The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-20

swer if in a court such court shall have
the power to fine and imprison such wit
such testimony may tend to criminate the
person giving it shall not excuse such
witness from testifying, but such evidence
such person on the trial of any criminal
proceeding, nor shall he be liable to Grim
NAL prosecution for or on account of any
transaction. matter or thing concerning
which ne may so testify; provided, that
in its discretion to issue proper process
and take depositions, instead of cOmpel-
ing personal attendance of witnesses, as
dispositions are taken in civil cases. The
sheriff executing any process under the
provisions of this section, or under any
other provisions of this act, shall receive
such compensation as may be allowed by
the. board, not to exceed fees now pre-
scribed by law for similar service in civil
cases. The board is authorized to tax all
costs of hearings to parties or the state,
as in its Judgment shall be just
Sec. II. Upon application OF any person,
the board shall furnish free, certified cop
les of any classification, rates, rules, reg
ulatiOns, or orders; and such certified cop
les, or printed copies published by author
1ty of the board of railroad comTniSSion-
ers, shall be admissible in evidence in any
suit and sufficient to establish the fact
that any charge, rate, rule, order or class
ihcation therein contained and which
may be in issue in the trial, is the official
act of the board of railroad commission
ers; and such determination and orders of
the board shall be prima facie evidence, in
any action in which they are offered, Of
the reasonableness and business OF the
claSSlfiCat1OnS. rates and charges involved
therein, and of all other matters therein
found and determined; and after the lapse
of thirty days from the time such determ-
nations and orders were made, no suit
then pending to set the same aside, and
they remaining in full force and erect,
such determinations and orders shall be
held to be conclusive as to the matters
involved therein. A substantial compli-
ance with the requirements of this act
shall be sufficient to give effect to all de-
examinations and orders made and estab-
lShed by the board
hJnf IN hn of
to which this is supplemental shall pre-
vent the carriage, storage or handling Of
state, or for city, county or town govern
ment, or for charitable purposes, or to
and from fairs and expositions for exhi-
bltlon thereof, or the free carriage or des-
titute and INDECENT persons, or the issu-
ance of mileage or excursion passenger
tickets; nor to prevent railroads from Civ
ing special rates or free transportation to
the officers and members of the Kansas
national guard, to ministers of religion,
inmates of hospitals, eleemosynary or
charitable institutions, or to any railroad
officers, agents, employees, attorneys, wit
nesses attending court or before the COM
missioners on behalf of such railroad COM
pany, stockholders or directors.
Sec. a. 1t shall be unlawful and a VIC
lation of this act, for any railroad com
pany to change the classification of its
without first having obtained an order
from said commissioners permitting SUCH
Sec. 15 The provisions of this act shall
be construed to apply to and affect only
the transportation of passengers, freight,
express matter and cars between points
within this state, by railroad and ex-
press companies and all other common
carriers, not including street railway COM
panieS.
Sec. 16 All the provisions of chapter 2S6
of the Session Laws of 1901, including all
penalties and remedies in case of VIOLA
tons of law or of the orders of the board,
in so far as applicable, shall apply to this
act the same as if said provisions had
been re-enacted herein.
Sec. H. That sections 8 and IS of chap
ter 2S6 of the Session Laws of 1901 and sec
tons and 3 of chapter 391 of the Session
Laws OF 1903 are hereby repealed.
Sec. Is. This act shall take effect and be
in force from and after its publication in
the official state paper.