declared unlawful herein, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed $5,000, except where a different penalty is provided in this act, or the penalty herein prescribed may be recovered by penal action instituted in the name of the Commonwealth of Kentucky in any court having jurisdiction under the provisions of this act.

§ 16. Any prosecution, or penal action provided for in this act, or under the laws of this State for offenses mentioned in this act, may be instituted in the Franklin Circuit Court, and jurisdiction to try all such prosecutions, or actions, is hereby vested in the Franklin Circuit Court, and it is hereby made the duty of the Attorney General to institute such prosecutions, or penal actions, in said court and prosecute same for the Commonwealth of Kentucky, but the jurisdiction thus placed in the Franklin Circuit Court shall not be exclusive, and any such prosecution, or action, may be instituted in any circuit. court in this State where the offense or violation of this act may have been committed, and if such prosecution is instituted in any circuit court other than the Franklin Circuit Court, it shall by the duty of the Commonwealth's attorney to prosecute such offenses in the same manner that he is now required. to prosecute other offenses for the violation of the laws of this State.

17. The several circuit courts of this State are hereby invested with the jurisdiction to prevent and restrain any person or persons, corporation, partnership or association of individuals, from entering into any combination, pool, agreement, in the form of trusts, confederation, conspiracy, promise or understanding, declared illegal by this act, or any other law in this State relative to the pools, trusts, con

spiracies, and unlawful combinations, and it shall be the duty of the Attorney General, and of the Commonwealth's attorneys to institute proceedings in equity to prevent and restrain all violations of this act, and of any other law concerning pools, trusts, conspiracies, and unlawful combinations, and the Franklin Circuit Court is hereby invested with the jurisdiction to hear and determine any injunction proceeding that may be instituted pursuant to the provision of this section, and such injunction proceeding shall be governed by the provisions of the Civil Code of Practice, and the court may, at any time, make such temporary restraining order as may be deemed just in the premises.

§ 18. It is hereby made the duty of the Attorney General to investigate violations of this act, and to bring to the attention of the Commonwealth's attorneys throughout the State any violation of this act, and it is further made the duty of the Attorney General, when he deems it of sufficient importance to institute suit in behalf of the Commonwealth in the Franklin Circuit Court, or to institute prosecutions to prevent the violation of the provisions of this act.

§ 19. The passage of this act shall not have the effect to release or extinguish any penalty, forfeiture or liability incurred by any corporation on account of the violation of any law of this State prior to the taking effect of this act.

§ 20. The provisions of this act shall not apply to any organization or association having no capital stock or not engaged in the business of mining, manufacturing or transporting any article or commodity.

21. Any officer, stockholder or other person interested in any corporation, association, or company

mentioned in this act who shall aid or assist in the violation of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined not to exceed $10,000 or imprisoned not exceeding one year, or both so fined and imprisoned.

Approved March 15, 1916.

CHAPTER 18

AN ACT prescribing the duties and powers of the Railroad Commission with reference to express companies, steamboats and steamboat companies, telegraph companies and telephone companies, and all boats and other water craft propelled by the use of oil, gasoline or other means.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. The provisions of this act shall apply to express companies, telephone companies, telegraph companies, steamboats and steamboat companies and all boats and other water craft propelled by the use of oil, gasoline or other means, whether incorporated or unincorporated, and doing business in this State in the transportation of goods for hire or compensation between points in this State, or in the receiving or transmission of messages between points in this State, but the provisions of this act shall not embrace the operation of telephone companies within any city where the rates of toll charged for the transmission of messages may be regulated by local authority; nor shall it embrace any telephone company that is operated only in three or less counties and has a capital stock of less than two thousand dollars if incorporated, or if unincorporated, tangible property of less value than two thousand dollars.

§ 2. Every express company shall print and publish in legible form schedules or tariffs showing all the fares, rates and charges for the transportation of property and any service in connection therewith between different points on its route in the State of Kentucky. Such schedules shall be plainly printed and published in a legible form, and a copy for the use of the public shall be kept in every depot, station or place where property is received for transportation convenient for public inspection, and a copy shall be filed by each of such companies with the Railroad Commission.

Every telephone or telegraph company shall print and publish in legible form schedules of its rates of toll showing all rates and charges for the transmission of any message from any point where a message is received for transmission in this State to any other point in the State where such message is to be delivered, and to subscribers for telephone boxes, and a copy of such schedule shall be kept by the agent of such company at every place where any such message may be received for transmission and such schedule shall be open to the public at all hours when messages are so received for transmission, and a copy of said schedule shall be filed with the Railroad Commission.

§ 3. No change shall be made in the rate, tolls, fares or charges which have been filed and published by any of said companies except after not less than thirty days' notice to the Railroad Commission and to the public, published as aforesaid, and any changes to be made in the schedules then in force and the date of said proposed effective change shall be shown by new schedules or supplements thereto printed and published in legible form. The back of said schedule shall indicate the page on which the proposed change

or changes may be found and the particular change or changes shall be indicated by a star or stars opposite thereto; provided, that the Railroad Commission may, in its discretion and for good cause shown enter an order of record allowing changes in the schedule upon less time, or modify the requirements of this act in respect to publicly posting notices and filing schedules either in particular instances or by a general order applicable to special or particular circumstances or conditions.

§ 4. It shall be unlawful for any such company to demand, collect or receive a greater or less compensation for any service rendered than is specified in such printed schedule, and the rates, fares, tolls and charges specified therein shall be the lawful rates, fares tolls and charges until same are changed as provided by law. The commission may prescribe such changes in the form in which the schedules are issued by any such company as may be found expedient.

§ 5. Whenever a duty or obligation is imposed upon any company mentioned in this act by law which relates to the rates, tolls, fares, classification, charges, service, rules, regulations or practice of any such company, or whenever a complaint is filed alleging a violation of this or any other law relative to such company, the same shall be under the supervision and regulation of the Railroad Commission which shall have authority, after due notice and hearing as provided by law, to issue an order fixing just and reasonable rates, or prescribing just or reasonable rules or regulations or practice to be thereafter followed, and to prescribe the rate or toll to be charged or service to be performed thereafter to relieve any undue or unreasonable discrimination,