The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-01-23

y :
d lie, 10 The person or corporation operat-
Il the railrosf.
SEr IA. Be il further enacted, That said
e. una:ssion shall have an ofics at the Capt.
tai. ami shall meet there on the first Mon
dar in every month, except September. and
| shall remain in session until all business
before them IS disposed OF ; and shall hold
other sessions, at such times and places as
maj bs n scassary for the proper discharge Q.
/ their duties. or as the convenience of the
parties, in the Judgment of the commits
sion. may require. The president of the
| commission shall receive q salary of thirty
| five hundred dollars, and the associate
/ commissioners shall each receive a salary
/ of three thousand dollars per annum. TO be
paid as the salaries of other State officers
/ and the commissioners may employ clerk
/ at a SALARY not exceeding fifteen hRndred
dollars per annum. to be paid in like man
ner. It shall be the aaty of the com
mission 10 keep record Of all is pr-lree'i-
/ inrs. which shall! be open at al tEsres 10
| the inspection of tha public.
| SEC. 70. Be it further enaetes. That
shall be the duty of every 7, rto-l. ev.afalIy
or corporation, operating any r1liFosd -
| this State, 10 make return 70 the auditor
at the time of rstu z It's pro ssety fer
/
| ines Of such railroad dari1g the preceding
year. and If such railroad is parity III an
/ other State, the gr S proceeds shall be ap-
portione1 to each mile of m in track of ths
| whole road, and the sum tins 4 1portionec
! 10 the miles of the main track III this State
| shall be considered the gross earnings u
such railroad in this STATE IN the event OF
failure to make sach return OF gross earn
| ings the Auditor SHAH asSe-'taifi and assess
| the same from information. The Autlito.
| must then ascertain what percentage of the
/ aggregate of gross earnings, thus returned
| or assessed. will be sufficient to pay the
| expenses of the commission authorized by
| law. and assess a license tax against every
/ such railroad for the amount of sach PEI
| centage on It's gross earnings. It shall e
/ the duty of every person. company or co..
/ pora tion operating railroad III tins State,
4 Ia pay the tax 50 assessed to the Treasurer
| of the State on or before the first day OF
1 June in each year. Upon production of
the Treasurer's receipt fof such tax to the
| Auditor, and upon satisfactory evidence
that the party paying the same is prepared
to transport freight and passengers with
reasonable safety over such railroad, the
Auditor shall issue TO such party license
| to operate said railroad for one year. any
person, company or corporation operating
a railroad in this State, on OF after the first
day of July. 1881, without a license, shall!
forfeit one hundred dollars for each day
while 80 engaged, one-half to be paid to
any pc son suing for the same, and the
other half into the Treasury.
SEC. 1G. Be it further enacted, That all
money paid ont ualet this Act shall be
paid on warrant of the Auditor to Treasurer,
as by law provided, including such sum as
may be necessary to procure Office furni-
ture, stationery and other Office expenses,
Including rent of Office of said commission;
provided, such Office expenses shall not ex-
coed five hundred dollars per annum.
SEC. II. Be it further enacted, That
whenever, in the Judgment of the Railroad
Commission it shall appear that repairs
are necessary upon any such railroad, or
that any addition to the rolling stock, or
any addition to or change in the station,
or station-houses, or any change in the
rates of fare, for transporting freight Or
passengers. or any change in the mode of
operating the road and conducting its bust
ness is reasonable and expedient in order
! to promote the security, convenience and
accommodation of the public, they shall
give information in writing to the corpo-
ration of the improvements and changes
which they adjudge to be proper, and a
report of the proceedings shall be in
cluded in the annual report Of the commits
| sion to the Legislature.
SEC 10. Be it further enacted, That the
said commissioners shall have the right to
pass free of charge, in the performance of
their duties, on all the railroads in the
State, and to take with them any person
in their official employment; that said com
mission shall have general supervision
over all the railroads of Mississippi, and
shall examine the same from time to time,
and keep themselves informed as 70 their
condition and the manner in which they
are operated, with reference to the securi-
ty and accommodation of the public and
the compliance of the several corporations
with their charters and the laws of the
State
SEQ. 49, Be it further enacted, That said
commissioners shall, as often as they deem
it necessary, examine the several railroads
in this State, and shall recommend in writ
ing to the several railroad companies, or
any of them, from time to time, the adop-
ton of such measures and regulations as
said commissioners deem conducive to the
public safety and interest.
SEQ. 20. BE it further enacted, That the
managers operating the several railroads
of this State shall furnish the said commits
sion with all the information required rela-
tive to the management Of their respective
lines, and particularly with copies Of ali
leases, contracts and agreements for trans |
portation with express, sleeping or
other companies to which they are parties.
SEQ. q. Be it further enacted, That |
whenever complaint is made to the commits
sion that any railroad or portion thereof |
ought to be fenced. it shall be the duty of |
the commission to give notice to the per-
son or corporation operating said railroad !
and also to the person making such COM
plant, Of the time and place, when and |
where such complaint will be heard and de- /
termined, and at the time and place APP
pointed for that purpose, to examine the
witnesses of the parties under oath in rela-
ton to such complaint. If, upon such hear
ing, the commission shall deem it neces-
sary that said railroad ought to be fenced,
the commission shall notify the person or
corporation operating such railroad there
of, and designate what portion of said road
shall be fenced by said person or corpora
ton operating said railroad; provided, the
com mission should be of the opinion that
sIch person or corporation operating said
railroad should bear al! the expense of
SUM tSuCS! Out IHt
should be of opinion that said expense
ought to be divided between the person or
operating said railroad, and
the owner Of the adjoining land making
the complaint, then the commission shall (
determine what proportion of said expense
ought equitahly to be borne by each of said
parties. and shall 50 specify in notice to !
be sent to each of them, designating what {
portion of said railroad ought to be fenced;
when, in the case which provides that said +
person or corporation shall bear all the ex- :
pense of erecting such fence. and such I
person or corporation shall, after reason S
lble notice, fail or refuse to fence the por- {
ion of said railroad as specified in said |
notice, such person or corporation shall be
liable in damages for the value of any t
'tock killed or injured with or without neg i
igence upon the portion of said railroad L
70 designated to be fenced. and no liability t
hall attach for stock killed or injured on
hat portion of the line fenced in the man S
Ter designated By said commissioners; O
when, in the case provided for the expense O
icing divided between the parties as speci- v
led by the commissioners then, if after q
notice thereof, the person own s
ng or operating said railroad, shall forth s
nth offer to the owner of the adjacent
and, making the complaint, to comply with e
aid award in good faith, and the owner CT il
he adjacent land shall, after such notice as b
prescribed in this section, fail or refuse +,
D comply with the part of said award to Il
9 performed by him, then the person or e
orporation operating said railroad shall
OF be liable in damages for any stock be- "
'nging to chs GEEer Of said laid which 81
lay be killed or injured with or WITHOUT 81
egligence, on said portion Of said rail- o.
BAD so designated to be fenced as afore- "
nd; and the said commission shall also p
etermine in said proceeding which of p
aid parties shall bear the expense of re- it
airing end maintaining said fence, which &C
lall be specified il said notice. fl
SEC. o. Be it further enacted, That the 81
'veraI railroad companies, trustees or re- tn
.ivers. or other persons operating rail- o.