A. D. 1992.

Personal vis:

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 Obedience to 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 a n d 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.

SEC. 8. That all contracts and agreements between railroad colupervision 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.

missioners as to

evidence.

.

.

nesses.

A. D, 1892.

Rules and regulations.

ments.

Viola tion of rules.

failure.

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.

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 to be made.

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.

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 Recovery. 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.

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 hereinbefore otherwise provided. All fines recovered under

the provisions of this Act shall be paid one-half into the State

recovery.

Injuries to perSons.

Damages.

time.

Rules of evidence.

Ones.

remedies

terms.

Treasury, to be used for such purposes as the General Assembly A. D. 1802. may provide, the other half into the County treasury of the County where said case is tried. The remedies now given by Cumul ative 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- Deinition 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

is applicable. 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 hereinbefore mentioned.

SEC. 13. That all railroad companies in this State shall on Duplicate redemand issue duplicate freight receipts to shippers, in which celpts. 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

require 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

.

for

sel fees.

A. D. 1892.

Annual Reports by Commissioners.

subpoenas.

nesses.

Statutes as is prescribed in Section 1466 for violation of the pro-
visions 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 pro-

vision of this Act.
Right to issue 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 wit-

nesses 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 Comp

troller-General upon presentation of subpænas sworn to by the
witnesses as to the number of days served and miles traveled,

before the Clerk of said Commissioners, who is hereby author-
Penalty for ized to administer oaths. In case any person shall willfully fail
disregard of
subpoena. or refuse to obey such subpæna, 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 Commission-
ers, 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 Commission-

ers : and said Circuit Judge shall have power to punish for Contempt. contempt as in other cases of refusal to obey the process or order

of the Court.
Penalty for SEC. 18. That every officer, agent or employee of any railroad
failure by agent,
&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 dol-
lars for each offense, to be recovered in an action in the name of
the State as provided in Section 9 of this Act.

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

Duties of commissioners.

A. D. 1892.

Pre

rectors.

day of December, A. D. 1892. That such vacancy shall be supplied as hereinbefore provided.

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,

No. 14.

AN ACT TO REPEAL SECTION 1 OF AN ACT ENTITLED “AN

ACT TO REQUIRE COUNTY TREASURERS TO REPORT NUM-
BER OF POLLS Who HAVE PAID THEIR POLL TAX TO THE
CHAIRMAN OF THE BOARD OF TRUSTEES IN THE SEVERAL
SCHOOL DISTRICTS, AND TO THE SCHOOL COMMISSIONER,
AND TO REQUIRE SCHOOL TRUSTEES TO REPORT TO THE
COUNTY AUDITOR ALL TAXABLE POLLS IN THEIR Dis-
TRICT," APPROVED DECEMBER 22, 1891, AND TO RETAIN
IN FORCE AN ACT ENTITLED “AN ACT TO AMEND THE
GENERAL STATUTES RELATING TO THE ASSESSMENT AND
COLLECTION OF TAXES FOR SCHOOL PURPOSES, AND TO
ADD Two NEW SECTIONS, TO BE KNOWN AS SECTION
2290 AND 2290," APPROVED DECEMBER 24TH, A. D. 1890.

20 Stat1019,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That all of Section 1 of an Act entitled “An Act to require County Trea- 24:4: 1891; 841; surers to report number of polls who have paid their poll tax to as to publication the Chairman of the Board of Trustees in the several school dis- pealed. tricts, and to the School Commissioner, and to require School Trustees to report to the County Auditor all taxable polls in their district,” approved December 29th, 1891, after the enacting words be, and the same is hereby, repealed. 2-A

(2500)