Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1902-07-09
The
Constitutional
Convention.

"a WI VioliOuc, auQ WITHIN
the Jurisdiction of the said commits
sion, 1t shall have the powers aud
authority of court of record. TO nd =
minister oaths, to compel the stten-
dance Of witnesses and the produc-
ton OF papers, to punish for con-
temps any person guilty of disre-
spectful or disorderly conduct in the
presence of the said commission
while In session, and 10 enforce
compliance with any of it's orders
or requirements, entered by it, with
in the scope of its authority, by adj
Judging aud enforcing, by appropri-
ate executive process, against the
delinquent or offending company
I after 1t shall have deem duly cited,
proceeded against by due process of
law before the said commission
sitting AS court. and afforded op-
portuuity to introduce evidence and
to be heard, as well against the val
idity business or ressonableness of
the order or requirement alleged to
have peea violated, as against the
liability of the company for the
alleged violation, such fines or
other penalties AS may be prescribed
or authorized bv this constitution or
by law. And the said commission
shall pc vested with such additional
powers, and charged with such other
duties III connection with the vista
ton, regulation or control of c0rro-
rations, or with the prescribing and
enforcing OF rates, and charges, to be.
observed in the conduct of any bus
mess where the State has right To
prescribe the Rates aud charges IN
connection Herewith or with the
assessment of the property of cor
portions, or the appraisement of
their franchises for taxation, or
with the Investigation of the subject
of taxation generally, and not incon
sistent with any of the provisions of
this Constitution, as may be pre-
scribed 10y law. Any corporation
failing or refusing to obey any valid
order or requirement of the said
commission, after it goes into effect
and within such reasonable time. mo-
less than ten days, as shall be fixed
IN the order, may be fined by sale
commission proceeding by due pro
cess of law as aforesaid) such sum
not exceeding five hundred dollars
as the said commission NAV deem
proper, or such sum, in excess of fiv,
hundred dollars, as may be pre-
scrioed or authorized by law; an.
each days continuance of such fail
ure or refusal, after due service upol
such corporation of the order or re
quirement of the said commission j,
question, shall be seperate offence
provided, that should the operation
OF such order or requirement be sus
pended pendeng an appeal therefrou
the period of such suspension shall
not be computed against the compa
ny in the matter of its liability t.
fines or penalties.
(d) From any action of said com
mission prescribing rates, charges O
classitic atoms of traffic, or affectin.
the train scedule of any transporta
ton company, or requiring any ad
ditional facilities. conveniences OF
public service of any transportation
or transmission company, or refusing
to approve suspending bond, or al
increase thereof, as provided for il
subs section of this section, an ap
peal Subject to such reasonable lin
itauons as to time, regulations as t
procedure, and provision as to cost
as may be prescribed by law may b,
taken by the corporation whose rates
charges, or classifications of traffic
schedule, facilities, conveniences, OF
service, are affected, or by any per.
son deeming himself aggrieved by
such action, or Off allowed by law
by the Commonwealth. Unless and
until otherwise provided by law, such
appeal shall be taken according to
the same method of procedure in
which appeals are now taken to the
Supreme Court of Appeals from the
inferior courts, except that such an
appeal shall be an appeal of right,
and the Supreme Court of Appeals
may provide by rule for proceedings
in the matter of appeals in any par
ticnlar in which the existing rules of
proceedings in the matter of appeals
IN any particular in which the exist
ing rules of law are inapphcable.
IL such appeal be taken by the cor
poratlon whose rates. charges. or
classification of traffic, schedule.