad, or Transportation
company or any telegraph company. of
which such person ia contempt is an officer
agent or empoye, shall be- liable to be
taken in execution to Salty tho Judgment in
such cases, at the suit of the stats.
Section 10. the secretary of each railroad
company and of each telegraph company
now doing business, or whose road or line
may be IN process of construction, or which
may hereafter DO organized in this state. shall
within thirty days after the election of Off
GERS and directors OF such company or cou.
panles, or within thirty days after this act
takes elect make and forward TO the COM
missionera of railroads and teleersphs
list OF the officers and direct
ors SO elected In their respective companies,
giving the place of residence and tho post
office address of each, and thereafter annu-
ally or when any changes occur in the or
gan'zaIon of the officers and boards Of d.
rectors of such company or companies, such
secretary shall notify the said commissioners
OF such changes and the name and postotlice
address Of each Of such officers and directors.
Section 20. That for failure or reflisol to
comply with the preceding section any COM
pany so falling or refusing for y period of
thirty days after the time therein provided
shall DO liable to the same penalties as at.
taches for refusing OF neglecting TO make the
required annual report 10 said COM
missoners
Section 81. That the commissioners shall
Immediately after the annual reports herein
provided for shall have been received, amor
tion the aggregate amount of salaries author
lied by law TO bs paid TO said commits
soners and their clerk and also the
contingent expenses of their said of.
flee smorg the several rsiIroad.or Transport
tation companies and telegraph companies
operating IN this state in proportion to the
gross earnings OF such companies per annl.m
within this state, and each of said companies
shall within thiit days after notice of such
appointment, pay into tho state treasury tne
pro rata amount assessed upon such compa.
ny and upon falling or refusing to mske such
payment within the time prescribed the
amount so assessed and duo may be
recovered from the company liable
therefor in civil action in tho
name of tho state suit to be brought
by tho commissioners in Travis county and
tho amount when collected shall BIO paid into
the state treasury.
Section %. That the president, superin-
tondcnt or other officer in charge OF any cor.
poraiion or company owning or operating II
railroad Or any part of u railroad 10 this state
shall promptly notify by telegraph the com.
mlssioners of all accidents occu.ing on such
railroad resulting in tho loss of life to any
person or the woundiug or manning of any
person and tho commissioners shall in person,
or By agent, examine into the cause and
character of such accident.
SouIn %, That all prosecutions and suits
instituted by tho commissioners against any
railroad or transportation company or tele-
graph company or companies or any officer,
agent or employe thereof for forieitures,
penalties or fines, without imprisonment,
provided for in this act shall BIO by civil
action In the name of the state and shall DO
commenced and prosecuted in Travis county
cxeep. as herein otherwise provided, and
such forleitures aud llnes whom collected.
shall DO, unless herein otherwise provided,
paid into the treasury Of tho state to DO used
us the legislature may direct.
Section u. That all railroads in this state
ARE hereby divided into two classes to be
kp. all A