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right to have place of trial changed to county where it has its principal place of business. (Lewis v. S. P. C. Co., 66 Cal. 209, 5 Pac. 79. To same effect: National Bank v. Superior Court, 83 Cal. 496, 24 Pac. 157; Trezevant v. Strong Co., 102 Cal. 49, 36 Pac. 395; Braily v. Times Co., 106 Cal. 58, 39 Pac. 209.)
An action for damages for injury occasioned by the negligence of a corporation may be commenced and tried in the county where the injury was received, and the corporation is not entitled as of right to a change of venue to the county where is located the principal place of business. (Jager v. California Bridge Co., 104 Cal. 542, 38 Pac. 413.)
Change of Venue-Bias of Judge.-The bias and prejudice of a judge against the defendant corporation and its president and resident manager is not a disqualification, and will not entitle the defendant to a change of the place of trial. (Bulwer C. M. Co. v. Standard etc. Co., 83 Cal. 613, 23 Pac. 1109.)
Foreign Corporation — Residence of.- Foreign corporation doing business here has no residence within the state, and an action against it may be tried in any county designated by the plaintiff in the complaint. (Thomas v. Placerville etc. Co., 65 Cal. 600, 4 Pac. 641.)
But a plaintiff is entitled to sue a corporation in the county where a contract was made only when the corporation is the sole defend. ant in the action and if he joins others who reside in a different county, they are entitled to change of venue to the county of their residence. (Griffin v. Magnolia etc. Co., 107 Cal. 378, 40 Pac. 495.)
TRANSPORTATION COMPANIES, RIGHTS AND LIABILITIES
Sec. 17, Art. XII. All railroad, canal, and other transportation companies are declared to be common carriers, and subject to legislative control. Any association or corporation, organized for the purpose, under the laws of this state, shall have the right to connect at the state line with railroads of other states. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad, and shall receive and transport each the other's passengers, tonnage, and cars, without delay or discrimination.
This and the subsequent sections of this article have no parallel in the Constitution of 1849. The purpose of their adoption was to place the railroad and other transportation companies under legislative control, and to prevent exorbitant and discriminating charges by railroad and other transportation companies. (Railroad Commrs. v. Market St. Ry. Co., 132 Cal. 678, 64 Pac. 1065; Constitutional Debates, pp. 453-624.)
Railroad Commrs. v. Market St. Ry. Co., 132 Cal. 685, 64 Pac. 1065.
OFFICERS OF CORPORATIONS, RESTRICTION AS TO INTER
ESTS. Sec. 18, Art. XII. No president, director, officer, agent, or employee of any railroad or canal company shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, nor in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by such company, except such interest in the business of transportation as lawfully flows from the ownership of stock therein.
See section 17, ante.
Railroad Commrs. v. Market St. Ry., 132 Cal. 686, 64 Pac. 1065.
FREE PASSES ON RAILROADS PROHIBITED TO STATE OFFI.
Sec. 19, Art. XII. No railroad or other transportation company shall grant free passes, or passes or tickets at a discount, to any person holding any office of honor, trust, or profit in this state; and the acceptance of any such pass or ticket, by a member of the legislature or any public officer, other than railroad commissioner, shall work a forfeiture of his office.
See section 17, ante.
Railroad Commrs. v. Market St. Fiy. Co., 132 Cal. 686, 64 Pac. 1065. Annotation.
Railroad Passes.- As to the nature of a proceeding to remove an officer for accepting a railroad pass, see People v. Superior Court, 114 Cal. 466, 46 Pac. 383.
PARES AND FREIGHTS TO BE REGULATED BY GOVERNMENT.
Sec. 20, Art. XII. No railroad company or other common carrier shall combine or make any contract with the owners of any vessel that leaves port or makes port in this state, or with any common carrier, by which combination or contract the earnings of one doing the carrying are to be shared by the other not doing the carrying. And whenever a railroad corporation shall, for the purpose of competing with any other common carrier, lower its rates for transportation of passengers or freight from one point to another, such reduced rates shall not be again raised or increased from such standard without the consent of the governmental authority in which shall he vested the power to regulate fares and freights.
See section 17, ante.
Railroad Commrs. v. Market St. Ry. Co., 132 Cal. 686, 64 Pac. 1065; Edson v. S. P. Co., 133 Cal. 26, 65 Pac. 15.
Competition.—Where a railroad company lowers its passenger rates in order to compete with another road, and afterward raises them without the consent of the railroad commissioners, such commissioners have no jurisdiction to require a restoration of the lower rate. (Edson v. Southern Pac. Co., 133 Cal. 25, 65 Pac. 15.)
DISCRIMINATION IN CHARGES BY CARRIERS FORBIDDEN.
Sec. 21, Art. XII. No discrimination in charges or facilities for transportation shall be made by any railroad or other transportation company between places or persons, or in the facilities for the transportation of the same classes of freight or passengers within this state, or coming from or going to any other state. Persons and property transported over any railroad, or by any other transportation company or individual, shall be delivered at any station, landing, or port, at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to any more distant station, port, or landing. Excursion and commutation tickets may be issued at special rates.
See section 17, ante.
South Pasadena v. Terminal Ry. Co., 109 Cal. 322, 41 Pac. 1093; Railroad Commrs. v. Market St. Ry. Co., 132 Cal. 686, 64 Pac. 1065.
RAILROAD DISTRICTS, ORGANIZATION OF.
Sec. 22, Art. XII. The state shall be divided into three districts as nearly equal in population as practicable, in each of which one railroad commissioner shall be elected by the qualified electors thereof at the regular gubernatorial elections, whose salary shall be fixed by law, and whose term of office shall be four years, commencing on the first Monday after the first day of January next succeeding their election. Said commissioners shall be qualified electors of this state and of the district from which they are elected, and shall not be interested in any railroad corporation, or other transportation company, as stockholder, creditor, agent, attorney or employee; and the act of a majority of said commissioners shall be deemed the act of said commission. Said commissioners shall have the power and it shall be their duty, to establish rates of charges for the transportation of passengers and freight by railroad or other transportation companies, and publish the same from time to time, with such changes as they may make; to examine the books, records, and papers of all railroad and other transportation companies, and for this purpose they shall have power to issue subpænas and all other necessary process; to hear and determine complaints against railroad and other transportation companies, to send for persons and papers, to administer oaths, take testimony, and punish for contempt of their orders and
processes, in the same manner and to the same extent as courts of record, and enforce their decisions and correct abuses through the medium of the courts. Said commissioners shall prescribe a uniform system of accounts to be kept by all such corporations and companies. Any railroad corporation or transportation company which shall fail or refuse to conform to such rates as shall be established by such commissioners, or shall charge rates in excess thereof, or shall fail to keep their accounts in accordance with the system prescribed by the commission, shall be fined not exceeding twenty thousand dollars for each offense, and every officer, agent, or employee of any such corporation or company, who shall demand or receive rates in excess thereof, or who shall in any manner violate the provisions of this section, shall be fined not exceeding five thousand dollars, or be imprisoned in the county jail not exceeding one year. In all controversies, civil or criminal, the rates of fares and freights established by said commission shall be deemed conclusively just and reasonable, and in any action against such corporation or company for damages sustained by charging excessive rates, the plaintiff, in addition to the actual damage, may, in the discretion of the judge or jury, recover exemplary damages. Said commission shall report to the governor, annually, their proceedings, and such other facts as may be deemed important. Nothing in this section shall prevent individuals from maintaining actions against any of such companies. The legislature may, in addition to any penalties herein prescribed, enforce this article by forfeiture of charter or otherwise, and may confer such further powers on the commissioners as shall be necessary to enable them to perform the duties enjoined on them in this and the foregoing section. The legislature shall have power, by a two-thirds vote of all the members elected to each house, to remove any one or more of said commissioners from office, for dereliction of duty, or corruption, or incompetency; and whenever, from any cause, a vacancy in office shall occur in said commission, the governor shall fill the same by the appointment of a qualified person thereto, who shall hold office for the residue of the unexpired term, and until his successor shali have been elected and qualified.
See railroad commissioners' act of 1880, post, Appendix.