The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-01-22


lars nor more than ten thousand or i'm
pnsonmeut in the State Pepilentiary not
less than one nor more than ten years, or
both such fine and imprisonment at the
discretion Of the court.
$50. IL. Be il further enscted, That il
thall be the duty Of the commission 10 con-
slider and carefully revise all tariffs OF
charges for transportation made By any
person or corporation owning OF operating
a railroad in this State, and II in The judy
msnt Of the commission any such charge Is
more than Just compensation for which il
il proposed 10 be made, or il any such
charges amount 10 unjust discrimina-
ton against any person, locality or corpo.
ration the commission shall notify the party
making such charges Of the changes neces-
sary to reduce the rate Of charges TO Just
compensation and to avoid unjust aiscrimi-
nation, and when such changes are made by
SUCH party in the tariff or when mono are
deemed proper and e1pedient, tho members
Of the commission shall append certificate
Of its approval to sach tariff of charges.
But in revising every such tariff, the com
mission shall take into consideration the
character and nature Of the service TO DO
performed, and the entire business OF such
railroad, together with its earnings from
the passenger and other traffic, and shall 20
revise said tariffs as to allow fair and Just
return on tho value OF such railroad, its APP
purtonances and equipments, and it shall
be the duty OF the said commission to OK
erciso watchful and careful supervision
over every such tariff and its operation,
and to continue 70 revise said tariffs from
time 70 time rs justice to tho public and
each Of siid railroad companies may re-
quire, and to increase or reduce any of
said rates accordingly as experience and
business operations may show to be just.
SEC. IS. Be il further enacted, That it
shall be tho duty OF said commission to
hear all complaints made by any person
against any such tariff Of rates so approved,
on the ground that the same, in any re-
spoct, is for more than just compensation,
or that such charges, or any OF them,
amount 10, or operate so Gs+o effect unjust
discrimination; such complaint must be in
writing and specify the items in the tariff
against which complaint is made, and if it
appears 10 the commission that there may
be justice in tho complaint, or that the
matter ought TO be investigated, the COM
mission shall forthwith furnish to the per-
aon or corporation operating the railroad,
n copy Of the complaint, together with no
ticc, that a. time and place stated in the
notice, tho tariff as 10 said items will DO re-
vised by tho commission, and at such time
and pincs it shall be the duty OF the com
mission TO hear the parties TO the contro-
versy or by counsel, and such evidence as
n2y be offered, oral or in writing, and may
examine witnesses on oath, conforming to
the mode OF proceedings, as nearly as may
be convenient, TO that required OF arbitra-
tors, giving such time and latitude to each
side, and regulating the opening and con-
clusion Of any argument, as thes commits
sion may consider best adapted to arrive
at tho truth, and whom the hearing is con-
cluded, the commission shall give notice of
any changes deemed proper 10y them to be
made, to the person or corporation operat-
ing the railroad.
SEC. Ia. BE 1t further enacted, That said
commission shall have an Office at the Capt.
tol, and shall meet there on the first Mon
day 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
may be ,cessary for the proper discharge of
their duties, or as the convenience OF the
parties, in the judgment of the corcmis-
sion, may require, The president of the
commission shall receive ealary Of thirty
ave hundred dollars, and the associate.
commissioners shall each receive salary
OF three thousand dollars per annum, to be
Nut al oa Ia Ia ~ ,f ~
and tho commissioners may employ clerk
at salary not exceeding fifteen hundred
dollars per annum, to be paid in like man
ner. il shall be the outy of the com
mission to keep a record of all its proceed
ings, which shall be open at all times to
the inspection Of the public.
SEC. Is. Be it further enacted. That il
shall be the daty Of every person, company
or corporation, operating any railroad in
this State, TO make a return to the Auditor
at the time Of rein ng its property for
taxation, in each year, OF the gross earn
ings of such railroad during the preceding
year, and If such railroad is partly in an
other State, the gross proceeds shall be APP
portioned to each mile of main track Of the
whole road, and the sum thus apportioned
to the miles of the main track in this State,
shall be considered the gross earnings of
such railroad IN this State in the event of
failure to mako such return Of gross earn
ings, the Arditor shall ascertain and assess
the same fIom information. The Auditor
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 rlilroad for the amount of such per-
&C ltage on its gross earnings. Il shall
the duty of every person, company or cor
poration operating arailroad in this State,
to pay the tx so assessed to the Treasurer
of the State on or before the first day of
June in each year. Upon production of
the Treasurer's receipt for such tax 10 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 a license
to operate said railroad for one year. ANY /
person, company or corporation operating
q railroad in tais State, on or after the first |
day of July, 1884, without license, shall |
forfeit one hundred dollars for each day
while so engaged, one-half to be paid TO
any person suing for the same, and tho /
other half into the Treasury.
Syc. l6. Be it further enacted, Tint all
money paid out under this Act shall be
paid on warrant OF the Auditor 10 Treasurer,
as by law provided, including such sum as
may be necessary TO procure office flrni-
ture, stationery and other Office expenses.
rent of office of said commissions;
provided, such Office expenses shall not ex-
coed fiva hnndraA 1ollnrs. nor n,,.,-,rn