any person other than the one of the said commissioners who shall make such demand shall produce his authority to make such inspection under the hand of a commissioner, or of the secretary and under the seal of said commission. (c) The commission may require by order or subpena, and to be served on any railroad, in the same manner that a summons is served in a civil action in a district court, the production within this state, at such time and place as it may designate, of any books, papers or accounts relating to any matter which is the subject of complaint or investigation kept by said railroad in any office or place without the State of Nevada, or verified copies in lieu thereof, if the commission shall so order, in order that an examination thereof may be made by the commission or under its direction, and such subpena may issue to any sheriff in any county of the state. Any railroad failing or refusing to comply with any such order or subpena within a reasonable time shall, for each day it shall so fail or refuse, forfeit and pay into the state treasury a sum of not less than one hundred dollars nor more than one thousand dollars, to be recovered in a civil action brought in the name of the railroad commission of Nevada. 4567. Joint traffic contracts to be furnished on request-List of passes or mileage books. SEC. 19. Every railroad, whenever required by the commission, shall, within a time to be fixed by the commission, deliver to the commission for its use copies of all contracts which relate to the transportation of persons or property, or any service in connection therewith made or entered into by it with any other railroad company, terminal company, depot company, equipment company, car company, express or other transportation company, bridge company, or any shipper or shippers, producers or consumers, or other persons doing business with it. (a) Every railroad shall, on the first Monday in January of each year, and oftener if required by the commission, file with the commission a verified list of all railroad tickets, passes, and mileage books issued free or for other than actual bona fide money consideration at full established rates during the preceding year, together with the names of the recipients thereof, the amount received therefor, and the reason for issuing the same. This provision shall not apply to the sale of tickets at reduces rates open to the public. As amended, Stats. 1909, 138. 4568. Railroads to make annual reports to commission. SEC. 20. Every railroad company incorporated or doing business in this state, or which shall hereafter become incorporated or do business in this state shall, on or before the 15th day of September, 1907, and on or before the same day of each year thereafter, make and transmit to the commission in its office in Nevada a full and true statement, under oath of the proper officer of such corporation, of the affairs of such corporation relative to the State of Nevada, for the year ending on the 30th day of June preceding, which statement for the State of Nevada shall be similar in character and detail to the annual report required to be made by railroad companies to the interstate commerce commission, and such other and further information as may be required by the commission. See sec. 3555. 4569. May investigate violations of interstate commerce law-Reports to be filed with. SEC. 21. The commission shall have power, and on complaint of any person it is hereby made its duty, to investigate all or any freight rates on interstate traffic on railroads in this state, and when the same are, in the opinion of the commission, excessive or discriminatory, or are levied or laid in violation of the interstate commerce law, or in conflict 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 to the interstate commerce commission for relief. All freight tariffs issued by any such railroad relating to interstate traffic in this state shall be filed in the office of the commission within thirty days after the passage of this act, and all such tariffs thereafter issued shall be filed with the commission when issued. 4570. Penalty for unjust discrimination-Rebates, lower rates. SEC. 22. If any railroad, or any agent or officer thereof, shall directly or indirectly, by any special rate, rebate, drawback, or by means of false billing, false classification, false weighing, or by any other device whatsoever. charge, demand, collect or receive from any person, firm or corporation a greater or less compensation for any service rendered or to be rendered by it for the transportation of persons or property or for any service in connection therewith than that prescribed in the published tariffs then in force, or established as provided herein, or than it charges, demands, collects or receives from any other person, firm or corporation for a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such railroads shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the state treasury not less than one hundred dollars nor more than five thousand dol lars for such offense; and any agent or officer so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense. (a) It shall be unlawful for any railroad to demand, charge, collect or receive from any person, firm or corporation, a less compensation for the transportation of property or for any service rendered or to be rendered by said railroad in consideration of said person, firm or corporation furnishing any part of the facilities incident thereto; provided, nothing herein shall be construed as prohibiting any railroad from procuring any facilities or service incident to transportation and paying a reasonable compensation therefor. See secs. 3575 3577, 3581. 4571. Preferences unlawful. SEC. 23. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. See sec. 3581. 4572. Rebates-False devices misdemeanor-Penalty. SEC. 24. It shall be unlawful for any person, firm, or corporation knowingly to accept or receive any rebate, concession or discrimination in respect to transportation of any property wholly within this state, or for any service in connection therewith, whereby any such property shall by false billing, false classification, false weighing, or any other device whatsoever be transported at a less rate than that named in the published tariffs in force as provided herein, or whereby any service or advantage is received other than is herein specified. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense. See secs. 3581, 6737. 4573. Passes to state officials and other persons prohibited-ExceptionPenalty-Forfeiture of office. SEC. 25. It shall be unlawful for any person, firm or corporation engaged in business as a common carrier to give or furnish to any state, district, county or municipal officer of this state, or to any person other than those mentioned in section 8, any pass, frank, free or reduced transportation, or for any such state, district, county or municipal officer to accept such frank, pass, free or reduced transportation. Any firm, person or corporation, or the agent thereof, or any state, district, county or municipal officer violating the provisions of this section shall, upon conviction thereof, be fined in any sum not less than one hundred dollars, or more than five hundred dollars, and in addition to such penalty the office of any such state, district, county or municipal officer shall, upon his conviction, ipso facto become vacant. As amended, Stats. 1909, 139. 4574. Treble damages, when allowed-Proviso. SEC. 26. If any railroad shall do or cause to be done or permit to be done any matter, act or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by it, such railroad shall be liable to the person, firm or corporation injured thereby in treble the amount of damages sustained in consequence of such violation; provided, that any recovery as in this section provided shall in no manner affect the recovery by the state of the penalty prescribed for such violation. 4575. Failure to fill out blanks, make returns, give information, exhibit books or papers-Penalty. SEC. 27. Any officer, agent or employee of any railroad who shall wilfully fail or refuse to fill out and return any blanks as required by this act, or shall wilfully fail or refuse to answer any questions therein propounded, or shall knowingly or wilfully give a false answer to any such questions, or shall evade the answer to any such question, where the fact inquired of is within. his knowledge, or who shall, upon proper demand, wilfully fail or refuse to exhibit to any commissioner or any commissioners, or any person authorized to examine the same, any book, paper or account of such railroad, which is in his possession or under his control, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars for each such offense, and a penalty of not less than five hundred dollars nor more than one thousand dollars shall be recovered from the railroad for each such offense when such officer, agent, or employee acted in obedience to the direc-. tion, instructions or request of such railroad or any general officer thereof. 4576. Idem-Acts of omission and commission-Penalties. SEC. 28. If any railroad shall violate any provision of this act, or shall do any act herein prohibited, or shall fail, or refuse to perform any duty enjoined upon it, or upon failure of any railroad to place in operation any rate or joint rate, or do any other act herein prohibited, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the commission or any court (upon its application), for every such violation, failure or refusal, such railroad or railroads shall forfeit and pay into the state treasury a sum of not less than one hundred dollars nor more than ten thousand dollars for each offense. In construing and enforcing the provisions of this section, the act, omission or failure of any officer, agent, or other person acting for or employed by any railroad, acting within the scope of his employment shall in every case be deemed to be the act, omission or failure of such railroad. See sec. 3582. 4577. Other powers of commission to regulate. SEC. 29. Whenever, after hearing an investigation as provided by this act, the commission shall find that any charge, regulation, or practice affecting the transportation of passengers or property, or any service in connection therewith, not hereinbefore specifically designated, is unreasonable or unjustly discriminatory, it shall have the power to regulate the same as provided in sections 12 and 14 of this act. 4578. Duty of railroads to notify commission relative to accidentsInvestigations, notice of-Expenses-Evidence kept. SEC. 30. Every railroad shall, whenever an accident attendant with loss of human life occurs within this state, upon its line of road or on its depot grounds or yards, give immediate notice thereof to the commission. In the event of any such accident, the commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless, for greater convenience of those concerned, it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall seasonably notify an officer or station agent of the company of the time and place of the investigation. The cost of such investigation shall be certified by the chairman of the commission, and the same shall be audited and paid by the state in the same manner as other expenses are audited and paid and a record or file of said proceedings and evidence shall be kept by said commission. 4579. To inquire into neglect-Report violations to attorney-generalDuty to aid in prosecutions-Actions for forfeiture. SEC. 31. The commission shall inquire into any neglect or violation of the laws of this state by any such railroad corporation herein before defined doing business therein, or by the officers, agents or employees thereof, or by any person operating a railroad, and shall have the power and it shall be its duty to enforce the provisions of this act as well as all other laws relating to railroads and report all violations thereof to the attorney-general; upon request of the commission it shall be the duty of the attorney-general or the prosecuting attorney of the proper, or any county, to aid in any investigation, prosecution, hearing or trial had under the provisions of this act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this act and all other laws of this state relating to railroads and for the punishment of all violations thereof. Any forfeiture or penalty herein provided shall be recovered and suit thereon shall be brought in the name of the State of Nevada in the district court of any county having jurisdiction of the defendant. The attorney-general of Nevada shall be the counsel in any proceeding, investigation, hearing or trial prosecuted or defended by the commission or any prosecuting attorney selected by said commission, or other special counsel furnished said commission, in any county where such action is pending. 4580. Claims for damages or overcharge not acted on by railroad to be investigated-Annual reports to governor-Printing, where done. SEC. 32. All claims against any railroad for loss of or damage to property from any cause, or from overcharge upon any shipments, or from any other service, if not acted upon within ninety days from the date of the filing of such claim with the railroad, may be investigated by the commission, in its discretion, and the result of such investigation shall be duly recorded and filed in the archives of the commission, be opened to examination by the public, and be embodied in the commission's next regular report. The regular reports of the commission shall be made to the governor annually as soon after the thirty-first day of December in each year as may be feasible in order to bring the report down to that date. (a) It is hereby further provided that, except in cases of emergency, all the necessary printing of the commission shall be done at the state printing office, and it is made the duty of the state printer to have such printing done as expeditiously as possible. As amended, Stats. 1909, 139. 4581. Substantial compliance with act-Rules and regulations. SEC. 33. A substantial compliance with the requirements of this act shall be sufficient to give effect to all rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. 4582. Act not to affect other rights of action. SEC. 34. This act shall not have the effect to release or waive any right of action by the state or by any person for any right, penalty, or forfeiture which may have arisen or which may hereafter arise under any law of this state; and all penalties and forfeitures accruing under this act shall be cumulative and a suit for, and recovery of one, shall not be a bar to the recovery of any other penalty. 4583. All remedies available to commission. SEC. 35. In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations as to the provisions hereof and all orders of the commission, the commission can compel compliance with the provisions of this act and of the orders of the commission by proceedings in mandamus, injunction or by other civil remedies. 4584. All railroads to file copies of schedules of rates. SEC. 36. Every railroad in this state shall, within sixty days after the passage of this act, file in the office of the commission copies of all schedules of rates, including joint rates in force on its line or lines, between points within this state on the date this act takes effect. 4585. Each section of act independent. SEC. 37. Each section of this act and every part of each section is hereby declared to be independent sections and parts of sections and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or any part thereof. SHEEP COMMISSION An Act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their duties and prescribing their compensation. Approved March 26, 1907, 234 4586. Board of sheep commissioners. tions-Meetings. 4588. Officers-Rules of bureau of animal industry-Authority of inspectorsSecretary-Salary-Office-Tax rate to fix-Expenses, how paid-Annual report to governor Powers of board Quarantine and dipping Health regulations-Publication of orders Legal notice. 4589. Tax on sheep for inspection fund. 4591. Sheep inspectors, how appointed 4592. Report of inspectors. |