minister oaths. Attachment Commissioners may adminis served and miles traveled, before the Clerk of said Commission- Clerk to aders, who is hereby authorized to administer oaths. In case any person shall willfully fail or refuse to obey such subpoena it shall be the duty of [the] County Judge of any county, or Judge of the Circuit Court, upon [the] application of said Commissioners, may issue for to issue an attachment for such witness, and compel him to witnesses. attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners, and said court shall have power to punish for contempt as in other cases of a refusal to obey the process and order of said court. In making any investigations or examinations pursuant to this or any other section of this act, each Railroad Commis sioner is hereby empowered to administer oaths or affirmations, and in such examinations or investigations no person called upon ter oaths. to testify shall be excused from answering on the ground or claim that his testimony would tend to criminate himself, but such testimony shall not be used against him in any criminal proceeding. The said Commissioners are hereby authorized, in their discretion, to appoint any one of their number to make any such investigations or examinations, outside of their office, anywhere in this State, and such member, in making such examinations or investigations, is hereby invested with the same power as a full board would have, the Commissioner so appointed to report to a full board the result of his investigations. The Secretary of the Railroad Commission is hereby authorized to serve any subpoena, notice or other process or paper issued by the Commission, and for same. required by them to be personally served, and it shall be the duty of the Sheriffs in the different counties in this State to make such service when required by the Commissioners, said Secretary and Sheriff to be paid the same fees as are allowed the latter by law for similar services. any railroad One Commis sioner may inations. make exam Service of papers and fees Penalties for violation of this SEC. 24. That every officer, agent or employee of company who shall willfully neglect or refuse to make and furnish act. any report required by the Commissioners as necessary to the purposes of this act, or who shall wilfully and unlawfully hinder, delay or obstruct said Commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred nor more than five thousand dollars for each offence, to be recovered in an action of debt in the name of the State. The following sections were added to the law of 1887 by the amendatory act of 1889, to-wit: Discrimina SEC. 16. That nothing in said act, or the act to which this is an amendment, shall prevent the common carriers subject thereto from the carriage, storage or the handling of property free or at tions which are not unjust. reduced rates for charitable purposes, or to or from fairs and expositions for exhibition thereat, or free carriage of destitute and panies to make annual reports. homeless persons transported by charitable societies, and the and SEC. 17. That it shall be the duty of all common carriers subRailroad Com- ject to the provisions of this act, or the act to which this is an amendment, to make to the Railroad Commissioners annually, at such time as said Commissioners shall designate, and according to such forms as said Commissioners shall prescribe, annual reports for the current year ending June 30 (th), immediately preceding, which shall contain a statement of the organization, capitalization, traffic, earnings, expenses, and such other matters connected with their organization operations, as said Commissioners shall require, which said reports shall be verified by affidavits of the principal officers thereof, and the said Commissioners shall tabulate and compile said annual reports, and include them in their annual report to the Governor; Provided, That should any railroad company, or any officer, agent, or employee of any railroad company swear falsely to any matters in the reports provided for in this section, they shall be deemed guilty of a felony, and upon conviction thereof (be) punished by a fine of not less than $500, or by imprisonment in the State Penitentiary for not less than one year, or by both (such) fine and imprison Penalty for false returns. Facilities for interchange of traffic. Duties of Commissioners. Publication of decisions. ment. SEC. 18. That every common carrier subject to the provisions of this act, or (of) the act to which this is an amendment, shall afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding and delivering (of) passengers and property to and from their several lines, and those connecting there with, and the Railroad Commission shall have the authority, and it is hereby made a part of their duty, to compel (a) compliance with the provisions of this section. SEC. 19. That the Commissioners may, in their discretion, publish any decision made by them, which they may deem of importance to the public, in such newspaper or newspapers as in their judgment will give it proper publicity. SEC. 20. That said Commissioners may, at their discretion, Mandamus direct the Attorney-General or State Attorney to institute proceedings. proper proceedings before the courts, in the name of the State, by mandamus, injunction or otherwise, against any common carrier subject to the provisions of this act, to compel the observance of the law, or the rules and regulations of the Commissions made thereunder, and such Railroad Commissioners are hereby authorized, when in their judgment it is necessary so to do, to employ counsel to assist the Attorney-General or State Attorney in conducting any such proceeding in behalf of the State; Provided, That in case such proceeding is instituted in the Circuit Court, and an appeal shall be taken from the judgment thereof to the Supreme Court, such appeal shall not operate as a supersedeas. ceedings. SEC. 21. That whenever any common carrier subject to the pro- Railroads may visions of this act, or any person interested in the transportation for relief. petition Courts of persons or property on the line of such carrier, shall be dissatisfied with any rule or regulation, or rate of toll, or compensation prescribed by the said Railroad Commissioners, for the transportation of persons or property, such carrier or person shall have Chancery prothe right to file its or his bill in a Court of Chancery of any Circuit in which the line or road of such carrier is located or operated, either in whole or in part, for the purpose of determining the justness, fairness and reasonableness of any such rule or regulation, or rate of toll, or compensation; and when such bill is filed, it shall have preference over all other causes, and such court shall proceed to hear and determine the matter speedily, as a Court of Equity, and without the formal pleading and proceedings applicable to ordinary suits in equity, but in such a manner as to do justice in the premises; and the order of said court shall be of full force and effect in every Judicial Circuit in this State, in which any part of the road of such railroad company extends or is operated; Provided, That no such suit or proceeding shall operate to suspend or supersede any such rule, or regulation, or rate of toll, or compensation, until a final hearing thereof, and in case of an appeal to the Supreme Court, until the final determination of the appeal, unless the Judge in whose court any such bill is filed shall order that such suit shall operate as a supersedeas, and when any such order shall be made, the railroad company which shall have filed such bill shall not be required to comply with the rule, or regulation, or rate of toll, or compensation complained of, until after the suit shall be determined; but any such company so granted a supersedeas shall keep a strict account of all its earnings, according to the rule, or regulation, or rate of toll, or compensation complained of, the same as if Supersedeas only at discretion of Court. Roads shall keep account When and to whom refunded. Penalty for refusal. such rule were in full force, in order that at any time said company may be able to make a statement showing how much it has received for freight and passenger charges in excess of the rule, or regulation, or rate of toll, or compensation complained of, and from whom such excess was received or collected; and when the suit brought by any such bill shall be finally decided, either by the Circuit Court, when no appeal is taken, or by the Supreme Court, when an appeal is taken, and the decision shall sustain the rule, or regulation, or rate of toll, or compensation as fixed by said Commissioners, an order shall be made requiring the corporation filing the bili to deposit into the registry of the Circuit Court all money received by it in violation, or in excess of the rule, or regulation, or rate of toll, or compensation, together with a list showing the names of the persons who paid said moneys, crediting each person with the amount paid by him. And any person entitled to any of said money may get the same upon applying to the Clerk of said court therefor. Should any corporation refuse to obey any such order, or make a false statement in pretending to obey such order, such corporation so offending shall be deemed and held in contempt of court, and the Circuit Judge, or Supreme Court, shall inflict such pains and penalties and imprisonment upon the officials of said corporation as shall be necessary to enforce obedience to such order. SEC. 22. That no pending litigation, or penalty, or forfeiture heretofore incurred by any common carrier subject to the provisions of this act, or to which (such) common carrier has become liable, shall in any way be affected by this act. SEC. 23. That this act shall go into effect thirty days after its approval by the Governor. SEC. 24. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved June 7, 1889. CHAPTER 3863-[No. 17.] AN ACT to Extend and Enlarge the Powers and Duties of the Railroad Commissioners of the State of Florida, Appointed under Chapter 3746 of the Laws of Florida, Approved June 7, 1887. Be it enacted by the Legislature of the State of Florida: SECTION 1. That whenever it shall appear to the Railroad Commissioners of this State, appointed under Chapter 3746 of to become peti- the Laws of Florida, that any railroad company, or companies, Commissioners tioners to Inter-State Commerce Commission in certain cases. chartered, or otherwise, or any receiver, or other person or persons doing business as a common carrier, or common carriers, from any point in this State to any point outside the limits of this State, or otherwise engaged, either alone or in connection with others, in the transportation of freight or passengers, which falls under the denomination of Inter-State Commerce, from any point in the State of Florida to any point outside the limits of said State, is charging or receiving more than a fair and reasonable rate of compensation for the service rendered, or is guilty of any unreasonable or unjust charge for the transportation of freight or passengers, or of any other violation of the Inter-State Commerce law, which comes under the jurisdiction of the Inter-State Com merce Commission, affecting interests of the people of Florida, it shall be the duty of the said Railroad Commissioners of the State of Florida to petition the Inter-State Commerce Commissioners of the United States for the regulation and control of the offending railroad company, or companies, or other person or persons doing business as common carriers, by the application of the provisions of the Inter-State Commerce law of the United States entitled "An Act to Regulate Commerce," approved February 4, 1887, and the amendments thereto, and to take all necessary and expedient measures to secure to the people of Florida the full benefit of the Inter State Commerce law in the regulation and control of inter State commerce. Approved June 4, 1889. |