The true Democrat. [volume] (Bayou Sara [La.]) 1892-1928, 1908-03-28

Secretary of State.
AC NO. IA.
nv Mr.. Fayrot. Senate Bill No. 9.
SUBSTITUTE B THE JUDICIARY COM
MITTEE OF THE SENATE FOR SENATE
BILL MOI.
A joint resolution proposing an amendment to
Article s88 of the Constitution of the State
of Louisiana.
Sectionl /. Be it resolved by the General
Assembly of the State of Louisiana. two-thirds
of all members elected to each House concur
ring. that Article 2S8 of the Constitution of the
State of Louisiana be amended to read as fol
lows:
Article 1885, If any railroad express. tele-
phone, telegraph, steamboat or other water
craft, or sleeping car company subject hereto
directly or indirectly, or by any special rate,
rebate or other device, shall Intentionally
charge, demand. collect or receive from any
person. firm or corporation, greater or less
compensation for any service rendered by 1t.
than it charges, demands or receives from any
other person, firm or corporation. for doing
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 tele-
graph. 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 de-
cision of the Commission, fixing and
establishing a rate Or charge for the
transportation of passengers or
freight, or for the transmission of
messages or conversation by telephone
or telegraph, within the State, shall
90 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 COM
mission, or by final judgment of a
court of competent jurisdiction, rem
dered on final trial in suit to set
aside and annul the same.
Provided that, whenever any rate,
charge, rule, regulation, order or de-
cision, of the Commission is contested
in court, as provided by this Consti-
tuition, or by any amendment the 'eto,
and the same is maintained on final
trial, by court of competent jurisdic-
ton, 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 (s50.OV 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
suspended 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 its
judgment, maintaining the said rate,
charge, rule, regulation, order, or de-
cision, enter up decree and judgment
against the plaintiff therein condemn
ing such plaintiff to, pay the State o.
Louisiana the amount of the said pen.
atty or forfeiture so found adjudged
by it, which amount, after deductine
therefrom, the attorneys fees provid
ed by Article 2SS of this Constitution
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
Commission shall affect and include
not only the transportation of passen
gers, freight, express matter, and tele
graph and telephone messages, be-
tween points within this State, and the
use or Such instruments within this
State, but shall also affect and in
clude all matters and things connected
with and concerning the service to be
given by railroad, express, telephone
telegraph, steamboat and other water
craft, and sleeping car companies ant
corporations, in the State, and theil
operation within the State.
Section 2. Be it further resolved
etc., That the foregoing amendment
to abe Constitution of the State O
Louisiana be submitted to the elector.
of the State at the general election t.
be held on the 2lst day of April, 1908
and on the official ballots to be uset
at such election shall be placed thu