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otherwise. No railroad company shall be permitted, by Limit of liability. contraćt or otherwise, to alter or change its common law liability as a common carrier, and all such contraćts shall be void, unless in writing, signed by the shipper, and expressed therein to be at owner's risk.
Sec. 6. (Loading Points—Freight Cars.) It shall be Stations. the duty of every railroad corporation in this State to establish loading points along the line of its road, at such points as may, upon written application and reasonable notice to the railroad corporation, and reasonable opportunity for hearing, be designated by said Railroad Commissioner, for the loading of live stock, ore, coal, coke, stone, lumber, lime, or other freight in car load lots. Every railroad corporation shall, upon written request and upon reasonable notice, furnish suit-Furnishing cars. able cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight, and receive and transport such freight with all reasonable dispatch, and provide and keep suitable facilities for receiving and handling the same at any depot, station, loading or unloading point on the line of its r pad; Provided. Whenever such when cars are railroad corporation shall not have under its control a " sufficient number of cars to supply the demand therefor, then such railroad corporation shall furnish to such applicants cars in the order in which such applications shall have been made; Provided, further, In every case where Commissioner the number of cars demanded by or for any person, firm or o, is also corporation, cannot be furnished and used within two days after the date of such demand, then, and in that case, cars shall be furnished to the several applicants in proportion to their respective needs therefor, and if such ratio cannot be agreed upon by and between the railroad corporation and the several such applicants, then the Railroad Commissioner shall, upon application of either party, fix such ratio.
SEC. 7. (Unjust Discrimination.) No railroad corpo-Discrimination. ration shall, without the written approval of said Commissioner, charge, demand or receive from any person, company or corporation, for the transportation of persons or property, or for any other service, a greater sum than it shall, while operating under the classification and schedule then in force, charge, demand or receive from any other person, company or corporation for a like service from the same place, or upon like conditions and under similar circumstances, and all concessions of rates, drawbacks and contračts for special rates shall be open to, and allowed all persons, companies and corporations alike, at the same rate
Five car lots.
per ton per mile, upon like conditions and under similar circumstances, except in special cases designed to promote the development of the resources of this State, when the approval of said Commissioner shall be obtained in writing. But nothing in this section shall be construed so as to prevent the said Commissioner from making a lower rate per ton per mile, in car load lots, than shall govern shipments in less quantities than car load lots, and from making lower rates for lots of not less than five car loads than for single car load lots, except in cases otherwise provided
Paoseockets for in this se&tion. All passenger tickets shall be trans
ferable by delivery, and no discrimination of any kind shall be made by any railroad corporation, or by its agents or employés, against the holder of any passenger ticket. All passenger tickets shall be good for one passage over the road, or part of road expressed therein; Provided, Nothing in this seótion shall be construed to prohibit the issuance of commercial, excursion or round-trip tickets, with the usual conditions therein, nor tickets limited as to time, but not as to person.
SEC. 8. (Extortion.) No railroad corporation shall charge, demand or receive from any person, company or corporation an unreasonable price for the transportation of persons or property, or for the handling or storing of freight, or for the use of its cars, or for any privilege or service afforded by it in the transaction of its business as a railroad corporation and not specified in the classification and schedule prepared and published by such railroad corporation. The superintendent, or other chief executive officer of each railroad in this State, shall cause to be kept posted up, in a conspicuous place in the passenger depot in each station where passenger tickets are kept for sale, a printed copy of the classification and schedule of rates of freight charges then in force on each railroad, for the use of the patrons of the road. Any railroad company violating any of the provisions of this section shall be deemed guilty of extortion, and be subjećt to the penalties hereinafter prescribed.
SEC. 9. (Penalty.) Any railroad corporation that shall violate any of the provisions of this ačt as to loading points, freight cars, unjust discrimination or extortion, shall forfeit, in every such case, to the person, company or corporation aggrieved thereby, three times the actual damage sustained or overcharges paid by the party aggrieved, which triple damages shall be adjudged to be paid, together
with the costs of suit and a reasonable attorney's fee, to be fixed by the court, and taxed with the costs; and, if an appeal or writ of error be taken from the judgment in such case, it shall be the duty of the appellate court, in case the judgment of the lower court shall be affirmed, or the plaintiff's right to recover sustained, to cause to be taxed, with the costs in that court, an additional reasonable attorney's fees for services in the appellate court; Provided, In all cases overcharges. where there shall be an agreed rate or price, in writing, for “” the transportation of any freight, to be delivered at any point in this State, such freight shall not be withheld for any alleged overcharge thereon, but, in every such case, all such freight shall be delivered, without delay, to the consignee, or his order, upon a tender by or for him of the amount expressed in such written agreement or bill of lading. And, in case such freight shall not be so delivered within twenty-four hours after demand, the consignee thereof, or his legal representatives or assigns, may recover the same in an ačtion for the claim and delivery of personal property, together with all costs of suit and a reasonable attorney's fee, to be allowed by the court; and, in every such case, service of process upon the agent, or person in charge of the station to which such freight shall have been shipped, shall be deemed legal and sufficient service on such railroad corporation.
SEC. Io. (Commissioner's Report.) The Railroad Report.
Commissioner shall, on or before the first day of December of each year, make a report to the Governor of his doings for the preceding year ending June 30, containing such fačts, statements and explanations as will disclose the working of the system of railroad transportation in this State, and its relation to the general business and prosperity of the State, and such suggestions and recommendations in regard thereto as may to him seem appropriate.
SEC. I I. (Report of Railroads—Penalty.) To enable Report of rail. said Commissioner to make such report, the president, or * other chief officer of each railroad corporation doing business in this State, shall annually make to said Commissioner, between the first day of August and the first day of September, such returns, in form and manner as said Commissioner may prescribe, as will afford the information required in his said official report. Said returns shall be verified by the oath of the officer making the same, and every such officer who shall wilfully neglect, or refuse to make such report by the first day of September, shall be
Refusal to answer subpoena.
Commissioner may institute suits.
liable to a penalty of one hundred dollars for each and every day after the first day of September that such returns shall be wilfully delayed or refused. And if any such officer shall make a report that is manifestly vague, indefinite, or evasive, he shall be liable to a like penalty; Provided, A&tions for the colle&tion of any penalty in this se&tion prescribed shall be brought within sixty days after the time herein fixed for filing such report.
SEC. 12. (Power to Call and Examine Witnesses.) The said Commissioner shall have the power, in the discharge of the duties of his office, to examine, under oath or otherwise, any officer, director, agent, or employé of any such corporation; he is empowered to issue any subpoena requiring the appearance of witnesses, and the produćtion of any books and papers, and administer oaths with like effect as is done in courts of law in this State. Any person who shall wilfully obstruct said Commissioner in the performance of his duties, or who shall wilfully neglect, or refuse, to appear in answer to any subpoena, or who shall refuse to give any information within his possession that may be required, or demanded, by said Commissioner, within the line of his duties, or who shall refuse to observe and obey any of the written orders of said Commissioner, as provided for in this ačt, shall be guilty of a misdemeanor, and shall be punished, on convićtion thereof, by a fine of not less than twenty dollars, nor exceeding one thousand dollars, or by imprisonment in the county jail for a period of not less than ten days, nor more than three months, or by both such fine and imprisonment, in the discretion of the COurt.
SEc. 13. (Expenses and Salaries.) The expenses hereinbefore provided for, and salary of said Commissioner, shall be paid quarterly, from the State Treasury.
SEC. 14. (Suits.) It shall be the duty of the Governor, on the request of said Commissioner, to direct the distrićt attorney of the proper distrićt, or the Attorney General of the State, to institute and prosecute any and all suits and prosecutions for a violation of this ačt, or any law of this State, concerning railroads, or railroad corporations, except private actions.
SEc. 15. (In Name of People—Oui Tam.) All suits and prosecutions, except private actions, for a violation of any provision of this ačt, shall be in the name of The People of the State of Colorado, and all moneys arising therefrom shall be paid into the State Treasury by the sheriff, or other officer, colle&ting the same, and there shall be allowed, as attorney's fees for prosecuting the same, to be paid out of Attorney's fees. the money so colle&ted, ten per cent. of each such sum, respectively, but no penalty shall thereby be increased; Provided, This ačt shall not be construed so as to prevent any person from prosecuting any qui tam ačtion authorized by law, or from receiving such part of the amount recovered in such ačtion as is or may be provided under any law of this State.
SEc. 16. (Complaint of County Commissioners.) Itylo make shall be the duty of the Railroad Commissioner, upon the "" written complaint and application of the board of county commissioners, or of twenty-five citizens of any county, setting forth therein the reasons therefor, and the relief sought, to make an examination of the rate of passenger fare, or freight tariff, charged by any railroad company, or of the condition, or operation, of any railroad between any points stated in the complaint, or request, aforesaid. Before making such examination, the said Commissioner shall give to the petitioners and to the railroad company reasonable notice, in writing, of the time and place of the intended examination, and an opportunity to be heard, and upon such examination, it shall be the duty of said Railroad Commissioner to find and report to the petitioner and the railroad company involved, upon any matters suggested in the complaint, and shall also report upon the petition to the Governor, as provided in se&tion ten of this ačt. The reasonable expenses of any such examination, to be allowed of by the Commissioner, shall be paid by the county, or citi- zens, as the case may be, on whose behalf the examination is made, in all cases where the prayer of the petition is denied, otherwise the same shall be paid by the railroad corporation. And in case the complaint shall be made by twenty-five citizens, they shall, upon the request of the Railroad Commissioner, give security for the costs before such hearing shall be ordered.
SEC. I7. (Accidents.) Upon the occurrence of any commissioner serious accident upon [any] railroad, which shall result in ...” bodily harm, or loss of life, to either passenger, employé, or other person, the corporation operating the road upon which the accident occurred shall give immediate notice thereof to
the Railroad Commissioner, whose duty it shall be, if he