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public inspection. Reductions in such published Reductions. rates, fares, or charges may be made without previous public notice; but whenever any such reduction is made notice of the same shall be publicly posted, and the changes made shall immediately be made public by printing new schedules, or shall... immediately be plainly indicated upon te schedule.... at the time in force and kept for public inspection.... And when any such common carrier shall have. established and published its rates, fares, and charges. in compliance with the provisions of this section,.. it shall be unlawful for such common carrier to.. charge, demand, collect, or receive from any person or persons a greater compensation for the trans-... portation of passengers or property, or for any.. services in connection therewith than is specified.... in such published schedule of rates, fares, and charges as may at the time be in force.

of schedule

1

SEC. 7. That every common carrier subject to Shall Ale copy the provisions of this act shall file with the board with board. hereinafter provided for copies of its schedules of ........ rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly... notify said board of all changes made in the same. :: Every such common carrier shall also file with said Same, conboard copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act. to which it may be a party, and in cases where passengers and freight pass over continuous lines or routes operated by more than one common car

tracts.

Joint tariff rates.

rier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariff shall also, in like manner, be filed with said board. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said board, in so far as may, in the judgment of the board, be deemed practicable; and said board shall from time to time. Publication of prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such parts of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published; but no common carrier party to any such joint tariff shall be liable for the failure of any other common carrier party thereto, to observe and adhere to the rates, fares, or charges thus made and published.

same.

Failure to publish schedule.

Penalty.

If any such common carrier shall neglect or refuse to file or publish its schedule of rates, fares and charges, as provided in this section, or any part of the same, such common carrier shall in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any district court in the judicial district wherein the principal office of said common carriers is situated, or wherein such offense may be committed to compel compliance with the provisions of this act, and such writ shall issue in the name of the state on the relation of the board provided for in this act, and a failure to comply with its requirements, shall be

punishable as and for a contempt; and the said board as complainants may also apply in any court of competent jurisdiction for a writ of injunction. against such common carriers, to restrain such common carrier from receiving or transporting property as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section.

Carriage shall

SEC. 8. That it shall be unlawful for any com- be continous. mon carrier subject to the provisions of this act to enter into any combination, contract or agreement, expressed or implied, to prevent by change of time schedule, carriage in different cars or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage or interruption made by such common carrier shall prevent the carriage of freight from being treated as one continuous carriage from the place of shipment to the place of destination unless such break, stoppage or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any provisions of this

act.

common

carrier.

SEC. 9. That in case any common carrier sub- Liability of ject to the provisions of this act shall do, cause to be done, or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing, in this act required to be done, such common carrier shall be liable to the person or persons injured

Complaint to board or suit.

thereby for the full amount of damage sustained in consequence of any such violations of the provisions of this act, together with a reasonable counsel or attorney's fee to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.

SEC. 10. That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act, may either make complaint to the board as hereinafter provided for, or may bring suit in his or their own behalf, for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any court of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the methods of procedure herein provided for, he or they will adopt. In any such action brought in the district court for the recovery of damages, said court may compel any director, officer, receiver, trustee or agent of the corporation or company, defendant in such suit, to attend, appear and testify in such case, and may compel the production of the books and papers of such corporation or company, party to any such Evidence that suit. The claim that any such testimony or evinot be with- dence may tend to criminate the person giving such evidence, shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.

criminates can

held.

Roard of transportation.

SEC. 11. The attorney general, secretary of

state, auditor of public accounts, state treasurer, and commissioner of public lands and buildings, shall constitute a board of transportation, which board shall have power by a four-fifths vote to appoint three (3) secretaries to assist in the performance of the duties of said board, and they shall each be paid a salary of two thousand ($2,000) dollars per annum. Not more than two of the secretaries shall be appointed from the same political party. The secretaries of the board shall take the oath of office Secretary's prescribed for state officers, and shall enter into bonds to be approved by the governor, in the sum of ten thousand dollars ($10,000) conditioned for the faithful performance of their duties. No persons in the employ of any railroad corporation, or holding stock in any railroad corporation, shall be employed as secretary.

bond.

duties of board.

SEC. 12. That the board hereby created shall Powers and have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the board to perform the duties and carry out the objects for which it was created; and for the purposes of this act the board shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and to that end may invoke the aid of any the district