The Montgomery advertiser., 1907-12-20
AN ACT.


 No. 54) AN ACT. (H. 46. To prohibit common carriers and their
 officers. agents and employees,
 from publishing. ,exacting, charg-
 ing or receiving any higher or
 greater rate of compensation for
 the transportation of property or
 messengers than that specifically
 designated and prescribed by stat
 ute. or made the maximum rate by
 statute, or than that established by
 the Railroad Commission. and from
 refusing to receive property or
 passengers for transportation at
 such rates: to provide penalties for
 a violation thereof. and fix the pe-
 riod within which proceedings may
 be instituted for the recovery of
 such peualties, and the procedure to recover the same
 Section 1. Be 1t enacted by the Leg islature of Alabama, that in all cases where the maximum rate of compcn- sation for the transportation of prop erty or passengers by any common car- rier between points in this State has been or may hereafter be specifically designated and prescribed by statute. or any prevailing rates for such trans portation have been. or may hereafter be. made the maximum rates. or such rates have been. or may hereafter be, established by the Railroad Commis- sion of Alabama, it shall be unlawful for any common carrier to publish. ex- act, charge or receive any higher or greater rate than that prescribed by statute, or than that which has been made the maximum rate by statute, or than the rate prescribed by said Rail- road Commission. for the transporta- tion of such property or passengers. or to refuse to receive property or passen- gers for transportation at such rates
 Sec. 2. Every common carrier or railroad corporation which shall vio- late any of the provisions of this Act, a sum not exceeding two thousand dol lars. for each offense, to be determined by the court or judge trying the case
 Sec. 3. Each publication. execution, charge or receipt of a. fare for the transportation of passenger. or of a rate or compensation for the transpor- tation of property, in excess of the statutory rate or fare. or the rate or fare established by the Railroad Com mission. and each refusal to receive any property or passengers for trans nortation, at such rates, shall be a sep arate and distinct offense; and the act of any officer or other person acting for or employed by any common car rier or railroad corporation, acting within the scope or ms omcial duties or employment. in publishing, exact ing or charging such excess rate or fare. shall be. in every Case, and be deemed to be, the act of such common carrier or railroad corporation.
 Sec. (. Every officer, agent or em- nlovee of such common carrier or rail- road corporation. who shall violate, or who procures, aids or abets any viola tion of any of the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction shall be fined a s,,m not exceeding five hundred dol- lars. for each offense. to be determined hv inc court or judge trying the case. Sec. 5. A civil action to recover the forfeltures provided for in Section 2 of this Act may be brought at any time within five (5) years from the date the offense was committed or forfei- ture was incurred. in the name of the