The Montgomery advertiser., 1903-01-27


 which said schedule, rules and reguia- tons shall take effect as to such ratl- road at the date which may be fixed by said Commission. not less than twenty days from the date the same Is furnished such railroad. Each of said railroad com panics shall cause said schedules to be printed in type of a size not less than pica. and shall cause the same to be post. its depots. so as to be inspected by the public. Said Commission may. at any tune. abolish, alter or in any manner amend the said schedules or abolish or amend any such regulations. and In that event certified copies of the schedules, rules or regulations, showing the changes therein. shall be delivered to each road as hrein specified. In all eases where the Commission, no changes shall be made ex- cept after ten days notice to and con sent of the Commission.
 Investigation of Complaints.
 Sec. g Any person, firm, corporation or association. or any mercantile. agri- cultural mining or manufacturing aSso- ciation or any body polite or municipal organization complaining of anything done or omitted to be done by any railroad subject hereto, in violation of any law or this State, or the provisions of this chap ter for which penalty Is provided, may apply to said Commission in such manner and under such rules as the Commission may prescribe; whereupon. If there shall aDDcaf IO the COtHIlSSiOH tu uS any va sonable grounds for investigating such complaint. 1t shall give at least i've days notice to such railroad Of such charge or complaint, and call upon said road to answer the same at a tune and place specified byth O Commission. The Commission shall investigate and deter mine such complaint under such rules and mode of procedure as 1t may adopt. If the Commission find that there has Abeen a violation, 1t shall determine if Vthe same was willful; if 1t finds that such violation was not wilIfui, it may call upon said road to satisfy the damage done to the complainant thereby, stating the amount of such damage, and to pay the cost of such investigation. and If the said railroad shall do so within the time specified by the Commission, there shall be no prosecution by the State; but If said railroad shall not pay said damage and cost within the time specified by said Commission. or if the Commission ind such violation to be wiilful. 1t shall in- stitute proceedings 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 Ala bama. Ali evidence taken before said Commission in the investigation of any such complaint, when reduced to writing and signed and sworn to by tine wit nesses, may be used by either party--the State, complainant or the railroad conn pany--in any proceeding against such railroad involving the same subject mat
 
 sion may require the testimony so taken before them to be reduced to writing when they may deem 1t necessary. or when requested to do so by either party to such proceedings. and certified copy, under the seal of said Commission, shall be admissible in evidence upon the trial of any cause growing out of the same transaction against such railroad. involv- ing the same subject matter and between the same parties. The provisions of this section shall not abridge or affect the right of any person to sue for any pen aiIy that may be due him under the pro visions of this chapter. or any other law of this State.
 Sec. 9. The Commissioners. or any of them, or such persons as they may en- ploy therefor. shall have the right, at such times as they may deem necessary, to inspect the books and papers of any railroad company. and to examine under oath any officer, agent or employe of such railroad in relation to the business and affairs of the same. If any railroad shall refuse to permit the Commissioners. or any of them, or any person author ized thereto, to examine it's books and papers, such railroad company shau for each ofrense, pay to the State of Alabama not less than $125 nor more than $500 for each day 1t shall so fall or refuse; provided. that any person other than one of the Commissioners who shall make any such demands shall produce his authority, under the hand and seal of said Commission. to make such inspection.
 Sec. 24. The Commission shall ascertain as early ss practicable the amount of money expended in construction and Alabama. the amount of money expended to procure the right-of-way and the amount of money 1t would require to re- construct the road-bed. track, depots and transportation, and to replace all the phy- slcal properties belonging to the railroad. It shall also ascertain the outstanding bOnds debentures and indebtedness, and tho amount respectively thereof, when issued, and the rate of interest. when due, for what purposes issued, how used, to whom issued, to whom sold. and the price in cash, property or labor, if any, received therefor what became of the proceeds, by whom the indebtedness is held. the amount purporting to be due thereon, the floating indebtedness of tho company, to whom due, and his address, the credits due on tt, the property on hand belonging to the railroad company, and the judicial or other sales of said roads, its property or franchises, and the amounts purporting to have been paid, and in what manner paid therefor The Commission shall also ascertain the amounts paid for salaries to the officers of the railroad and the wages paid to it's employees. For the purpose in this article named, the Commission may employ sworn experts to inspect and assist them. when needed, and from time to time. as the information required by the section is obtained. 1t shall communicate the same to the Attorney-General by report and file a duplicate thereof with the Au- dItor for public use, and said information shall be printed from lime to time ih the annual report of the Commission.
 Required to Secure Information.
 Sec, % The said Commission shall cause to be prepared suitable blanks with questions calculated to elicit all tnforma- ton concerning railroads, and as often as 1t may be necessary furnish said blanks to each person or corporation operating any railroad or transportation company. And any such person or corporation re- ceivlng from the Commission any such blanks shall cause said blanks to be prop erly filled out SO as to answer fully and correctly each question therein propound- ed, and in case they are unable to answer any question, they shall give a satisfac- tory reason for their failure; and the said answers duly sworn to by the proper officer of said company shall be returned to said Commission at its office in the city of Montgomery within thirty days from the receipt thereof.
 (a.J If any officer or employe of a rail road company shall fall or refuse to fill out and return any blanks as above re- quired, or fall or refuse to answer any questions therein propounded. or give a false answer to any such questions, where the fact isqured of Is within his knowl- edge or shall evade the answer to any such question, such person shall be gull tv of a misdemeanor, and shall, on con viotion thereof, be fined for each day he shall fail to perform such duty after the expiration of the time aforesaid, pen altv of $500 and the Commission shall cause a prosecution thereof in the proper court; and penalty of like amount shall he recovered from the company when 1t appears that such person acted in obedi-