Description delivered to official. Certain orders to be made only upon of protection among several companies in such proportion as to the commission shall seem just. The commission having determined such form of protection shall immediately cause a description thereof over its official signature to be delivered to an officer of the railroad affected thereby, with notice that the same must be adopted and put into practical force within a reasonable time to be fixed by the commission. SEC. 37. No order of the commission, made in pursuance of the provisions of sections thirty-five and thirty-six shall examination, be made except upon examination, at which representatives of the railroads affected shall be entitled to be heard, after notice. Penalty on carrier for etc. SEC. 38. Any common carrier that shall wilfully neglect wilful neglect, or refuse to obey or conform to any, order or direction of the commission made pursuant to either of sections thirtyfive or thirty-six shall be liable to a penalty in the sum of five hundred dollars, and to a like penalty for every week thereafter until such order or direction shall have been comProviso, when plied with: Provided, That in cases in which an application for rehearing shall be made, or an action in court shall be begun and prosecuted in good faith and with diligence, the liability for the continuing penalty herein prescribed shall not apply or begin until after the decision of the commission on rehearing of the final order of the courts in such action. penalty not to apply or begin. Fences, inspection, etc., as to SEC. 39. The Railroad Commission shall have power, and it shall be its duty, if it shall deem it practicable, in all cases sufficiency of. to inspect and determine the sufficiency of all fences required by law to be constructed and maintained by railroad companies, and it may prescribe the manner of constructing and the time within which it shall be done. Bill of lading, what to contain. Unlawful to limit nego SEC. 40. Whenever any property is received by any common carrier subject to the provisions of this act to be transported from one place to another in the State, it shall, upon demand by the shipper, issue a receipt or bill of lading therefor, naming therein the classification of such freight and the rate of freight at which the same is to be carried, and tiability, etc. it shall be unlawful for such common carrier to limit by contract or otherwise the negotiability of any bill of lading; nor shall any common carrier limit or change its common law liability by contract or otherwise as to its responsibility for the negligent act of its agents and servants with reference to property in the custody as a common carrier: Provided, That nothing herein contained shall be so construed as to abridge or in anywise lessen the liability of any such common carrier as it now is under existing laws. All statements rendered for transportation charges shall show character of shipments, weight, rate and total charges before demanding payment. Proviso. Transportation statements, what to show. To inquire into violations and enforce provisions. SEC. 41. This commission shall inquire into any neglect or violation of the laws of this State by any such railroad corporation hereinbefore defined doing business therein, or by its officers, agents or employes thereof, or by any person General or operating a railroad, and shall have the power, and it shall be its duty, to enforce the provisions of this act as well as all other laws relating to railroads and report all violations thereof to the Attorney General. Upon the request of Attorney the commission, it shall be the duty of the Attorney General, prosecutor to or the prosecuting attorney of the proper county, to aid in aid. any investigation, prosecution, hearing or trial had under the provisions of this act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this act and of all other laws of this State relating to railroads and for the punishment of all violations thereof. Any for- Forfeitures and penalties, feiture and penalty herein provided shall be paid to the how reState treasury, and shall be recovered and suit therefor shall covered, where paid. be brought in the name of the State of Michigan in the circuit court of any county having jurisdiction of the defendants. The Attorney General of Michigan, or any prosecuting Counsel for attorney selected by the said commission in any county who to be.' where such action is pending, shall be the counsel in any proceeding, investigation, hearing or trial prosecuted or defended by the commission. commission, loss, damage SEC. 42. All claims against any railroad for loss or dam- Claims for age to property from any cause, or for over-charge upon or overcharge, any shipments, or for any other service, if not acted upon when investigated. within ninety days from the date of filing of such claim with the railroad, may be investigated by the commission in its discretion, and the result of such investigation may be embodied in a special report and the next annual report of the commission. railroad into and SEC. 43. When fifty freeholders of any municipality shall Petition for petition the commission asking for railroad facilities to ac- facilities. commodate the business of such municipality, the commission shall notify an officer of said railroad and the said petitioners of a time and place when it will hear the said petitioners and said road in regard to the desirability and practicability of furnishing such facilities. At the time and May inquire place so designated, the commission shall make full inquiry order depots, into the matter and make such order in regard to the build- etc. ing of depots, interurban shelters, stopping of trains or cars, necessary sidings and other track accommodations as it shall deem for the public interests and shall be just and reasonable. Any company neglecting or refusing to comply with Forfeiture, such order within the time prescribed shall forfeit and pay compliance. to the State one hundred dollars per month for every month ensuing after the expiration of the time for compliance therewith: Provided, That the State shall not be liable for Proviso, state any damages that may accrue to such railroad company or individual, copartnership or corporation by reason of any such order or any proceedings under or by virtue thereof, and no such claims shall be allowed against or paid by the State. etc., for non not liable. Police powers vested in SEC. 44. The police powers of the State over street rail- of state ways, interurban railways and suburban street railways, commission. Compliance required. Rights of action not whether operated by steam, electricity or other motive power, organized or doing business in this State, shall be and the same are hereby vested in the Railroad Commission, and it is hereby made the duty of said Railroad Commission to exercise the same in accordance with the requirements of the law. SEC. 45. A substantial compliance with the requirement of this act shall be sufficient to give effect to all rules, act and regulation of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. SEC. 46. This act shall not have the effect to release or released, etc. waive any right of action by the State or by any person for any right, damage, penalty or forfeiture which may have arisen or which may hereafter arise under any law of this Penalties etc. State, and all penalties and forfeitures accruing under this to be cumulative. Additional remedies in mandamus, injunction, etc. Record of Annual report to Governor. act shall be cumulative, and a suit for and recovery of one shall not be a bar to the recovery of any other penalty or damage. SEC. 47. In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations of the provisions hereof and of all orders of the commission, the commission may compel compliance with the provisions of this act and with the orders of the commission by proceedings in mandamus, injunction or by other appropriate civil remedies. SEC. 48. The commission shall keep a record of all its findings, de- findings, decisions, determinations and investigations under cisions, etc. this act or under any other act prescribing its duties and powers, and shall on January first of each year render to the Governor a full and complete report of all such findings, decisions, determinations and investigations, together with a statement of all moneys expended by it or on its order, and of all salaries paid by or to it. It shall include in such report such recommendations as it shall desire to make on the conduct of railroad business in the State of Michigan, . and such portion or abridgment of the reports of the various railroad corporations made to it as it shall deem to be of interest to the general public. This report shall be printed and distributed as provided by law. Powers, duties, etc., transferred to commission. SEC. 49. All powers, duties and privileges imposed and conferred under existing laws upon the Commissioner of Railroads, the railroad and street crossing board, the crossing board as defined by section six thousand two hundred thirty-two of the Compiled Laws of eighteen hundred ninetyseven, and the board of railway consolidations as defined by section six thousand two hundred fifty-five of the Compiled Laws of eighteen hundred ninety-seven, under existing laws are hereby imposed and conferred upon the commission created under the provisions of this act, and wherever in the said act or either of them the Commissioner of Railroads, the railroad and street crossing board, the crossing board, to conform. and the board of railway consolidations, or either of said officials or boards, are named, the same shall be construed to mean and apply to and name the Michigan Railroad Com- Acts modified mission; and in so far as any act which authorized the appointment and fixes the powers and duties of the Commissioner of Railroads, the railroad and street crossing board, the crossing board as defined in section six thousand two hundred thirty-two of the Compiled Laws of eighteen hundred ninety-seven, and the board of railway consolidations as defined by section six thousand two hundred fifty-five of the Compiled Laws of eighteen hundred ninety-seven, are inconsistent with or in conflict with any of the provisions of this act, the same will be deemed to be modified by this act so as to bring the provisions of the said several acts in conformity to the provisions of this act: Provided, That the Proviso, before powers and duties conferred upon the Railroad Commis- organized sioner and the said several boards by laws in force at the passage of this act shall continue to be exercised by them until the commission provided for in section one of this act has been organized and qualified. commission act, declared sections. SEC. 50. Each section of this act and every part of each Sections of section is hereby declared to be an independent section and independent part of a section, and the holding of any section or part thereof to be void and ineffective for any cause shall not be deemed to affect any other section or any part thereof. Approved June 28, 1907. [No. 313.] AN ACT to amend sections two and four of act number one hundred fifty-six of the public acts of eighteen hundred eighty-three, entitled "An act creating a Bureau of Labor and Industrial Statistics and defining the powers and duties of the same," being sections four thousand five hundred ninety-eight and four thousand six hundred of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Sections two and four of act number one hun- Sections dred fifty-six of the public acts of eighteen hundred eighty- amended. three, entitled "An act creating a Bureau of Labor and Industrial Statistics and defining the powers and duties of the same," being sections four thousand five hundred ninety-eight and four thousand six hundred of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended to read as follows: Statistics of labor, by whom made, etc. SEC. 2. The duties of such bureau shall be to collect in the manner herein provided, assort, systematize, print and present to the Governor, on or before the first day of February, eighteen hundred eighty-four, and annually thereafter, statistical details relating to all departments of labor in this State, including the penal institutions thereof, particularly concerning the hours of labor, the number of laborers and mechanics employed, with the nativity, age and sex of such laborers and mechanics, whether married or single, the daily wages earned and savings therefrom, the number and character of accidents, the sanitary conditions of establishments or institutions where labor is employed, the subjects of strikes, cooperation, labor difficulties, organized labor, their effects on labor and capital, with such other matter relating to the industrial, social, educational and sanitary conditions of the laboring classes and to the productive industries of the State, including the names of firms, companies or corporations where located, capital invested in grounds, buildings and machinery, the kinds of goods produced, or manufactured, the time operated each year, the amount paid annually for materials, rent, taxes and insurance, the number of employes, male and female, the number engaged in clerical work and manual labor, with a classification of the number of each sex engaged in each occupation and the average daily Special agents wages paid each. The Commissioner of Labor is authorized to appointed, duties. Proviso as to non-publication of separ ate establish ments. Compensation of commissioner, etc., how paid. appoint special agents to represent the bureau, with authority to visit firms and establishments and to collect such statistics, and perform such other duties as may be required, with like power as if conferred on said Commissioner: Provided, That the Commissioner of Labor nor any one connected with his office, shall not publish, make public, nor give to any individual or to the public the separate individual statistics obtained from any manufacturing establishment, but all such statistics must be published in connection with other similar 'statistics and given to the public in aggregates and averages. SEC. 4. The compensation of such Commissioner shall be two thousand dollars per annum, and that of his deputy fifteen hundred dollars per annum, which compensation, together with all necessary expenses, including the employment and the paying of the expenses, of such assistants as are provided for in section one of this act, also the expenses provided in section three of this act shall be audited and paid in the same manner as the salaries and expenses of other Proviso as to State officers: Provided, The amount thereof, exclusive of the compensation allowed to said Commissioner and his deputy, shall not, in any one year, exceed the sum of ten thouProviso as to sand dollars: And Provided further, That in addition to the above allowance for expenses said bureau shall be authorized to have printed not to exceed four thousand copies of its annual reports for the use of the bureau, for general distribution, and all printing, binding, blanks or map work, and all supplies shall be done or furnished under any contract which certain com pensation. supplies, etc. |