The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-03-20

be subject to criminal prosecution, and
upon conviction fined not less than one
thousand nor more than 10 thouand dollar
or imprisoned in the State penitentiary
not less than one nor more than ten
years, or both such fine and imprison-
ment. at the discretion of the court; pro.
vided. that nothing in this act shall be
construed as to preventsai commission
ers or the clerk from accepting free
transportation while travelling in the dis
charge of these duties.
SRo. 6. Be it further enacted, That it
shall he the duty of all persons or cor
porations who shall own or operate a
railroad in this State, within thirty days
after the passage OF this act, to furnish
the commissioner with its tariff of
charges for transportation of every kind
and it shall be the duty of said commits
sion to revise said tariff of charges so
furnished and determine whether or not
and in what particular, if any, said
charges are more than just compensation
! for the services to be rendered, and
whether or not unjust discrimination is
made in such tariff of charges against
any person, locality or corporation, and
| when said charges are corrected, as APP
proved by said commission, the COM
mission shall then append certificate
of its approval to said tariff of charges.
bnt in revising or establishing any and
every tariff of changes, it shall ne the
| duty OF SAID commission to take into
| consideration the character and nature
OF the service to be performed and the
entire business Of such railroad, togeth.
| er with its enrnings from the passenger
| and other traffic, and shall so revise such
| tariffs as to allow fair and Just return
on the value of such railroad, and its
appurtenances and equipment; and it
| shall be the duty OF said commission to
exercise watchful and careful super
vision over every such tariff of charges,
and continue such tariff of charges from
| time to time as justice to the public and
each OF said railrad companies may re-
quire, and to incraese or reduce any of
said rates according as experience and
business operations may show to be just;
| and said commission shall accordingly
| fix tariffs of charges for those railroads
failing tofurnish tariff as above equired.
And it shall be the duty Of said railroad
companies or persons operating any rail
road in this State to post at each of its
depots all rates, schedules and tariff for
the transportation OF passengers and
freights, made or approved by said rail-
road commission, with said certificate of
approval, within ten days after said APP
proval, in some conspicuous place at
| such depot; and it shall be unla wful for
| any such person or corporation to make
any rebate or reduction from such tariff
in favor of any person, locality or cor
poration which shall not be made in
favor of all other persons, localities or
corporations by a change in such pub,
lished rates, except as may be allowed
by the commission ;and when any change
is contemplated to be made in the
schedule of passenger or freight rates Of
any railroad by the commission, said
commission shall give the person or cor
poration operating or managing said rail
road, notice in writing at least ten days
before such change of the time and
place at which such change will be con
sidered.
SEQ. 7. Be it further enacted, That
any person or corporation, as aforesaid,
who shall make any reduction or rebate
prohibited by this act, without the up
proval OF the commission, shall be guilty
of a misdemeanor, and upon conviction,
shall be fued not less than ten, nor more
than five hundred dollars.
SEQ. s. Be it further enacted, That
this not shall not prevent any railroad
company from transporting freight or
persons free OF charge, or at reduced rates,
for any religious, charitable or benevo-
lent purpose, or for any industrial ex-
position, fair or association of q public
nature, or for transporting immigrants
into this State, or persons prospecting
with view OF locating or bringing i'm
migrants into this State, or for pleasure
excursions.
SEQ. 8. Be it further enacted, That
it shall be the duty OF said commission to
hear all complaints made by any person
against any such tariff OF rates so APP
proved, on the ground that the same, in
any respect, is for more than just COM
pensatlon, or that such charges or any
of them, amount to, or operate so as to
effect unjust discrimination; such COM
plant must be in writing and specify the
items in the tariff against which COM
plant is made, and if it appears to the
commission that there may be justice
in the complaint, or that the matter
ought to be investigated, the commission
shall forthwith furnish to the person or
corporation operating the railroad, a
copy of the compliant together with no.
tice-which said notice shall be served
as other legal process is now required
by law to be served on railroad compa-
nies-that at time and place stated in
the notice, the tariff as to said items will
be revised by the commission, and at
such time and place it shall be the duty
of the commission to hear the parties to
the controversial person or by counsel,
or both, and such evidence as may be
offered, oral or in writing, aud may ex>
anime witnesses on oath, conforming to
the mode of proceedings, az nearly as
may be convenient, to that required Of
arbitrators, giving such time and latitude
to each side, and regulating the opening
and conclusion of any argument, as the
commission may consider best adapted
to arrive at the truth, and when the
hearing is concluded the commission
shall give notice of any changes deemed
proper by them to be made, to the per-
son or corporation operating the rail
road; provided, in no instance shall any
corporation, railroad or person be Grim
inally or civilly liable for the making of
any charge or discrimination whatever,
if the same is not III violation OF the tariff
of charges, or rules and regulations
prescribed by the commission.
SEC. 10. Be it further enacted. That
said commission shall have an office at
the Capitol. and shall meet there as
often as business may require, and shall
remain in session until all business be
fore them is disposed of; and shall hold
other sessions at such times and places
as may be necessary for the proper dis
charge of their duties, or as the conven-
fence of the parties, in the judgment OF
the commission, may, require; Provided,
That the clerk of said commission shall
remain at the office at the Capitol and
receive all official communications, un-
less he shall be, by order of the commits.
sion in attendance at other sessions not
held at the Capitol, as herein provided
for.
SEQ II. Be it further enacted, That
all money paid out under this act shall
| be paid on warrant of the Auditor to the