shall lie. tuted. each offense, of not less than $100 nor more than $5,000, to be fixed by the presiding Judge. An action for the recovery of Where action the penalty shall lie in any county in the state where such violation has occurred, or wrong has been perpetrated, and shall be in the name of the State of Florida. The Commission- By whom instiers shall institute such action through the Attorney-General, or State Attorney. Any superintendent, officer, agent or other employee of any railroad company in this State who violates, knowingly and wilfully, any of the provisions of this act (or of the act to which this is an amendment), or of any rule and regulation made and prescribed by the said Commissioners in pursuance thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment not exceeding six months Fine and imin the jail of the county in which such person is convicted, or prisonment. both. SEC. 18. That of any railroad company doing business in this State, shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county where the same was done, in any court having jurisdiction thereof, and the dainages to be recovered shall be the same as in an action between individuals; Provided, That in all cases, demand in writing on said railroad company shall be made for the money damages sustained, before suit is brought for recovery under this section, and that no suit shall be brought until the expiration of thirty days after such demand; Provided further, That all suits under this act shall be brought within twelve months after the commission of the alleged wrong or injury. Damages to and how recov persons, where ered. Limitation. SEC. 19. That in all cases under the provisions of this act, Rules of evithe rules of evidence shall be the same as in civil actions, ex- dence. cept as herein before otherwise provided. All fines recovered under the provisions of this act, shall be paid into the county Fines, when treasury to be used for county school purposes in the county payable. where the fine was imposed. The remedies hereby given the persons injured, shall be regarded as cumulative to the remedies now given by law against railroad corporations, and this mulative. act shall not be construed as repealing any statute giving such remedies. Remedies cu terms. SEC. 20. That the provisions of this act (and the act to which this is an amendment) shall apply to the transportation of pas- Definition of sengers and property, and to the receiving, delivering, storage, and handling of property wholly within the State, and shall apply to all railroad corporations and railroad companies engaged in this State, in the transportation of passengers or property by Uniform classification, and Through rates. con railroads therein, from any point within this State, to any point. SEC. 21. That all railroad companies operating railroads in freight receipts this State shall adopt a uniform classification, and issue freight receipts to shippers where station agents are employed, (and upon the request of a shipper, such freight receipt shall be issued in duplicate, or in triplicate, as the case may be,) in which shall be stated the class or classes of freight shipped, the freight charges over the road giving the receipt, and the schedule rate then in use for such freight on the connecting road to which such freight shall be first delivered, and as far as practicable, the freight rates over all other roads that carry such freight; Provided, that where joint or through rates shall be in use on said roads, such joint or through rates shall be stated in said receipt, instead of the schedule rate. When the consignee presents the railroad receipt to the agent of the railroad that delivers such freight, such agent shall deliver the articles shipped at the point named in the receipt; Provided, That the company has transportation connection with said point, on payment of the rate charged for the class of freights mentioned in the receipt; Provided, The consignee shall pay the freight charges on goods, merchandise, and other freight received, and shall not be compelled to pay for goods, merchandise, and other freights not received. Delivery of freights. Commissioners to make annual reports. SEC. 22. That it shall be the duty of the Commissioners herein provided for, by the first lay of March in every year, to make to the Governor annual reports of the transaction of office, and to recommend from time to time such legislation as Commissioners they may deem advisable under the provisions of this act. may summon witnesses. Pay of wit nesses. " SEC. 23. That said Railroad Commissioners, in making any examination for the purpose of obtaining information pursuant to this act, shall have power to issue subpoenas for the attendance of witnesses, by such rules as they may prescribe, and Clerk to administer oaths. witnesses. Commissioners may administer such witnesses shall receive for such attendance $2 per day, and 5 cents per mile traveled by the nearest practicable route in going to and returning from the place of meeting of said Commissioners, to be ordered paid by the Governor upon presentation of subpoenas sworn to by the witnesses, as to the number of days served and miles traveled, before the Clerk of said Commissioners, who is hereby authorized to administer oaths. In case any person shall wilfully fail or refuse to obey such subpoena it shall be the duty of [the] County Judge of any Attachment county, or Judge of the Circuit Court, upon [the] application of may issue for said Commissioners, to issue an attachment for such witness, and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners, and said court shall have power to punish for contempt as in other cases of a refusal to obey the process and order of said court. In making any investigations or examinations pursuant to this or any other section of this act, each Railroad Commissioner is hereby empowered to administer oaths or affirmations, and in such examinations or in- oaths. vestigations no person called upon to testify shall be excused from answering on the ground or claim that his testimony would tend to criminate himself, but such testimony shall not be used against him in any criminal proceeding. The said Commissioners are hereby authorized, in their discretion, to appoint any one of their number to make any such investigations or examinations, outside of their office, anywhere in this State, and such member, in making such examinations or investigations, is hereby invested with the same power as a full board would have, the Commissioner so appointed to report to a full board the result of his investigations. The Secretary of the Railroad Commission is hereby authorized to serve any sub. pœna, notice or other process or paper issued by the Commission, and required by them to be personally served, and it shall be the duty of the Sheriffs in the different counties in this State to make such service when required by the Commissioners, said Secretary and Sheriff to be paid the same fees as are allowed the latter by law for similar services. One Commismake examina sioner may tions. Service of papers and fees for same. Penalties for violation of this SEC. 24. That every officer, agent or employee of any railroad company who shall wilfully neglect or refuse to make and furnish any report required by the Commissioners as necessary to the purposes of this act, or who shall wilfully and unlawfully act. hinder, delay or obstruct said Commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred nor more than five thousand dollars for each offense, to be recovered in an action of debt in the name of the State. The following sections were added to the law of 1887 by the amendatory act of 1889, to-wit: Discrimina not unjust. SEC. 16. That nothing in said act, or the act to which this is an amendment, shall prevent the common carriers subject tions which are thereto, from the carriage, storage or the handling of property free or at reduced rates for charitable purposes, or to or from fairs and expositions for exhibition thereat, or free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion or commutation or round-trip passenger tickets, or from giving reduced rates to ministers of religion, or from giving free carriage to their own officers or employees, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees, or free passage or reduced rates to persons in charge of live stock shipped, from the point of shipment to destination and return, or from issuing second-class tickets at a lower rate of fare than for first-class tickets, for the holders of which second-class tickets so issued second-class accommodations shall be furnished. Rail oad com annual report. SEC. 17. That it shall be the duty of all common carriers panies to make subject to the provisions of this act, or the act to which this is an amendment, to make to the Railroad Commissioners annually, at such time as said Commissioners shall designate, and according to such forms as said Commissioners shall prescribe, annual reports for the current year ending June 30(th), immediately preceding, which shall contain a statement of the organization, capitalization, traffic, earnings, expenses, and such other matters connected with their organization and operations, as said Commissioners shall require, which said reports shall be verified by affidavits of the principal officers thereof, and the said Commissioners shall tabulate and compile said annual reports, and include them in their annual report to the Governor; Provided, That should any railroad company, or any officer, agent, or employee of any railroad company swear falsely to any matters in the reports provided for in this section, they shall be deemed guilty of a felony, and upon conviction thereof (be) punished by a fine of not less than $500, or by imprisonment in the State Penitentiary for not less than one year, or by both (such) fine and imprisonment. Penalty for false returns. Facilities for interchange of traffic. SEC. 18. That every common carrier subject to the provisions of this act, or (of) the act to which this is an amendment, shall afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding and delivering (of) passengers and property to and from their several lines, and those connecting therewith, and the Railroad Commission hall have the authorDuties of Com- ity, and it is hereby made a part of their duty, to compel (a) compliance with the provisions of this section. missioners. . decisions. SEC. 19. That the Commissioners may, in their discretion, publish any decision made by them, which they may deem of Publication off importance to the public, in such newspaper or newspapers as in their judgment will give it proper publicity. SEC. 20. That said Commissioners may, at their discretion, Mandamus pro direct the Attorney-General or State Attorney to institute ceedings. proper proceedings before the courts, in the name of the State, by mandamus, injunction or otherwise against any common carrier subject to the provisions of this act, to compel the observance of the law, or the rules and regulations of the Commissioners made thereunder, and such Railroad Commissioners are hereby authorized, when in their judgment is is necessary so to do, to employ counsel to assist the Attorney-General or State Attorney in conducting any such proceedings in behalf of the State; Provided, That in case such proceedings instituted in the Circuit Court, and an appeal shall be taken from the judgment thereof to the Supreme Court, such appeal shall not operate as a supersedeas. Railroads may for relief. petition Court & ceedings. SEC. 21. That whenever any common carrier subject to the provisions of this act, or any person interested in the transportation of persons or property on the line of such carrier, shall be dissatisfied with any rule or regulation, or rate of toll or compensation prescribed by the said Railroad Commissioners, for the transportation of persons or property, such carrier or person shall have the right to file its or his bill in a Court of Chan Chancery pro-cery of any Circuit in which the line or road of such carrier is located or operated, either in whole or in part, for the purpose of determining the justness, fairness and reasonableness of any such rule or regulation or rate of toll or compensation; and when such bill is filed, it shall have preference over all other causes, and such court shall proceed to hear and determine the matter speedily, as a Court of Equity, and without the formal pleading and proceedings applicable to ordinary suits in equity, but in such a manner as to do justice in the premises; and the order of said court shall be of full force and effect in every Judicial Circuit in this State, in which any part of the road of such railroad company extends or is operated; Provided, That Supersedeas no such suit or proceeding shall operate to suspend or super- tion of Court. sede any such rule or regulation, or rate of toil or compensation, until a final hearing thereof, and in case of an appeal to the Supreme Court, until the final determination of the appeal; unless the Judge in whose court any such bill is filed, shall order that such suit shall operate as a supersedeas, and when any such order shall be made, the railroad company which shall have filed such bill, shall not be required to comply with the rule or regulation or rate of toll or compensation complained of, until after the suit shall be determined; but any such company so granted a supersedeas, shall keep a strict account of all its only at discre Roads shall charges collected. keep account of |