Page images
PDF
EPUB

press companies engaged in transporting property upon. any such railroad, electric railway, street railway, or by water; and telegraph or telephone companies. Section 7. The Commission shall have power to administer oaths in all matters in relation to its duties, so far as necessary to enable it to discharge such duties. It shall have full power and authority to inquire into the management of the business of all common carriers, including freight and passenger rates and tariffs, the equitable distribution of cars, the granting of sidings and regulation of crossings, the location of freightand passenger-stations, the adequacy of facilities for the carriage and transportation of freight and passengers, the use and compensation for cars owned or controlled by persons other than the carrier, and, generally, all matters incident to the performance of their public duties, and their compliance with the provisions of their charters and the laws of the land.

Power and au

thority of the

Commission.

Section 8. Any person, firm, corporation, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization, complain- Complaints. ing of any thing done or omitted to be done by any common carrier subject to the provisions of this act, in violation of law or of any decision, regulation, or recommendation of the Commission, may apply to the Commission by petition, which shall briefly state the Petition. facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same, in reasonable time, to be specified by the Commission. If such common carrier, within the time specified, shall make reparation Reparation. for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant, only for the specific violation of law complained of. If such common carrier shall not satisfy the complaint, within the time specified, and there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to in- Investigation. vestigate the matters complained of, in such manner and by such means as it shall deem proper. Said Commission may institute any inquiry of its own mo- Inquiry. tion, in the same manner and to the same effect as though complaint had been made. No complaint shall, at any time, be dismissed because of the absence of direct damage to the complainant. The Commission Duty of Commisis authorized and empowered, and it shall be its duty, whenever, after full hearing upon a complaint as aforesaid, it shall be of the opinion that any of the rates or charges whatsoever, demanded, charged or collected by any common carrier or carriers subject to the provisions of this act are unjust or unreasonable, or unjustly discriminatory or unduly preferential or preju

sion.

Decision and recommendation.

Participation of

owner.

Reasonable charge.

Right of entry.

Examination.

Subpoena.

Disobedience of subpoena.

Order of court.

dicial, or otherwise in violation of any provision of law, or that any regulation or practice in respect to transportation is unjust, unfair, or unreasonable, and in violation of law, to decide and recommend what will be the just and reasonable rate or rates, charge or charges, to be thereafter observed in such case as the maximum to be charged, and what regulation or practice in respect to transportation is just, fair, and reasonable, to be thereafter followed.

Section 9. If the owner of property transported by common carriers subject to the provisions of this act, directly or indirectly renders any service connected with such transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall not be more than is just and reasonable, and the Commission may, after hearing on a complaint, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the service so rendered or for the instrumentality so furnished.

Section 10. The Commissioners, or any of them, in the performance of their official duties, or any person in the office of said Commission and specially delegated by the Commission for that purpose, may enter, and remain during business hours in, the cars, offices, and depots, and upon the railroads, of any common carrier, within the State or doing business therein, and may examine the books and affairs of any such common carrier; and in all proceedings before the Commission, under a complaint duly filed, the Commission shall have power to require, by subpoena, the attendance and the testimony of the witnesses, and the production of all books, papers, tariff's, contracts, agreements, and documents relating to any matter embraced within said complaint.

And in case of disobedience to a subpoena, the Commission, or any party to a proceeding before the Commission, may invoke the aid of a court of common pleas, within whose jurisdiction the complaint is carried on, in requiring the attendance and testimony of witnesses, and the production of books, papers, and documents, under the provisions of this section.

Any of the common pleas courts of this State, within whose jurisdiction such hearing or complaint is being carried on, may, in case of contumacy or refusal to obey a subpoena, issue to any common carrier subject to the provisions of this act, or other persons, an order requiring such common carrier or other person to appear before said Commission,-and produce books and papers, if so ordered, and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by said court as contempt thereof.

dency to incrim

SO Perjury.

The claim that any such testimony or evidence, docu- Claim of tenmentary or otherwise, may tend to criminate the wit- inate. ness giving such evidence, or subject him to a penalty of forfeiture, shall not excuse such witness from testifying; but no person shall be prosecuted, or subjected to any penalty or forfeiture, for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena or the subpoena of the said court: Provided, Proviso. That no person testifying shall be exempt from prosecution and punishment for perjury in so testifying. If such person be an officer or director of a common carrier subject to the provisions of this act, being a party to the proceedings before the Commission, or if any person, being an officer or director of such common carrier, shall absent himself from the jurisdiction of the State, or Absentee. conceal himself, for the purpose of avoiding service of such subpoena, he shall be adjudged guilty of con- Contempt. tempt; and the said court of common pleas may impose a fine, not less than one hundred dollars for each day Fine. during the continuance of such refusal or neglect; and if the said court shall find that the neglect or refusal of such witness is occasioned by the advice or consent of such common carrier, in default of payment of said fine the same shall be collected from said common carrier, by an action in the said court of common pleas in any county in the State, as other like fines and penalties are now recovered by law. Imprisonment for Penalty. contempt shall be by commitment to the county jail of the county in which such hearing is held.

proposed change

Section 11. The Commission may also take testimony Hearing as to upon, and have a hearing for and against, any proposed of laws. change of law relating to common carriers, or of the general railroad law, if requested to do so by the Secretary of Internal Affairs, the Legislature, or by the Committee on Railroads of the Senate or House of Representatives, or by the Governor; and may take such testimony, and have such a hearing, when requested by any of said common carriers, corporation,

or person interested; and shall recommend and draft Drafting of bills. such bills as will, in its judgment, protect the interests. of the public in connection with common carriers.

Section 12. The Commission may require every common carrier, subject to its jurisdiction, to file with it a copy of its annual reports, as filed with the Interstate Commerce Commission of the United States: and as to all common carriers subject to this act, and not subject to the Interstate Commerce Commission, may require that such common carriers file annual Filing of annual reports in the form prescribed by the Commission. mon carriers. Section 13. The Commission shall investigate the Investigation of cause of any accident on the lines or property of any dents.

reports of com

causes of acci

[blocks in formation]

common carrier, resulting in loss of life or injury to persons, within thirty days of the happening of said accident, when, in their judgment, said accident shall require investigation; and shall advise said common carrier of the result of said investigation, within sixty days from the happening of said accident, and shall include the result of said investigation in their reports. Before making any such examination or investigation, under this section, reasonable notice shall be given to the corporation, person, or persons, conducting and managing such common carrier, of the time and place of commencing the same. The general superintendent or manager of every common carrier shall inform the Commission of any such accident immediately after its occurrence.

If the examination of the books and affairs of a common carrier, or of witnesses in its employ, shall be necessary in the course of any hearing on complaint, as herein before provided, or examination or investigation into its affairs, the Commission, or a member thereof designated by it, shall sit for such purpose, in the city or town of this State where the principal business office of such common carrier is situated, if requested so to do by the common carrier; but the Commission may require copies of books and papers, or abstracts thereof, to be sent to it to any part of the State. The Commission may issue commissions to take the testimony of absent, infirm, or waygoing witnesses, according to the rules of the courts of equity.

Section 14. The Commission shall have power to recommend the manner, under existing laws, in which one railroad, street railway, electric railway, or other common carrier, may cross another railroad, street railway, or electric railway, at grade, or above or below grade, and what safety appliances and regulations should be adopted at such crossings, or at existing grade-crossings of railroads, street railways, electric railways, or other common carriers, with other railroads, street railways, and electric railways, for the protection of the public and the prevention of accidents.

The Commission shall also have power to recommend the form in which schedules or tariffs of rates. fares, charges, and distribution of cars shall be posted and published, and make such change or changes therein, from time to time, as shall be found expedient.

Section 15. If it shall appear to the Commission that any common carrier, subject to the provisions of this act, has violated any provision of law, or neglected in any respect to comply with the terms of its charter, or unjustly discriminates in its charges for services, or usurps any authority not granted by law,

to be for

it shall give notice, in writing, thereof to the said common carrier; and, if the violation, neglect, or refusal is continued after such notice, the Commission shall forthwith certify the matter to the Attorney Certificate to AtGeneral of the Commonwealth, for such action accord- torney General. ing to law as the public interests may require. Section 16. Every recommendation, decision, or ruling of the Commission shall be forthwith for warded, by mail, to the president, secretary, or other chief officer, of the common carrier affected thereby, at his usual place of business, and a copy thereof and the registered mail-receipt shall be prima facie evidence of the receipt of said recommendation, decision, or ruling by the person to whom addressed, in due course of mail.

Decision, rulings,
etc..
warded to com-
mon carriers.

decisions and rulings.

The Commission is authorized to modify its recom- Modifications of mendations, decisions, or rulings, upon such notice and in such manner as it shall deem proper. It shall be the duty of said common carrier, within thirty days from the receipt of notice of the making of any recommendation, decision, or ruling, to notify the Commission of its intention to comply or to refuse to comply therewith.

charges.

tions, etc.

Additional sta

tions.

Train-service,

etc.

Terminal facilities.

Section 17. If, after an examination of the same, it shall appear to the Commission that any of the rates Excessive rates or or charges established or demanded by any common carrier are excessive and unreasonable; or that re- Repairs, addipairs, additions, alterations, or changes in or upon any property of a common carrier, subject to the provisions of this act, and used by it as such, are necessary; or that any additional stations are necessary; or additional train-service to any station, or that any addition to the rolling-stock, or any addition to or change of a station or station-houses, are necessary; or that additional terminal facilities should be afforded; or that any change of the rates of fare for transporting freight or passengers, or in the mode of operating the road, or conducting its business, are reasonable and expedient, in order to promote the security, convenience, and accommodation of the publie, the Commission shall give notice thereof, and Notice. information in writing, to the common carrier, of the improvement and changes which said Commission deem proper, and shall give such common carrier an opportunity for a full hearing in relation thereto; and if the common carrier refuses or neglects to make Refusal or negsuch repairs. improvements, or changes within a reasonable time after such information and hearing. or fails to satisfy the Commission that no action is required to be taken by it, the Commission shall certify to the Secretary of Internal Affairs and the Attorney General of the Commonwealth the facts relating thereto, for their action according to law, as

lect.

Certificate to Sec

Affairs and Attorney General,

retary of Internal

« PreviousContinue »