The Montgomery advertiser., 1907-12-20

Commission l., she name of the State of Alabama in the Circuit Court or court of like jurisdictions of Montgomery County, and the amount recovered in such action shall be paid into the State treasury and credited to the general fund.
 Sec. s. It shall be the duty of every common carrier subject to the super vision of the Railroad Commission to file with the Commission, within thir- ty days after any such contract or agreement shall be made. sworn copies of every contract, agreement or arr aoBIluoo IsIosds 6IsAs 10 pus uoIlviodIoo peoIlIvI 10 IsIIIvo uommoo Isq3o kuB u1IA 3usmsSuBI or agreement made with any shipper or with any logging or lumber road. relating In any way to the transpor- tation of passengers. freight or prop erty. and shall within sixty days after the passage of this act. file with said Commission. sworn copies of all such contracts, Agreements or arrangements of such character as had been executed and were in force at the time of the passage of this Act.
 Sec. g. Copies of all official docu- ments and reports filed or deposited according to law in the office of the Railroad Commission. and all records of its offics. certified by the Commits sion or any member thereof, or by the clerk or secretary of the Commission to be true copies of the originals. under the official seal of the commits sion, shall be received in evidence in any court in like manner as the orig inal.
 Sec. 10. The Railroad Commission shah have the power and authority to make rules and orders relating to and regulating the builetinfng by all railroad corporations operating in this State, of the arrival and depart ure of all regular passenger trains over ten minutes late, and to prescribe rules and make orders relating to and regulating the changing of the time schedules of regular passenger trains and the public notices to be given of such changes; and it shall be the du- ty of every such railroad corporation their agents and employees. to obey, observe and comply with said rules orders and regulations. Sec. II. Every railroad corporation street railroad corporation, or com- mon carrier, subject to the supervision of tho railroad commission, and all officers. agents and employees of the same, shall obey. observe and comply with every order made by the Rail- road Commission, under the authority of this act and of any acts heretofore passed Any railroad corporation or street railroad corporation, or other common carrier, subject to the supe-. vision of the Railroad Commission. which shall do or cause to be done or permit to be done any matter, act or thing in this act prohibited or declared to be unlawful, or shall omit to do any act matter or thing required to be done by 1t, or shall fail, refuse, neg 1ect or omit to perform any duty by this act required to be performed. for which a penalty has not been provid- ed, or shall fail. refuse, omit or neg lect to obey any lawful order or re- auirement of the Railroad Commission. for which a penalty has not been pro- vided, shall forfeit toN the State of AL abama q sum not exceeding two thous- and dollars for each offense, to be fix- ed by the court or judge trying the case: and every such violation, failure, refusal, neglect or omission, shalt constitute a separate and distinct or fense, and. in case of a continuing vio- lation, each and every days continu- anca thereof shall be, and be deemed to be, a separate and distinct offense. In construing and enforcing the pro- visions of this act, the act, omission' or failure or refusal, of any officer, agent, or other person acting Tor or employed by any such common carrier,
 
 duties or employment, shall in every case be, and be deemed to be, the act, omission, failure or refusal Of such common carrier. Every officer. agent or employe of any such common car rier or corporation who shall violate, or who procures, aids or. abets any violation of any provision Of this act, or who shall fail to obey, observe or comply with any order of the railroad commission or any provision of any order of the commission, or who pro- cures, aids or abets any such common carrier or corporation in its failure to obey, observe and comply with any such order or provision, shall be guilty of a misdemeanor, and upon conviction shall be fined 8 sum not exceeding five hundred dollars for each offense, to be fixed by the court or judge trying the case. Any officer, agent or employe shall be subject to indictment or prose- cution in any county in which sub ordinate agent or employe of the car rier violates any of the provisions of this act or any rule or order Of the railroad commission, by the direction or in consequence of the direction of such officer, agent or employe; and the agent or employe who locally in any county violates any of the provis- ions of this act or any of the rules or orders of the railroad commission, in
 
 of his superior officer or agent of the carrier, may be called as a witness and be compelled to testify, showing the authority by which he acted, and such testimony shall not be used against him. nor shall he thereafter be subject to indictment for said offense.
 Sec. 13. The printed reports of the railroad commission, publish ed by its authority, or any part thereof. shall be admissible in evidence in any court in Alabama without further proof, and any schedule of rates made or approved by the commission or any part thereof, and any order passed or rule or reg ulation prescribed by the commission shall be admissible in evidence in any court upon the certificate of the com mission or any member thereof or of the clerk or secretary of the commits sion.
 Sec. If. When shipment of freight shall pass over the whole or part of two or more railroads, the rate to be charged shall be either a continuous mileage rate, not exceeding the lawful rates, or a rate for each road, not greater than it's lawful maximum rate for the distance hauled oyer its roads, less than ten (1O) per cent, as the railroad commission may, in its judgment, determine. And the Railroad Commission shall have the power and it shall be its duty to es- tablish rule or order. applicable to each railroad doing business, in this State, prescribing which railroad shall for such shipments, charge the contin- uous mileage rate and which shall charge a rate not greater than it's law