The Montgomery advertiser., 1907-12-20

| such person or rscorporation; or any per- | son who shall buy or receive for the purpose of using. or use or attempt to operated upon such street railroad. will | fully in violation of any such rules or | regulations or with the intent to de- fraud the person or corporation oper- atipg such street railroad, shall be | guilty of a misdemeanor, and, upon | conviction, shall be, for each offense. | fined not exceeding One Hundred Dol lars. and may also be sentenced to im- | prtsonment in the coupty jail, or to | hard labor for the county. for not ex- ceeding six months. one or both, at the discretion of the jury.
 Approved November 23. 1907. | Official t Frank N. Julian.
 Secretary of State. No. 3s.) AN ACT, (S. 12. | To prohibit railroads and other com- mon carriers or terminal compa- nies or other companies or persons controlling access to passenger trains, from preventing access to regular trains carrying passengers. by the use of fences, gates, bars, or by any means whatsoever. by any person desiring to take pas
 sage on said trains. between points within this State when such person has offered to purchase . ticket at the rate prescribed by, statute or fixed by the Railroad Commission. and the sale of such ticket. at such rate. has been re- fused, to prescribe the penalty for violations thereof. the period with In which proceedings may be in stituted to recover such penalties, and the procedure for the recovery of the same.
 Section 1. Be it enacted by the Leg islature of Alabama. That whenever any common carrier of passengers or railroad corporation. doing business as . common carrier of passengers in this State. shall fail to keep for sale or to sell on demand at any of its regular stations within this State. at the rate prescribed by statute or at; the rate fixed by the Railroad Commission, tick cts for transportation between regular stations within this State. it shall be unlawful for the railroad company or common carrier, or any terminal com pany or other company or person con- trolling access to passenger trains, its officers. agents or employees to pre- vent. by the use of fences, bars, gates, or in any way or by any means what soever. intending passengers or per- sons who desire in good faith to take passage at such regular station for . journey to another regular station within the State, from reaching and boarding or taking passage on such train. lRsc5 Ep P sGSi E~tHt
 Sec. g. Every common carrier or railroad corporation. terminal com pany or person controlling access to passenger trains. which shall violate any provision of this act, shall forfeit to the State of Alabama sum not less that two hundred dollars. nor more than one thousand dollars. for each and every offense to be determined by the court or judge trying the case. That act of any officer, agent or other person acting for or employed by any com mon carrier or railroad corporation, or by such terminal company or such oth- CT person or company acting within the scope of his officiai duties or employ ment in preventing such person from reaching. boarding or taking passage. on it's trains, shall be in every case. and be deemed to be, the act of such common carrier or railroad corpora ton.
 Sec. 3. Any officer. agent or empioye of any common carrier or railroad cor- poration, or of such terminal company or other company or person. who shall violate, or who procures, aids or abets any violation of. the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars, nor more than five hundred dollars for each of fense.
 Sec. 4. A civil action to recover the forfeiture provided for in Section of this act, may be brought in any circuit court of court of like Jurisdiction, in any county in which such common car rier or railroad corporation does busi- ness. in the name of the State of Ala bama, at any time within ten (1o) years from the commission of the act prohibited and made unlawful by Sec tion of this act. Any citizen of the State. may institute and prosecute to judgment such suit or action, in the name of the State of Alabama, without his name appearing in the complaint. but such complaint shall be signed by the citizen instituting the suit, or for him and in hia name by his agent thereunto uthorized in writing. and by the attorney such citizen may en- gage to represent the State as plain tiff; and such citizen so instituting said suit shall be entitled to one-half ofthe amount recovered, to be paid to nm by the clerk of the court, or the attorney of record, when the same IS collected' the remainder of such recovery 10 oe' by the clerk of said court, turned into inc State treasury. Such suit so insti- tuted by any citizen, shall be, and De deemed to be, a suit by the State Of Alabama against such common carrlcr or railroad corporation. IL snail pc no defense to any suit 10 recover Sucn ioF- feiture that a temporary restraining order or injunction pendente llte mas been granted or instituted. which un- dertakes to enjoin or delay the enS forcement of the rates prescribed py statute. or any of them. or the statute or order prescribing such rates. or that the common carrier or railroad corpo- ration has been enjoined or restrained, by temporary restraining order or in- function pendente lite from putting Tn force such statutory rates or charges or the rates or charges established py the Railroad Commission, or the stat ute or order prescribing sush rates, at the suit of any person or corporation; but nothing in this act contained shall be deemed or taken to confer the right to obtain such injunction or restrain ing order. or to file bill or suit where in such injunction or order might be obtained.
 Sec. 5. That this act shall go into effect ten days after it's passage and approval. -.
 Sec. 6. That all laws and parts of laws in conflict or inconsistent with the provisions of this act be, and they are hereby repealed.
 Approved December ,, 1907. Official.
 Frank N. Julian,
 Secretary of State.