The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14


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 IL
they determine 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-
tabllshing the rate or rates to be there
after charged In the case or cases com
planned 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
planned 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. IL When any line Of railroad con-
| sists or 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. Is. 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
aAdiffnn IN oh ~ 81. To-
or station houses OF any such railroad,
or any change In Its rates of fares or
| transporting freight or passengers or any
| change In the mode OF operating its
road, or conducting Its business, Is rea-
| 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
ton operating such railroad of the re-
pairs, improvements, or changes which
| they adjudge to be proper; and a 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. H. When such commissioners
| deem Ii necessary that any railroad In
this State, or any portion thereof, should
| be fenced, they shall notify the person
| or corporation operating such railroad of
| 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 for
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 II 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 wilfuly.
Sec. Is. When any matter relating to
the regulation or supervision of any rail-
road In this State, or of any person or
corporation operating any ouch railroad.
and coming within the jurisdiction Of the
| railroad commissioners has been deter
mined by them In the course Of any pro-
| ceodlng before them, proof of such deter
mination to be made by a copy thereof
certified by the president OF their clerk,
| shall he received in any suit, or other le-
| gal proceeding In any court, or before
any officer, as prima facie 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-
qulred 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
they are parties or affecting such lines,
and such commissioners shall have. at all
| times access to the list of stockholders
| of every corporation operating a rail-
road In this State, and they may, at any
| time cause the same to be copied, or
| IL.
| ton. or for the information of persons
owning stock In such corporation.
Sec II. 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,
| falling to make such returns, shall for
| felt to the State fifty dollars for each
! day of such failure
| Sec. is. 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-four 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. 10. Upon the application In writ
ing of a director, or Of persons owning
one-fftleth part Of the entire pald-in cap
| ital stock of any corporation operating
| a 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
ers shall make an examination into
the books and financial condition of such
| corporation. and may. In their discretion.
cause the result Of their examination to
| be published In one or more newspapers
in this State.
Sec 90 Such commissioners may sum
| mon and examine, under oath. such wit
nesses as they may think proper In re-
| lation 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 be sworn by any one of them.
| witnesses summoned TO appear before the
| commissioners shall be entitled to the
| same per diem and mileage as In circuit
| court and when summoned on behalf of
| the commissioners. thew shall be paid
| by warrant of the auditor on the treas
urer. drawn on the certificate Of the
president, stating the amount to which