first section of this act until such common carrier shall have complied with the aforesaid provisions of this section.

594. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by a 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 attempt to avoid or necessarily interrupt such continuous carriage or to evade any provisions of this act.

595. That in case any common carrier subject 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 thereby for the full amount of damages 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.

596. 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 suit. The claim that any such testimony or evidence 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.

Not

597. 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. 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 prescribed for state officers, and shall enter into bonds, to be approved by the governor, in the sum of ten thousand ($10,000) dollars, 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.

598. That the board hereby created shall 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 of the district courts in this state, or of the supreme court, in requiring the attendance and testimony of witnesses, and the production of books, papers, and documents under the provisions of this section; and any court of competent jurisdiction, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act or other person, issue an order requiring such common carrier or other person to appear before said board (and produce books and papers if ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence 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. Board has jurisdiction to hear complaints and make orders relative to highway crossings over railroads, and such orders may be enforced by mandamus. State, ex rel. Lancaster Co., v. C., B. & Q. R. Co., 29, 412 (45 N. W., 469).

599. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, in contravention of the provisions thereof, may apply to said board by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the board to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the board. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only of the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the board to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of absence of direct damage to the complainant.

600. That whenever an investigation shall be made by said board it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the board are based, together with its recommendation as to what reparation, if any, could be made by the common. carrier to any party or parties who may be found to have been injured; and such findings so made shall hereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the board shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of.

601. That if in any case in which an investigation shall be made by said board it shall be made to appear to the satisfaction of the board, either by the testimony of witnesses or other evidence, that anything has been done, or omitted to be done, in violation of the provisions of this act, or any law cognizable by said board by any common carrier, or that injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the board to forthwith cause a

copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the board; and if, within the time specified, it shall be made to appear to the board that said common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the board, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the board, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law.

602. That whenever any common carrier, as defined in and subject to the provisions of this act, shall violate or refuse, or neglect to obey any lawful order or requirement of the board in this act named, it shall be the duty of the board, and lawful for any company or person interested in such order or requirement to apply in a summary way, by petition filed in the judicial district in which the common carrier complained of has its principal office, or in the district in which the violation or disobedience of such order or requirements shall happen, alleging such violation or disobedience as the case may be, and the said court shall have power to hear and determine the matter on such short notice to the common carrier complained of as the court shall deem reasonable, and said court shall proceed to hear and determine the matter speedily as a court of equity, but in such manner as to do justice in the premises; and to this end such court shall have, if it think fit, to direct and prosecute in such mode and by such persons as it may appoint; and such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said board shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court on such hearing, or on report of any such person or persons, that the lawful order or requirement of said board drawn in question has been violated or disobeyed it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory or otherwise, to restain such common carrier from further continuing such violation or disobedience of such order or requirement of said board, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and, if a corporation, against one or more of the directors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in default the sum of five hundred dollars for every day after a day to be named in the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, or in the treasury; and payment thereof made, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. Either party to such proceedings before said court may appeal to the supreme court of the state, under the

same regulations as now provided by law in respect to appeals in ordinary cases; but such appeals shall not operate to stay or supersede the order of the court, or the execution of any writ or process thereon, and such court may in every such matter order the payment of such costs and counsel fees as shall be deemed reason. able.

603. That the board may conduct its proceedings in such a manner as will best conduce to the proper dispatch of business, and to the ends of justice, a majority of the board shall constitute a quorum for the transaction of business, but no member of said board shall participate in any hearing or proceeding in which he is pecuniarily interested. Any party may appear before said board and be heard in person or by attorney. Every vote and official act of the board shall be entered of record, and its proceedings shall be public, upon the request of either party interested. Said board shall have an official seal, which shall be judicially noticed. Either of the members of the board, or of the secretaries, may administer oaths and affirmations. The board shall have authority to employ and fix the compensation of a stenographer for the use of said board and its secretaries, whose salary shall not exceed one thousand and five hundred dollars ($1,500) per year. Said board shall have the general supervision of all railroads operated by steam in the state, and shall inquire into any neglect of duty or violation of any of the laws of this state by railroad corporations doing business in this state, or by any officer, agent, or employee of any railroad corporation doing business in this state; and shall from time to time carefully examine and inspect the condition of each railroad in this state, and its equipments and manner of the conduct and management of the same, with reference to the public safety, interest, and conveniences. It shall carefully investigate any complaint made in writing, and under oath, concerning any lack of facilities or accommodations furnished by any railroad corporation doing business in this state, for the comfort, convenience, and accommodation of individuals and the public, or any unjust discrimination against either any person, firm or corporation, or locality, either in rates, facilites furnished, or otherwise; and whenever, in the judgment of said board, any repairs are necessary upon any portion of the road, or upon any stations, depots, station houses, or warehouses, or upon any of the rolling stock of any railroad doing business in this state, or additions to, or any changes in its rolling stock, stations, depots, station houses, or warehouses are necessary in order to secure the safety, comfort, accommodation, and cor.venience of the public and individuals, or any change in the mode of conducting its business or operating its road is reasonable and expedient in order to promote the security and accommodation of the public, or in order to prevent unjust discriminations against either persons or places, it shall make a finding of the facts, and an order requiring said railroad corporation to make such repairs, improvements, or additions to its rolling stock, road, stations, depots, or warehouses, or to make such changes either in the manner of conducting its business, or in the manner of operating its road, as such road shall deem proper, reasonable, and expedient; and said finding shall be entered in a record kept for that purpose, and said board shall cause a copy of the same to be served on the said railroad corporation by any sheriff or constable in this state, in the same manner as a summons is required to be served, and shall also transmit to the person, firm, or corporation interested a copy of the same. Said railroad corporation shall, within ten days after being served with a copy of said findings and order, show cause, if any it has, why it should not comply with said order, by filing with said board an answer, verified in the same manner as pleadings of fact in the district court are required to be verified. If no answer shall be filed as aforesaid, then such finding and order shall be final and conclusive as against said railroad corporation.

Upon the filing of an answer, as provided for in this section, the said board shall set a day, not exceeding thirty days from the date of the filing of such answer, for the hearing of the matter, and shall notify said railroad company or any other person or persons or corporations interested of the time so fixed, and the place of hearing the same, and shall carefully and fully investigate the matter, and for that purpose may subpoena witnesses, and compel their attendance, and the productions of any books or papers, in the same manner as the courts of law of this state may do. After a full investigation of the matter said board shall again make a finding of the facts and make such an order as it may deem just in the premises. If said railroad shall refuse or neglect to comply with such order, the board shall order the attorney general or the county attorney of the proper county to institute a suit to compel such railroad company to comply with such order; and it shall be the duty of the attorney general or the county attorney of the proper county, at the request of the board or any person interested in any such order or finding, to apply to the supreme court, or to the district court of any county through or into which its line of road may run, in the name of the state and on the relation of said board, for a writ of mandamus to compel such railroad company to comply with such order; and upon the hearing of any such cause such finding and order shall be, as against such railroad company, prima facie evidence of the reasonableness of such order and of the necessity of such repairs, changes, additions, or improvements, or other matters in such order required to be done or omitted.

604. That the principal office of the board shall be in the city of Lincoln where its general sessions shall be held; but whenever the convenience of the public or of the party may be promoted, or expenses prevented thereby, the board may hold special sessions in any part of the state. The board of transportation or any member thereof or either of its secretaries may prosecute any inquiry necessary to its duties in any part of the state, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.

605. That the board of transportation is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the board may need information. Such annual reports will show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipments; the number of employees and the salaries paid each class; the amount expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss, and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts with other common carriers, as the board may require, and the said board may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the board it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts and the manner in which such accounts shall be kept.

See sec. 499 ante.