Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-01-01

nrarcrsp 40 rxyrsrraArr.

railroad orfces. etafions. and other places OF
business for the purpose OF examinsuons anu W
make r'iles aud regilations concerning sucn on,
aminstions. which rules and regulations shan
DC observed and obeyed "a other rules ana
Regulations aforesaid. Said commissioners
ahail have fan power and authority 70 OK
anime all agents and employees OF SAID rsit
road companies and other persons, dndpr oa.n
or otherwise, In order 10 procure the necessary
information 10 make. Just and reasonable rates
Of freight and passenger fariu, ana ~
II such rules and regulations ore oueertou y.
violated. and 10 make necessary anu propci
rules and regulations concerning sucn cAen'l "a
tlons. and which rules and regulations herein
provided for shall be obeyed and enforced az gu
other rules and regulations PROVIDED Tor 10 'ni0
act.
coxTBAcrasrByEcr TO INSPECTION.
H. That all contracts and agreements De
tween railroad companies doing business IN tnIs
State, as 70 rates OF ffeg9t and passenger Iariss
In this State shall be submitted 70 said commis-
sioners for 1nspection and correction, ihN u may
be seen whether or not ~ is q violation OF the
law or of the provisions OF this act. or OF the ruies
and regulations of said commissi0ners, anu az
arrangements and agreements Whatever az , W
the division OF earnings OF any kind Dy COM
peting raread companies dong business IN ,nis
State az 10 busness done Ia this state shali DC
submitted TO said commissioners Ior lnspocuon
and approval, in 80 far as they affect tne ruics
and regulations made by said commissioners 70
secure all persons dong business with the sara
companies Just and reasonable rates OF iIoisne
and passenger tariff; and sad ccfnmlsnloheis
may make such rules and regulations as 10 SIN
contracts and agreements as may W ucenas
necessary and proper; and any such agreement
not approved by such commissioners, OF w
virtue Of which rates shall be charged exceeding
the rates fixed for freight and passengers, shau
be deemed, held, and taken 10 BIO violatlohs Vi
this act, and shah be Illegal aud void.
PENALTY FOR VIOLATING RULES.
IA. That II any railroad company doing bus-
ness In this State or by lis agents or enpioyoee,
shall DO guilty OF n violation OF the rules an
regulations provided and prescribed Dy sais
and IL after due notice OF sacn
violation given 20 the principal oflicer tnetSV, ~
residing within the state OF virginia, anu aU'
70 the manager or superintendent q secto.aiy
OF treasurer, II residing In the State VI virginia.
and IL not then TO any local agent thereof,
ample and full recofnpense Tor the "rVhs vi
injury done thereby 10 any person or corPoia-
ton, az may be directed blythe COMMISSIONERS,
shall not be made within thirty days OF the time
OF such notice such company SHAH incur "a a
penalty for each offence Of not less tban si,voo
nor more than $4,000, 70 be fixed by tne Juuse
OF the court in which such action shan De srleu;
An action FOR the recovery OF such penalty rhali
lie in tho Circuit Court Of any county or CITY OF
the State where such violation has o,curren OF
wrong has been perpetrated, and shall Dc IN ihe
name OF the Commonwealth OF virginia ino
commissioners shall institute such ACTION
tor the Commonwealth Of the county or corpora
ton In which such violation has occurred "hoSo
fees shah be fxed by the Judge OF tne coui, III
which said action shall be Determined, Eot 20 eA,
coed the sum of $50; and said ices SHAH De ta1eu
in the bill OF costs.
MUST SUE IN TWELVE MONTHS.
IL. That II any railroad company doing busi-
ness in this State shall, In violation OF any rule
or regulation provided by the commissioners
aforesaid, infiict any wrong or injury upon any
person or persons. said persons SHAH nave q
right OF action and recovery ior such Wrong ..
county or corporations where the cause oil injury
arose where the party resides. Inc damages
TO be- recovered shall he the same as Ia actions
between individuals, except that IN cases OF Will
full violation OF law such railroad company shaii
be liable 10 exemplary damages; provided that
al suits under this act shall be brought Wlthii
twelve months after the commission OF the al
legged wrong or injury.
10. That In all cases under the provisions OF
this act the rules OF evidence SHAH be the same
as in civil actions, except as herelnDelore OF
Otherwise provided. All fines recovered under
the provisions OF this act shall be paid into the
State Treasury, to be used for such purposes as
the general Assembly may provide. The rene
dice hereby given the persons injured shall be
regarded as cumulative to the remedies nov
given by law against railroad corporations ana
this act shall not be construed as repeating any
statute giving such remedies,
.. EMBRACES ALL TRANSPORTATION Lp'ss.
II. That the terms "such companies or
railroad companies" contained In this act shan
be deemed and taken 20 mean all corporations,
companies, or individuals now owning or Opc-
rating, or which may hereafter 6syn or operate,
any railroad. steamboat, canal, express busi-
ness, or telegraph line, In whole or IN part, In
this State: aud the provisions OF this act shall
apply as far as applicable TO all persons, firms,
and companies and 10 all associations or per
sons, whether Incorporated or otherwise, that
shall do business as common carriers III tins
state street railways excepted the same as
railroad corporations herein mentioned.
is. That II shall bctho duty OF the Board OF
Commissioners herein provided for 70 make 10
the Governor annual reports OF such general on
special reports as may be called for ny the Gov
ernor at any time OF the transactions Of the Office
and TO recommend from time 10 time such legis-
lation as they may deem advisable under the
provisions OF this act, and the Governor shall
have 900 copies Of such report printed FOR DIS
trlbuti0n.
RIGHr TO SUMMON WITNESSES.
10. That said Board OF Railroad Commissioners
in making any examination TO- the purpose Of
obtaining information pursuant to TINS act, shall
have the power 10 issue subpenas Tor the at
tendance OF witnesses by such rules as hey may
prescribe. And such witnesses SHAH receive for
such attendance two dollars per day ana i've
cents per mile travelled by the nearest practical
Bile route Ia going TO and returning from the place
of meeting Of said commissioners, 70 20 ordered
paid by any one OF said commissioners upon
presentation Of subpenaS sworn TO by Wit
nesses as to the number OF days served and
miles travelled before the clcrk OF said commits
sioners. who Is hereby authorized TO administer
oaths. That all suDppnas for witnesses 10 af-
pear before said commissioners or before any
one or 10 ore of said commissioners, and notices
10 persons or corporations shan be issued by one
of said commissioners and directed 10 any
sheriff, constable, or sergeant Of any city OF
town, who shall execute the same III his oaili'
wick and make due return thereof as
directed therein under the penalties pre-
and return the process Of any court: aud II any
person duly summoned 20 appear and testif,
before said commissioners shan fail or refuse t(
testify without lawful excuse, or snail refuse
10 answer any proper question propounded tf
him by sal commissioners In the discharge o.
duty, or shall conduct himself In rude, dsre
spectful, or disordcrly maneer before said conf
missioner or any Of them deiberating IN the
discharge OF duty, such person snail be deemet
guilty OF a contempt, and may De punished ~
said commissioners In the same manner and Il
the same extent as the courts OF this Common
wealth have the power 10 punish for contempt VI
court.
TIE ROADS MUST BEAR THE EXPENSE.
20. The annual expenses and salaries OF sal
commission and its clerk, including of1ice-rent
furniture, and stationery mot TO exceed tW'
thousand dollars for the first year AID nfteei
hundred dollars for each year theresfter) shat
be appOrti0ned among the several companies
owning or operating railroads and other com
mon carriers embraced In this measure In TIM
State by the commissioners according 10 tn
gross income Of said companies, and reported
by said commission 10 the Auditor OF Public Ac
counts. GA or before the LIST day OF July o
each year the Auditor shall assess upoI
each OF said companies its Just share
Of said expenses IN proportion TO its gross M
come for tue year next preceding that IN which
the assessment is made. Notice OF such assess
ments ssall be given to the respective compa-
nice by the said commission, and II not PAID int
the Treasury within twenty days Of said notice
may be recovered In the Circuit Court Of the cty
OF Richmond after ten days notice on the mo
ton OF the Auditor, and IN his name for th'
benefit of the Commonwealth. The salaries ant
expenses of the said commission SHALL be paya
BE quarterly on the LIST days Of January, April
July, and October, respectively. The member
OF said commission, the clerk thereof, and ex
merits who may be employed when necessaT.
under Judgment of the commission, shall b'
transported FREQ on every railroad IN this state
81. Tnat every officer, agent, or employee 0
any railroad company who shall wilfuliy neglec
or refuse 10 make and furnish any report re
auired by the commissioners as necessary 20 tn
purpose Of this act or who shall wilfully and un
lawfully hinder, delay, or obstruct said commits
sioners in the discharge OF the duties hereby i'm
posed upon them snail Forfeit and pay sum o
not lass than one hundred nor more than nv
thousand dollars for each offence, 10 be recoy
cred in an action Of debt In thefame OF tn
State.
EXCEPTIONS TO THE LAW.
90. Nothing in this act shall apply 20 the car
riage, storage, or handing OF properly, ireo 0
M reduced rates, for the United States, state
or municipal governments OF for charitable pu'
poses to or from fairs and expositons for "a
hibits thereat, or the issuance OF mileage, excur