The Montgomery advertiser., 1903-03-14

positions are filled by election as above
 provided they shall continue to be filled
 as now provided by law. If any vacancy | should occur in either of said offices,
 caused by death, resignation or other | wise, the same shall be filled by appoint ment by the Governor, the appointee hold ing for the balance of the unexpired term.
 Provided. that no two of said railroad | commissioners shall be elected or ap- pointed from the same Congressional dis | trict.
 Sec g. The commissioners shall be
 State officers, and. before entering upon the discharge of their duties, they shall | take the oath of office prescribed for | other State officers
 Sec 3. No person owning any stock in
 any railroad corporation, or in the em- ployment of any railroad corporation, or or any person owning or operating & rail-
 road in this State shall be eligible to the office of railroad commissioner.
 Sec. 4. Such commissioners may be impeached and removed from office by
 the Supreme Court for the same causes | and in the same manner as other State officers; and any commissioner who shall | accept any gift, gratuity. emolument, or | employment, from any person or corpora ton owning or operating a railroad in this State, during his continuance in of | flee. except a permit for himself to pass over the railroad of such person or cor poration, shall forfeit his office. and may be impeached and removed from ofice | therefor, or for any other cause of i'm peachmeht.
 Sec. 6 The president of such com
 mission shall receive a salary of thirty | five hundred dollars per annum, and the associate commissioners shall each re- a nf pd a per annum; and they may employ a clerk at a salary not exceeding fifteen hundred dollars per annum, such salaries to be paid as the salaries of State officers are
 paid. All money paid out under the pro- visions of this chapter including such | sum as may be necessary to procure office l furniture and stationery. and to pay | other office expenses, shall be paid on | warrants drawn by the auditor of the l treasurer, but such office expenses shall
 not exceed five hundred dollars per an- mum.
 Sec. 6. Such commissioners shall have an office at the capitol. and shall there meet on the first Monday in every month, September excepted, and shaN remain in | session until all business before them is disposed of; and they shall hold other sessions at such times and places as may
 be necessary for the proper discharge of their duties, or as the convenience of par | ties, in the judgment of the commits sioners, may require; and they shall | keep a record of all their proceedings which shall be open at all times to the l inspection of the public.
 Sec. !. No railroad commissioner, or
 clerk of the commission. shall. during his | continuance in office. personally, or | through any partner or agent, render any | professional services or make or per- 1 form any business contracts for or with | any corporation or person owning or | operating a railroad in this State, except contracts made in the capacity of such
 corporation or person as common car riers.
 Sec. 8. Every person or corporation l operating a railroad in this State must
 annually, at the time of returning its | property for taxation, make return of the | gross earnings of such railroad during | the preceding year; and If such railroad
 is partly in another State the gross earn | ings shall be apportioned to each mile | of train track on the entire line and the
 sum thus apportioned to each mile null | tpded by the number of miles in this
 State, shall be considered the gross earn | ings of such railroad in this State; and should any such person or corporation fail | to make such return of the gross earn ings of such railroad. the auditor shall | ascertain and assess the same from in- | formation. The auditor must then ascer- | tain what percentage of the aggregate of gross earnings thus returned or assessed will be sufficient to pay the expenses of | the railroad commission authorized by | law, and assess license tax against
 every such railroad for the amount of
 such percentage of its gross earnings, and | the person or corporation operating any ch fhn fow
 sessed against 1t to the treasurer on or
 before the first day of June of each year. | Upon the production of the treasurer's
 receipt for such tax, and satisfactory evil | dence that the person or corporation pay
 ing the same Is prepared to transport
 freight and passengers with reasonable
 safety over such railroad. the auditor
 shall issue to such persons or corpora | ton license to operate such railroad
 for one year: and any person or corpo-
 ration operating a railroad in this State
 without such license. shall forfeit one
 hundred dollars for each day while so
 engaged, one-half to any person suing | for the same and the other half to the
 State.
 Sec 9. Such railroad commissioners
 shall have general supervision over all
 the railroads in this State; shall from
 time to time. as they may deem neces- l sary, examine the same ana keep LneIn- | selves informed as to their condition and | the manner In which they are operated | with reference to the security and &C.,
 commodatlon to the public, and their | compliance with their charters and the
 laws of this State; and shall. in writing,
 recommend to the person or corporation
 operating such railroads, or any of
 them, from time to time, the adoption
 of such measures and regulations as the
 commissioners may deem conducive to
 the public safety and interest; and the | commissioners, in the performance of | their duties shall have the right to pass | free of charge on all the railroads in the | State, and to take with them any person
 in their official employment
 | Sec 1O It Is the duty of the railroad | commissioners to consider and carefully
 revise all tariffs of charges for transpor- | tation made by any person or corpora | ton owning or operating railroad in
 this State, and. if in their judgment, any
 such charge is more than just compensa- | ton for the service for which 1t Is pro | posed to be made or amounts to unjust | discrimination against any person. To- | caity or corporation, they shall notify the | party making the same of the changes | necessary to reduce the rate to just com
 pensation or to avoid unjust discrimina- | tion and when such changes are made. or
 when none are deemed proper and expe- dlent, they shall append to the tariff of
 and they shan exercise a watchful and |