The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-11

/ persons and compel them to comply with
| said order, or to attend before the COM
| mission and produce said documents, etc,
| and give his testimony upon such mat
ters may be lawfully required, and
said court or judge shall have power to
! punish for contempt as in cases of dis
obedience of a like subpoena issued from
such court, or a refusal to testify therein.
Sec. 2612. No person shall be excused
from attending and testifying or from
| producing books. papers, tariffs, con-
| tracts agreements and other documents
! before the Railroad Commission, or
/ in obedience to the subpoena of the Com
| mission. whether such subpoena be signed
| or issued by one or more Of the men,
| bers of the Commission. in any investi-
CATION held by or before the Commission
or in any cause or proceeding in any
| court by or against the Railroad Com
| mission provided for In this act on the
ground or for the reason that the testi-
mony or evidence. documentary or other
wise, required of him may tend to
| eliminate or subject him to pen
atty of forfeiture But no person
| shall be prosecuted or subjected to any
penalty or forfeiture for or on account of
any transaction. matter or thing. con-
| corning which he may be required to tes-
| tify or produce evidence. documentary or
otherwise, before said Commission, or in
| obedience TO its subpoena or in any such
cause or proceeding, provided, that no
person SO testifying shall be exempted
from prosecution and punishment for per-
jury committed in so testirying.
Sec. p. Each witness who shall APP
/ pear before the Commission by its order
shall receive for his attendance the fees
| and mileage provided for witnesses in
| civil cases in courts of record. which
shall be audited and paid by the State
| in the same manner as other expenses
are audited and paid, upon the presen-
! tation of proper vouchers. sworn to by
such witness, and approved by the presi-
! dent of the Commission, provided that
| no witness subpoenaed at the instance
| of parties other than Commissioners shall
| be entitled to compensation from the
| State for attendance, or travel, unless
| the Commission shall certify that his tes-
timony was material to the matter in
vestlgated, and provided further that
witnesses summoned on behalf of the
transportation company shall be paid by
said company.
! Sec. %. The Commission may, in any
| investigation, cause the deposition Of
witnesses residing within or without the
State to be taken in the manner pre-
scribed by law for dispositions in civil
actions in Circuit Courts, said deposition
to be taken on commission to be issued
by the clerk of the Railroad Commits
sion made returnable to the Railroad
| Commission of Alabama.
Sec. 20. A full and complete record of
| all proceedings before the Commission on
| any investigation had and all testimony
shall be taken down by the stenographer
! appointed by the Commission. Whenever
any complaint is served upon the Commits
sion under provisions of Section SO Of this
act. the Commission shall. before the said
action Is reached for trial, cause certi-
| fled transcript of all proceedings had
| and testimony taken upon such investi-
| cation. If any previous investigation has
been had and testimony taken upon the
subject or any of the matters complained
Of and plaintiff was a party to such in
! VestigatiOn to be filed with the Clerk
OF the Court where the action Is pending
! transcribed copy of the testimony and
| proceedings or any specific part thereof,
| on any such investigation taken by the
| stenographer appointed by the Commits
sion, being certified by such stenographer
| to be a true and correct transcript in
long hand OF all the testimony on the in
vestigation, or of any particular witness,
or of any specific part thereof, carefully
compared by him with his original notes,
and to be a correct statement of the evil
dence and proceedings had on such an
! investigation purporting to be taken
and transcribed. shall be received in evil
dence when offered by either party. A
| copy of such Transcript shall be fur
nished ON demand, free of cost, to any
party to such investigation. In the trial
of said cause, either party may offer any
additional evidence it may see Mt
| Sec. 80. Whenever upon an investiga-
ton made under the provisions of this
act the Commission shall find any exist
| ing rate or rates or any regulation or
| practice whatsoever, AFFECTING the trans
portation of persons or property or any
service in connection herewith unreason-
able or unjustly discriminatory or any
service inadequate, it shall so determine
and by order fix a reasonable rate fare,
charge. classification or joint rate to be
| imposed, observed and followed In the
| future in lieu of that found to be unrea-
sonable or unjustly discriminatory or in
adequate as the case may be, and 1t shall
cause certified copy of such order to be
delivered to any officer, superintendent
or station agent of the transportation
company affected thereby, whi2h order
shall OF it's own force, take EFFECT and
| become operative twenty days after the
service thereof All transportation COM
| panes to which the order applies shall
make such changes in their schedule on
|
| same conform to said order. where such
order relates to rates. fares. charges or
| classification. and no charge shall there
| after be made by any transportation COM
| pany in such rates, fares or charges or
classification, or joint rate or rates, in
| the service practice so ordered without
| the approval of the Commission. Cert-
fled copies of all other orders of the Com
mission shall In like manner be deliv-
cred TO the transportation company af-
I fected thereby. and the same shall take
| effect within such time thereafter as the
| Commission shall prescribe.
Sec. 81. The Commission may, at any
time, upon notice to the transportation
company and after an opportunity to be
| heard as provided In Section % OF this
| act. rescind, alter or amend any order
made by the Commission fixing any rate
or rates, fares, charges or classification
| or any other order made by the Commits
sion. and certified copies of the same
shall be served and take effect as herein
provided for original orders.
| See. 81. Whenever the rate or charge
ordered substituted by the Commission
shall be Joint rate or charge and the
| transportation company or companies af-
| fected thereby shall fail to agree upon
| the apportionment thereof within twenty
| days after the service of such order the
| Commission may. after a hearing, issue a
supplemental order declaring the appor-
| tlonment of such joint rate or charge and
| the same shall take effect of its own
| force as part of the original order.
| Sec. 49, Whenever any transportation
company shall refuse or neglect to estab-
| lish a joint rate or rates for the trans