A. D. 1912, Have access capital stock, the Railroad Commissioners shall examination into the books of said corporation. 36. The Railroad Commissioners shall further all times, access to the list of stockholders of every stockholders. on operating a railroad, and may, in their discre- civ. '02, § ny time, cause the same to be copied, in whole or or their own information or for the information of wning stock in such corporation. to list of 2081. of books and 2082. tations. for Rules examination. of agents and 37. It shall be the duty of said Commissioners Investigation essary to investigate so much of the books and papers." all the railroad companies doing business in this civ. 02, § hey may think proper, to ascertain if the rules and s as aforesaid have been complied with, and to Personal visisonal visitations of railroad offices, stations and ces of business for the purpose of examinations ke rules and regulations concerning such examinaich rules and regulations shall be observed and other rules and regulations as aforesaid; said oners shall also have full power and authority to Examination all agents and employees of said railroad com- employes. other persons under oath and otherwise, in order e the necessary information to make just and rates of freight and passenger tariffs, and to if such rules and regulations are observed or vioto make necessary and proper rules and regulaerning such examinations, and which rules and s herein provided for shall be obeyed and enforced rules. her rules and regulations provided for in this Delegation The powers herein conferred upon the Commis- of powers. fix passenger and freight rates, joint and several, delegated to them by the General Assembly, as he General Assembly itself could exercise them; riving at their conclusions and decisions as to ust and reasonable rates, and in making examinasuch purpose, they shall have the powers con- CommissionSections 2832, 2833, 2834 and 2835 for securing nesses and nce of witnesses, reports and testimony of officers, mployees of railroad companies, and for the probooks and papers; and for violation of the prohis Section the same penalties are hereby imposed vided in said Sections, respectively; and such Obedience to Powers of ers as to wit evidence. Penalties. 1 A. D. 1912. Fees of witnesses. diction over lines. 1904, XXIV., 496. witnesses shall receive the compensation prescribed in Se tion 2832. Said passenger rates shall not exceed thos allowed by Section 2936. The Court will not take judicial notice of the proceedings, rules m regulations of the Commission.-Jones Bros. v. Ry., 76 S. C., 70; 56 8 = 666. Legislative power not delegated to Commissioners.—Ib. Railroad Sec. 2838. The Railroad Commission of this State sh Commission given juris- have and exercise the same jurisdiction and supervis telephone powers and control over and concerning all telephone line. stations and exchanges in this State, and over all persons firms or corporations owning or operating such telepho lines, stations or exchanges for the transmission of inte... gence for hire, that it now has and exercises over and a cerning railroads, telegraph and express lines, and the per sons, firms, or corporations owning or operating them this State; and said Commission shall especially have the right and power and it shall be its duty to fix and regulate the rates or tolls to be charged by the owners or operator of all such telephone lines, stations or exchanges, for th transmission of intelligence for hire, and to require reasona ble connections to be made and maintained when practica ble, between such lines, stations, or exchanges, and to and regulate reasonable rates, tolls, or compensation there for, and also to require reasonable connections to be made and maintained when practicable, between any such line stations or exchanges, and the lines or stations of private individuals, firms or corporations desiring such connections and to fix and regulate the rates, tolls or compensati therefor; and also to make and enforce rules and regula tions by which all persons, firms or corporations, owning or operating telephone lines, stations, or exchanges in th State for the transmission of intelligence for hire, shall be governed in the conduct of said business: Provided, That cities and towns where franchises have been granted by ay city or town, to operate and maintain a telephone exchang or exchanges and the rates and tolls are fixed in any suc franchise so granted, nothing herein shall permit any increase in the rates and tolls so fixed for service now furnished whether local or otherwise, except by agreement. with the municipal authorities in any such city or town subcribers: Provided, further, That except by agreeth the subscribers, no change shall be made in any rates without a hearing by said Commission which had at such time and place as shall be designated Commission most convenient to the parties interd of which the said Commission shall publish a at least one newspaper most likely to give notice parties interested, once a week for at least four A. D. 1912, of this Act. 39. For the purpose of enforcing and carrying Enforcement et the provisions of Sections 2838, 2839, 2840 and making such investigations as may be necessary per in enabling it to discharge the duties hereby the said Commission is hereby invested with all ts, powers, and privileges conferred upon it and with all the duties imposed upon it or its memailroad Commissioners, by the laws of this State for oses in regard to railroads, express and telegraph d the persons, firms or corporations owning or them. 40. Any person, firm or corporation owning or Penalty. any telephone line, stations or exchange in this the transmission of intelligence for hire who shall violate any of the provisions of Sections 2838, O and 2841, or fail or refuse to obey any of the said Commission, shall forfeit and pay as a penefor the sum of twenty-five dollars per day for in default, to be recovered by suit in the name of on the relation of any person, firm or corporation, , in any County in which such violation or default committed or occur. And the sum so recovered er paying all expenses of said suit, be paid into the of the State. It shall be the duty of the Attorneynd of the Solicitors of the State to prosecute said 11. The persons, firms or corporations owning or telephone lines, stations or exchanges in this State ansmission of intelligence for hire, shall bear their n of the salaries of the said Railroad Commission alaries of their Clerk and other assistants and of ses of their office along with the several corpora Proportion of expenses. A. D. 1912. tions mentioned in Sections 2821 and 3004, and to that end the Comptroller-General and the fiscal officers named said Sections shall place all such persons, firms and corpora tions in the same category as to the pay of the said salaries. and expenses as said other corporations, and shall asses and collect their pro rata of said salaries and expenses the same manner as the pro rata of the said other corpor tions, and all the duties, requirements, and penalties which the law provides for or against the said other corporations with regard to said salaries and expenses, shall devolve up and be incurred by every person, firm or corporation owning or operating any telephone line, station or exchange in the State for the transmission of intelligence for hire. 2844. Charges to be in proportion 2845. Same; exceptions. 2846. Further exceptions. 2847. Continuous carriage. 2848. Itemized bills of lading. 2849. Consignee may require settle- 2850. Cotton, how classified. 2851. Commissioners to make rates, 2852. Commissioners to make sched- 2853. Commissioners to fix storage 2855. Penalty for. 2857. Connecting roads not to dis- SEC. 2858, Connecting roads not to da criminate in receiving freight. 2859. Connecting roads not to de criminate in rates of freight 2860. Construction of term "R 2861. Cars to be received and deliv 2863. Penalty. 2864. Consignees of coal, etc., may 2865. Penalty. 2867. Scales to be maintained. 2870. Facilities to be furnished for of Charge un reasonable 2083. 2842. If any railroad corporation organized or siness in this State under the Act of corporation, rates. al law of this State now of force, or which may Civ. '02, be enacted, or any railroad corporation organized, may hereafter be organized, under the laws of r State, and doing business in this State, shall collect, demand or receive more than a fair and e rate of toll or compensation for transportation of rs or freight of any description, or for the use and ation of any railroad car upon its tracks or any of hes, or upon any railroad within this State which e right, license or permission to use, operate or he same shall be deemed guilty of extortion, and viction thereof shall be fined in a sum not less than Punishment. red nor more than one thousand dollars. Declared to be extortion. Unjust discrimination Civ. '02, 2084. 43. If any railroad corporation, as aforesaid, shall y unjust discrimination in its rates and charges prohibited. compensation for transportation of passengers or of any description, or for the use and transportany railroad car upon its said road or upon any of hes thereof, or upon any railroads connected therech it has the right, license or permission to operate within this State, the same shall be deemed guilty violated the provisions of this Chapter and upon thereof shall be fined in a sum not less than one nor more than one thousand dollars. be unlawful for any person so engaged as aforeerson engaged solely in the shipment or receiving ty, directly or indirectly, to allow or receive any rawback or other advantage, in any form, upon made or services rendered or received by them Punishment. |