ties charged with the assessment of taxes in said townships, boroughs, or cities, to be assessed and paid, as other taxes are assessed and paid, and to be drawn against as required by said commissioners, in the same manner as moneys appropriated for township, borough, or city purposes, are now drawn against Proviso. in said townships, boroughs, or cities: Provided, That the commissioners of any township of the first class, and the councils of any borough or city, accepting the provisions of this act, may provide for the expense of the maintenance of trees on highways, in accordance Appropriation. with the provisions of this section by actual appropriation, equal to the amount certified to be required by the said Commission, in lieu of the specific assessment above authorized. ens, etc. ties. Section 6. The Commission, under which the provisions of this act shall be carried out, in any township of the first class, borough, or city, shall have power superintendent, to employ and pay such superintendents, engineers, engineer, wardforesters, tree-wardens, or other assistants, as the proper performance of the duties devolving upon it Regulations. shall require; and to make, publish and enforce regulations for the care of, and to prevent injury to, the trees on the highways of any township, borough, or city accepting the provisions of this act; and to assess Fines and penalsuitable fines and penalties for violations of this act, provided such regulations shall have been published at least twice in one or more, not exceeding two, newspapers of the township, borough, or city, involved, after having been submitted to and being approved by the commissioners of the township of the first class, or the councils of the borough or city affected; and such fines and penalties, so assessed for violations of this act, shall become liens upon the real property of the offender, and be collectible by the constituted authorities as liens for taxes upon real property are now col lected. Liens. Section 7. All the moneys due and collected from Disposition of fines or penalties or assessments, in consequence of the acts of said Shade-tree Commission in enforcing this act, shall be paid to the treasurers of the townships, boroughs, and cities accepting its provisions, and shall be placed to the credit of said Commission, subject to be drawn upon by the said Commission for the purposes of this act. Section 8. All acts and parts of acts inconsistent with this act are hereby repealed. Section 9. This act shall take effect immediately; but its provisions shall not be and become binding upon any township, borough, or city until it has been duly accepted, as provided in section two. APPROVED The 31st day of May. A. D. 1907. EDWIN S. STUART, Repeal. Corporations. No. 252. AN ACT To enforce the provisions of section five, article seventeen of the Constitution of Pennsylvania, relating to the powers of incorporated common carriers and the privileges of mining and manufacturing companies; making the violation thereof a misdemeanor, and providing a punishment for the same. Section 1. Be it enacted, &c., That no incorporated Common carriers. company doing the business of a common carrier shall, Mining or manufacturing articles for transportation. Lands, freeholds, etc. directly or indirectly, prosecute or engage in mining or manufacturing articles for transportation over its works; nor shall such company, directly or indirectly, engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business; but any mining or manufacturing company may carry the product Use of own canal of its mines or manufactories on its railroad or canal, or railroad. Violations. Misdemeanor. Fines. not exceeding fifty miles in length. Section 2. That any violation or attempted violation of this act may be attacked or restrained by appropriate proceedings, either at law or in equity, at the instance of the Commonwealth, through the Attorney General; and that any such violation shall also constitute a misdemeanor, for which the offending corporation, as well as the president, vice-president, and members of the board of directors, participating therein, may be indicted; and, upon conviction, the offending corporation shall be sentenced to pay a fine of not less than one thousand ($1,000) dollars, and the president, vice president, and directors participating therein shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or less than five hundred dollars ($500). APPROVED---The 31st day of May, A. D. 1907. EDWIN S. STUART. Corporations. Transportation companies. No. 253. AN ACT To carry into effect the provisions of section seven, article seventeen, of the Constitution of Pennsylvania, relating to discriminations and preferences in charges and facilities; and making the violation thereof a misdemeanor, and providing a penalty for the same. Section 1. Be it enacted, &c., That no discrimination in charges or facilities for transportation shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback, Discrimination. or otherwise, and no railroad or canal company, or Abatement, draw. any lessee, manager, or employe thereof, shall make back, etc. any preferences in furnishing cars or motive power. Preferences. Section 2. Any violation, or attempted violation, of Violations. this act may be attacked or restrained by appropriate proceedings, either at law or in equity, at the instance of the Commonwealth, through the Attorney General; and any such violation shall also constitute a misde- Misdemeanor. meanor, and, upon conviction, the offending corporation shall be sentenced to pay a fine of not less than Fine. one thousand ($1,000) dollars, and its officers, directors, or employes, participating in such violation, shall be sentenced to pay a fine not exceeding one thousand dollars, nor less than five hundred dollars. APPROVED The 31st day of May, A. D. 1907. EDWIN S. STUART. No. 254. AN ACT To enforce the provisions of section four, article seventeen, of the Constitution of Pennsylvania, pertaining to the consolidation of parallel or competing lines of railroads, canals, or other companies, and restricting the officers of such companies; empowering juries to decide whether companies are parallel or competing lines; and making the violation thereof a misdemeanor, and providing a punishment for the same. etc. Merger or con Section 1. Be it enacted, &c., That from and after corporations. January first, one thousand nine hundred and eight, no railroad, canal, or other corporation, or the lessees, Railroads, canals, purchasers, or managers of any railroad or canal corporation, shall consolidate the stock, property, or franchises of such corporation with, or lease or purchase solidation. the works or franchises of, or in any way control, any other railroad or canal corporation owning or having under its control a parallel or competing line; nor shall any officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation owning or having control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines, shall, when demanded parallel or comby the party complainant, be decided by a jury, as in other civil cases. Jury shall decide whether lines are peting. Section 2. Any violation, or attempted violation, of Violations. this act may be attacked or restrained by appropriate proceedings, either at law or in equity, at the instance of the Commonwealth, through the Attorney General. It shall be the duty of the Attorney General to institute such proceedings at any time, upon the application of 23 Laws Misdemeanor. Fine. Repeal. any private individual or corporation affected by such merger or consolidation; and that any such violation shall also constitute a misdemeanor, and, upon conviction, the offending corporation shall be sentenced to pay a fine of not less than one thousand ($1,000) dollars, and its officers and directors participating in such violation shall be sentenced to pay a fine of not more than one thousand dollars nor less than five hundred dollars. Section 3. All acts or parts of acts inconsistent herewith are hereby repealed. APPROVED The 31st day of May, A. D. 1907. EDWIN S. STUART. Corporations. Railroads and canals. Transportation of persons and property. crimination in charges or facilities. No. 255. AN ACT To carry into effect the provisions of section three, article seventeen, of the Constitution of Pennsylvania, relating to the transportation of persons and property; and making the violation thereof a misdemeanor, and providing a penalty for the same. Section 1. Be it enacted, &c., That all individuals, associations, and corporations shall have equal right to have persons and property transported over railroads and canals; and no undue or unreasonable discriminations shall be made in charges for, or in facili Unreasonable dis- ties for, transportation of freight or passengers within the State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class, in the same direction, to any more distant station; but excursion and commutation tickets may be issued at special rates. Excursion and commutation tickets. Violations. Misdemeanor. Fine. Section 2. Any violation, or attempted violation, of this act may be attacked or restrained by appropriate proceedings, either at law or in equity, at the instance of the Commonwealth, through the Attorney General; and any such violation shall also constitute a misdemeanor, and, upon conviction, the offending corporation shall be sentenced to pay a fine of not exceeding one thousand ($1,000) dollars, and its officers and directors participating in such violation shall be sentenced to pay a fine not exceeding one thousand dollars. APPROVED-The 31st day of May, A. D. 1907. EDWIN S. STUART. Providing for the acquiring of water plants or systems by municipalities, from corporations, firms, or individuals, and the manner of ascertaining and arriving at the value of the same; and to authorize municipalities of this Commonwealth to issue bonds, secured by such water plants or systems, for the payment thereof; and to provide a sinking-fund therefor, out of the revenues of said plants. Section 1. Be it enacted, &c., That the several cities Cities and borand boroughs of this Commonwealth, desirous of owning and operating the waterworks, plants, or system Acquirement of for the supplying of water to any such municipality and the inhabitants thereof, which waterworks, plants, or system is now, or may hereafter be, owned by a private corporation, firm, or individual, may petition the court of common pleas of the proper county, setting forth that the said municipality is desirous of owning said Contents. oughs. waterworks. Petition. water plant or system, owned by such corporation, firm. its purposes. Section 2. That the said court shall thereupon ap- Theour point three disinterested civil engineers as appraisers, praisers. to value and appraise such plant or system and the property used in connection therewith and reasonably necessary for its purposes, who shall file their report Report. in the office of the prothonotary of the proper court within three months after their appointment, unless such time be extended by the court. Rights and praisers. shall powers of ap Section 3. The appraisers so appointed shall have full access to the books and records of the private corporation, firm, or individual owning said waterworks or system, to inform themselves as to the income and value thereof. They shall have power to administer oaths, and are hereby authorized to hear and consider the testimony of witnesses and other legal proofs. Their report shall be final, if not appealed from within ten days after notice of the filing thereof shall have been served on the mayor or burgess of the city or borough, and upon the corporation, firm, or individual owning the waterworks. Within said ten days either party may appeal from such appraisement, alleging an under Appeals. or over valuation of the property thereby, and praying for a hearing before the court; and the said court shall thereupon, upon application of either party, fix a time when said appeal may be heard, of which time at least ten days' notice shall be given to the parties; and upon |