Blanks. Answers sworn to. turning blanks. Commission scribe forms of all records. provements and betterments in this State. (Laws 1907.) SEC. 13. The said Commission shall cause to be prepared suitable blanks with questions calculated to elicit all information concerning railroads and express companies, and as often as it may be necessary furnish said blanks to each railroad and express company. Any railroad or express company receiving from the Commission any such blanks shall cause said blanks to be properly filled out so as to answer fully and correctly each question therein propounded, and in case they are unable to answer any question, they shall give a satisfactory reason for their failure; and the said answers, duly sworn to by the proper officers of said company, shall be returned to said Commission at its office within thirty days from the Time for rereceipt thereof. The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by the carriers subject to the pro- may previsions of this act, whose line or lines extend beyond the limits of this State which are operated partly within and partly without this State so that the same shall show any information required by the Commission concerning the movement of traffic as well as the receipts and expenditures appertaining to those parts of such line which are subject to the provisions of this act. The Commission shall at all times have access to all accounts, records, and memoranda Shall kept by the carriers subject to this act. In case of refusal on the part of any such railroad or express company, receiver, or trustee to keep such accounts, records, and memoranda on the books and in the manner prescribed aforesaid by the Commission, or to submit such accounts, Penalty. records, and memoranda as are kept to the inspection of the Commission or any of its authorized agents or examiners, such railroad, express company, receiver, or trustee shall forfeit to the State of Washington the sum of $500.00 for each such offense, and for each and every day ered. of the continuance of such offense such penalty or forfeiture to be recoverable in the same manners as other forfeitures provided for in this act. have access to all records. How recov Failure to (a) If any officer or employe of a railroad or express all out company shall wilfully fail or refuse to fill out and return blanks. Penalty. Reports of Reports to be published. Interstate freight rates. Investigation of. Notify Interstate Com. Commission. May require rec ords to be produced. any blank as above required, or wilfully refuse or fail to answer any question therein propounded, or fails to keep his books and accounts as herein provided or give a false answer to any such questions, where the fact inquired for is within his knowledge, or shall evade the answer to any such questions, such person shall be guilty of a misdemeanor and shall on conviction thereof be fined for each day he shall fail to perform such duty, after the expiration of the time a sum not to exceed five hundred dollars, and the Commission shall cause a prosecution therefor in the proper court; and a penalty of a like amount shall be recovered from the company when it appears that such person acted in obedience to its directions, permission, or request in his failure, evasion, or refusal. (b) The said Commission shall make and submit to the governor annual reports containing a full and complete account of the transactions of their office, together with the information gathered by such Commission as herein required, and such other facts, suggestions, and recommendations as may be by them deemed necessary, which report shall be published as the reports of the heads of departments. (c) The said Commission shall have power, and it is hereby made its duty, to investigate all through freight rates on railroads and expresss companies in Washington; and when the same are, in the opinion of the Commission, excessive or levied or laid in violation of the interstate commerce law, or the rules and regulations of the interstate commission, the officials of the railroads or express companies are to be notified of the facts, and requested to reduce them or make the proper corrections as the case may be. When the rates are not changed, or the proper corrections are not made according to the request of the Commission, the latter is instructed to notify the interstate commerce commission and to apply to it for relief. (f) The Commission may require from any railroad doing business in this State the production within this State, at such time and place as it may designate, any books, papers or accounts kept by said railroad in any office or place without the State of Washington, or certi fied copies in lieu thereof may be made by the Commission, or under its direction. Demand -how serv Such demand shall be served upon the railroad in the for records manner that orders and complaints are served on rail- ed. roads under the provisions of the act establishing the Railroad Commission. Any railroad failing or refusing to comply with any such order shall, for each day it shall without good cause so fail or refuse, forfeit and pay the State of Washington a sum of not less than one hundred Penalty. dollars nor more than five hundred dollars to be recovered as other penalties are recovered under said act. 1907.) (Laws Witnessfees there of. Witnesses by railroads to fees. SEC. 14. Each witness who shall appear before the Commission by order of the Commission, shall receive for his attendance three dollars per day and five cents per mile traveled by the nearest practicable route in going and returning from the place of meeting of said Commission; Mileage. said fees and mileage shall be paid as other accounts, upon the presentation of proper vouchers sworn to by such witnesses and approved by the Chairman of the Commission: Provided, That no witness shall be entitled to any fees or summoned mileage from the State of Washington when summoned not entitled at the instance of the railroad or express companies. The claim by any witness that any testimony sought to be elicited may tend to criminate the person giving it, shall not excuse said witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding excepting in a prosecution for perjury: Provided, The Commission shall in all cases have the right to take depositions instead of com- Depositions. pelling attendance of witnesses and to compel witnesses to. attend and testify as upon a hearing before them. The sheriff or constable executing any process issued under the provisions of this act shall receive such compensation serving paas may be allowed by the Commission, not to exceed fees pers. as now prescribed by law for similar services. The said Commission shall have power to subpoena and compel the attendance of witnesses from any place within the State to attend upon said Commission at its meetings at any place in the State. (Laws 1905.) Fees for crimination. Unjust dis- SEC. 15. If any railroad or express company subject hereto, directly or indirectly, or by any special rate, rebate, drawback or other device, shall charge, demand, collect, or receive from any person, firm or corporation, a greater or less compensation for services rendered, or to be rendered by it, than it charges, demands, collects or receives from any other person, firm or corporation for doing a like and contemporaneous service, such railroad or express company shall be deemed gulity of unjust discrimination, which is hereby prohibited. Unreasonable prefer ence. Failure to transport passgrs. (a) It shall also be unjust discrimination for any such railroad or express company to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or to subject any particular description of traffic to any undue or unreasonable prejudice, delay or disadvantage in any respect whatever. (b) Every railroad or express company which shall and freight. wilfully fail or refuse under such regulations as may be prescribed by the Commission to receive and transport without delay or discrimination, the passengers, tonnage and cars, loaded or empty, of any connecting line of railroad and every railroad which shall, under such regulations as may be prescribed by the Commission wilfully fail and refuse to transport and deliver without delay or discrimination any passengers, tonnage or cars, loaded or empty, Precedence destined to any point on or over the line of any connecting freight and line of railroad shall be deemed guilty of unjust discrimination: Provided, Perishable freight of all kinds and livestock shall have precedence of shipment. given perishable livestock. Long and short haul • clause. (c) It shall be unjust discrimination for any railroad or express company subject hereto to charge or receive any greater compensation in the aggregate for the transportation of like kind of property or passengers for a shorter than for a longer distance over the same line: Provided, That upon application to the Commission any railroad or express company may in special cases, to prevent waived by manifest injury, be authorized by the Commission to charge less for longer than for shorter distances for transporting persons and property, and the Commission shall from time May be Com'n. to time prescribe the extent to which such designated railroad or express company may be relieved from the operations of this provision: Provided, That no manifest injustice shall be imposed upon any citizen at intermediate points. Penalty for above sec (d) Any railroad or express company violating any violating provisions of this section shall be deemed guilty of unjust tion. discrimination and shall for each offense pay to the State of Washington a penalty of not less than one hundred dollars nor more than two thousand dollars. Free car State al -Militia or (e) Nothing herein shall prevent the carriage, storage riage for or handling of freight free or at reduced rates for the lowed, State, or for any city, county or town government, or for charitable purposes, or to and from fairs and expositions for exhibition thereof, or the free carriage of destitute and indigent persons, or the issuance of mileage or excursion passenger tickets, nor to prevent railroads from giving free or reduced transportation to ministers of religion, or the inmates of hospitals, eleemosynary and charitable institutions, State National Guard or Militia when National on official duty, and students going to and returning from dents, institutions of learning within the State; and nothing herein shall be construed to prevent railroads from giving free transportation to any railroad officer, agents, employes, attorneys, stockholders or directors, and to employes' families, and to ex-employes in search of employment and to and famiinjured employes and their families, and the families of employes killed in railroad service: Provided, Such carriage may extend to employes' household goods and personal effects. (f) Upon any shipment of livestock or other property of such nature as to require the care of an attendant the railroad company may furnish to the shipper or to some person or persons designated by him free transportation for such attendant or attendants, including return passage to the point at which the shipment originated: Provided, There shall be no discrimination with reference thereto between such shippers, and the Commission shall have power to prescribe regulations in relation thereto. (Laws 1907.) Guard, stu -Employes lies, Attendant for liveother such stock or property may be car ried free. Must not discriminate. |