Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1889-01-23

med1ately publish such tariff ana cause the same
to be posted at all the regular stations on the
line of such common carrier, and thereafter such
tariff so recommended and published shall be
deemed and taken in all courts Of this
ma facie evidence that the rates,
fares, charges and classifcations therein
fixed; are reasonable and just: and thereafter
such common carrier shall adopt. maintain and
collect or receive q higher or lower rate until
such tariff is changed by the commission or held
to be unreasonable by the courts. Ii any COM
mon carrier shall neglect or refuse TO publish 9.
file its schedules as provided in this section, or
refuse or neglect to carry out the recommends
ton made by tho commission, such common
carrier shall be subject to writ of mandamus,
to be issued by any judge of the supreme court
or of any of the circuit courts of this
state, upon application OF the commission
to comp compliance with the re-
quirements of this section and failure to comply
with the requirements OF said writ Of mandamus
shall be punishable as and for contempt. and the
commission as compiainants may also Apply IoI
writ of injunction against such common car
rier from receiving or transporting property or
passengers within this state until such common
carrier shall have complied with the require
ments Of this section, and for any willful viola.
ton or failure to comply with such requirements,
the court may award such costs, including coun-
Sec. !. Tnat it shall be unlawful ior any COM
mon carrier to enter into any combination. con-
tract engagement, express or implied, to prevent,
ny any the carriage OF egh from be
place of destination; and no break OF bulk, stop
page or interruption by such common carrier
shall prevent the carriage of freights from being
treated as one continuous carriage unless made
In good faith for some necessary purpose and
without any intent to avoid or unnecessarily in
terrupt such continuous carriage or to evade any
of the provisions of this act
Sec. 8. That in case any common carrier shall
do cause or permit to be done. any act, matter
or thing in this act prohibited or declared to be
unlawful, such common carrier shall be liable to
n
full amount of damages sustained, together with
reasonable attorneys fee, to be fixed by the
court
Sec. 9. That any person or persons claiming to
be damaged by any common carrier, may either
make complaint to the commission or may bring
suit in his or their own behalf for the recovery OF
the damages, in any court of this state OF COM
Detent jurisdiction; but such person or persons
shall not have the right to pursue both of said
remedies, and must In each case elect which one
OF the two methods of procedure he or they
will adopt. In any such action brought for the
recovery of damages the court may compel any
director, officer. receiver trustee or agent to at
tend and testify in such case. and may compel
the production of the books and papers of such
corporation; the claim that any such testimony
or evidence may tend to criminate the person
giving 1t. shall not excuse such witness from tes
ufying. but such evidence or testimony shall not
be used against such person on the trial OF any
criminal proceeding.
poration, any director officer thereof, who alone
or with any other corporation, company, person
or party shall do willfully cause, suffer per-
NIT to be done any act, matter or thing in this
act prohibited or declared to be unlawful, shall
be deemed guilty OF a mtsdemeanor, and shall,
upon conviction thereof, be subject to a fine of
not to exceed S. 900 for each offense.
Sec. IL. The governor, by and with the advice
and consent OF the Senate, shall within thirty
days after the 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 governor, and the said
shall constitute the railroad commission
for this state until their successors
are appointed and qualified. In case
governor. and the Senate shall fail to act there
upon, such appointment shall be in full force.
subject to the future confirmation of the Senate.
On the expiration of the term of Office of either
of the three commissioners, and every two years
thereafter, the governor, by and with the consent
OF the Senate shall appoint railroad commits
sioner, who shall hold his Office for SIX years,
and every vacancy In such Office occurring,
previous TO the expiration of the term shall be
flled in like manner for the residue OF the term
only. If such vacancy occurs, during q recess OF
the legislature, it may be filed by the
governor, subject to confirmation by the Senate
when next convened. The governor may remove
any such commissioner at any time for ineffi-
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 Thereof, or who is in any manner
pecuniarily interested therein shall hold such
Office. Said commissioners shall not engage in
any other business or employment One OF said
freight srafic of railroads. Not more than two of
said commissioners shall belong to the same
political party. No vacancy in the commission
shall impair the right OF the remaining commits
sioners to exercise all the powers of the commits
sion.
Sec. II. That the commission hereby created
shall have the authority to inquire into the man.
agement of the business of all common carriers
and shall keep itself informed to the manner
and method in which the same is conducted
RIG 10 TO in from
common Carriers full and complete information
necessary to enable the commission to perform
the duties and carry out the objects for which it
was created. 1t shall be the duty of the railroad
commission to inquire into any neglect or viola
ton of the laws OF this state by any railroad cor.
poration or by its officers agents or employees:
and TO visit the various sections upon the line of
such railroad for that purpose as often as pract-
cable. 1t shall inspect and examine the condi-
ton, equipment and manner of management of
all railroads with relation to the pub
lie safety and convenience. Ii shall
also examine AID ascertain the financial condi-
tion and management of every such corporation
and Tor the purposes of this act shall have power
to require the attendance and testimony of wit
Desses and the production of all books, papers,
tariffs. contracts, agreements and documents re-
latlng TO any matter under investigation. and
may invoke the aid of any court of record in re-
quiring the attenCatce and testimony of wit
nesses aud the production OF books, PAPERS and
documents under the provisions OF tnis section.
And any such court, in case of cohtumacy or re-
tusal to obey subpoena issued Ia any common
CdIIlcI, VI Otutr D6TsOI, may issue Ill tIQe1 re-
curing such common carrier or OF her person. 10
appear before said comm ission, and produce
books and papers If so ordered. AMI give evidence
touching the matter in question:: aud any failure
to obey the order of the court may be punished
as contempt tn reof.
Sec Is. That If in any case in which an inves-
tigation shall be made by said commits. ion, it
shall be made 10 appear that anything has been
done or omitted in violation of the provisions of
this act, or OF any law cognizable by said COM
mission, by any common carrier, or that any in
jury or damage has been sustained by the party
or parties complaining, it shall be the duty of
the commission to forthwith report in writing
which shall include the findings OF fact upon
which the conclusions of the commission are
based and cause d copy to be delivered to such
common carrier together with notice to cease
and desist from such violation, or to make repa-
ration for the injury found to be done. or both,
within reasonable time to be specified by
the commissions aud If 1t shall b0 made to ap-
peac that such common carrier has ceased from
such violation of law, and has made reparation
for the injury found to have been DONE state
ment 10 that effect shall be entered of record and
the said common carrier shall thereup pom be
relieved from further liability or penalty there
for.
Sec. IA. 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.
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