The Superior times. [volume] (Superior, Wis.) 1870-1912, 1889-01-26

| CT the PROVISIONS of this act.
| sec. 3. That in case any common carrier sbs II
| do, cause or permit to be done anv ACT n,stfar
| or thing IN this act prohibited or declared 10 he
| unlawful, such common carrier shall be liable TO
| the person or persons injured thereby for the
| full amount of damages sustained together xsifb
reasonable attorneys lee, to be fixed by the
| court
| Sec. o. That any person or persons claiming tn
! be damaged by any common carrier. NAV eifher
make complaint to the commission or ma bring
suit IN his Oh their own behalf or the recovery OF
| the damages, In any court OF his state o. DOM
petent jurisdiction: but such person or uqrsons
| sha ] not have the light 10 pursue both Of said
remedies, ahd must In each case elect which one
! OF the two methods OF procedure he or they
| viii adopt. in any such scion brought for the
| recovery OF damages, the court NAV compel any
director. oihcer, receiver trustee AGENT to at
/ tend au1 testify III such case, and NAV comppl
i the production OF the books and papers of such
! corpoiatiOni the claim that any such testimony
/ or evidence may tend TO criminate the person
giving II, shall not excuse such witness from tes-
I tiynB, but such evidence or testimony shall not
| be us-d against such person on the trial of any
/ criminal proceeding.
See. 10. That any common carrier or If a cor.
poratlon, any director or officer thereof who alone
1 or with any other corporation, company person
or party, shall do or williuly cause suffer or per-
| nit TO be done, any act, matter thing in this
act prohlbitet OF declared to be unlawful shall
/ be deemed guilty OF a mtsdemeanor and shall
/ upon conviction thereof be subject 10 a fine al
| not TO exceed $4,000 for each oiense
sc. II. The governor, by and with the advice
/ and consent OF the Senate, snail within thirty
/ Days after me passage OF this act, appoint two
commissioners, who shall hold office, one until
four wears and the other until six years from the
/ first Monday in January 1889, the term OF each
to be designated by The g-Vernor and the said
j commissioners with the present comm ssioner
shGh constitute the railroad commission
for this state until their SUCCESSORS
are appointed and qualified. In case
an appointment fhall be made by the
governor. ana the Senate shall fail to net there
/ upon, such appointment shall be in full force
subject to the future confirmation OF the Senate
{ T. n . ffign ~ aftk
OF the three c umissioners, and every two years
thereafter tie governor, by and with TIE consent
/ OF the senate, shall appoint railroad commits
sloher, VINO khall nod his Office Tor FIX years
ana every vacancy in such Office occurriny
previous 10 the expiration Of the Term, shall be
+ hlltd Ia Ike manner for The residue Of the term
4 only. II such vacancy occurs. during recess OF
{ the Leglslat IRE, it may be- flied by the
governor, subject To confirmation by the Senate
waen next convened. Tbs governor may remove
any sIch commissioner ut any time for iueit-
cheney, neglect Of duty or malfeasance in Office
No person in the employ Of or holding any off,
( CIal relation to any common carrier or owning
! stock or bonds thereot, or who is in any manner
/ CccuniaTiIy interested therein shall hold such
otic=. said commissioners shall not engage IA
any other business or employment. one o. snid
/ commissioners shall be experienced in the
freight trHliic OF railroads. Not more than two OF
I SAID commissioners shall belong to the same
political party. No vacancy in The comm ssion
shall impair the right OF the remaining commits.
/ sioners TO exercise all the powers of The commits
/ sion.
!
thUD nave thc authority TO inquire into the man
eEoment OF the business Of all common carriers,
and shah keep Itself informed as to the manner
and method IN which The same is conducted
/ and shall have the right TO obtain from such
/ common ctTriers iull ANA complete information
/ necessary to enabl the commission to perform
the duties and carry out the objects for which Il
was created. II snail be the cuty OF the railroad
commission TO inquire into any neglect or viola
lion OF the laws OF this state by any raj road cor
lOratiUn or by its officers, agents or emlIGyes;
- n
such FairOad for that purpose as often a. pr ct-
! cable. y shai inspect ard examine the coudi-
ton, equipment and manner Of management OF
/ All railroads with relation t. the pub
/ lie safety and convenience. 1t shall
| also examine aud asc'rain tie financial condt-
I ton ana management Of every such corporation,
and iOr TIE purposes OF his act shall have power
! to require the ATTENDANCE and testimony OF wit
! Desses and the production OF all Dook- Papers,
/ tariffs. contracts, agreements ana documents re-
/ laflug to any matter under iRvtstig cation, and
may invoke the AID OF any court Of record in re-
/ curing the &ttenGaE e. and testimony OF wit
/ nesses aud the production books, pa ers and
/ documents under the provisions o. I. is sectIuu
And any such court in CaSe Of ContuuACy or re-
! iufa 10 obey subpoena i.sutd Ia any common
carrier, or Other person, may issue au CriuI re-
| curing sucn common carrier or Other person o
/ appear before said COM. lsslCn, and p-Cduce
books and papers il 50 ordered. ami give evidence
touching the matter IN question: ana any failure
/ TO cbty the orcer o! the court may be punished
! IL & contempt tn reat
sec. IS. ia. # in any case in which an inVes-
/ CATION shall be made by said commits iou it
| shall be made to appear that an thing has been
/ done or omitted III violation o. The provisions OF
| THIS act, or OF any law equitable 10y said com
/ mission, by any common carrier or t. al any in
/ jury or damage hos been Sustained BY the party
/ or parties complaining, il shall be the duty Of
| the comm s-lBu 10 tgrihWfth report IN writing
f! which sha Include the findings oil fact upon
1 which tho conc usions % the commission are
/ based, and cause d copy 10 be delivered 10 such
{ common carrier tOPctL er with a notice to cease
and desist from such violation, or TO make repa-
| ration for the injury found 10 be done or both,
| within a reasonable tire 10 he specified by
| the commission; aud II II shall be made 20 ap-
/ pear that such common carrier has ceased from
! suCh violation OF law, and has made repGTat1On
for the injury found to have been done, :. state
lnent 10 That effect shall be entered Of record and
/ the said common carrier sh AL thereu pom be
relieved from further liability or penalty there
] for.
Sec. ID That whenever any common carrier
/ shall violate or refuse or neglect to obey any
/ lawful order or requirement of the commission
it shall be the duty of the commission, and law
ful for any company or any person interested to
/ apply, in summary way, by petition TO the
circuit court sitting in equity, alleging such vi
olallon OF d1sobedience, as the case may be:
ana the SAID court shall haTe power
to hear and determine the matter
on as short notice to the common
( carrier as the court shall deem reasonable and
! said court shall hear and determine the matter
/ speedily as court Of equity and without the
{ formal pleadings and proceedings applicable 10
ordinary suits in equity but In such manner as
to do justice in the premises; and If It be made
to appear that the lawful order of said cominls-
/ slon has been violated or disObeyed, 1t shall be
lawful for such court to issue writ OF injunc-
non or other proper process, mandatory or other-
/ wise, to restrain such common carrier from
/ further continuing such violation or dsoDedl-
! ence aud enoining obedience to the same; and
! III case OF aay dlsobedlence OF any such
writ OF injunction or other proper process.
1t shan be lawful or such court to
I issue Writs of attachment or any other
! process applicable to writs of injunction, or
other proper process, against such common car
rler; ana such court may direct such common
! carrier to pay such sum Of money not exceeding
! S3GU i0r every day, alter day 10 be naihed n
the order that such carrier or other person SheIl
TAI 70 obey such process; and such moneys snail
t be payable as the court shall direct, either TO
the party complaining or into the state treasury
ana payment may be enforced 10y attachment or
OTGeT i'll the nature OF II writ OF execution. Whsn
/ the subject in dispute shall be Of the value or
500 or more, either party may apreal to the su-
| preme court, but such appeal shall not operate
TO stay supersede the order of the court or the
execution of any writ or process thereon. For
the purposes OF this act the circuit courts OF this
/ state shall be deemed to be always in session
! Sec. 10. That the commission may conduct It's
/ proceedings in such manner as will best conduce
/ 10 the proper dispatch OF business ana the ehus
! OF justice no commissioner shall participate IN
! any hearing or proceeding in which he has any
! pecunary interest. Every vote and official act
/ of the commission shall be entered of record and
| its proceedings shall be public upon the request
! of either party iutere ted. Said commission
/ shall have an official seal, which shall be judi
ciaily noticed.
/ Sec. l6. zach of said commissioners shall re-
ceive salary of 5000 per annum and s. day
for actual travelling expenses. They shall keep
their Office at the seat OF government, and shall
have the power 10 appoint a secretary TO peri u
such duties as they may assign 10 him. who snaIi
receive for his services a sum not exceeding ~
/ 600 per annum, ana So day for actual travelling
expenses; and also to employ experts TO assist III
/ examining bridges, the expenses thereof 10 De
paid out OF the state treasury. such commission
/ eTs and their secretary shall have the right OF
passing all railroad trains free OF charge.
| Witnesses summoned before the commission shall
/ be paid the same fees and mileage as are pald
! witnesses in the courts of record Of the state.
/ See. L. TO promote convenience or curtal ex-
peuses. the commission may hold special SESSIONS
| i'll any part of the state.
/ Sec. IS That the commission is hereby aufh0r-
/ lied to require annual reports for all common
| carriers, and to require specific answers to all
! questions upon which the commission may neeu
! Information.
! sc. 10 That the commissioners shall. on OF
before the 1st day Of December in each year,
make report to the governor, to be transmitted
/ to the Legislature when next convened. Tins
! report shall contain such information and Gaa
as will be Of value in the determination OF ques-
tious connected with the regulation OF railroad
IrauIc, tugEIrrr with SUCa recon- me ulatIOns rs
TO additional legislation as the commission may
deem necessary.
sec %. That nothing in this act shall apply "a
-. F co