The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-03-06
RAILROAD COMMISSION LAW.

RAILROAD COMMISSION LAW.
The railroad commission law en-.
acted by the tenth assembly is now In
effect, and while there may prove to
be defects in some of its provisions it
is believed great good will result from
its enactment. The defects, If any,
eau be remedied by amendments at
some future time.
The provisions of the measure are
quite lengthy, but their substance is
given in this newspaper summary:
1t is the duty of the board under
this act to classify and subdivide all
freight and merchandise that may be
transported over the lines of the state.
The board may also regulate rates
whenever such action is deemed fair
and necessary. The board may also
fix for any connecting line in the state
reasonable joint rates or freight
charges. All classi1ca atoms and rates
fixed shall become effective 20 days
after the roads affected shall have re.
ceived official notice of the action OF
the board. Any failure on the part Of
the road to comply with this provi.
sion makes it liable to the extent OF q
fine of from one to five hundred dol.
lars for each day of such violation.
The board Is also authorized to es.
tablish rates in the passenger service.
The board is given authority for the
purpose of making any investigat /
in the of examining the books
and records of the several roads.
Relative to accidents and the inves.
tigation of the destruction ofsproperty
to the extent of $1,000 or over, the
board Is empowered to hold hearings
and the roads are compelled to ofici.
ally notify the board of any accident
or case in which property damages
occur. Witness fees of $500 a day
and mileage of 5 cents a mile are al.
lowed. No person can be excused from
attendance upon any hearing upon the
SfOuuu tuoV ~ WAIA VCuu w AaCIlA1lIAoVO
him, but no witness may be prosecuted
on any matter regarding which he has
te stiied.
The attorney general of the state
and the county attorney of every
county is compelled to furnish his
services 10 the board on any matter
in which advice or action is necessary.
Special counsel may also be employed
when necessary. The bill goes further
and provides that all actions insti-
tuted in the district court by the
board shall have precedence over all
other actions except criminal Eases
Actions to review the determination OF
the board fixing any classification or
rate, must be commenced in the dis
trict court of the county having juris-
diction.
Railroads under the provisions OF
this act are deemed guilty of extortion
in charging q greater or less CON-
pensation for any service rendered
and exclusive of excursion rates, and
shall be fined not less than five hun
dred or more than two thousand dol
lars for each separate otfense. The
district courts are authorized to en-
force the rulings of the board by in
junction or other process of law. Thu
burden OF proof rests with the defend
ant. The penalty for failure to com
ply with the rulings Of the court Is no
more than one thousand dollars fin
or imprisonment. Appeals may b.
made to the supreme court. Twelv'
!, months is allowed any person to re
cover any excess charged by the rail
roads.
Roads may bring action against tn
board when it Is believed the rates an
: classification are unjust. but the rate
fixed by the board must be maintaine
! until the final decision OF the court
. Costs in such actions will be fixed b
. the courts. Individuals, such as shil
: pers, may also bring actions on tn
3 same ground against the board unde
the same governing conditions. Upo
the failure Of the board to investiga'
. any action within sixty days, In cast
wherein Q penalty should have bee
collected, any person or shipper 81
. ing notice Of the necessity for sue
n action, may institute proceedings
r the name Of the state.
-. The act provides strictly that . pc
atty of q ine Of i've hundred dolla'
. or elk months imprisonment. or bot
shall be Visited upon any corporate
ID or its representatives, or any memb
OF the board who shall offer or recei'
any gratuity.
The board must require annual 81
- :, other reports when necessary, fro
III the roads and must keep the govern
u and attorney general informed Is
!, such matters and affairs of the OH
c' at stated periods, and whenever it m