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portation of passengers and freight, pursuant to the provisions of the Constitution, said board shall serve a printed schedule of such rates, and of any changes that may be made in such rates, upon the person, co-partnership, company, or corporation affected thereby; and upon such service, it shall be the duty of such person, co-partnership, company, or corporation to immediately cause copies of the same to be posted in all its offices, station-houses, warehouses, and landing offices affected by such rates, or change of rates, in such manner as to be accessible to public inspection during usual business hours. Said board shall also make such further publication thereof as they shall deem proper and necessary for the public good. If the party to be served, as hereinbefore provided, be a corporation, such service may be made upon the president, vice-president, secretary, or managing agent thereof, and if a co-partnership, upon any partner thereof. The rates of charges established or adopted by said board, pursuant to the Constitution and this Act, shall go into force and effect on the twentieth day after service of said schedule of rates, or changes in rates, upon the person, co-partnership, company, or corporation affected thereby, as hereinbefore provided. [See also Section 489, Civil Code.]. SEC. 12. When jurisdiction is, by the Constitution, conferred on the Board of Railroad Commissioners, all the means necessary to carry it into effect are also conferred on said board; and when, in the exercise of jurisdiction within the purview of the authority conferred on said board by the Constitution, the course of proceeding be not specifically pointed out, any suitable process or mode of proceeding may be adopted by the board which may appear most conformable to the spirit of the Constitution.
SEC. 13. The said board shall, immediately after entering upon the performance of its duties, demand and receive from the Transportation Commissioner, appointed under an Act approved April first, eighteen hundred and seventy-eight, section nine, chapter one, all public property belonging to the office of said Transportation Commissioner, in his possession, or under his control, and it is hereby made his duty to deliver the same to the said board.
SEC. 14. The term "transportation companies" shall be deemed to mean and include:
First-All companies owning and operating railroads (other than street railroads) within this State.
Second-All companies owning and operating steamships engaged in the transportation of freight or passengers from and to ports within this State.
Third-All companies owning and operating steamboats used in transporting freight or passengers upon the rivers or inland waters of this State. The word "company," as used in this Act, shall be deemed to mean and include corporations, associations, partnerships, trustees, agents, assignees, and individuals. Whenever any railroad company owns and operates, in connection with its road and for the purpose of transporting its cars, freight, or passengers, any steamer or other watercraft, such steamer or other watercraft shall be deemed a part of its said road. Whenever any steamship or steamboat company owns and operates any barge, canal-boat, steamer, tug, ferryboat, or lighter, in connection with its ships or boats, the things so owned and operated shall be deemed to be part of its main line.
SEC. 15. The salaries of the Commissioners, secretary, bailiff, and all other officers and attachés in any manner employed by the Board of Commissioners, and all expenses of any kind created under this Act, shall be paid out of any money in the General Fund not otherwise appropriated, and the Controller of State is hereby authorized and directed to draw his warrants from time to time for such purposes, and the State Treasurer is hereby authorized and directed to pay the same. SEC. 16. This Act shall take effect immediately.
105 Cal. 320; 130 Cal. 20.
RULES OF THE BOARD OF RAILROAD COMMIS
The Railroad Commissioners of the State of California hereby adopt the following rules to govern the exercise of the judicial power conferred upon the Commissioners by the State Constitution, and the laws made in pursuance thereof:
RULE I. Any person believing himself aggrieved by any railroad or other transportation company, in any particular, may file his complaint against such railroad or transportation company with the secretary of the Commissioners. The secretary must indorse on the complaint the day, month, and
year that it is filed, and must, at the request of the person filing the same, issue a summons thereon.
RULE II. The summons must be directed to the defendant, must be signed by the secretary, and attested by the seal of the Commissioners, and must contain:
1. The names of the parties to the proceeding;
2. A statement of the nature of the complaint;
3. A direction that the defendant appear and answer it within fifteen days after service thereof.
RULE III. The summons may be served by the bailiff of the Commissioners, or by any citizen of the State, and shall be served by delivering a copy thereof, together with a copy of the complaint, to the defendant, or if the defendant is a corporation, to the president, secretary, treasurer, or managing agent thereof. Proof of service of summons and complaint must be as follows:
1. If made by the bailiff, his certificate thereof; 2. If by any other person, his affidavit thereof.
RULE IV. From the time of the service of summons and copy of complaint, the Commissioners shall be deemed to have. acquired jurisdiction of the parties and subject-matter. The voluntary appearance of the defendant is equivalent to personal service.
RULE V. The complaint must contain:
1. The names of the parties to the proceeding;
2. A statement of the cause of complaint, in ordinary and concise language, giving such particulars of time, place, and circumstances as may enable the defendant to answer the same intelligently;
3. A demand of the relief claimed.
RULE VI. The complainant may write several causes of complaint in the same complaint, but the causes so united must be separately stated.
RULE VII. The defendant may, within the time required in the summons to answer, object to the complaint upon the following grounds:
1. That it does not state facts sufficient to authorize the proceedings;
2. That it contains more than one cause of action, and that such causes are not separately stated;
3. That it is ambiguous, uncertain, or unintelligible.
RULE VIII. If the objection is sustained, the complainant may, within ten days thereafter, amend his complaint. If the objection is overruled, the defendant may, within ten days thereafter, answer the complaint.
The answer of the defendant may contain:
1. A general or specific denial of the allegations of the complaint controverted by him;
2. A statement of any new matter of defense, or in mitigation or explanation of the charges made in the complaint.
RULE X. The complainant may, within ten days after the service of the answer, object to the same as insufficient, and if the objection is sustained, the defendant may, within ten days thereafter, amend his answer.
RULE XI. The complaint, answer, and demurrer must be subscribed by the party or by some attorney at law in his behalf. If the complaint is verified, the answer must be verified in the same manner, by the persons and in the form required by the Code of Civil Procedure in civil cases.
RULE XII. The provisions of Sections 452, 453, 462, 463, 464, 465, 469, 470, 471, 472, 473, 475, and 476 of the Code of Civil Procedure shall be applicable to pleadings before these Commissioners.
RULE XIII. If the defendant fails to appear and answer the complaint, the Commissioners shall render such decision thereon, within the relief demanded in the complaint, as the facts may warrant.
RULE XIV. The secretary of the Commissioners must keep a calendar of the proceedings at issue, according to the date of service of the summons; and Sections 594, 595, and 596 of the Code of Civil Procedure shall be applicable to the proceedings to be had after said proceedings are entered on the calendar.
RULE XV. Any party to such proceeding, feeling aggrieved at the decision of the Commissioners, may, within sixty days after such decision, apply to the Commissioners for a rehearing; such application shall be in writing, and shall be filed with the secretary. The application may be made upon any or all of the following grounds:
1. Irregularity in the proceedings or abuse of discretion, by which the party was prevented from having a fair rehearing; 2. Accident or surprise which ordinary prudence could not have guarded against;
3. Newly discovered evidence, material for the party making
the application, which could not with reasonable diligence have been discovered and produced at the trial;
4. Insufficiency of evidence to justify the decision, or that it is against law;
5. Error of law occurring on the trial.
Sections 658, 659, and 660 of the Code of Civil Procedure shall be applicable to such rehearing.
RULE XVI. Sections 668, 669, and 670 of the Code of Civil Procedure shall be applicable to the entry of the decisions of these Commissioners.
RULE XVII. The provisions of Part IV of the Code of Civil Procedure, relating to the general principles, kinds and degrees, production, and effect of evidence, and of the rights and duties of witnesses, shall be applicable to proceedings before these Commissioners.
RULE XVIII. The word "person" in these rules includes corporations and firms; the singular, the plural; and the masculine, the feminine and neuter genders.
RULE XIX. These rules may be amended at any regular meeting of the Commissioners, and amendments so made shall go into effect sixty days thereafter.
RULE XX. These rules shall be in force from and after the first day of July, 1881.
An Act to enable railroad companies to complete their
[Approved April 1, 1878.]
The people of the State of California, represented in Senate and Assembly, do enact as follows:
SECTION 1. Every railroad company heretofore organized under the laws of this State, and which has completed a portion of its road prior to the passage of this Act, is hereby authorized and empowered to complete its road as described in its articles of incorporation, notwithstanding it may not have begun the construction of its road within two years after filing its original articles of incorporation, and notwithstanding it may not have completed and put in operation five miles of its road each year thereafter.
SEC. 2. This Act shall take effect from and after its passage.