The Montgomery advertiser., 1903-03-14

or by attorney, and they shall examine such witnesses and other evidence as the parties shall offer. Upon the hearing of the matter, said railroad commission shall determine whether the rate or rates complained of are reasonable. If they determine such rate or rates are reason able, they shall so declare; but if they detsrmine that such rate or rates are unreasonable, then they shall fix and determine what are reasonable rate or rates in the case or cases complained of. and shall enter an order fixing and es- tablishing the rate or rates to be there after charged in the case or cases com plained of. The said commission may ad- judge the costs of such proceedings against either the party complaining and his surety, or against the railroad com plained of as the equities of the case may require. The items of cost to be taxed In such cases shall correspond in amount to like items allowed by law in cases in the Circuit Courts of this State.
 Sec. A When any line of railroad con- sists Of two or more railroads under one general management, or when there are connecting lines of railroad. such com missioners shall fit joint local rates of freight so as to avoid. as far as possible, the injustice of combined local rates in the transportation of freight over such line or lines, but in making any such rates. they shall have due regard for the value of the services to be performed, and the rules and principles governing such transportation, and shall not, in any instance make any rate which does not allow the persons or corporations. ope- rating such lines a fair and reasonable compensation for the services to be per- formed.
 Sec. 13. Whenever, in the Judgment of the railroad commissioners, repairs are necessary upon any railroad In this State or any addition to the rolling stock, or any addition to, or change of stations. or station houses, of any such railroad. or any change in It's rates of fares or transporting freight or passengers or any change in the mode of operating Its road, or conducting It's business. is req sonable and expedient, in order to pro- mote the security, convenience. or ac- commodation of the public. they shall, in writing. notify the person or corpora tion operating such railroad of the re- pairs, Improvements, or changes which they adjudge to be proper: and report of such notice, and the proceedings there on, shall be included in the annual re- port of the commissioners to the gov ernor.
 Sec. 14 When such commissioners deem it necessary that any railroad in this State. or any portion thereof. should be fenced, they shall notify the person or corporation operating such railroad or their conclusion; and upon failure. af- ter reasonable notice. to fence such rail- road or the portion thereof designated, the person or corporation operating such railroad shall be liable in damages fol the value of any stock injured or killed upon the portion of the line so desig- mated to be fenced, whether with or with out negligence; but if the fence is erected in conformity to the notice, no liability shall attach for stock injured or killed upon the portion of the line so fenced, unless such injury or killing was com mitted willfully
 Sec. 16 When any matter relating to the regulation or supervision of any rail- road In this State, or of any person or corporation operating any such railroad, and coming within the jurisdiction of the railroad commissioners, has been deter mined by them in the course of any pro- ceeding before them, proof of such deter imitation to be made by a copy thereof certified by the president or their clerk, shall be received in any suit, or other le- gal proceeding in any court, or before any officer, as prima fade evidence that the determination made by them of such matters was right and proper.
 Sec 16 The manager of railroads, ope- rated in this State, shall furnish such commissioners with all information re- Qured by them relative to the manage ment of their respective lines and with copies of all leases, contracts and agree ments made by them with express, sleep ing car or other companies, to which fjAG ofP and such commissioners shall have at all times, access to the list of stockholders Of every corporation operating 8 rail- road in this State, and they may, at any time, cause the same to be copied, or any part thereof, for their own informa- ton. or for the information of persons owning stock in such corporation.
 Sec i7. Every person or corporation operating a railroad in this State must, on or before the first day of September Of each year, make to the commissioners in duplicate, in the manner prescribed, and upon blanks to be furnished by them, annual returns of the business of such railroad up to the close of Its business on the thirteenth day of June next preced- ing; and any such person or corporation, failing to make such returns shall for felt to the State fifty dollars for each day of such failure.
 Sec. 18. Every person or corporation operating a railroad shall give notice to the commissioners of any accident hap pening on any portion of Its line within this State. which is attended with serious injury to the person of any one, within twenty-foir hours thereafter; and upon receiving such notice, or upon public ru- nor of such accident. one or more of the commissioners may repair to the scene of the accident, and inquire into the facts and circumstances thereof; and the re- suit of such inquiry, with such details as may be deemed necessary. shall be en- tered upon the record of the proceedings of the commissioners, and embraced In their annual report
 Sec. 1s. Upon the application in writ ing of director, or of persons owning one-fftieth part of the entire paid-in cap ital stock of any corporation operating railroad. or of the bonds or other evil dences of indebtedness of such corpora ton. equal in amount to one-nftieth part of Its capital stock, the commission CTS shall make an examination into the books and financial condition of such corporation, and may. in their discretion cause the result of their examination tn be published in one or more newspapers in this State
 Sec. 20 Such commissioners may sum mon and examine. under oath. such wit nesses as they may think proper in re latton to the affairs of any railroad in this State. or of any person or corporation operating such railroad: and any witness summoned before such commissioners may he sUorn hv apv ope oP tbapo