The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1908-02-29

held III this state on the SIst uay VI
April. 1908.
J Y. SANDERS,
Lieutenant Governor and President OF
the Senate.
J. w. HYAMs.
Speaker of the House of Representa-
tives.
Approved November 9th. 1907.
NEWTON c. BLANCHARD.
Governor of the State of Louisiana.
A true copy:
JOINT. MICHEL.
Secretary of State
| ACT NO. IA.
nv Mr.. Fayrot. Senate Bill No. g.
SUBSTITUTE BY THE JUDICIARY
COMMITTEE OF THE SENATE
FOR SENATE BILL NO. l.
A joint resolution proposing an amend
ment to Article 2S6 Of the Constitu-
ton of the State of Louisiana.
| Section /. Be it resolved by the Gen.
eral Assembly of the State of Louisiana,
two-thirds of all members elected to
each House cOncurring, that Article 2S6
Of the Constitution of the State of Louis
lana be amend ed 80 as to read as follows:
Article 286. If any railroad, express,
telephone, telegraph, steamboat, or
other water craft. or sleeping Car COM
pany. subject hereto, directly, or indi-
rectiy, or by any special rate, rebate, or
other device, shall Intentionally charge.
demand. collect or receive from any per-
son. firm or corporation, 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 con-
| tempOraneOus service. or shall violate
any of the rates, charges, orders, rules
or decisions of said commission, such
railroad. steamboat or other water craft,
express, telegraph. telephone, or sleep
ing 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
If the Commission, fixing and establish
| ing rate or charge for the transporta-
ton of passengers or freight. or for the
transmission of messages Or CONVERSE
tions by telephone or telegraph, within
| the State, shall go into effect at such
time as may be fixed by the Commission,
and shall remain in effect and 'be com
piled with unless and until set aside by
the commission, or by final Judgment
Of court of competent Jurisdiction,
rendered on final trial in a 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
c,.urt, as provided by this Constitution.
or by any amendment thereto, and the
same is maintained on final trial, by a
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
Day 10 the State Of Louisiana. the sum
more than Fifty ($5O.0O) Dollars, per
day. for each day that the putting into
effect aud operation of the rate. order,
charge, rule, regulation. or decision, of
the Commission may have been suspend.
ed by such snit, to be found and adjudg-
ed by the court in which such suit may
be brought and. in all such cases, the
said court shall. in its judgment, main
taining the said rate, charge, rule, regu-
lation, order, or decision, enter up a
decree and judgment against the plain
tiff therein. condemning such plaintiff to
pay to the State of Louisiana the amount
Of the said penalty or forfeiture SO
found and adjudged by it, which
amount. after deducting therefrom, the
attorneys fees provided by Article 28S Of
this Constitution, shall, when collected,
he paid into the State Treasury. for ar
c0uut 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 tele-
phone messages, between points within
this State, and the use of such instru-
ments within this State, but shall also
affect and include all matters aud things
connected with and concerning the
service to be given by railroad, express
telephone, telegraph, steamboat and
other water craft, and sleeping car CON-
panies aud corporations, in the State,
and their operation within the State.
section 2. Be it further resolved, etc.
That the foregoing amendment to the
Constitution of the State of Louisiana be
i en hu, i>s al 70 tho A1nrtovc IF tho State n