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


Commission shall not have power to in
crease such rate or rates
| See IS. In all cases in which the rate
or rates for the transportation of freight
or passengers has been or shall be es-
tablished by statute the Railroad Com
mission is hereby charged with the en-
forcement of such rates, and shall use all
the powers granted to it by la VITO pre-
vent and punish any violation of the
statutes establishing such rates
Sec 10. The Commission shall cause to
be prepared suitable blanks for the pur-
poses designated i'm this Act, and shall.
when necessary, furnish such blanks to
each transportation company Any such
transportation company receiving from
the Commission any such blanks shall
cause the same to be properly filled out.
so as to answer fully and correctly any
question therein propounded, and in case
it fails to answer any question, 1t shall
state in said blank a good and sufficient
reason for such failure, and said answers
shall be verified under oath by the proper
officers of said transportation company
and returned to the Commission at its
office within the time fixed by the Com
mission.
Sec. 20. The Commission or any Com
missioner or any person or persons en-
ployed blythe Commission for that pur-
to inspect the books and papers of any
transportation company, and 10 examine
under oath any officer, agent or employe
of such transportation company In rela-
ton to its business and affairs; provided
that any person other than one of the
Commissioners who shall make such de-
mand shall produce his authority to
make such inspection under the hand OF
the Commission. or of the Secretary, and
| Ta.s aaI ,f soil inns
Sec 201s Every transportation COM
pany doing business in this State must,
| on or before the first day of September
OF each year. make to the Commission In
duplicate in the manner prescribed, and
upon blanks to be furnished by said Com
mission. annual returns of the business
of such transportation company. up to
the close of its business on the thirtieth
day of June next preceding, and any
such transportation company failing TO
make such returns shall forfeit TO the
State fifty dollars for each day of such
failure.
Sec. 81 The Commission may require.
by order or subpoenas, to be served on
any transportation company in the same
manner that a summons is served in a.
civil action in the Circuit Court. the pro-
duction within this State. at such time
and place as it may designate, of any
|
transportation company in any office or
place without or within the State of Ala
hama, or verified copies IN lieu thereof,
| IL the Commission shall so order in order
| that an examination thereof may be
made by the Commission or under its d.
reetion. Any transportation company
failing or refusing to comply with any
| such order or subpoena shall, for each
day it shall SO fail or refuse, forfeit and
| Il CIR, NJ r,at
less than one hundred dollars, nor more
than one thousand dollars.
Sec, o. Every person corporation,
| company or association operating rail-
road shall give notice to the Commission
Of every accident happening on any por-
ton of it's line in this State which is at
tended with death of manning or other
serious injury to the person of any one,
within five days thereafter, giving facts
and circumstances OF such accident,
which any one or more of the Commits
sioners may investigate, and the result
of such injury with such details as they
may deem necessary, shall be entered
upon the record of the proceedings of the
Commission.
Sec. 49, Upon complaint of any per-
| son. firm, corporation or association, or
of any mercantile agricultural or manu-
featuring, society or of any body polite,
/
the rates, fares charges or classifeations
or any Joint rate or rates are in any re-
spect unreasonable or unjustly dscrimin>
atory or that any regulation or practice
whatsoever, affecting the transportation
of persons or property or any service IN
| connection Herewith are in any respect
unreasonable or unjustly discriminatory,
or that any regulation or practice what
soever affecting the transportation of
persons or property, or any service In
connection Herewith, are in any respect
unreasonable or unjustly discriminatory,
or that any service Is inadequate, the
Commission may notify the transporta-
ton company complained of that com
plant has been made, and ten days after
such notice has been given the Commits
sion may proceed to investigate the
same as hereinafter provided. Before pro-
ceeding to make such investigation the
Commission shall give the transportation
company and the complainant ten days
notice of the time ana place when and
where such matters will be considered
and determined. and said parties shall be
entitled to be heard, through themselves
or their counsel, and shall have process
to enforce the attendance of witnesses
If upon such investigation the rate OF
rates, fares, charges or classification, or
any Joint rate or rates, or any regulation
be found to be unreasonable, or unjustly
discriminatory. or the service shall be
found to be inadequate, the Commission
shall have power to fix and order substi-
tuted therefor such rate or rates, fares
| charges or classifications 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 respect
ing such regulations. practice or service
! as II shall determine to be reasonable
and which shall be observed and followed
in the future.
Sec. "A. The Commission may, when
| complaint is made of more than one rate
or charge order separate hearings there
on, and may consider and determine the
several matters complained of separately
and at such time as it may prescribe. Nc
complaint shall at any time be dismissed
because of the absence OF direct damage
to the complainant
Sec. %. Whenever the Commission may
believe that any rate or charge may be
unreasonable, or unjustly discriminatory
| or that any service Is inadequate. and
that an investigation relating thereto
shauld be made, lit may on its own mo-
tion investigate the same. If after max
ing such investigation the Commission
becomes satisfied that sufficient grounds
exist to warrant a hearing before Or
dered to determine whether the rate or
charge so investigated is unreasonable OF
unjustly discriminatory, or whether the
service investigated is inadequate, it shall