Section 3. The term negro as used herein, includes every person of African descent, as defined by the Constitution.

Section 4. Each compartment of a railway coach, divided by a good and substantial wooden partition, with a door therein shall be deemed a separate coach within the meaning of this act, and each separate coach shall bear in some conspicuous place appropriate words in plain letters indicating the race for which it is set apart; and each compartment of an urban or suburban car company, interurban car or railway company, or street car company, divided by a board or marker, placed in a conspicuous place, bearing appropriate words in plain letters, indicating the race for which it is set apart, shall be sufficient as a separate compartment within the meaning of this act.

Section 5. Any railway company, street car company, urban or suburban car company, or interurban car or railway company, lessee, manager or receiver thereof, which shall fail to provide its cars, bearing passengers, with separate coaches or compartments as above provided, or fail to provide and maintain separate waiting rooms as provided herein, shall be liable for each and every failure to a penalty of not less than one hundred nor more than one thousand dollars, to be recovered by suit in the name of the State, in any court of competent jurisdiction, and each trip run with such railway train, street car, urban, suburban or interurban car without such separate coach or compartment shall be deemed a separate offense.

Section 6. If any passenger upon a railway train, street car, urban, suburban or interurban car provided with separate coaches or compartments as above provided shall ride in any coach or compartment not designated for his race, after having been forbidden to do so by the conductor in charge of the train or car, or shall remain in any waiting room not set apart for the race to which he belongs, he shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five nor more than twenty-five dollars.

Should any passenger refuse to occupy the coach or compartment or room to which he or she is assigned by the officer of such railway company, said officer shall have the power to refuse to carry such passenger on his train, and should any passenger or any other person not passenger, for the purpose of occupying or waiting in such sitting. or waiting room not assigned to his or her race, enter said room, said agent shall have the power and it is made his duty to eject such person from such room, and for such neither they nor the railroad company which they represent, shall be liable for damages, in any of the courts of this State.

Section 7. The provisions of this act shall not be so construed as to prohibit officers having in custody any person or persons, or employees upon the trains or cars in the discharge of their duties, nor shall it be construed to apply to such freight trains as carry passengers in cabooses, provided that nothing herein contained shall be construed to prevent railway companies in this State from hauling sleeping cars, dining or chair cars attached to their trains to be used exclusively by either write or negro passengers, separately but not jointly.

Section 8. Every railway company carrying passengers in this State shall keep this law posted in a conspicuous place in each passenger depot and in each passenger coach provided in this law.

Section 9. That nothing in this act shall be construed to prevent the running of extra or special trains or cars for the exclusive accommodation of either white or negro passengers, if the regular trains or cars are operated as required by this act and upon regular schedule.

Section 10. Conductors of passenger trains, street cars, urban, suburban or interurban lines provided with separate coaches or compartments shall have the authority to refuse any passenger admittance to any coach or compartment in which they are not entitled to ride under the provisions of this act, and the conductor in charge of the train, street car, urban, suburban or interurban car shall have authority, and it shall be his duty to remove from the train, coach, street car, urban, suburban or interurban car, any passenger not entitled to ride therein under the provisions of this act; upon his refusal to do so knowingly shall be guilty of a misdemeanor and upon conviction shall be fined in any sum of not less than fifty nor more than five hundred dollars, and the company, manager, agent, conductor, receiver or other officer, shall not be held for damages of any lawful removal of a passenger as provided herein.

Section II. All fines collected under the provisions of this law shall go to the available common school fund of the county in which conviction is had. Prosecutions under the provisions of this law may be instituted in any court of competent jurisdiction, in any county. through or into which said railroad, urban, suburban, interurban railway may be run or have an office.

Section 12. An emergency exists for the preservation of the public peace by reason whereof this act shall take effect sixty days from and after its passage and approval.

Approved December 18, 1907.

CHAPTER 18, ARTICLE II.

CORPORATION COMMISSION.

JURISDICTION EXTENDED.

AN ACT

TO EXTEND THE JURISDICTION OF THE CORPORATION COMMISSION OVER ALL MATTERS OF PHYSICAL CONNECTION, UNION DEPOTS, AND SUFFICIENT TRANSFER AND SWITCHING FACILITIES OF THE DIFFERENT RAILROADS IN THE STATE OF OKLAHOMA, AND REQUIRING ALL RAILROAD COMPANIES TO MAKE AND MAINTAIN PHYSICAL CONNECTIONS, TRANSFERS, SWITCHING FACILITIES, AND UNION DEPOTS IN THE STATE OF OKLAHOMA.

Be It Enacted by the People of the State of Oklahoma:

Section I. That every railroad company operating a railroad in this State shall make such physical connections, transfers and switching facilities at all junction points and at all incorporated towns where one or more railroads enter or are included in said town, as may be ordered and directed by the Corporation Commission of this State.

Provided, That the Corporation Commission is also hereby authorized, when the public interests can be promoted, to require physical connections between two or more lines of railways, where the same is practicable, regardless of whether the roads cross one another

or not.

Section 2. The Corporation Commission shall have full power and it shall be the duty of said Commission to investigate all complaints in reference to the physical connections, transfers, depots, switching facilities at all junction points and incorporated towns, villages and communities, and upon investigation of said complaint or upon its own motion the said Commsision may require any railroad companies to make such physical connections or to establish and maintain union depots, transfer and switching facilities as the public interests may require.

Provided, however, the Corporation Commission may make its order requiring such physical connections, transfer and switching facilities in any incorporated town on condition that such necessary additional rights-of-way there for be furnished the railroad company making such physical connections free, or at such reasonable cost as in the judgment of the commission may be fair and reasonable to the people and such companies.

Section 3. The expenses incurred in the construction and maintenance of the physical connections, union depots, transfer and switching facilities mentioned in the preceding sections of this act shall be borne by the companies operating the different lines of railroad as such companies may agree, and in case of disagreement the Corporation Commission shall determine the expense to be borne by each, from which order the railroad company or companies may appeal, as in other cases provided.

Section 4. All laws and parts of laws in conflict herewith are hereby repealed.

Section 5.

An emergency is hereby declared, by reason whereof it is necessary for the immediate preservation of the public peace, health and safety that this act take effect from and after its passage. and approval.

Approved May 20, 1908.

CHAPTER 18, ARTICLE III.

CORPORATION COMMISSION.

CONTEMPT PROCEEDINGS-PUNISHMENT.

AN ACT

PROVIDING FOR THE PUNISHMENT OF ANY CORPORATION, PERSON OR FIRM FOR CONTEMPT FOR THE VIOLATION OF ANY ORDER OR REQUIREMENT OF THE CORPORATION COMMISSION OF THIS STATE; AND FOR PROCEDURE FOR THE COMMISSION.

Be It Enacted by the People of the State of Oklahoma:

Section I. Any corporation, person or firm may be fined by the Corporation Commission, such sum not exceeding five hundred dollars ($500.00), as the Commission may deem proper, for the viola

tion of any of its rules or requirements, and each day's continuance of such violation, after due service upon such corporation, person or firm, of the order or requirement of the Commission, shall be a separate offense; provided, that should the operation of such order or requirement be suspended, pending an appeal therefrom, the period of such suspension shall not be computed against the corporation, person or firm, in the matter of its liability to fines and penalties.

Section 2. In case of failure of any corporation, person or firm to obey or comply with any order or requirement of the Corporation, Commission, the Commission may punish such corporation, person or firm, as for contempt. Such contempt proceedings may be instituted by any citizen of this State, or other parties affected by such order, by filing an affidavit with the Corporation Commission, setting forth the acts of omission or failure to comply with such order or requirement. Upon the filing of such affidavit or information above mentioned, it shall be the duty of the commission to forward to such offending corporation, person or firm a copy of such affidavit or information, and shall also issue citation to such corporation, person, or firm to answer at a time to be fixed in the citation, not less than ten (10) days, nor more than twenty (20) days from the date of the service of said citation.

Section 3. If the defendant shall fail to appear or file answer on the day mentioned in the citation, such failure to appear or file answer shall be deemed an admission of the truth of each and every material allegation in such affidavit, or information, and the commission may render judgment without further hearing or testimony, or the commission may in its discretion require additional evidence before rendering judgment in any case of default. Upon the appearance and filing of answer of the defendant, such appearance may be by plea, demurrer or answer, and when the issue shall have been settled, the Commission may hear evidence as to the matters and facts in reference to the alleged violation of the order or requirement, and may continue the hearing from time to time, and the defendant shall be given ample opportunity to introduce proper evidence and be fully heard in the premises. Upon the conclusion of the evidence and arguments of counsel, the Commission shall render judgment, a copy of which shall be delivered to the defendant, and the defendant shall have five (5). days from the receipt of copy of the judgment to file its exceptions thereto, and shall be allowed to appeal from the judgment of the commission, upon its filing a bond with the Commission, in double the amount of such fine or judgment, with such security as may be required by the Commission, to the Supreme Court, as provided in other cases. Upon filing of such bond with the Commission and allowing of the appeal, the same shall operate a suspension of fine and judgment appealed from; provided, that if the order violated for which such fine or judgment is imposed shall have been an order promulgating or fixing rates, to be charged by public service corporations, persons or firms, it shall be necessary in appealing from such fine or judgment for the defendant to give a suspending bond, executed and filed with and approved by the Commission, payable to the State, and sufficient in amount and security to insure the prompt refunding by the appealing corporation, person or firm, to the parties entitled thereto, of all charges which such company may collect or

receive, pending the appeal, in excess of those fixed or authorized by the order of the Commission violated or disregarded by such corporation, person or firm. Such bond shall be conditioned to require such corporation, person or firm to keep such accounts and to make to the Commission from time to time such report, verified by oath, as may in the judgment of the Commission suffice to show the amount being charged or received by the company, pending the appeal, in excess of the charge prescribed by the Commission in the order violated, together with the names and addresses of persons to whom such overcharges will be refunded in case the charges made by the company pending the appeal be not sustained on the final judgment, and the commission may at any time require such corporation, person or firm to give additional security or to increase the suspending bond when the same may appear to the commission to be necessary to insure the prompt refunding of the overcharges aforesaid. Upon the final judgment, if the order violated is sustained in the Supreme Court, the Commission shall distribute such overcharges to the persons to whom the same are due, as provided in section twenty-one (21), article nine (9), of the Constitution; provided, further, that if the order violated is one fixing or establishing rates and the corporation, person or firm shall obey such order and carry its provisions into effect pending such appeal, the last above mentioned bond shall not be required.

Section 4. In case of an appeal to the Supreme Court from the judgment of the Corporation Commission as herein provided, all cases so appealed shall have precedence therein, except as provided in the Constitution, and it shall be the duty of the Supreme Court to advance the same on the docket for immediate consideration and proceed to final judgment without any unnecessary delay.

Section 5. All judgments or fines assessed against any corporation, person or firm, for the violation of any order or relinquishment, as herein provided, shall be a first lien on all property of such corporation, person or firm within this State, and it shall be the duty of the Corporation Commission, if such judgment or fine is not paid within thirty days after the rendition of such judgment or fine, to issue an execution, directed to the marshal of the Corporation Commission, commanding him to seize sufficient property of such corporation, person or firm, to satisfy the fine or judgment. And it shall be the duty of the marshal to sell or dispose of properties levied on by reason of an execution issued by the Commission, in like manner as now required by sheriffs of this State, for the sale of property levied on by virtue of an execution issued on a judgment of a district court.

Section 6. In cases appealed to the Supreme Court, as provided in this act, if the judgment of the Commission is affirmed, it shall be the duty of the Supreme Court, upon entering such judgment, to direct the clerk of the court to deliver to the Commission a certified copy of such judgment, and upon receipt of such certified judgment, the Corporation Commission shall within ten days, if such judgment and costs shall not have been paid, enter judgment against the sureties on the appeal bond, without further notice or hearing, and shall within thirty days from the rendition of such judgment against the sureties. of said appeal or suspending bonds, if the same shall not have been paid, issue an execution against the corporation, person or firm, and the sureties of said appeal or suspending bonds as provided in section