The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-18

is directed to appear; which shall be
ordered paid by the auditor OF state
who shall draw and deliver his war
rant upon the state treasurer to Such
witness for such amount upon the
presentation of proper vouchers
sworn to by such witness and ap-
/ proved by the chairman of the board.
In case any witness shall fail or re-
fuse to obey a subpoena, said board
or any member thereof, may apply to
any court of competent Jurisdiction to
said witness, directed to any sheriff
/ of the state of Kansas, and compel
him to attend before the board, and
: give his testimony and answer to any
! question upon such matters as snail
! be lawfully required of him. If a wit
| ness, after being duly summoned or
ordered by any court, shall fail or re-
fuse to attend. or to answer any ques-
4 ton propounded to him, and which
he would be required to answer if in
I court, such court shall have the power
to fine and imprison such witness for
contempt. The claim that any such
| testimony may tend to eliminate the
person giving it, shall not excuse such
witness from testifying, but such evil
dence or testimony shall not be used
against such person on trial or any
criminal proceeding, nor shall he be
liable to criminal prosecution for or
on account of any tranSa elton, matter
or thing concerning which he may so
testify: provided, that the board shall
in all cases have the right in its dis
erection, on the application of either
party to a hearing. to issue proper
process and take dispositions, instead
of compelling personal attendance of
witness, as dispositions are taken in
civil cases. The sheriff executing any
process issued under the provisions of
this act, shall receive such compensa-
ton as may be allowed by the board
not to exceed fees now prescribed by
law for similar service in civil cases.
Sec. Is. Upon application of any
No Ia r~6 Cl1 fcf1 f7-kaka
certified copies of any classification,
rates, rules. regulations. or orders, and
such certified copies, or printed copies
published by authority of the board
of railroad commissioners, shall be adj
MISSILE in evidence in any suit and
sufficient to establish the fact that
any charge, rate, rule, order, or claS-
sification therein contained, and which
may be in issue in the trial, is the
official act of the board of railroad
commissioners; and such determina-
lions and orders of the board, shall
be prima facie evidence in any ac-
ton in which they are offered of the
reasonableness and business of the
classificatio tons, rates and charges in
volved therein and of all other mat
tiers therein found and determined;
and after the lapse of thirty days from
the time such determination and order
were made, they remaining in full
force and effect and no suit pending
to have them set aside, such deter
mutations ana ORDERS snail De nolQ
to be conclusive as to the matters in
volved therein. A substantial COM
pliance with the requirements of this
act shall be sufficient to give effect to
all the classiflcations rates, charges.
rules. regulations, requirements and
orders made and esta blished by the
board of railroad commissioners, and
none of them shall be declared inoper-
ative for any omission of a technical
matter in the performance of such act.
Sec. II. Nothing therein shall pre-
vent the carriage, storage or handling
of freight free or at reduced rates for
the state, or for city, county, or town
government, or for charitable pur-
poses, or to and from fairs and expo
sitions for exhibition thereof, or the
free carriage of destitute and INDECENT
persons, or the issuance of mileageI
or excursion passenger tickets, nor
prevent railroads from giving special
rates or free transportation to the Of
fcers and members of the Kansas Ma
tional Guard, to ministers of religion,
inmates of hospitals, eleemosynary or
charitable institutions.
Sec. Is. The provisions of this act
shall be construed to apply to and af-
feet only the transportation Of paSSen-
gers, freight, express matter and cars
between points within this state, by
railroad and express companies and
all other common carriers, not includ-
ing street railway companies.
Sec. 16. All the provisions of chap
ter 700 OF the session laws OF 1871, /
including penalties and remedies in |
case of violations of law or of the or
ders of the board. in so far as applf- !
ca BILE, shall apply to this act the same
as if it had originally been enacted as
a part of and included in said chapter. |
Sec II. That sections s, 10. 8 and
% of chapter 2s6 of the session laws
Of 1901, and sections 2 and of chap
ter 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
in the official state paper.