Three members one of whom shall be learned in the law and one of -qualifications. whom shall be a man of experience in railroad transportation and familiar with the method of adjusting freight and passenger rates. Governor appoint. Elected in The Governor shall appoint, by and with the consent of the Senate, three commissioners to be a commission until the second Tuesday in January, 1909. At the general election to be held in November, 1908, three commissioners shall be elected, as are other state officers, one for two years, one for four years and one for six Terms of office. years, and at each general election to be held in this State thereafter, one commissioner shall be elected, in the same manner as other state officers, to serve for six years, beginning on the second Tuesday in January following his election. The Governor shall fill vacancies on the commission caused by the resignation or death of any commissioner appointed or elected as herein before provided and any person who shall be so appointed to fill any such vacancy shall be appointed to hold the office of commissioner only for the period of time ending when the said original appointment or election would have ended. Immediately upon their appointment the commission shall meet and organize by electing one of their number President and one as Secretary. Governor fill vacancies. Meet and organize. No person interested in common carrier eligible for commission. Salary of No person shall be eligible to the office of commissioner who shall be pecuniarily interested, either directly or indirectly in any common carrier or railroad, pipe line, telegraph, telephone or express business, or. in any corporation, partnership or association owning or operating any such business in this State or elsewhere; not [nor] shall he serve in any position, station or office in any political party. Said commissioners shall receive as compensation commissioners. for their services the sum of three thousand dollars each per annum. That all common carriers shall furnish free transportation to members of the commission and its employes while in the discharge of their duties. Powers of commission. Sec. 12. That the commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common car riers full and complete information necessary to enable the commission to perform the duties and carry out the objects for which it is created; and the commission is hereby authorized and required to execute and enforce the provisions of this act, and upon the request of the commission it shall be the duty of the Attorney General Attorney to institute all necessary proceedings for the enforce-General bring ment of the provisions of this act and for the punish-suits. ment of all violations thereof; and for the purpose of this act the commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements and documents relating to any matter under investigation. And any of the district courts of this District Court State within the jurisdiction of which such inquiry is compel carried on may, in case of refusal to obey the subpoena appearance and issued to any common carrier or other person subject to the provisions of this act, issue an order requiring such common carrier or other person, to appear before said commission (and produce books and papers, if so ordered) and give evidence touching the matters in question; and any failure to obey such order of the court may be punished by such court as contempt thereof. The No excuse to claim that any such testimony or evidence may tend to testify that it criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence witness. or testimony shall not be used against such person on the trial of any criminal proceeding. evidence. would tend to incriminate petition. Sec. 13. That any person, firm, corporation or as- Person sociation, or any mercantile, agricultural or manufac. aggrieved turing society, or any body politic or municipal apply by organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, or in contravention of any of the provisions thereof, may apply to said commission by petition which shall briefly state the facts, whereupon a statement of the charges thus made shall be immediately Copy of petition forwarded by the commission to such common carrier, forwarded. who shall be called upon to satisfy the complaint, or to Answer. answer the same in writing within a reasonable time to be specified by the commission. If such common carrier Commission investigate. Investigations reported in writing. Copies furnished to parties interested. Publication of reports. Annual reports. Determine when rates are discriminatory. particular violation of law complained of. If such common carrier shall not satisfy the complainant within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the commission to investigate the matters complained of in such manner and by such means as it shall deem proper. Sec. 14. That whenever investigation shall be made by said commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the commission, together with its decision, order or requirement in the premises, and, in case damages are awarded, said report shall include the findings of facts on which the award is made. All reports of investigations made by the commission shall be entered of record and a copy thereof shall be furnished to the party who may have complained and to any common carrier that may be complained against. The commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the commission therein contained in all the courts of this State, without any further proof or authentication thereof. The commission may also cause to be printed for distribution its annual reports. Sec. 15. That the commission is authorized and empowered and it shall be its duty whenever after full hearing upon a complaint made as provided herein, or upon complaint of any common carrier, it shall be of opinion that any of the rates, or charges complained of and demanded, charged or collected, by any common carrier or common carriers, subject to the provisions of this act, for the transportation of property as defined by this act, or that any regulation or practice whatsoever of such common carrier or common carriers affecting such rates or charges, are unjustly discriminatory or unduly preferential, in violation of any of the provisions of this act, to determine and prescribe in what respect and to what extent such rates or charges are so discriminatory or preferential, and what regulation or practice in respect to such transportation is just, fair and rea sonable to be thereafter followed, and to make an order Make order. that the common carrier shall cease and desist from such violation to the extent to which the commission finds the same to exist, and such common carrier or common carrier [carriers] shall thereafter conform to the regula tion or practice so prescribed. All orders of the commission shall take effect within Orders take such reasonable time not less than thirty days, and shall effect within 30 continue in force for such period of time, not exceeding days—unless. two years, as shall be prescribed in the order of the commission, unless the same shall be suspended, modified or set aside by the commission, or be suspended, modified or set aside by a court of competent jurisdiction. Sec. 16. That if, after hearing on an original com- Award of plaint, as provided by this act, the commission shall de-damages. termine that any party complainant petitioning therefor is entitled to an award of damages under the provisions of this act for violation thereof the commission shall make an order directing the common carrier to pay to the complainant the sum to which he is entitled, on or before a day named. The commission shall be authorized to suspend or Orders modify its order upon such notice and in such manner suspended. as it shall deem proper. It shall be the duty of every common carrier, its Orders obeyed. agents and employes, to observe and comply with such orders as long as the same shall remain in effect. Any common carrier, officer, representative or agent Failure to obey of a carrier, or any receiver, trustee, lessee or agent, or orders. either of them, who knowingly neglects or fails to obey any order made under the provisions of this act, shall forfeit to the State the sum of one thousand dollars for Penalty. each offense. Every distinct violation shall be a separate Each day a offense, and in case of a continuing violation, each day separate shall be deemed a separate offense. offense. The forfeiture provided for in this act shall be pay-Forfeiture paid able into the treasury of the State and shall be recover-into treasury. able in a civil suit in the name of the State, in the district court where the common carrier has its principal operating office, or in any district through which the road of the common carrier runs. District It shall be the duty of the various district attorneys recover under the direction of the Attorney General of the State, forfeitures. to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of said commission. Special counsel. The commission may employ special counsel in any proceeding under this act, paying the expenses of such employment out of its own appropriation. Injured party apply to District Court by petitionwhen. Service of petition. Injunction. Appeals. Rehearings how granted. Rehearings rules. Order goes into effect in 5 days unless appeal is taken. Sec. 17. If any common carrier fails or neglects to obey any order of the commission while the same is in effect, any party injured by such failure or neglect, or the commission in its own name, may apply to any district court in the State for the enforcement of such order. Such application shall be by petition, which shall state the substance of the order and the respect in which the common carrier has failed of obedience, and shall be served upon the common carrier in such manner as the court may direct; and the court shall prosecute such inquiries and make such investigations through such means as it shall deem needful in the ascertainment of the facts at issue or which may arise upon the hearing of such petition. If upon such hearing as the court may determine to be necessary, it appears that the order was regularly made and duly served, and that the common carrier is in disobedience of the same, the court shall enforce obedience to such order by writ of injunction or other proper process, mandatory or otherwise, to restrain such common carrier, its officers, agents or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same; and in the enforcement of such process the court shall have those powers ordinarily exercised by it in compelling obedience to its writs of injunction and mandamus. From any action upon such petition an appeal shall lie by either party to the Supreme Court of this State. Sec. 18. If, after a decision, order or requirement has been made by the commission in any proceeding, any party thereto shall at any time make application for a rehearing of the same or any matter determined therein, then it shall be lawful for the commission in its discretion to grant such hearing, if sufficient reason therefor be made to appear. Applications for rehearing shall be governed by such general rules as the commission may establish. No order entered by the commission shall go into effect until the expiration of five days after the entry |