The Thibodaux sentinel. (Thibodaux, La.) 1905-1912, 1908-02-29

ACT NO. IA.
BY Mr.. Favrot, Senate Bill No. 9.
SUBSTITUTE BY THE JUDICIARY
COMMITTEE OF THE SENATE
FOR SENATE BILL NO. /.
ment to Article 2S6 Of the Constitu-
ton of the State of Louisiana.
Section l.. BE it resolved by the Cen
eral Assembly of the State of Louisia-
ma, two thirds Of all members elected
to each House concurring, that Article
2S6 of the Constitution Of the State OF
Louisiana be amended SO as to read as
follows:
Article 2Se. If any railroad, express,
telephone, telegraph, steamboat. or
other water craft, or sleeping
car company, subject hereto, di-
reetly. or indirectly, or by any
special rate, rebate, or other de-
vice, shall Intentionally charge, de-
son, firm or corporation, a greater or
less compensation for any service rem
dered by. it, than it charges, demands
or receives from any other person, firm
or corporation, for doing a like and
contemporaneous service, or shall vio-
late any of the rates, charges, orders,
rules or decisions of said commission,
such railroad, steamboat or other water
craft, express, telegraph, telephone. or
sleeping car company, shall forfeit and
pay to the State not less than One
Hundred Dollars, nor more than Five
Thousand Dollars to be recovered before
any court of competent jurisdiction, at
the suit Of the State, at the domicile OF
the Commission.
Provided that every order or decision
of the Commission, fixing and estab-
fishing a rate or charge for the trans-
portation of passengers or freight, or
for the transmission Of messages or
conversations by telephone or tele-
graph, within the State, shall go into
effect at such times as may be fixed by
the Commission, and shall remain in
effect and be complied with unless and
until set aside by the commission, or
by final judgment of a court Of COM
peten. jurisdiction, rendered on final
trial in suit to set aside and annul
the same.
Provided that, whenever any rate,
charge, rule, regulation, order, or deci-
sion, of the Commission, is contested in
court, as provided by this Constitution.
or by any amendment thereto, and the
same is maintained on final trial, by
court of competent jurisdiction, the
railroad, express, telephone, telegraph,
steamboat or other water craft, or
sleeping car company, or corporation,
contesting the same shall forfeit and
pay to the State of Louisiana, the sum
of not less than Ten $4,000 Dollars nor
more than Fifty (s5O.o0) Dollars. per
day, for each day that the putting into
effect and operation Of the rate. order,
charge, rule, regulation, or decision, of
the Commission may have been sus-
pended by such suit, to be found and
adjudged by the court in which such
suit may be brought and, in all such
cases, the said court shall, in it's judg-
ment, maintaining the said rate,
charge, rule, regulation, order, or deci-
sion. enter up decree and judgment
against the plaintiff therein, condemn
ing such plaintiff to pay to the State
of Louisiana the amount of the said
penalty or forfeiture so found and ad-
judged by it, which amount, after de-
Quoting therefrom. the attorneys fees
provided by Article 28s of this Constitu-
ton, shall, when collected, be paid into
the State Treasury, for account of the
General School Fund of the State.
The power and authority of the Com
mission shall affect and include, not
only the transportation of passengers,
freight express matter, and telegraph
and telephone messages, between
points within this State, and the use of
such instruments within this State, but
shall also affect and include all mat
ters and things connected with and
the service to be given by
railroad, express, telephone, telegraph,
steamboat and other water craft, and
sleeping car companies and. corpora
tions in the State. and their operation
within the State.
Section 2 Be it further resolved, ETC.,
That the foregoing amendment to the
of the State of Louisiana
be submitted to the electors of the
state at the general election to be held
on the 21st day of April, 1908, and on
the official ballots to be used at such
election shall be placed the words: "for
the proposed amendment of Article 286
Of the Constitution of the State Of
and the words against the
proposed amendment Of Article 2S6 of
the Constitution of the State of Louis
lana," and each elector shall indicate
al