rules, rates, rates of freight, passage money, commutation rates and charges, together with copies of all their rules, regulations, and instructions to employés, concerning the carriage of persons and merchandise, under which the road was being operated on the first day of January, eighteen hundred and seventy-six; and it shall not be lawful for any of said corporations to increase any rates of freight or passage, or to raise certain the classification of any species of goods, or to change any res rule or instruction to employés in such manner as to increase be increased. the cost of transportation over and above the rates charged in such tariff or in use on the first day of January, eighteen hundred and seventy-six; provided, nevertheless, that any such railroad company may issue excursion tickets at reduced rates, for special trains, or between certain places, and for a fixed time. furnish to Commis SEC. 7. The several transportation companies or corpora- Railroad tions operating any railroad in this State, the cars on which companies to are propelled by steam, shall at all times, on demand, information furnish to the Commissioners any and all information re- sioners. quired of them, concerning the condition, management, and operation of the railroads under their control respectively, and particularly with copies of all leases, contracts, and agreements for transportation with express companies or otherwise, to which they are parties. The Commissioners shall cause blanks to be prepared proposing questions calculated to elicit facts and statistics, from which may be deduced the results hereinafter specified as necessary to be accurately known by the people and the Legislature; such blanks shall be furnished to the several corporations in season to be filled in and returned to the Commissioners on or before the first day of October of each year. They shall be sworn to by the President or other executive officer, and by the Auditor, Secretary, or principal book-keeper of the corporation making the same, respectively. They shall be Reports of tabulated by the Commissioners, and the reports, together companies to with the tabulations thereof and the deductions therefrom, to Legisla and the record of all the matters herein required to be ture. reported to the Legislature, with the drafts of all such bills as the Commissioners desire to recommend for passage, shall be submitted to the Legislature on the first day of the next session thereof. be submitted companies SEC. 8. It is hereby made the duty of the President, or Annual other executive officer, in charge of each and every railroad reports of company having a line of railroad in this State, to make an must state. annual report to the Commissioners for the year ending on the thirtieth day of June preceding, which report shall state: Stock and debts. 1. The amount of capital stock paid in. 2. The amount of capital stock unpaid. 3. The amount of funded debt. 4. The amount of floating debt. Annual reports of companies must state. Cost of road and equipments. 5. Cost of construction. 6. Cost of right of way, 7. Cost of equipment. 8. All other items embraced in cost of road and equipment, not embraced in the preceding schedule. Characteristics of road. 9. Length of single main track laid with iron or steel. 11. Length of branches, stating whether they have single or double track. 12. Aggregate length of sidings and other tracks not above enumerated; total length of iron embraced in preceding heads. 13. Maximum grade, with its length in main road, and also in branches. 14. The shortest radius of curvature and locality of each curve, with length of curve in main road, and also in branches. 15. Total degrees of curvature in main road, and also in branches. 16. Total length of straight line in main road, and also branches. 17. Number of wooden bridges, and aggregate length in feet. 18. Number of iron bridges, and aggregate length in feet. 19. Number of stone bridges, and aggregate length in feet. 20. Number of wooden trestles, and aggregate length in feet. 21. The greatest age of wooden bridges. 24. The number and kind of new bridges built during the year, and length in feet. 25. The length of road unfenced on either side, and the reason therefor. 26. Number of engines. 27. Number of passenger cars. 28. Number of express and baggage cars. 29. Number of freight cars. 30. Number of other cars. 31. The highest rate of speed allowed by express passenger trains when in motion. 32. The highest rate of speed allowed by mail and accommodation trains when in motion. 33. The highest rate of speed allowed by freight trains when in motion. 34. The rate of fare for through passengers charged for the respective classes per mile. 35. The rate of fare for local passengers charged for the respective classes per mile. 36. The highest rate per ton per mile charged for the transportation of the various classes of through freight. 37. The highest rate per ton per mile charged for the Annual transportation of the various classes of local freight. Doings of the year. 38. The length of new iron or steel laid during the year. Earnings for the year. 46. From transportation of through passengers. 50. From mail and express. 51. From all other sources; total earnings for the year. Expenditures for the year. 52. For construction and new equipment. 54. For transportation expenses, including those of stations and trains. 55. For dividends: rate per cent. and amount. 56, 57, 58, 59, 60. All other expenditures. 61. Total expenditures during the year. 62. The number and kind of farm animals killed, and amount of damages paid therefor. 63. A statement of all casualties resulting in injuries to persons, and the extent and cause thereof; and such other and further information as may be required by the Commissioners. reports of companies must state. neglect to SEC. 9. Any transportation company, subject to the pro- Penalty for visions of this Act, which shall neglect or refuse to make and comply. file its report, as provided in section eight of this Act, or shall neglect or refuse to file its tariffs of freights and fares with the Commissioners, as provided in section six of this Act, shall forfeit and pay to the State of California the sum of not less than one hundred nor more than one thousand dollars for each and every day of such neglect or refusal, the same to be recovered by suit in any Court of competent jurisdiction. SEC. 10. All prosecutions against any transportation com- Prosecution. pany, railroad company, or any officer or employé thereof, for forfeitures, penalties, or fines, for the violation of any of the laws relating to said companies or roads, shall be by action in the name of the people of the State of California, and it shall be the duty of such Commissioners to bring in any Court of competent jurisdiction all such actions. Commission ers may examine books of companies. SEC. 11. Each Commissioner shall have power, thereunto authorized by the Board, to examine the books and papers of any railroad corporation or line, and, also, any railroad officer, agent, or employé, under oath, concerning the condition, management, and operation of the railroads under their direction and control; and it is hereby made the duty of the Superin- Superintendent of each transportation and railroad company give notice in the State to notify said Commissioners, by telegraph, of all of accidents. accidents, immediately upon their occurrence. tendent to Commissioners may fix route in cities and towns. Certain cases to be decided sioners. SEC. 12. Whenever the Directors of any railroad company shall fail to agree with the municipal authorities of any town or city, as to the route of their railroad in any such town or city, either party may petition the Commissioners of Transportation to fix the route in said town or city, and said Commissioners, after due notice to the other party, shall hear the case, and fix the route in such town or city. SEC. 13. It shall be the duty of the Commissioners of by Commis Transportation, upon the petition of either party, after twenty days' notice to the other, to hear and decide the following cases: The compensation to be paid by one railroad to another for transporting passengers, merchandise, and cars. To fix such periods and time-tables, having reference to the convenience and interest of the corporation, and the public to be accommodated thereby. To determine what accommodations are required; and, also, the compensation to be paid for the use of terminal accommodations, and for the receiving, transferring, and forwarding of passengers and freight. SEC. 14. Any award made by the Commissioners of Transportation shall be binding upon the respective corporations and parties interested therein, until the same shall have been revised or altered by said Commissioners, or reversed on appeal to the Supreme Court, as hereinafter provided. Awards of Commissioners to be binding. Awards subject to revision. Suits to alties. SEC. 15. Any award made by the Commissioners of Transportation shall be returnable, with the evidence, on the request, in writing, of any party affected thereby, and filed. within thirty days after rendering of such award, in the County Court of the county in which the controversy arose. and shall be there subject to revision, in the same manner as if the said Commissioners had derived their power to act in the premises under the appointment of said Court, with the right of appeal to the Supreme Court, as in other cases. SEC. 16. It shall be the duty of the District Attorneys of recover pen the several counties within, into, or through which any railroad runs, or is located, or worked, upon being instructed by said Commissioners, to sue for and recover all penalties for the violation of the railroad laws of this State. Class of railroads liable. Printing of report. SEC. 17. The provisions of this Act shall be applicable to railroads, the cars of which are propelled by steam, now or hereafter to be operated by corporations, trustees, companies, or individuals, in this State. SEC. 18. There shall be printed two thousand five hundred copies of the report of the Commissioners of Transportation. SEC. 19. The Governor shall remove the Commissioners Governor of Transportation at any time, when he becomes satisfied may remove that it is for the public good. CHAPTER TWO.-OF EXTORTION AND DISCRIMINATION. SECTION 1. A railroad company shall be deemed guilty of extortion in the following cases: Commission ers. defined. First-When it shall knowingly or willfully charge, de- Extortion mand, or receive from any passenger, as his fare from one station or place to another, any greater sum than is specified as the fare between such stations or places, for the same class of passage and in the same direction, in its tariff of fares on file with the Board of Transportation Commissioners. Second-When it shall knowingly or willfully charge, demand, or receive from any person or persons, as the rate of freight on goods or merchandise, any greater sum than is specified as the rates for the like quantity of goods or merchandise of the same class, between the same places and in the same direction, in its printed tariff of freights on file with said Commissioners. Third-When it shall knowingly or willfully charge, collect, or receive from any person or persons, a greater amount of rate of toll or compensation than it shall at the same time charge, collect, or receive from any other persons for receiving, handling, storing, or delivering freight of the same class and like quantity, at the same place. Fourth-When it shall knowingly or willfully charge, demand, or receive from any person or persons, any greater sum for passage or freight than from any other person or persons, at the same time, between the same places, in the same direction, for the same class of passage, or for the like quantity of goods of the same class. Fifth-When it shall knowingly or willfully charge, demand, or receive as compensation for receiving, storing, handling, or delivering, or for transporting any lot of goods or merchandise, any greater sum than it shall, by or through any of its authorized agents, wherever situated, have agreed to charge for such service previously to the performance thereof. SEC. 2. A railroad company shall be deemed guilty of Unjust disunjust discrimination in the following cases: First-When it shall directly, knowingly, or willfully charge, demand, or receive from any person or persons, any less sum for passage or freight than from any other person or persons (except as in this Act hereinafter provided), at the same time, between the same places, and in the same direction, for the like class of passage, or for the like quantity of goods of the same class. Second-When it shall, directly or indirectly, knowingly or willfully charge, demand, or receive from any person or persons, as compensation for receiving, handling, storing, or delivering any lot of goods or merchandise, any less sum than it shall charge, collect, or receive from any other person or persons, for the like service, to a like quantity of goods of the same class, at the same place. crimination defined. |