Imágenes de páginas
PDF
EPUB

be prosecuted for any offense concerning which he is compelled here under to testify.

Sec. 14. The commission shall collect full and complete information of the value of all the property owned and controlled by any person or public service corporation subject to the provisions of this act, as of the first day of April, in each year; and tabulate in statistical form and furnish the same to the board of public works on or before the first day of June in each year, which information shall be used by the said board of public works in fixing the value of the property of such person or public service corporation for assessment for the purpose of taxation as provided by law.

Sec. 15. There shall be paid by all public service corporations subject to the provisions of this act a special license fee in addition to those now required by law. Such fee shall be fixed by the auditor upon each of such public service corporations according to the value of its property, as ascertained by the last preceding assessment, and shall be apportioned among such public service corporations upon the basis of such valuation, so as to produce a revenue of sixty thousand dollars per annum, or so much thereof as may be necessary, which shall be paid on or before the twentieth day of January in each year. Such sum of sixty thousand dollars, or so much thereof as may be necessary, is hereby appropriated and set aside for the purpose of paying the salaries, compensations, cost and expenses of the commission, its members and employes, and no other sum shall be appropriated therefor.

Sec. 16. Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present his or its petition in writing to the supreme court of appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary of the commission before presenting the same to the court, or the judge. The court or judge shall fix a time for the hearing on the application, but such hearing shall not be held sooner than five days, unless by agreement of the parties, after its presentation, and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions

and in such penalty, and impose such terms and conditions upon the petitioner as are just and reasonable. The hearing of the matter shall take precedence over all other matters before the court except the correction of assessments. For such hearing the commission shall file with the clerk of said court all papers, documents, evidence and records or certified copies thereof as were before the commission at the hearing or investigation resulting in the entry of the order from which the petitioner appeals. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right.

Sec. 17. Every officer, agent, employe, or stockholder of any such public service corporation, and every patron, passenger, shipper or consignee, or other person, who shall violate any provision of this act, or who procures, aids or abets any violation of any such provision by any such public service corporation, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dollars or be confined in jail not more than one year, or both, in the discretion of the court. When any person is convicted of a violation of any provision of this act, and it is alleged in the indictment on which he is convicted, and is admitted, or by the jury found that he has been before convicted of the violation of any provisions hereof committed prior to the violation for which the indictment upon trial was found, then he shall be fined not less than two hundred nor more than two thousand dollars, or be confined in jail not less than thirty days nor more than one year, or both, in the discretion of the court. When any person is convicted of a violation of any provision of this act and it is alleged in the indictment upon which he is convicted, and is admitted, or by the jury found that he has been twice, or oftener, before convicted of a violation of any provisions hereof committed prior to the violation for which the indictment upon trial was found, then he shall be fined not less than five hundred nor more than five thousand dollars, and shall, in addition thereto, be confined in the county jail not less than three months nor more than one year.

Sec. 18. Any person, firm or corporation claiming to be damaged by any violation of this act by any public service corporation, subject to the provisions of this act, may make complaint to the commission, as provided herein, and bring suit in his own behalf for the re

covery of the damages for which such public service corporation may be liable under this act in any circuit court having jurisdiction. In any such action, the court may compel the attendance of any agent, officer, director or employe of such corporation as a witness and require also the production of all books, papers and documents which may be used as evidence, and in the trial thereof such witnesses may be compelled to testify, but any such witness shall not be prosecuted for any offense concerning which he is compelled hereunder to testify.

Sec. 19. The secretary shall keep a record of all proceedings, acts, orders and judgments of the commission, certified copies of which shall be admitted as evidence in any court of this state. The commission shall adopt a seal which shall be affixed to all official papers under such regulations as the commission may prescribe. The commission shall likewise prescribe a schedule of fees to be charged for the certification of all records and papers, and sums to be paid witnesses and other costs necessary and incident to hearings before it, and order the same paid by the unsuccessful party. All sums collected by the secretary, except witness fees, shall be paid by him into the state treasury. The witness fees shall be paid to the person to whom they are allowed. The sums to be paid into the state treasury representing the collections of any month shall be so paid on or before the tenth of the following month.

Sec. 20. Nothing in this act shall be construed to prevent any common carrier from furnishing free transportation to its officers, attorneys, agents and employes, and their families, and like free transportation to the officers, attorneys, agents and employes of other common carriers and their families, mail clerks, expressmen and sleeping car conductors and porters, and reduced rates to all persons engaged in religious, charitable and literary pursuits, and for excursions, and for children and students attending schools and colleges, and for commutation tickets; and, provided, further, that nothing in this act shall be construed to prevent telephone, telegraph, sleeping car and express companies from entering into contracts with one another, and with common carriers for the exchange of services, or from exchanging with one another and with common carriers, the privileges of passes or franks for the officers, agents, employes and their families, of such companies and common carriers.

Sec. 21. The commission may at any time require persons, firms, companies, associations, corporations or municipalities, subject to the

provisions of this act, to furnish any information, which may be in its or their possession, respecting rates, tolls, fares, or charges or practices in conducting its or their service, and to furnish the commission at all times for inspection any books or papers or reports and statements, which reports and statements shall be under oath, when required by the commission, and the form of all reports required under this act shall be prescribed by the commission (except as provided in section twelve hereof), which shall collect, receive and preserve the same, and shall annually tabulate and publish the same in statistical form, together with the acts and proceedings of the commission.

Sec. 22. All acts and parts of acts in conflict with this act are hereby repealed.

(House Bill No. 9.)

CHAPTER 10.

AN ACT to provide for the administration of a workmen's compensation fund by the public service commission and to define the powers, duties and liabilities of said commission in respect of said fund, and to provide a method of compensation for employes that may be injured, or the dependents of those killed in the course of their employment, from said fund to be raised and paid into the hands of the state treasurer as herein set forth; and to define and fix the rights of employes and employers; and to define the defenses that may be made by employers in actions for damages arising from death and personal injury; and to provide a method of raising said fund to meet the disbursements that may be ordered to be made under this act, and also to provide for the payment of a proportion of the salaries and expenses of said commission and its employes, and for appeals from the rulings of said commission; and for defining the classes of employers and employes who may bring themselves under this act; and also defining those defenses that those employers not bringing themselves under this act may make in actions for damages arising from death of, or personal injury to, their employes.

[blocks in formation]

Commission shall disburse fund, to whom. Employers who shall not elect to pay into workmen's compensation fund, or be in default in the payment shall be liable to their employes; defense of fellow servant rule, etc., shall not avail.

Shall disburse and pay from the fund for medical, nurse or hospital service not to exceed. No employe shall be entitled to receive any sum from workmen's compensation fund for injury or death self inflicted, by misconduct or intoxication; if death or injury result to employe from deliberate intention of may employer, dependent

take under this act and have cause of action.

Reasonable funeral expenses shall be paid.

No benefit allowed for one week after injury, except. of temporary disability, shall receive.

other

mem

29.

state

30.

8.

Commission shall adopt rules

to

31.

In

govern its procedure.

9.

Who

are employers within

[blocks in formation]

meaning of this act.

10. Employer shall furnish information

Employer subject to this act shall

to commission.

Refusal or failure to comply or testify; circuit judge may com.

11.

notify the commission.

12.

Shall have

power to administer

oaths, etc.

13.

pel obedience.

[blocks in formation]

and serving process

[blocks in formation]
[blocks in formation]
[blocks in formation]
[blocks in formation]

Power and jurisdiction of commission over each case.

Commission may commute periodical benefits, when.

Benefits before payment exempt from claims of creditors. Commission to hear and determine questions within its jurisdiction; claimant entitled to an appeal when proceeding to be had, costs, etc.

Commission not bound by usual common law rules, etc.

Expenditures to obtain statistical information, etc.

Annually, report shall be made under oath of at least two mem

bers to the governor, which shall include, etc.

Commission may sue in the circuit court of Kanawha county, etc. Auditor shall issue warrant for any disbursements, when.

49. Penalty for failure of person or firm to make report, or for making false report.

« AnteriorContinuar »