The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1895-05-01


ply to said commission in such manner and un-
der such rules as the commission may prescribe
whereupon, If there shall appear to the commits
sion to be any reasonable grounds for investi
eating such complaint, 1T shall give q" least five
days notice to such railroad of such charge and
complaint, and call upon said railroad to answer
the same at tim" and place to be specified by
the commission The commission shall investi-
gate and determine such complaint under such
rules and modes of procedure as it may adopt.
| "H the commission find that there has been q
violation, it shall determine if the same was
willful. If it should find that such violation was
not willful,it may call upon said railroad to sat-
| isfy the damage done to the complainant thereby,
stating the amount of such damage, and to pay
the cost of such investigation, and if said road
shall do SO within the time specified by the COM
mission there shall be prosecution by the
| State but if said railroad shall not pay said
| damage and costs within the time specified by
said commission, if the commission find such
| violation to be wfu it shall institute proceed
| ings to recover the penalty for such violation
and the cost of such investigation. All such
complaints shall be made in the name of the
State of Florida, upon the relation of such COM
plant.
"All evidence taken before said commission in
reduced to writing and signed and sworn to by
the witness, may be used by either party-the
State complainant the railroad company-in
any proceeding against such railroad involving
the same subject matter. Provided further
That the commissioners may require the testi-
mony so taken before them to be reduced to
writing when they may deem it necessary,
when requested to do SO by either party to such
proceedings. and a certified copy, under the hand
and seal of said commission, shall be admissible
in evidence upon the trial of any cause Or pro-
ceeding growing out of the same tran. action
against such railroad involving the same sub
ject matter and between the same parties. The
provisions of this section shall not abridge
affect the right of any person to sue for any pen
atty that may be due him under the provisions
of this act. or any other law OF this State.''
The commission is granted authority
to inspect all the books and papers, of
any nature whatsoever, of any railroad
company IN the State, and for a refusal
of any company to permit such ex
animation penalty is fixed of not less
than 1925 or not more than $500 per day
while such refusal is continued. Penal
ties for overcharges are fixed as follows:
IF any railroad company subject to this act,
or it's agent officer, shall hereafter. charge col
lect or demand receive from any rson, COM
pany, firm, or corporation greater rate charge.
or compensation than tina fixed and established
| by the Railroad Commission for the transp orta-
ton of freight, passenger Or cars, orfor the
of any car the line of it's railroad, or any line
operated by it, for receiving forwarding hand
| ling or storing any such freight or cars, for
any other service performed by it, such railroad
company and it's said agent and officer shall be
deemed guilty of extortion, and shall forfeit and
pay to the State of FlOriIa a sum not less than
| 800 or more than $500.
If any railroad subject hereto directly or in
directly, or by any special rate rebate, drawback
or other device, shall charge, demand, collect
| receive from any person, firm or corporation, q
greater or less compensation for any service rem
dered by it than it charges, demands, collects or
receives from any other person, firm, or corpora
ton for doing like and contempOraneOus ser
vice. such railroad shall be deemed guilty of un
just discrimination, which is hereb! prohibited"
| The remedy of the shipper is laid down
as follows:
"In case any railroad subject to this act shall
| do, cause to be done, permit to be done any
m after, act or thing in this act prohibited, or
declared to be uni awful. OF shall omit to do any
| act, matter or thing herein required to be done
son or persons. firm corporation injured there
| by for the damages sustained in consequence OF
such violation; and in such railroad COM