The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02

may require the testimony so taken before
them TO be reduced 10 writing when they
may deem it necessary. or when requested
to do so by either party to such proceed
| ings, and certified copy, under the hand
| and seal of said commission. shall be ad-
| MISSILE in evidence upon the trial OF any
cause or proceeding growing out OF the
same transaction against such railroad, in
| volving the same subject matter and be-
tween the same parties.
Sec. 10. The commissioners, or either Of
them, or such persons as they employ there
for, shall have the right, at such times as
! they may deem necessary, to inspect the
books and papers of any railroad company,
| and to examine under oath any officer,
agent or employe Of such railroad in rela-
ton to the business and affairs of the same.
If any railroad shall refuse to permit the
commissioners or either of them, or any
person authorized thereto, to examine its
| books and papers, such railroad company
shall. for each offense, pay to the state OF
| Texas not less than Sl25 nor more than
500. for each day it shall so fail or refuse.
Provided, that any person, other than one
of said commissioners, who shall make any
such demand, shall produce his authority,
under the hand and seal OF said commits
sion, to make such inspection.
(a.) Any officer, agent or eInploye
of any railroad company who
! shall, upon proper demand, fail or refuse
to exhibit to the commissioners, or either
Of them, or any person authorized to in
| vestigate the same, any book or paper OF
such railroad company which is in the pos
session or under control OF such officer,
agent or employee, shall be deemed guilty
Of misdemeauor, and upon conviction II
any court having Jurisdiction thereof. shall
be fined for each offense sum OF not less
| than Sl25 and not to exceed $500
Sec H. The commission shall ascertain
expended in construction and equipment
per mile of every railway in Texas; the
/ amount Of money expended to procure the
right OF way, and the amount of money it
! would require to reconstruct the roadbed,
track, depots and transportation, and to
replace all the physical properties belong
! ing to the railroad.
II shall also ascertain the outstanding
bonds, debentures and indebtedness and
the amount respectively thereof, when
issued and rate Of interest, when due, for
what purposes issued, how used, to whom
| issued, TO whom sold, and the price in cash,
property or labor, II any, received therefor,
! what became Of the proceeds, by whom the
Indebtedness is held, the amount purport-
| ing to be due thereon, the floating indebted
ness of the company, to whom uue and his
address, the credits due on it, the property
on hand belonging TO the railroad company
! and the judicial or other sales of said road,
( us property lfdlCHlSGS, IHc
purporting to have been paid, and in what
manner paid therefor. The commission
shall also ascertain the amounts paid for
salaries to the officers OF the railroad and
the wages paid its employees.
For the purpose in this section named,
the commission may employ sworn experts
TO inspect and assist them when needed,
and from time to time rs the information
required by this section is obtained, it
shall communicate the same to the attorney
general by report, and file duplicate
thereof with the comptroller for public
use, and said Information shall be printed
from time to time in the annual report of
( the commission.
! Sec r. The said commission shall cause
to be prepared suitable blanks with
questions calculated to elicit al infor-
nation concerning railroads, and as
often rs it may be necessary furnish said
blanks to each railroad company. Any
railroad company receiving from the com
mission any such blanks shall cause said
blanks to be properly filled out so as to an
swer fully and correctly each question
therein propounded, and in case they are
unable to answer any question, they shall
give satisfactory reason for their failure,
and the said answers, duly sworn to by the
proper officer Of said company, shall be re-
turned to said commission at its Office in the
/ city of Austin within thirty days from the
receipt thereof
! (a) If any officer or employe of a rail-
road company snail fail or refuse to fill out
! and return any pks as above required,
| or fail or refuse answer any questions
/ therein prGpounoe4 give a false answer
! to any such questions or shall evade the
! answer TO any such questions, such person
4 shall be guilty of miSdemeanor, and shall
! on conviction thereof be fined for each day
| he shall fail to perform such duty after the
/ expiration of the time aforesaid a penalty
| of $500, and the commission shall cause
| prosecution therefor in the proper court:
and penalty of like amount shall be re-
! covered from the company when il appears
/ that such person acted in obedience to its
direction, permission or request in his fail
| ure evasion or refusal. said commission
! shall have the power TO prescribe system
| of bookkeeping to be observed by all rail
| roads subject hereto under the penalties
prescribed in this section.
Co. The said commission shall make
and submit to the governor annual reports
containing full and complete account of
the transactions OF their office, together
with the information gathered by such
commission as herein required, ana such
other facts, suggestions and recommends
tons as may be by them deemed necessary,
which report shall be published as the re-
ports Of the heads Of departments.
(c) The said commission shall have
power anu - HGItuy uillc us uuIl W
investigate all through freight rates on
railroads in Texas, and when the same are,
in the opinion Of the commission, excessive
or levied or laid in violation of the inter-
state commerce law, or the rules and regu-
lations of the interstate commerce commits
sion. the officials of the railroads are to be
notified of the facts and requested to reduce
them or make the proper corrections as the
case may be- When the rates are not
changed or the proper corrections are not
made according to the request OF the COM
mission, the latter is instructed to notify
the interstate commerce commission and to
apply to it for relief.
Sec b. The said commission, in making
any examination or investigation provided
in this act, shall have power TO issue sub
pHnas for the attendance Of witnesses
by such rules as they may prescribe.
Each witness who shall appear before the
commission by order of the commission, at
place outside the county of his residence,
shall receive for his attendance 81 per day
and cents per mile, travelled by the near
est practicable route, in going to and re-
turning from the place of meeting Of said
commission, which shall be ordered paid by
the comptroller of public accounts upon the
presentation Of proper vouchers sworn to
by such witness, and approved by the
chairman Of the commission. Provided
that no witness shall be entitled to any
witness fees or mileage who is directly or
indirectly interested in any railroad in this