The Birmingham age-herald., 1907-12-20

one or both. at the discretion of the jury
 Approved November 29, 1907.
 Official:
 Frank N. Julian.
 Secretary of State.
 No. 36) AN ACT (S. 12. To prohibit railroads and other common
 carriers or terminal companies or other companies or persons controlling access
 to passenger trains, from preventing
 access to regular trains carrying pas
 sengers, by the use oT fences, gates.
 bars. or by any means whatsoever. by
 any person desiring to take passage on
 said trains, between points within this
 State when such person has offered to
 purchase a ticket at the rate prescribed
 by statute fixed by the Railroad
 Commission and the sale of such ticket.
 at such rate has been refused, to pre-
 scribe the penalty for violations there
 of, the period within which pro-
 ceedings may be instituted to recover
 such penalties, and the procedure for
 the recovery of the same.
 Section 1. Be it enacted by the Legisla- ture of Alabama, That whenever any common carrier of passengers or rail- road corporation, doing business as q common carrier of passengers in this State. shall fail to keep for sale or to sell on demand at any of It's regular sta- tions within this State, at the rate pre- scribed by statute or at the rate fixed by the Railroad Commission, tickets for transportation between regular stations within this State, it shall be unlawful for the railroad company or common car- rier, or any terminal company or other company or person controlling access to passenger trains, it's officers, agents or employees, to prevent, by the use of fences, bars, gates, or in any way or by any means whatsoever intending pas sengers or persons who desire in good faith to take passage at such regular station for a journey to another regular station within the State, from reaching and boarding or taking passage on such train. A
 Sec. g. Every common carrier or rail- road corporation, terminal company 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 than two hun dred dollars, nor more than one thousand dollars for each and every soffense 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 common carrier or railroad cor poration, or by such terminal company or such other person or company acting within the scope of his official duties or employment, in preventing such person from reaching, boarding or taking pass age, on it's trains, shall be in every case. and be deemed to be, the act of such common carrier or railroad corporation
 Sec. 8. Any officer, agent or employe 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 offense
 Sec. 4. A civil action to recover the for feiture provided for in Section of this Act. may be brought in any Circuit Cou- t or court of like jurisdiction. in any coun- ty in which such common carrier or raii- road corporation does business, in the name of the State of Alabama. at any time within ten Q0) years from the com mission of the act prohibited and made unlawful by Section l 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 com plaint, but such complaint shall be signed by the citizen instituting the suit, or for him and in his name by his agent there unto authorized in writing, and by the at torney such citizen may engage to repre- sent the State as plaintiff; and such citi- zen so instituting said suit shall be en- titled to one-half of the amount recov- cred, to be paid to him by the check of the court. or the attorney of record, when the same is collected. the remainder of such recovery to be by the clerk of said court turned into the State treasury. Such suit so instituted by any citizen shall be, and be deemed to be. suit by the State of Alabama against such common carrier or railroad corporation. It shall be no defense to any suit to recover such forfeiture that a temporary restraining order or injunction pendente lite has been ganted or instituted. which undertakes to enioin or delay the enforcement of the rates prescribed by statute, or any of them. or the statute or order prescrib- ing such rates. or that the common car rier or railroad corporation has been en- joined or restrained by temporary re- straining order or injunction pendente lite from putting in force such statutory rates or charges, or the rates or charges es- tablished by the Railroad Commission, or the statute or order prescribing such rates. at the suit of any person or cor poration: but nothing in this act con talned shall be deemed or taken to con fer the right to obtain such injunction or restraining order, or to file bill or suit wherein such injunction or order might be obtained.
 Ii Sec. 5. That this Act shall go into ef- feet ten days after its passage and ap- proval.