Daily Arizona silver belt., 1909-02-06


 cations, joint rate or rates, or any order fixing any regulations, practices or ser vice, may commence an action in the district court against the commission as defendant to vacate and set aside any such order.
 No injunction shall issue suspending tor staying any order of the commission except upon application to the district court, or judge thereof, notice to the commission, and hearing.
 In all trials under this section the
 burden of proof shall be upon the plaintiff to show by clear and satisfac- tory evidence that the order of the com mission complained of is unlawful or unreasonable, as the case may be.
 Section IT, In all actions and pro ccedings in court arising under this act all processes shall be served, and the practice and rules of evidence shall be the same as in civil actions, except os otherwise herein provided.
 Section IS. The commission shall have authority to inquire into the man agement of the business of all railroads, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from any railroad all
 necessary information to enable the commission to perform the duties and carry out the objects for which it was created.
 Section 10. Every railroad whenever required by the commission shall, within time to be fixed by the commission, deliver to the commission for its uF,e copies of all contracts which relate to the transportation of persons or proper ty, or any service in connection there with, made orentered into by it with any other railroad company, car com paDy, equipment company, express or other transportation company, or any shipper or shippers, or other person or persons doing business with it.
 Every railroad shall, on the first Mon day in February in each year, and of tener, if required by the commission, file with the commission a verified list of all railroad tickets, passes and mile age books issued free or for other than actual bona fde money consideration at full established rates during the preced- ling year, together with the names of the recipients thereof, the amounts re- ceived therefor and the reasons for is- suing the same.
 Section 20 The commission shall
 ascertain, as nearly as practicable, the amount of money expended in the con struction and equipment of every rail
 road, the amount of money expended to procure the right of way. also the amount of money it would require to secure the right of way, reconstruct the roadbed, track, depots and other fa- cilities for transportation, and to re- place all the physical properties be-
 longing to the railroad. It shall, as certain the outstanding bonds, deben-
 lures and indebtedness and the amounts respectively thereof, the date when is- sued, to whom issued, to whom sold, the price paid in cash, property or labor therefor, what disposition was made of the proceeds, by whom the indebted ness is held, so far as ascertainable, the amount purporting to have been due thereon, the floating indebtedness of the railroad, the credits due the railroad, other property on hand belonging to 1t, the judicial or other sales of said road, its property or franchises, and the amounts purporting to have been paid and in what manner paid therefor. The commission shall also ascertain the
 gross and net income of the railroad from all sources in letail; the amounts paid for salaries to the officers of the
 road, and the wages paid to its em- ployes and the maximum hours of con- tinuous service required of each class. Whenever the information required by
 this section is obtained, it shall be pdinted in the annual report of the commission. In making such investiga-
 tion the commission may avail itself
 of any information in possession of the
 territorial board of equalization. Section 2l. The commission shall have power, and 1t is hereby made its
 duty, to investigate all freight rates on l interstate traffic on railroads in this
 territory, and when the same are, in
 the opinion of the commission, exces- sive or discriminatory or are levide or
 laid in violation of the interstate com 1 merce law, or in confic with the rulings, orders or regulations of the interstate commerce commission, the commission | shall present the facts to the railroad, with a request to make such changes
 as the commission may advise, and if such changes are not made within a
 reasonable time, the commission shall
 apply by petition ta the interstate com
 merce commission for relief. All freight tariffs issued by any such rail
 road relating to interstate traffic in
 this territory shall be filed in the of flee of the commission within thirty days after the passage and publication of this act, and all such tariffs there after issued shall be filed with the com
 mission when issued.
 Section 23. If any railroad shall
 make or give any undue or unreasonable
 preference or advantage to any particu-
 lar person, firm or corporation, or shall
 subject and particular person, firm or
 corporation to any undue or unreason. | able prejudice or disadvantage in any
 respect whatsoever, such railroad shall
 be deemed guilty of unjust discrimina.
 tion, which is hereby prohibited and
 declared unlawful.
 Section 24. It shall be unlawful for
 any person, firm or corporation knowing
 ly to accept or receive any rebate, con | cession or discrimination in respect to
 transportation of any property wholly VI hin fhio torr,tnr,v