The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1907-05-06

that the amount cf business is suiliclenf
20 justify the same. near or within a
reasonable distance Of any railroad track,
may at their o. its expense, build and
keep IN repair a switch leading from
such railroad to such mine, saw mill,
elevator. or other industry such rail-
road company shall be required to fur
nish the switch stand and frog and other
necessary material for making eonnec-
tion with such side track or spur under
such reasonable terms, conditions and
regulations as the said commission may
prescribe. and shall make connection
Herewith. the party owning such mine.
saw mill. elevator or other Industry. to
pay the actual cost thereof If any rail-
road company after proper demand
therefor is made shall refuse to furnish
said material for making said connec-
tlon and put the same in place. or after
the building Of such switch, shall fall or
refuse to operate the same. such railroad
company failing and refusing for rea-
sonable time. shall forfeit and pay TO the
party or corporation aggrieved the sum
Of five hundred dollars for each and
every offense. to be recovered by civil
action in any court OF competent juris-
diction; and every day Of such refusal
on the part OF the railroad company to
operate such switch as aforesaid. after
95ra demand is made. shall be deemed
a separate offense.
Sec "a. AS used in this article. the
term Transportation company shall in
clude any company. corporation, trustee.
receiver. or any other person owning.
leasing or operating for hire. railroad,
street railway. canal. steam boat line,
and also any freight car company, car
association. express company sleeping
car company car corporation. or COM
pany, trustee or person In any way en-
gagged in such business as a common
carrier over a route acquired In whole
or in part under the right Of eminent do
main, or under any grant from the gov
ernment Of the United States; the term
rate" shall be construed to mean rate
Of charge for any service rendered, or
to be rendered." the terms rate"
charge" and regulation shall in
cIude joint rates. not charges and Joint
regulations. respectively the term
transmission company" shall include
any company. receiver or other persons.
owning, leasing or operating for hire any
telegraph or telephone line: the rerm
freight shall be construed to mean
any property transported or received for
transportation. by any transportation
company The term public service cor
poratlon" shall include all transportation
and transmission companies, all gas.
electric light heat and power compa-
nles. and all lpersons authorized to ex-
ercise the right OF eminent domain, or
TO use or occupy any right Of way,
street. alley or public highway whether
along. over or under the same. In a man
ner not permitted to the genral public;
the term person.. as used in this arti-
Gle. shall include individuals. partner
ships and corporations IN the singular as
well as plural number: the term bond
shall mean all certificates or written
evidences OF Indebtedness issued by any
corporation and secured by mortgage OF
trust deed. The term frank" shall
mean any writing or token issued BY OF
under authority OF a transmission com.
pany. emitting the holder TO any service
from such company free Of charge.
The provisions OF this article shall al.
ways be so restricted In their application
as not to conflict with any Of the pro-
visions OF the constitution of the United
States, and as II the necessary limita-
tions upon their interpretations had beer
herein expressed in each case
Sec. S5. After the second Monday in
January, nineteen hundred and nine. the
legislature may by law. from time to
time, alter, amend, revise. or repeal sec
tions from nineteen to thirty-six. inclu-
sive, or any Of them, or any amendments
thereof: provided, that no amendment
made under authority OF this section shall
contravene the provisions OF any part OF
this constitution other than the said sec
tions last above referred to or any sucl
amendments thereof.
Fellow Servants.
Sec. S6. The common law doctrine o
the fellow servant. SO far as it affect
to his servant, resulting from the act
or omission Of any other servant or ser
wants Of the common master, Is abro
gated as to every employe OF every rail
road company and every street railwa,
and Of every person, firm or corporation
engaged. In mining IN this state; an,
every such employe shall have the sam
right TO recover for every injury suf
fered by him for the acts or omission
Of any other employe or employees OF IN
common master that servant woul
have If such acts or omissions were thos
Of the master himself in the perform
anee Of non-asslgnabie duty; and whe
DEATH whether instantaneous or nst re
suits to such employe from any injur
for which he could have recovered unde
} the above provisions, hS1 not death oc
! CURED. then his legal or personal repre-
} sentative, surviving consort or relative
or any trustee. curator, committee O
guardian OF such consort or relatives
shall have the same rights and remedie
with respect thereto as If death had bee
caused by the negligence OF the mastei
: And every railroad company, street rail
way company and interurban railwa
companies and every person. firm 0
} corporation engaged in underground min
! ins Ia this state shall be liable unds
, the above provisions. Tor the acts Of il
trustees or receivers.
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