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


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 APP
pointed from the same Congressional dis
triet
Sec. q 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.
See. g. No person owning any stock in
any railroad corporation. or IN the en-
ployment of any railroad corporation. or
Of any person owning or operating a 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 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 lmpeached and removed from office
therefor, or for any other cause Of i'm
parchment
Sec. 8. The president of such COM
mission shall receive a salary of thirty
five hundred dollars per annum, and the
associate commissioners shall each re-
ceive a salary OF three thousand dollars
per annum; and they may employ clerk
at q 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
furniture and stationery, and to pay
other Office expenses. shall be paid on
warrants drawn by the auditor of the
treasurer, but such office expenses shall
not exceed five hundred dollars per an
mum.
Sec 8. Such commissioners shall have
an office at the capitol. and shall there
meet on the first Monday In every month,
September excepted, and shall 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
sloners. may require; and they shall
keep a record OF all their proceedings
which shall be open at all times to the
inspection of the public
Sec. 7. 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-
form any business contracts for or with
IN nufptnp t1r
operating railroad in this State, except
contracts made in the capacity of such
corporation or person as common car
rlers.
Sec. s. Every person or corporation
operating a railroad In this State must
annually, at the time Of returning It's
property for taxation make return of the
gross earnings of such railroad during
the preceding year; and II such railroad
Is partly In another State the gross earn
ings shall be apportoned to each mile
of train track on the entire line. and the
sum thus apportioned to each mile null
tplied by the number of miles in this
State. shall be considered the gross earn
lngs of such railroad In this State; and
should any such person or corporation fan
to make such return of the gross earn
lngs of such railroad. the auditor shall
USHel ldin anu DfSehS lilo hhf1t lIbiA III
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 mmisslon 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
such railroad shall pay the tax so as
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
fire. ght and passengers with reasonable
safety over such railroad the auditor
shall issue to such persons or corpora
ton IA license to operate such railroad
for one year; and any person or corpo-
rntion 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 O. Such railroad commissioners
shall have general supervision over all
the railroads In this State; shall, from
time TO time, as they may deem neces-
sary examine the same, and keep them
selves informed as to their condition and
the manner In which they are operated
with reference to the security and ae-
commodation 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
lot nna a
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 thoir official employment.
Sec. TO- 1T 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 II In their judgment, any
such charge Is more than just compensa-
ton for the service for which it Is pro-
posed to be made, or amounts to unjust
discrimination against any person, To-
cality or corporation, they shall notify the
party making the same OF the changes
necessary to reduce the rate to just com
pensatlon or to avoid UNJUST dlscrlmina-
ton and when such changes are made, or
when none are deemed proper aud expe-
dent, they shall append to the tariff OF
charges a certificate of their approval;
and they shall exercise a watchful and
careful supervision over all tariffs and
their operation, and revise the same, from
time to time, as justice to the public and
the railroads may require, and Increase
or reduce any Of the rates, as experience
and business operations may show to be
Just but In revising the tariff. the COM
mlssioners shall take into consideration
the nature OF the gervlce TO be performed;