CONSTITUTIONAL AMENDMENT PROVID ING FOR A RAILROAD COMMISSION. The acts providing for a Railroad Commission and increasing its powers are included in Kirby's Digest of 1904, under Sections 6788 to 6831 inclusive, except Section 6809, which provides: • Sec. 6809. In all actions between private parties and railroad companies brought under the law establishing a Railroad Commission and defining its powers and duties, the rates, charges, orders, rules, regulations and classifications prescribed by said Commission before the institution of such action shall be held, deemed and accepted to be reasonable, fair and just, and in such respects shall not be controverted therein. Act February 27, 1901. Sec. 6787. The General Assembly shall pass laws to correct abuses and prevent unjust discriminations and excessive charges by railroads, canals and turnpike companies for transporting freight and passengers, and shall provide for enforcing such laws by adequate penalties and forfeitures, and shall provide for the creation of such offices and commissions and vest them in such authority as shall be necessary to carry into effect the powers hereby conferred. Constitution of Arkansas, Article 17, Section 10, Amendment No. 4. ACT LIII. ACTS OF MARCH 11 AND APRIL 15, 1899, PROVIDING FOR A RAILROAD COMMISSION FOR THE STATE OF ARKANSAS. AN ACT to provide for the regulation of railroad freight and passenger tariffs in this State, to prevent unjust discriminations and extortion in the rates charged for the transportation of passengers and freight, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto; and to appoint Commissioners and to prescribe rules for their government and define their powers and duties in relation to the same. Section 1. Board to consist of three members, how chosen, term of office, salary. Sec. 2. Qualification of Commissioners, and when office declared vacant. Sec. 3. Commissioners to hold no other office and engage in no business inconsistent with their duties. Sec. 4. Governor to fill vacancies by appointment. Sec. 5. Oath of office. Sec. 6. Organization of board, two a quorum, appoint and fix salaries of Secretary and stenographer, make rules for their government, known by what name, to have a seal, keep office at Little Rock, expenses, how paid. Sec. 7. State to pay actual transportation expenses of Commissioners, etc. May accept free transportation. Sec. 8. State. Commission may hold sessions any place in the Sec. 9. Railroads and express companies in fifteen days after notice to furnish their rate sheet to the Commission, who shall examine and revise same, fix just rates upon notice to carrier, when to take effect, what to consider in fixing rates. Rates fixed by Commission not subject to change except upon ten days' notice to carrier. May fix rates for companies failing to furnish rate sheets. Sec. 10. Carrier must keep posted up in conspicuous place at depot printed scedule of rates, what to be stated therein, when to take effect. Shall not charge more than specified in schedule, when to give duplicate receipts and what to state therein. Provisions of this act to apply to all property and all services for transportation thereof and compensation therefor on one continuous haul, and what is a continuous haul. Schedule of rates to take immediate effect at points of water competition. Sec. 11. Carrier shall not demand or receive a greater or less rate from one person than another. Rebates, drawbacks or any preferences either in rates or in furnishing cars or motive powers forbidden. Sec. 12. Pooling profits or dividing between different carriers the transportation of property forbidden. What persons or property may be carried free or at reduced rates. Sec. 13. When a short haul is included in the long. Sec. 14. Liable to individuals for double damages for injuries resulting to them by violation of this act. Sec. 15. Any person or corporation may complain against the tariff of charges approved by the Commission. Complainants to be heard in person or by attorney. Commission to take testimony and regulate argument. Carriers not liable for making charges in conformity with the schedule of rates made by the Commission. Sec. 16. Upon notice to do so, carriers shall furnish Commission with all information required relative to management of their roads and with copies of leases, contracts. and agreements with other lines, express companies or sleeping car companies. Also, as to number of persons employed in the different departments of their service and wages paid them. Sec..17. Companies to make annual returns of business, showing receipts and expenditures on forms furnished by Commission, first returns to be made thirty days after passage of this act. Penalty for failure. Sec. 18. Penalty where no other penalty is fixed by this act, how recovered, but where suit is brought to recover penalty for violating tariff charges it may be shown in defense that such charge was unjust. Sec. 19. Determinations of Commission to be in writing and made of record subject to inspection. Same proved by certified copy and received in evidence in courts of this State in all civil cases, and shall be prima facie evidence that the determination of Commission was right. Sec. 20. This act not to apply to tariff of charges in transportation of persons or property wholly outside of this State. Sec. 21. Salaries and expenses of Commission, how and when paid. When expenses paid in advance. Sec. 22. When Commission may proceed by mandamus. Sec. 23. When Commission to investigate discrimination and overcharges. Sec. 24. What carriers included in this act. Sec. 25. Commissioners may inspect books and papers of carriers and examine officers, agents and employees under oath. Penalty for refusing to submit to inspection. Sec. 26. Penalty for agent, employee or officer refusing to submit books to inspection. Sec. 27. Commission to ascertain cost of construction of each road and what it would cost to reconstruct it and replace all its physical property. To make report in duplicate to Attorney General and Auditor. |