The Montgomery advertiser., 1907-03-11


 returns shall forfeit. to the State hfty dollars for each day of such failure
 Sec. 21. The Commission may re- quire by order or subpoenas. to De served on any transportation company in the same manner that summons is served al civil action in the Cir cult Court the production within this State. at such time and place as it may designate. of any books, papers or accounts kept by such transportation company m any office, or place without or wlthih the State of Alabama, or verified cop les in lieu thereof, If the Commission shall so order, in order that an exaMi- nation thereof may be made by the Commission or under It's oirect,on. Any transportation company failing or refusing to comply with any such order or subpoena shall, for eacn oay 1t shall so fail, or refuse, forfeit ana pay into the State treasury sum or not less than one hundred dollars. nor more than one thousand dollars.
 Sec. 22 Evey person corpora tion. company or association operating a railroad shall give notice to the CommissIon of every accident happen ing on any portion of its line In this State. which is attended with death or maimine or other serious injury to the person of any one, within nVe odys thereafter, giving facts ana circum- stances of such accident, which any one or more of the Commissioners may investigate, and the result oI such injury, with such oe,aiIs ss .os may deem necessary, shall be entered upon the record of the proceedings or the Commission.
 Sec. 23. Upon complaint of any person, firm, corporation or associa- tion, or of any mercantile, agricultur- all, or manufacturing, society or or any body polite, or municipal orsahi zation, that any of the rates, fares, charges or classifications, or any joint rate or rates are in any respect unreasonable, or unjustly discrimina- tory, or that any regulation or prac- tice whatsoever, affecting the trans portation of persons or property, oI any service in connection herewith are in any respect unreasonable or unjustly discriminatory, or that any regulation or practice whatsoever al . fecting the transportation of persons or property, or any service in connec- ton herewith, are in any respect un- reasonable or unjustly discriminatory, or that any service Is inadequate, the Commission may notify the transpor- tation company complained or that complaint has been made. and ten days after such notice has been given the Commission may proceed to inves- tigate the same as hereinafter provid- ed. Before proceeding to make such investigation, the Commission shall give the transportation company and the complainant ten days notice or the time and place when and where such matters will be considered and determined, and said parties shall be entitled to be heard, through them selves or their counsel, anc shall have kA hA attendance witnesses. If upon such investiga- tion the rate or rates, fares, charges or classification, or any joint rate or rates, or any regulation, practice or service complained of shall be found to be unreasonable, or unjustly dis criminatory, or the service shall be found to be inadequate, the Commis- sion shall have power to fix and order substituted therefor, such rate or rates, fares, charges or classiflcations as 1t shall have determined to be just and reasonable and which shall be charged, imposed and followed in the future, and shall also have power to make such orders respecting such regula- tion, practice or service as it shall de- termine to be reasonable, and which shall be observed and followed in the future.
 Sec. 24. The Commission may, when 
 rate or charge order separate hearings thereon, and may consider and deter mine the several matters complained of separately and at such time as 1t may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the com plainant.
 Sec. 25. Whenever the Commission may believe that any rate or charge 1.H A0Nck 1gr I I4r- criminatory, CT that any service is inadequate. and that an investigation relating thereto should be made. it may on its own motion investigate the same. If after making such in- vestigation the Commission becomes satisfied that sufficient grounds ex- ist to warrant a hearing before order ed to determine whether the rate or charge so investigated is unreasona- ble or unjustly discriminatory. or whether the service investigated is in- adequate, 1t shall furnish the trans portation company or companies in- |. terested a statement setting forth the rate, charge or service investigated, which said statement shall be accom- panied by a notice fixing the time and place for hearing on such rate, | charge or service. as the case may be. Notice may likewise be given to other parties in interest and shall be | given at least ten days in advance of any hearing and thereafter proceed | ings shall be had and conducted in reference to the matter investigated | pursuant to the provisions of Section | 23 of this act This shall be con- strued to permit any transportation i company to make a complaint with | like effect as though made by any | person, firm. corporation or associa- | ton, mercantile, agricultural or man | ufacturing society, body polite, or municipal organization.
 Sec. 26. Each of the Commission CTS for the purposes mentioned in this act, and in all hearings before it shall have power to administer oaths, cer- | tify to official acts, issue subpoenas. compel the attendance of witnesses and the production of papers, way bills. books, accounts, documents and | stationery In case of failure or re-
 fusaL on the part of any person or | persons to comply with any order of | the Commission or any Commissioner, l or any subpoena, or on the refusal | of any witness to testify to any mat | ter regarding which he may be law 1 fully interrogated, 1t shall be the duty of any Circuit Court or City Court in
 this State. or any judge thereof on application of Commissioner. to
 issue an attachment for such person | ply with said order, or to attend be- | fore the commission and produce
 said documents. etc, and give his tes-
 timony upon such matters as may be lawfully required, and said court or | judge shall have power to punish for contempt as in cases of disobedience 1 of a like subpoena issued from such