The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1891-06-04

violates lnlS act, anu ii any pCISOli vi
corporation be injured thereby, and
the company fail within thirty days
after notice has been served on its
principal officer resident in the State
to make recompense, shall incur
penalty for each offence of not less
than $50 nor more than $4,000 to be
fixed by the Judge of the court in which
such action shall be tried.
Section II provides that where IN
violation of the rules injury be done to
any person, such person shall have the
right to recover in the county where
the injury was done or the plaintiff re-
sides, but action must be begun within
twelve months af.er the alleged injury.
In the event of wilful violation of the
rules the railroad shall also be liable
10 exemplary damages.
Sec IL provides that in cases arising
under this act th9 rules of evidence
shall be the same as i'll civil actions
except as otherwise provided in this
act
Sec. IS defines companies to mean
for the purposes of this act all common
carriers, street railways excepted.
Sec. II requires all railroad COM
panies on demand to furnish duplicate
freight receipts to shippers. A penalty
for failure to be fixed and collected as
in section 10 is provided.
Sec. IS makes it the duty of the
commissioners to make annual report
Of the transactions of their office to the
Governor, and to recommend from
time to time such legislation as they
deem advisable under the provisions
of this act, 1000 copies of which re-
ports the Governor shall have printed
for distribution.
Sec. 10 gives the commissioners the
power when making examinations for
obtaining information under this act
to issue subpenas for the attendance
ofwitnesses, who are to be allowed s.. 90
per day and five cents mileage to and
from the nearest place of meeting by
| the nearest practical route. In case of
refusal to obey process or any order,
the commissioners shall have the power
to punish for contempt.
Sec. II imposes a penalty of not less
than $500 or more than $1,000 on
every officer, agent or employe OF a
company refusing to furnish any report
required by the commissioners for the
purposes of this act.
Sec. IS repeats all laws or parts
of laws allowing railroads to charge
greater rates than those fixed by the
commissioners.
Sec. 10 provides that when the COM
miSsioners believe any railroad is yio-
lating It's charter, or the provisions of
any law of the State not provided in
this act, they shall give such corpora
ton notice, and if the violations be
continued, they shall present the fact
to the ACKNOWLEDGEMENT. who shall
take such action as he may deem ex-
pedient.
Sec. 20 empowers the commissioners
when they deem repairs necessary on
a railroad or additions to or change OF
stations or station houses, for the secu :
rity, convenience and accommodation
of the public, to give the company
written notice, stating repairs, changes,
&c, considered proper, and in the
event the companies fail to comply
they shall be liable to penalty of not
less than $50 or more than $4,000 in
the discretion of the commissioners.
Sec. Il prohibits companies from
abandoning any passenger station or
freigh' depot which has been estab-
lished over year, without the consent
of a majority of the commissioners.
Sec. - allows companies to relocate
stations or depots with the consent 0.
the commissioners in writing.
Sec. IS gives power to the commits
sioners, when they deem it expedient
or practicable, to require railroad COM
panies to provide separate and equal
accommodations for white and col
ored people on passenger trains and in
waiting rooms ; failure to comply with
which lays the company liable to the
same penalty as presented in section
90.
Sec. II requires all common car
rlerS to afford reasonable and equal
facilities for interchange of traffic be-
tween their respective lines, and shall
not discriminate in their rates and
charges against such connecting line,
and connecting lines shall be required
to make as close connection as prac-
tlcable for the convenience of the trav.
cling public. Violations of this sec.
ton are punishable by fine of no,
not Less than $500 or more than
! S 900 for each offence.
Sec. IS provides that nothing in
this act shall prevent railroads from
carrying free, or at reduced rates
freight for the United States, State o.
municipal government, expositions
charitable purposes, &c, or giving re
duced passenger rates to ministers
disabled soldiers, sailors or 20 orphans
or carrying their own officers, agent
and employees free. Nothing in THU
act contained shall in any way abridgt
or alter the remedies now existing a
common law or by statute but these
provisions are in addition.
Sec. 90 empowers the commissioner