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ARTICLE S.-RAILROAD COMMISSION.

SEC.

5405a.

SEC.

Commissioners, appointment, 5405m. Witnesses, fee, attachment, con

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[Acts 1905, p. 83. In force April 15, 1905.]

5405a. Commissioners, appointment, terms, salaries.-1. That a railroad commission is hereby created, to be composed of three persons, to be appointed by the governor, who shall, within sixty days after the taking effect of this act, appoint three persons as such commissioners, whose term of office shall begin on the Monday next following such appointment, one of whom shall hold office for a term of four years, one for a term of three years and one for a term of two years or until their successors shall be appointed and qualified. Thereafter at the expiration of the term of office of each such commissioners, his successor shall be appointed by the governor for a term of four years, provided that at no time shall there be more than two of said commissioners members of the same political party.

(a) The persons so appointed shall be resident citizens of this state. and qualified voters under the constitution and laws, and not less than thirty years of age.

(b) No commissioner hereunder shall hold any office under the government of the United States or of this state, or of any other state government; and shall not, while such commissioner, engage in any occupation or business inconsistent with his duties as such commissioner.

(c) The governor may remove any commissioner at any time for inefficiency, neglect of duty or malfeasance in office, but he shall give to such commissioner a copy of the charges against him and an op

portunity of being heard in his defense. The governor shall fill any vacancy by appointment and the person so appointed shall fill out the unexpired term of his predecessor.

(d) Before entering upon the duties of his office, each of said commissioners shall take and subscribe and file with the secretary of state an oath of office in the following form: I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State of Indiana; and that I will, to the best of my ability, faithfully and justly discharge the duties of the office of railroad commissioner and enforce the provisions of all laws of the State of Indiana which declare and define my duties, and of all laws of said state the enforcement of which devolves upon the railroad commission of Indiana. Each of said commissioners shall file in the office of the secretary of state a good and sufficient bond in the sum of ten thousand dollars to be approved by the governor for the faithful discharge of his duties.

(e) Each of said commissioners shall receive an annual salary of four thousand dollars ($4,000.00), payable in the same manner that salaries of other state officers are paid.

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(f) It shall be unlawful for any member of said commission, their secretary, or any of their clerks and employes, to receive any free transportation, reduced rates for transportation or any other perquisite, gift or emolument from any railroad company or other party interested in railroad transportation during the term of their respective office or employment, and any person violating the provisions of this section. shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty dollars nor more than one thousand dollars, and upon conviction thereof of any commissioner, the governor shall declare his said office to be vacant and a successor shall be selected as elsewhere provided by this act in case of vacancy. 5405b. Organization-Secretary-Clerk-Salary-Expenses.-2. commissioners appointed as hereinbefore provided shall meet at Indianapolis on the Thursday next following the commencement of their term of office and organize, and select one of their numebr chairman of said commission. A majority of said commissioners shall constitute a quorum to transact business. Said commission may appoint a secretary at a salary of not more than twenty-five hundred ($2,500) dollars per annum, and may appoint one clerk at a salary of not more than fifteen hundred ($1,500) dollars per annum, and such other persons as may be necessary to aid the commission in enforcing the provisions of this act. The secretary shall keep a full and correct record of all the transactions and proceedings of said commission, and perform such duties as may be required by the commission. The commission shall have power to make all needful rules for their government and for their proceedings. They shall be known collectively as "railroad commission of Indiana," and shall have a seal with the words "railroad commission of Indiana" engraved thereon. The said commission shall be furnished with the necessary office rooms in the state capitol building

at Indianapolis and with necessary furniture, stationery and other supplies needed in the discharge of its duties. All the necessary expense of said commission in carrying into effect all the provisions of this act, including salaries of its appointees and employes other than traveling expenses, shall be audited and approved by the auditor of state and paid by the treasurer of state out of any funds in his hands not otherwise specifically appropriated. The members of said commission, its secretary and clerk, shall be entitled to receive from the state their actual necessary traveling expenses, which shall include the cost only of transportation and hotel bills while traveling on the business of the commission, which amount shall be paid by the treasurer of state on the order of the governor upon an itemized statement thereof, sworn to by the party who incurred such expense in traveling, and after the same shall have been approved by the commission.

(a) Said commission may hold sessions at any place in this state when deemed necessary to facilitate the discharge of its duties.

5405c. Powers and authority.-3. The power and authority is hereby vested in the railroad commission of Indiana, and it is hereby made its duty as hereinafter provided to supervise all railroad freight and passenger tariffs, and to adopt all necessary regulations to govern car service and the transfer and switching of cars from one railroad to another at junction points or where entering the same city or town, and to supervise charges therefor; to require and supervise the location and construction of sidings and connections between railroads; to supervise the crossing of the tracks and sidetracks of railroads by other railroads now in process of construction or extension, or which may be hereafter constructed or extended, and to prescribe the terms and conditions and manner in which such crossings shall be made; and the character thereof, whether at grade or over or under grade, and the authority now vested in the auditor of state under the laws of this state with reference to the crossings of railroads by other railroads, or by railroads operated by electricity, and the installation and maintenance of interlocking appliances at such crossings is hereby vested in the commission; to supervise and regulate private car line service and private tracks where such tracks are operated in connection with any railroad in this state, or share in the rates or earnings of any common carrier subject to the provisions of this act; to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads, and to enforce the same by proceedings for the enforcement of penalties provided by law through courts of competent jurisdiction.

(a) The classification of freight adopted by the railroads shall be uniform and shall apply to and be the same for all railroads subject to the provisions of this act.

(b) The said commission shall have power and it shall be its duty, as hereinafter provided, upon the failure of the railroad companies so to do, to fix and establish for all and any connecting lines of railroads in this state reasonable joint rates of freight, transfer and switch

ing charges for the various classes of freight and cars that may pass over two or more lines of such railroads.

(c) If any two or more connecting railroad companies shall fail to agree upon a fair and just division of the charges arising from the transportation of freights, passengers or cars over their lines, the commission shall, as hereinafter provided, fix the pro rata part of such charges to be received by each of said connecting lines.

(d) The commission shall have power as hereinafter provided and it shall be its duty from time to time, to alter, change, amend or abolish any classification or rate established by any railroad company or companies whenever found to be unjust or discriminative, and such amended, altered or new classifications or rates shall be put into effect by said railroad company or companies.

(e) The commission may adopt and enforce such rules, regulations. and modes of procedure as it may deem proper, to hear and determine complaints that may be made against the classifications or the rates maintained by the common carriers subject to the provisions of this act, or against the rules, regulations and determinations of the commission.

(f) The commission shall enforce as hereinafter provided, reasonable and just rates of charges for each railroad company subject hereto, for the use or transportation of loaded or empty cars on its roads; and may so enforce for each railroad, or for all railroads alike, reasonable rates for storing and handling of freight, and for the use of cars not unloaded after forty-eight hours' notice to the consignee, not to include Sundays or legal holidays.

(g) The commission shall enforce reasonable rates as hereinafter provided for the transportation of passengers over each or all of the railroads subject hereto, which rates shall not exceed the rates fixed by law. The commission shall have power to enforce reasonable rates, tolls or charges for all other service performed by any railroad subject hereto.

(h) The provisions of this section shall be construed to mean that said commission shall have power to correct, alter, change or establish rates, charges, classifications, rules or regulations where the railroads or express companies, respectively, or any of them, fail to have just and reasonable and undiscriminative rates, charges, classifications, rules and regulation [s] in operation and effect, and shall exercise such power only where some person or corporation injuriously affected by such rate, charge, classification, rule or regulation, shall have filed with said commission, a written verified complaint setting forth the unreasonable character of the rate, charge, classification, rule or regulation complained of; and when any such complaint shall have been filed, the said commission shall have power to proceed to hear and determine said complaint and consider the reasonableness of such rate, charge, classification, rule or regulation, after the notice provided for in section 4 of this act has been given; and after such hearing shall make such corrections, alterations, changes or new regulations, or any part

thereof, as may be necessary to prevent injustice and discrimination to the party complaining: Provided, That when any such rate, charge, classification, rule or regulation shall have been changed, or modified, by any order of said commission, such order shall operate for the benefit of all persons or corporations, situated similarly with said complaining party and on the line of said railroad complained of: Provided, further, That at any hearing provided for in this section, all oral testimony heard by the commission shall be taken down in shorthand and all written and documentary evidence heard or considered, and all pleadings and other papers pertaining to such hearing shall be kept on file in the office of the commission, so that a complete transcript of all such proceedings, including all the evidence, may be made whenever required. 5405d. Revision of rates - Notice Hearing-Rules-Powers.-4. Before any rates or charges of railroads or express companies shall be revised or changed under the provisions of this act, and before any order shall be made by the said railroad commission changing the rules or regulations of any such company respecting car service, the transfer or switching of cars from one railroad to another, or respecting the location or construction of sidings and connections between roads or respecting joint rates or charges by two or more of such companies, the said commission shall give to the company or companies affected by such proposed order or revision not less than than twenty days' written notice of the time and place where such rates or charges or the matters involved in said proposed order shall be considered; and such company shall be entitled to a hearing at the time and place specified in such notice and shall have process to enforce the attendance of its witnesses. All process herein provided for shall be served as in civil

cases.

(a) The commission shall have power to adopt rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings of railroad companies and other parties before it, in the consideration of rates, orders, charges and other acts required of it under this law: Provided, That all persons interested in the result of any such investigation or hearing shall have the right to be present.

(b) The chairman and each of the members of said commission for the purposes mentioned in this act shall have power to administer oaths to witnesses appearing before the commission in the course of any hearing or investigation provided for by this act. Subpoenas commanding the attendance of witnesses and the production of papers, bills of lading or other evidence of shipment, way bills, books, accounts and other documents deemed necessary by the commission in any proceeding pending before it may be issued by said commission, signed by its secretary and served by reading or by copy, and such subpoenas shall be served and the attendance of all such witnesses enforced as provided for in section 12 of this act.

5405e. When actions not to be controverted. 5. In all actions between private parties and railroad companies or private car line companies brought under this law, the rates, charges, orders, rules, regu

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