« AnteriorContinuar »
A. D. 1892.
Rules for examination.
of agents and
SEC. 7. That it shall be the duty of said Commissioners when necessary to investigate so much of the books and papers Investigation of all the railroad companies doing business in this State as of books and they may think proper, to ascertain if the rules and regulations as aforesaid have been complied with, and to make personal tations. visitations of railroad offices, stations and other places of business for the purpose of examinations, and to make rules and regulations concerning such examinations, which rules and regulations shall be observed and obeyed as other rules and regulations as aforesaid; said Commissioners shall also have full Examination power and authority to examine all agents and employees of said employees. railroad companies and other persons under oath and otherwise, in order to procure the necessary information to make just and reasonable rates of freight and passenger tariffs, and to ascertain if such rules and regulations are observed or violated, and to make necessary and proper rules and regulations concerning such examinations, and which rules and regulations herein provided for shall be obeyed and enforced as all other rules and regulations provided for in this Act. That the powers herein conferred upon the Commissioners to fix passenger and freight Delegation of rates, joint and several, are hereby delegated to them by the General Assembly, as fully as the General Assembly itself could exercise them; and in arriving at their conclusions and decisions as to what are just and reasonable rates, and in making examinations for such purpose, they shall have the powers con- Powers of Comferred in Sections 1465, 1466, 1467 and 1468 of the General witnesses and Statutes for securing the attendance of witnesses, reports and testimony of officers, agents or employees of railroad companies, and for the production of books and papers; and for violation Penalties. of the provisions of this Section the same penalties are hereby imposed as are provided in said Sections respectively; and such witnesses shall receive the compensation prescribed in Section Fees of wit1465.
missioners as to
SEC. 8. That all contracts and agreements between railroad Supervision of companies doing business in this State as to rates of freight and passenger tariffs shall be submitted to said Commissioners for inspection and correction, that it may be seen whether or not they are a violation of the law or of the provisions of the Constitution or of this Act, or of the rules and regulations of said Commissioners; and all arrangements and agreements whatever as to the division of earnings of any kind by competing railroad Division of companies doing business in this State shall be submitted to approved.
earnings to be
A. D, 1892.
Rules and regulations.
said Commissioners for inspection and approval, in so far as they affect rules and regulations made by said Commissioners to secure to all persons doing business with said companies just and reasonable rates of freight and passenger tariff; and said Commissioners may make such rules and regulations as to such contracts and agreements as may be then deemed necessary and proper; and any such agreements not approved by such Commissioners, or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers, shall be deemed, Void agree held and taken to be violations of this Act, and shall be illegal and void.
to be made.
SEC. 9. That if any railroad company doing business in this State, by its agents or employees, shall be guilty of a violation of the rules and regulations provided and prescribed by said. After notice. Commissioners, and if, after due notice of such violation given Recompense to the principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation, as may be directed by said Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offense of not less than one Penalty for thousand dollars nor more than five thousand dollars, to be fixed Action for by the presiding Judge. An action for recovery of such penalty shall lie in any Court in the State where such violation has occurred or wrong has been perpetrated, and shall be in the How instituted. name of the State of South Carolina. The Commissioners shall institute such action through the Attorney-General or any of the Solicitors of this State.
Injuries to per
SEC. 10. That if any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the County where the same is done in any Court having jurisdiction thereof, and the damages to be recovered shall be the same as in actions between individuals, except that in cases of willful violation of law such railroad Limitation of companies shall be liable to exemplary damages: Provided, That all suits under this Act shall be brought within twelve months of the commission of the alleged wrong or injury.
Rules of evidence.
SEC. 11. That in all cases under the provisions of this Act the rules of evidence shall be the same as in civil actions, except Disposition of as herein before otherwise provided. All fines recovered under the provisions of this Act shall be paid one-half into the State
Treasury, to be used for such purposes as the General Assembly A. D. 1892. may provide, the other half into the County treasury of the County where said case is tried. The remedies now given by Cumulative law against railroad corporations, and this Act, shall not be construed as repealing any Statute giving such remedies.
SEC. 12. That the terms "Railroad Corporation" or "Rail- Definition of road Company" contained in this Act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate, any railroad, in whole or in part in this State, and the provisions of this Act shall apply to all persons, firms and companies, and to all associa- To whom Act tions of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railroads in this State, (street railways and express companies excepted) the same as to railroad corporations herein before mentioned.
SEC. 13. That all railroad companies in this State shall on demand issue duplicate freight receipts to shippers, in which shall be stated the class or classes of freights shipped, the freight charges over the road giving the receipt, and, so far as practicable, shall state the freight charges over other roads that carry such freight. When the consignee presents the railroad receipt Delivery of to the agent of the railroad that delivers such freight, such agent shall deliver the articles shipped on payment of the rate charged for the class of freights mentioned in the receipt. If any rail- Penalty. road company shall violate the provisions of this Act, such railroad company shall incur a penalty to be fixed and collected as provided in Section 9 of this Act.
SEC. 14. If any railroad company shall neglect or refuse to Mandamus to comply with the provisions of this Act, or of Title 12, Chapter 40, ance. of the General Statutes, or with the rules and regulations prescribed by said Commissioners within the limit of their authority, such company shall be subject to a writ of mandamus, to be issued by any Justice of the Supreme Court, or Circuit Judge, upon application of the Commissioners, or a majority of them, to require compliance with said laws or said rules and regulations, and failure to comply with said writ of mandamus shall be punishable, Punishment as for contempt; and for any willful violation of any of said laws, or failure to comply with the requirements of such rules. or regulations, the Court may award such costs and counsel Costs and counfees, on the return of said writs, and after due deliberation thereon, as may be just.
SEC. 15. That the same penalty is hereby imposed for viola- Penalties. tion of any of the provisions of Section 1514 of the General
A. D. 1892.
Annual R eports by Commissioners.
Right to issue subpoenas.
Statutes as is prescribed in Section 1466 for violation of the provisions of that Section.
SEC. 16. That it shall be the duty of the Commissioners herein provided for to make to the General Assembly annual reports of the transactions of their office, and to recommend from time to time such legislation as they may deem advisable under the provision of this Act.
SEC. 17. That said Railroad Commissioners in making any examination for the purpose of obtaining information pursuant to this Act shall have power to issue subpoenas for the attendance of witnesses by such rules as they may prescribe, and said witnesses shall receive from the State Treasury for such attendance Fees of wit- one dollar per day and five cents per mile traveled by the nearest practicable route in going to and returning from the place of How paid. meeting of said Commissioners, to be ordered paid by the Comptroller-General upon presentation of subpoenas sworn to by the witnesses as to the number of days served and miles traveled, before the Clerk of said Commissioners, who is hereby authorPenalty forized to administer oaths. In case any person shall willfully fail subpoena. or refuse to obey such subpoena, it shall be the duty of any Circuit Judge of the Court of Common Pleas and General Sessions of any County, upon application of said Commissioners, to issue an attachment for such witness and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners and said Circuit Judge shall have power to punish for contempt as in other cases of refusal to obey the process or order of the Court.
Penalty for failure by agent,
SEC. 18. That every officer, agent or employee of any railroad &c., to report, &c company who shall willfully neglect or refuse to make and furnish any report required by the Commissioners as necessary to the purposes of this Act, or who shall willfully and unlawfully hinder, delay or obstruct said Commissioners in the discharge of the duties imposed upon them, shall forfeit and pay a sum of not less than one hundred dollars nor more than one thousand dollars for each offense, to be recovered in an action in the name of the State as provided in Section 9 of this Act.
Duties of Commissioners.
of R. R. Com
SEC. 19. That it shall be the duty of the Commissioners to enforce the provisions of this Act and of Title XII of the General Statutes where not repugnant to this Act.
SEC. 20. That the offices of Railroad Commissioners in this missioners de- State be, and the same are hereby, declared vacant from the 31st
day of December, A. D. 1892. That such vacancy shall be sup-
A. D. 1892.
sidences of Pre
SEC. 21. That all railroad companies owning or operating a Names and reline or railroad situated in whole or in part within the limits sident and Diof this State shall deposit with the Railroad Commissioners a list containing the names and residences of the President and Board of Directors of the railroad company owning or operating the said line of railroad.
SEC. 22. That all Acts or parts of Acts inconsistent with this Repealing Act be, and the same are hereby, repealed.
SEC. 23. That this Act shall take effect immediately upon and
after its approval.
Approved December 19th, A. D. 1892.
When to take effect,
AN ACT TO REPEAL SECTION 1 OF AN ACT ENTITLED "AN
A. A. 1891, $1, as to publication
20 Stat., 1049,
of poll lists, re
SECTION 1. Be it enacted by the Senate and House of Repre-