pursuant to the provisions of section 27 of this act, or until changed or modified by the commission itself upon satisfactory showing made. 4540. Appeal to district court, when-Procedure-Actions to have précedence-Injunction only after notice-Contradictory evidence, how treated-Order may be rescinded or modified, when-Appeal may be taken, when-Burden of proof. SEC. 26. Any party in interest being dissatisfied with an order of the commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may within ninety (90) days commence an action in the district court of the proper county against the commission and other interested parties as defendants to vacate and set aside any such order on the ground that the rate or rates, fares, charges, classifications, joint rate or rates, fixed in such order is unlawful or unreasonable, or that any such regulation, practice, or service, fixed in such order is unreasonable. The commission and other parties defendant shall file their answers to said complaint within thirty (30) days after the service thereof, whereupon such action shall be at issue and stand ready for trial upon twenty (20) days' notice to either party. All actions brought under this section shall have precedence over any civil cause of a different nature pending in such court, and the court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions; any party to such action may introduce evidence in addition to the transcript of the evidence offered to said commission. (a) No injunction shall issue suspending or staying any order of the commission except upon application to the court or judge thereof, notice to the commission having been first given and hearing having been had thereon: provided, that all rates fixed by the commission shall be deemed reasonable and just, and shall remain in full force and effect until final determination by the courts having jurisdiction. (b) If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the court to be different from that offered upon the hearing before the commission, or additional thereto, the court, before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall stay further proceedings in said action for fifteen (15) days from the date of such transmission. Upon receipt of such evidence the commission shall consider the same, and may later modify, amend or rescind its order relating to such rate or rates, fares, charges, classifications, joint rate or rates, regulation, practice or service complained of in said action. and I shall report its action thereon to said court within ten days from the receipt of such evidence. (c) If the commission shall rescind its order complained of, the action _shall be dismissed; if it shall alter, modify or amend the same, such altered, modi fied or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon, as though made by the commisIsion in the first instance. If the original order shall not be rescinded or changed by the commission, judgment shall be rendered upon such original order. (d) Either party to said action within sixty (60) days after service of a on error as in other civil actions. Where an appeal is taken to the supreme copy of the order or judgment of the court may appeal or take the case up court of Nevada the cause shall, on the return of the papers to the higher court, be immediately placed on the calendar of the then pending term shall be assigned and brought to a hearing in the same manner as causes on the calendar. (e) In all actions under this act the burden of proof shall be upon and other the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be. 4541. Notice of serious accidents given commission-Investigation. SEC. 27. Every public utility shall, whenever an accident occurs in the conduct of its operations, causing death or personal injuries, give immediate notice thereof to the commission. If in its judgment the public interest requires it, the commission shall cause an investigation to be made forthwith, at such place and in such manner as the commission shall deem it best. 4542. Penalties for public utility violating this act. SEC. 28. If any public utility shall violate any provision of this act, or shall do any act herein prohibited, or shall fail, or refuse to perform any duty enjoined upon it, or upon failure of any public utility to place in operation any rate or joint rate, or do any act herein prohibited, for which a penalty has not been provided, or shall fail, neglect, or refuse to obey any lawful requirement or order made by the commission or any court for every such violation, failure or refusal, such public utility shall be subject to the penalty prescribed by section 8 of this act. 4543. All reports to commission must be sworn to-False oath perjury. SEC. 29. Every annual report, record or statement required by this act to be made to the commission shall be sworn to by the proper officer, agent or person in charge of such public utility. Any intentionally false oath as to the correctness of such report, record or statement, shall be deemed perjury, and the person making such false oath shall, upon conviction, be punished as in the case of other perjuries. 4544. Suits at law-Attorney-general to represent commission-Special counsel. SEC. 30. Any forfeiture or penalty herein provided shall be recovered and suit thereon shall be brought in the name of the State of Nevada in the district court of any county having jurisdiction of the defendant. The attorneygeneral of Nevada shall be the counsel in any proceeding, investigation, hearing or trial, prosecuted or defended by the commission, as also shall any prosecuting attorney selected by said commission, or other special counsel furnished said commission in any county where such action is pending. 4545. May compel compliance by mandamus. SEC. 31. In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations of the provisions thereof, and all orders of the commission, the commission may compel compliance with the provisions of this act and of the orders of the commission by proceedings in mandamus, injunction, or by other civil remedies. 4546. Printing for commission, where done. SEC. 32. Except in cases of emergency, all the necessary printing of the commission shall be done at the state printing office, and it is made the duty of the state printer to have such printing done as expeditiously as possible. 4547. Traveling and other expenses. SEC. 33. The commission and secretary, and such clerks and experts as may be employed, shall be entitled to receive from the state their necessary expenses while traveling on the business of the commission, including the cost of lodging and subsistence. Such expenditure shall be sworn to by the person who incurred the expenses and be approved by the chairman of the commission. 4548. Each section independent of all others as regards constitutionality. SEC. 34. Each section of this act and every part of each section are hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void or inoperative for any cause shall not be deemed to affect any other section thereof. STATE RAILROAD COMMISSION See statutes regulating incorporation of railroads and governing railroads generally, secs. 3511-3601. An Act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges. Approved March 5, 1907, 73 4549. Railroad commission board created Who constitute Commissioners appointed-Term of office-Vacancy Chief commissioner Associate commissioners-Equal voice-Political complexion-May be removed for cause-Not to be interested in railroads Complaints to be investigated within reasonable time-Effect of failure-Chief and first associate commissioner to give entire timeOaths to be taken - Salaries-Secretary of, salary- Official title of commission Office kept at Carson CitySessions held any placeExpenses-Rules of procedure To confer with similar bodies of other states and attend conventions Present commission not disturbed. 4550. Meaning of term "railroad"—What provisions of act apply to. 4551. Adequate service required for reasonable charge. 1552. Railroads to furnish schedules-Open to public inspection-What to state and include-Copies to be kept in file in depots and offices Joint rates Changes not to be made without notice to commission Notice of changes given to publicUnlawful to make greater or less charge than given in scheduleForm of schedule. 4553. Joint rates to be just and reasonable- 4555. Powers of commission to regulate 4557. Duty to maintain adequate depots and buildings Commission may enforce. 4558. Duty of railroad to furnish suitable cars-No discrimination-Proviso— Commission may make regulations. 4559. Connecting lines-Duties to each other - Precedence to live stock and perishable freight-When may control private tracks. 4560. Commission to act on complaintsHearings-Process for witnessesPower of commission to remedyMay act on own motion-Railroad may be complainant. 4561. Each commissioner may administer 4562. Power to fix reasonable rates an serv with May 4563. Regulations prima facie reasonable and lawful. 4564. Railroads may institute action against commission to set aside ordersProcedure-Precedence-Inju netion Trial-Judgment- Appeal-Burden of proof. 4565. Rules of procedure-Witnesses Irmunity Certified copies, prima evidence. 4566. Authority of commission to inquiries-Blanks, form of facie make Duty of railroad to furnish information Inspection Subpenas-Penalt disobedience. for 4567. Joint traffic contracts to be furnished on request-List of passes or age books. mile 4568. Railroad to make annual reports to commission. inter to be 4570. Penalty for unjust discrimination Rebates, lower rates. 4571. Preferences unlawful. 4549. Railroad commission board created-Who constitute-Commissioners appointed-Term of office-Vacancy-Chief commissioner-Associate commissioners-Equal voice-Political complexion-May be removed for causeNot to be interested in railroads-Complaints to be investigated within reasonable time-Effect of failure-Chief and first associate commissioner to give entire time-Oaths to be taken-Salaries-Secretary of, salary-Official title of commission-Office kept at Carson City-Sessions held any place-ExpensesRules of procedure-To confer with similar bodies of other states and attend conventions-Present commission not disturbed. SECTION 1. A railroad commission is hereby created, to be composed of three commissioners. The governor, the lieutenant-governor, and the attorney-general shall constitute a railroad board for the purpose of appointing such commissioners. A majority of the members of said railroad board may perform all the duties required of such board. Within thirty days after the passage of this act the railroad board shall appoint such commissioners and designate the term of each, and they shall hold until their successors are appointed. The term of one such appointee shall terminate on the first Monday in February, 1909; the term of the second such appointee shall terminate on the first Monday in February, 1910; and the term of the third such appointee shall terminate on the first Monday in February, 1911. On the second Monday in January, 1909, and annually thereafter, there shall be appointed, in the same manner, one commissioner for the term of three years from the first Monday in February of such year. Each commissioner so appointed shall hold office until his successor is appointed and qualified. vacancy shall be filled by appointment by the railroad board. Any (a) One commissioner, who shall be designated as chief commissioner and shall be chairman of the commission, shall be an attorney at law, and well versed in the law of railroad regulation; one to be designated as first associate commissioner shall be a practical railroad man familiar with the operation of railroads generally; the third to be designated as the second associate commissioner, shall be a business man having a general knowledge. of fares and freights, tolls and charges, as levied by the railroads, and all common carriers included within the term "railroad" as defined in this act. Each commissioner, as herein designated, shall have an equal voice and vote upon all questions whereon the commission is required to or may act as a body. A majority of said commission shall have full power to act in all matters within its jurisdiction, and in the event of two of the commissioners being disabled or disqualified from acting, or in the event of there being two vacancies at the same time in the commission, the remaining commissioner shall have power to do all the acts and things which a majority of the commission might do, and his official acts shall stand as the acts of the commission. At no time shall more than two of said commissioners be members of the same political party. (b) The railroad board may at any time remove any commissioner for any inefficiency, neglect of duty, or malfeasance in office. Before such removal it shall give such commissioner a copy of the charges made against him and shall fix a time when he can be heard in his own defense, which shall not be less than ten days thereafter, and said hearing shall be open to the public. If he shall be removed the railroad board shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and findings thereon, with the record of the proceedings. (c) No person so appointed shall be pecuniarily interested in any railroad in this state or elsewhere, and if any such commissioner shall voluntarily become so interested, his office shall ipso facto become vacant; and if he shall become so interested otherwise than voluntarily, he shall, within a reasonable time, divest himself of such interest, and failing to do so his office shall become vacant and the railroad board shall proceed as provided for in section 1, subdivision b, of this act. (d) Whenever a complaint is made to the commission of a violation of any of the provisions of this act, or of any order of the commission, it shali, within four months, commence investigation of said charge, and shall determine the same within six months, unless the person preferring said charges shall agree in writing to a longer time. A failure to comply with this provision shall ipso facto render the office of each of the commissioners vacant. and the railroad board shall appoint new commissioners as provided for by this act. (e) Neither the chief commissioner nor the first associate commissioner shall hold any other office or position of profit, or pursue any other regular business or vocation. These limitations and restrictions shall not apply to the second associate commissioner, but none of the commissioners shall be a member of any political convention, or a member of any committee of any political party. (f) Before entering upon the duties of his office, each of said commissioners shall take and subscribe the constitutional oath of office, and shall in addition thereto swear (or affirm) that he is not pecuniarily interested in any railroad in this state or elsewhere, or common carrier, which oath or affirmation shall be filed in the office of the secretary of state. (g) The chief commissioner shall receive a salary of $5,000 per annum. the first associate commissioner shall receive a salary of $4,000 per annum, and the second associate commissioner shall receive a salary of $2,500 per annum, all payable in the same manner as the salaries of other state officers are paid. (h) Said commission may appoint a secretary, who shall be an expert rate man at a salary of not more than $2,400 per annum and may employ such other clerks and experts as may be necessary to perform any service it may require of them, and shall fix their compensation. (i) The secretary shall take and subscribe to an oath similar to that of the commissioners, and shall keep full and correct records of all transactions and proceedings of the commission, and shall perform such other duties as may be required by the commission. Any person ineligible to the office of commissioner shall be ineligible to the office of secretary. (j) The commission shall be known collectively as the "Railroad Commission of Nevada," and in that name may sue and be sued. It shall have a seal with the words "Railroad Commission of Nevada," and such other design as the commission may prescribe engraved thereon, by which it shal authenticate its proceedings, and of which the courts shall take judicial notice. (k) The commission shall keep its office at Carson City, and shall be provided by the board of capitol commissioners with suitable room or rooms. |