The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-01-20

hat snch determination was right ana
proper and the record of the proceed nss q
aid commission shat be deenied q puo1s
-eeord, and shall at all reasonable TIMES oe
subject to the inspection of the puoilc-
SEC. 20 Be ii further enacted, Ihat salo
or any one OF said commits sion
srs. may in the discharge OF any OF the
lufies imposed upon them by this act
.dminister oarhs, take afidavits,s land sum
mon and examine witnesses under oal u, IN
ali matters coming before them, and II any
person shall ties ify, or make any false
affidavit or oath, be ore said commits ION, or
before any OF said commissioners, or before
any officers, to any matter coming before
said commission, he shall be deemed guilty
of perjury, and, upon conviction thereoi'
he shall be punished according 70 law.
SEC IL Be it further enacted, That ali
summons for witnesses to appear before sald |
or before any one or more OF |
said commissioners, and notice TO persons or |
shall be issued by one oil said |
commissioners, and be directed TO any |
sheriff, constable, or marshal OF any city or
town VINO shall execute the same IN his
bailiwiek, and make due return thereof as
directed therein under the penalties pre-
seribed by Law for failure TO execute ana
return the process of any court ana II any
person, duly summoned to appear and testliy
before said commission, or before any one
or more of said commissioners, shall tall or
refuse to appear and testify without law
yul excuse or shall refuse 10 answer any
proper question propounded TO hlm py
said commission, or any one CT sild
commissioners, or II any person shall
obstruct said commission, or one or more OF
s.id commissioners, in the discharge OF
duty. or snail conduct him> ELF IN rude
disrespectful, or disorderiy manner before
said Commission, or any OF them deibelat
ing in the discharge of duty, such person
shall be deemed guilty OF a misdemeanor,
and upon conviction thereof, snail De hnea
not less than fifty nor more than one tnous-
and dollars.
'.SEc. -. Be it further enacted, That wit
| nesses Summoned to appear before SAID
Commission shall be entitled 10 the same
| Der diem and mileage as witnesses attend
| ing Circuit Court and witness sum moneu
/ by said commission on Its behalf snaA De
paid out OF the State Treasury on warrants
| 10 be drawn by The auditor upon the eertl-
fcate of the comm ssion, showing the
| amount and items thereof, TO which such wit
ness NAV be entitled; aud witne IS sum
mond for any railroad shall be paid by such
| railroad.
| "SEc. % Be il further enacted, That If
any railroad company, or person, or corps-
ration operating any railroad in this state,
shall violate any of the provisions OF this
act or the tariff of eharg $ fixed by such
comm ssion, such company, person, or Cor
i poration shall be liable to a penalty oil
five hundred dollars tor each violation not
otherwise provided for; and such penalty
may be recovered by action to be brought
in the name of the Sta OF Mississippi III
any county where such violation may occur
| or injury or wrong be done The commits
sion shall in titute such action through the
district attornty of the proper district. an0
, no such suit shall be dismissed without the
, | consent of the cont and of said commits
sion; aud if any district attorney shall ne
giect for thirty d US. after notice 10 bring
any such suit, the commission may diree
! some attorney-at-law to bring the same,
his fee therefore shall be fixed by th'
court, and shall not exceed fifty per cent
of he amount collected and the distric
attorney shall NOS Interfere in such suit
and the same shall not be dismissed with
nut consent as aforesaid Prorided, Tina
! in all the trials of cases brought for vic
= lation of any tariff of charges, As fixed b.
i the commission, it may be shown in defenc
4 that such tariff SO fixed was unjust
''SEc. a. Be it further enacted, That III
! remedies hereby given shall be regarded a
;. cumulative TO the remedies now given b
; law against railroad corporations, and thi
= act shall not be construed as repeating an
: statute giving such remedies.
= "SEc %. BE 1t furth enacted, That tn
y provisions of this act shall applyto and in
n clude ali persons, firms and companies, an
n | 70 all associations OF persons, whether IL
: Ecorporated or otherwise, that shall operat
: a railroad in this State tstreet railways e,
= cepted.)
q SEC. 20 Be it further enacted, THIS
= hereafter election of railroad commission
, ers shall be at such tine in such name
: and for such term as may be determined b
! the Legislature.
CSC 81 Be it further enacted, That til
= schedules adopted by the commission fe
charges for tran portatlon of persons an
freight shall not be en- torced againsr an
\ railroad in this State before the first day
= May, A. d. 1884
SEC. Is. Be it further enacted, That tn
act shall take effect and be in force fro
and after its passage
= On the 18th of March, 1884 the followin
- supplemental act was passed:
81 SECTION l. Be it enacted by the Legis.;
Ie tuye of he State of Mississippi, That til
n act entitled An act to provide for the re,
IA laton of freight and passenger rates 0
r railroads in this State, and to create 2 cor
mission 10 snnsrs-ss-- oIhel
purposes, aPP-zssa-'-i sfifch IL 1854, shal
not be so Lstrued as TO authorize salo
e commissioners to require bulletin boards
e to denote the delay of trains no ed thereon
e or to require the erection of station house,
: in any case where in their judgment tht
4 public travel does not make 1t neces
: sary, nor shall said act be so constructed a:
/ 10 require said comm ssion to investigate o.
: to call upon any railroad company tor rat Ell
d Of charges in trans portatition or traye
| from any point outside of this State t.
o points GU side of this State, or in any way
: interfere with such rates of charges.
e On the third of February, 1s4S, the Leg
: stature of Alabama passed an act TO incor
' porate the Mobile and Ohio Railroad Com
y pany, with power Ito locate. construct auC
finally complete a single, double or treble
e raj road way from some suitable poin
e in the city of Mobile, in a westerly o.
, nor hwesteriy direction, to The west lin,
: of this state, towards the Touth o
q the Ohio River, in such route shall
Y deemed most eXpedient; and to trans
!; port, take, and carry properly anC
e persons upon said railro ad or way by tn,
G lower ami force of steam, of animals, or o
E any other mechanical or other power, o.
: any combination OF them which said com
: pany may choose to apply; and with per
+ mission to make any lawful contract witt
y any other railroad corporation in relation
{ to the business of said company, and also t.
+ make Joint stock with any other railroa,
j corporation"
The immediate government and direction
s OF the affairs of the company was vested il
a board of directors to be chosen by tn
!. | stock no ders, and by sec. il was provid I'd
/ That the directors shall have full powe
q TO make and prescribe such by laws, rules
and regulations as they shall deem need ia
: | and proper, touching the disposition an,
T maaagement OF the stock, properly, es tate
b and effects of saist company, not contrar-
: to this charter or the laws OF this State O
J, of the United States; the transfer of shares
il the duties and conduct of their officers an,
servants. touching the election Of an,
! meeting of the directors; and all matter
i whatsoever which may appertain to tn
2 concerns of said company"
S SIC II is as follows
e SEC Il. And be it further enacted
hat ohon hs. Low nj IL,
!, | hereby incorporated IRON time to time /
/, fix, regu are, and receive the toll al,
7 CHARGES by them to be received for trans
d portstion of persons or properly on thei
railread, or way aforesaid, hereby author
7 lied to be constructed, erected, built. o
| used or upon any part thereof
On the 18th of February, 1913, the legis
e lature Of Mississippi passed AN act to in
o corporate tue Mobile and Ohio Railroa,
# Company This act, after reciting the In
o co posatIoE OF the company in Alabama
r and Sc ting out that act of incorporation il
s full, the same printed in Alabama
Il and saso reciting that Mississippi wa
= idesirpus to aid IN accom- fishing the obiec
S OF the saId act, proceeded as follows:
e SEC /. Be it enacted by the Legislature
of the State of Mississippi. That the railroa,
/ described in the aioye-recited &C. be ex
y tended In The State of Mississippi, from III,
e Alabama line 10 the State of Tennessee, i,
5 such objection and on such route as shall
n be deemed most expedient; and that as /.
e sud extension there is granted 10 the sais
] Mobile and Ohio Railroad Company. whe,
$ orgsnlzed, the same rights. powers. ane
: privileges as are granted to it within tn.
State OF Alabama by the said act subject
e however, TO the same and similar condi
z tious. restrictions, notifications and ura
r visions as are in said act above reeite,I
/, contained, and set forth excepting ths
PROVISION contained in section Is of SAID