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John Van Der Zee Sears - "My Friends at Brook Farm"

Unknown - "The Bible, King James version, Book 15: Ezra"

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Civil Government of Virginia

W >> William F. Fox >> Civil Government of Virginia




(c) In all matters pertaining to the public visitation, regulation
or control of corporations, and within the jurisdiction of the
commission, it shall have the powers and authority of a court of
record, to administer oaths, to compel the attendance of witnesses
and the production of papers, to punish for contempt any person
guilty of disrespectful or disorderly conduct in the presence of
the commission while in session, and to enforce compliance with
any of its lawful orders or requirements by adjudging and
enforcing by its own appropriate process, against the delinquent
or offending company (after it shall have been first duly cited,
proceeded against by due process of law before the commission
sitting as a court, and afforded opportunity to introduce evidence
and to be heard, as well against the validity, justness or
reasonableness of the order or requirement alleged to have been
violated, as against the liability of the company for the alleged
violation), such fines or other penalties as may be prescribed or
authorized by this Constitution or by law. The commission may be
vested with such additional powers, and charged with such other
duties (not inconsistent with this Constitution) as may be
prescribed by law, in connection with the visitation, regulation
or control of corporations, or with the prescribing and enforcing
of rates and charges to be observed in the conduct of any business
where the State has the right to prescribe the rates and charges
in connection therewith, or with the assessment of the property of
corporations or the appraisement of their franchises, for
taxation, or with the investigation of the subject of taxation
generally. Any corporation failing or refusing to obey any valid
order or requirement of the commission, within such reasonable
time, not less than ten days, as shall be fixed in the order, may
be fined by the commission (proceeding by due process of law as
aforesaid) such sum, not exceeding five hundred dollars, as the
commission may deem proper, or such sum in excess of five hundred
dollars, as may be prescribed, or authorized, by law; and each
day's continuance of such failure or refusal, after due service
upon such corporation of the older or requirement of the
commission, shall be a separate offence provided that should the
operation of such order or requirement be suspended pending an
appeal therefrom, the period of such suspension shall not be
computed against the company in the matter of its liability to
fines or penalties

(d) From any action of the commission prescribing rates, charges
or classifications of traffic, or affecting the train schedule of
any transportation company, or requiring additional facilities,
conveniences or public service of any transportation or
transmission company, or refusing to approve a suspending bond, or
requiring additional security thereon or an increase thereof, as
provided for in sub-section e of this section, an appeal (subject
to such reasonable limitations as to time, regulations as to
procedure and provisions as to costs, as may be prescribed by law)
may be taken by the corporation whose rates, charges or
classifications of traffic, schedule, facilities, conveniences or
service, are affected, or by any person deeming himself aggrieved
by such action, or (if allowed by law) by the Commonwealth. Until
otherwise provided by law, such appeal shall be taken in the
manner in which appeals may be taken to the Supreme Court of
Appeals from the inferior courts, except that such an appeal shall
be of right, and the Supreme Court of Appeals may provide by rule
for proceedings in the matter of appeals in any particular in
which the existing rules of law are inapplicable. If such appeal
be taken by the corporation whose rates, charges or
classifications of traffic, schedules, facilities, conveniences or
service are affected, the Commonwealth shall be made the appellee,
but, in the other cases mentioned the corporation so affected
shall be made the appellee. The General Assembly may also, by
general laws, provide for appeals from any other action of the
commission, by the Commonwealth or by any person interested,
irrespective of the amount involved. All appeals from the
commission shall be to the Supreme Court of Appeals only, aid in
all appeals to which the Commonwealth is a party, it shall be
represented by the Attorney General or his legally appointed
representative. No court of this Commonwealth (except the Supreme
Court of Appeals, by way of appeals as herein authorized) shall
have jurisdiction to review, reverse, correct or annul any action
of the commission, within the scope of its authority, or to
suspend or delay the execution or operation thereof, or to enjoin,
restrain or interfere with the commission in the performance of
its official duties, provided, however, that the writs of mandamus
and prohibition shall lie from the Supreme Court of Appeals to the
commission in all cases where such writs, respectively, would lie
to any inferior tribunal or officer.

(e) Upon the granting of an appeal, a writ of supersedeas may be
awarded by the appellate court, suspending the operation of the
action appealed from until the final disposition of the appeal,
but, prior to the final reversal thereof by the appellate court,
no action of the commission prescribing or affecting the rates,
charges or classifications of traffic of any transportation or
transmission company shall be delayed, or suspended, in its
operation, by reason of any appeal by such corporation, or by
reason of any proceedings resulting from such appeal, until a
suspending bond shall first have been executed and filed with, and
approved by, the commission (or approved on review by the Supreme
Court of Appeals), payable to the Commonwealth, and sufficient in
amount and security to insure the prompt refunding, by the
appealing corporation to the parties entitled thereto of all
charges which such company may collect or receive, pending the
appeal, in excess of those fixed, or authorized, by the final
decision of the court on appeal. The commission, upon the
execution of such bond, shall forthwith require the appealing
company, under penalty of the immediate enforcement (pending the
appeal and notwithstanding any supersedeas), of the order or
requirement appealed from, to keep such accounts, and to make to
the commission, from time to time, such reports, verified by oath,
as may, in the judgment of the commission, suffice to show the
amounts being charged or received by the company pending the
appeal, in excess of the charge allowed by the action of the
commission appealed from, together with the names and addresses of
the persons to whom such overcharges will be refundable in case
the charges made by the company pending the appeal, be not
sustained on such appeal, and the commission shall also, from time
to time, require such company, under like penalty, to give
additional security on, or to increase, the said suspending bond,
whenever, in the opinion of the commission, the same may be
necessary to insure the prompt refunding of the overcharges
aforesaid. Upon the final decision of such appeal, all amounts
which the appealing company may have collected, pending the
appeal, in excess of that authorized by such final decision, shall
be promptly refunded by the company to the parties entitled
thereto, in such manner, and through such methods of distribution,
as may be prescribed by the commission, or by law. All such
appeals affecting rates, charges or classifications of traffic,
shall have precedence upon the docket of the appellate court, and
shall be heard and disposed of promptly by the court, irrespective
of its place of session, next after the habeas corpus, and
Commonwealth's cases already on the docket of the court.

(a) In no case of appeal from the commission shall any new or
additional evidence be introduced in the appellate court, but the
chairman of the commission, under the seal of the commission,
shall certify to the appellate court all the facts upon which the
action appealed from was based and which may be essential for the
proper decision of the appeal, together with such of the evidence
introduced before, or considered by, the commission as may be
selected, specified and required to be certified, by any party in
interest, as well as such other evidence, so introduced or
considered, as the commission may deem proper to certify. The
commission shall, whenever an appeal is taken therefrom, file with
the record of the case, and as a part thereof, a written statement
of the reasons upon which the action appealed from was based, and
such statement shall be lead and considered by the appellate
court, upon disposing of the appeal. The appellate court shall
have jurisdiction, on such appeal, to consider and determine the
reasonableness and justness of the action of the commission
appealed from, as well as any other matter arising under such
appeal provided, however, that the action of the commission
appealed from shall be regarded as prima facie just, reasonable
and correct, but the court may, when it deems necessary, in the
interest of justice, demand to the commission any case pending on
appeal, and require the same to be further investigated by the
commission, and reported upon to the court (together with a
certificate of such additional evidence as may be tendered before
the commission by any party in interest), before the appeal is
finally decided.

(b) Whenever the court, upon appeal, shall reverse an order of the
commission affecting the rates, charges or the classification of
traffic of any transportation or transmission company, it shall,
at the same time, substitute therefor such order as in its
opinion, the commission should have made at the time of entering
the order appealed from, otherwise the reversal order shall not be
valid. Such substituted order shall have the same force and effect
(and none other) as if it had been entered by the commission at
the time the original order appealed from was entered. The right
of the commission to prescribe and enforce rates, charges,
classifications, rules and regulations, affecting any or all
actions of the commission theretofore entered by it and appealed
from, but based upon circumstances or conditions different from
those existing at the time the order appealed from was made, shall
not be suspended or impaired by reason of the pendency of such
appeal; but no order of the commission, prescribing or altering
such rates, charges, classifications, rules or regulations, shall
be retroactive.

(h) The right of any person to institute and prosecute in the
ordinary courts of justice, any action, suit or motion against any
transportation or transmission company, for any claim or cause of
action against such company, shall not be extinguished or
impaired, by reason of any fine or other penalty which the
commission may impose, or be authorized to impose, upon such
company because of its breach of any public duty, or because of
its failure to comply with any order or requirement of the
commission; but, in no such proceeding by any person against such
corporation, nor in any collateral proceeding, shall the
reasonableness, justness or validity of any rate, charge,
classification or traffic, rule, regulation or requirement,
theretofore prescribed by the commission, within the scope of its
authority, and then in force, be questioned: provided, however,
that no ease based upon or involving any order of the commission
shall be heard, or disposed of, against the objection of either
party, so long as such order is suspended in its operation by an
order of the Supreme Court of Appeals as authorized by this
Constitution or by any law passed in pursuance thereof.

(i) The commission shall make annual reports to the Governor of
its proceedings, in which reports it shall recommend, from time to
time, such new or additional legislation in reference to its
powers or duties, or to the creation, supervision, regulation or
control of corporations, or to the subject of taxation, as it may
deem wise or expedient, or as may be required by law.

(k) Upon the organization of the State Corporation Commission, the
Board of Public Works and the office of Railroad Commissioner,
shall cease to exist; and all books, papers and documents
pertaining thereto, shall be transferred to, and become a part of
the records of, the office of the State Corporation Commission.

(l) After the first day of January, nineteen hundred and five, in
addition to the modes of amendment provided for in Article fifteen
of this Constitution, the General Assembly, upon the
recommendation of the State Corporation Commission, may, by law,
from time to time, amend sub-sections a to i, inclusive, of this
section, or any of them, or any such amendment thereof: provided,
that no amendment made under authority of this sub-section shall
contravene the provisions of any part of this Constitution other
than the sub-sections last above referred to or any such amendment
thereof.

SEC. 157. Provision shall be made by general laws for the payment
of a fee to the Commonwealth by every domestic corporation, upon
the granting, amendment or extension of its charter, and by every
foreign corporation upon obtaining a license to do business in
this State as specified in this section; and also for the payment,
by every domestic corporation, and foreign corporation doing
business in this State, of an annual registration fee of not less
than five dollars nor more than twenty-five dollars, which shall
be irrespective of any specific license, or other, tax imposed by
law upon such company for the privilege of carrying on its
business in this State, or upon its franchise or property; and for
the making, by every such corporation (at the time of paying such
annual registration fee), of such report to the State Corporation
Commission, of the status, business or condition of such
corporation, as the General Assembly may prescribe. No foreign
corporation shall have authority to do business in this State,
until it shall have first obtained from the commission a license
to do business in this State, upon such terms and conditions as
may be prescribed by law. The failure by any corporation for two
successive years to pay its annual registration fee, or to make
its said annual reports, shall, when such failure shall have
continued for ninety days after the expiration of such two years,
operate as a revocation and annulment of the charter of such
corporation if it be a domestic company, or, of its license to do
business in this State if it be a foreign company; and the General
Assembly shall provide additional and suitable penalties for the
failure of any corporation to comply promptly with the
requirements of this section, or of any laws passed in pursuance
thereof. The commission shall compel all corporations to comply
promptly with such requirements, by enforcing, in the manner
hereinbefore authorized, such fines and penalties against the
delinquent company as may be provided for, or authorized by, this
article; but the General Assembly may relieve from the payment of
the said registration fee any purely charitable institution or
institutions.

SEC. 158. Every corporation heretofore chartered in this State,
which shall hereafter accept, or effect, any amendment or
extension of its charter, shall be conclusively presumed to have
thereby surrendered every exemption from taxation, and every non-
repealable feature of its charter and of the amendments thereof,
and also all exclusive rights or privileges theretofore granted to
it by the General Assembly and not enjoyed by other corporations
of a similar general character; and to have thereby agreed to
thereafter hold its charter and franchises, and all amendments
thereof, under the provisions and subject to all the requirements,
terms and conditions of this Constitution and of any laws passed
in pursuance thereof, so far as the same may be applicable to such
corporation.

SEC. 159. The exercise of the right of eminent domain shall never
be abridged, nor so construed as to prevent the General Assembly
from taking the property and franchises of corporations and
subjecting them to public use, the same as the property of
individuals; and the exercise of the police power of the State
shall never be abridged, nor so construed as to permit
corporations to conduct their business in such manner as to
infringe the equal rights of individuals or the general well-being
of the State.

SEC. 160. No transportation or transmission company shall charge
or receive any greater compensation, in the aggregate, for
transporting the same class of passengers or property, or for
transmitting the same class of messages, over a shorter than over
a longer distance, along the same line and in the same direction--
the shorter being included in the longer distance, but this
section shall not be construed as authoring any such company to
charge or reserve as great compensation for a shorter as for a
longer distance the State Corporation Commission may, from time to
time, authorize any such company to disregard the foregoing
provisions of this section, by charging such rates as the
commission may prescribe as just and equitable between such
company and the public, to or from any junctional or competitive
points or localities, or where the competition of points located
without this State may make necessary the prescribing of special
rates for the protection of the commerce of this State, but this
section shall not apply to mileage tickets, or to any special
excursion, or commutation, rates, or to special rates for services
rendered to the government of this State, or of the United States,
or in the interest of some public object, when such tickets or
rates shall have been prescribed or authorized by the commission

SEC. 161. No transportation or transmission company doing business
in this State shall grant to any member of the General Assembly,
or to any state, county, district or municipal officer, except to
members and officers of the State Corporation Commission for then
personal use while in office, any frank, free pass, free
transportation or any rebate or reduction in the rates charged by
such company to the general public for like services. For
violation of the provisions of this section the offending company
shall be liable to such penalties as may be prescribed by law, and
any member of the General Assembly, or any such officer, who
shall, while in office, accept any gift, privilege or benefit as
is prohibited by this section, shall thereby forfeit his office,
and be subject to such further penalties as may be prescribed by
law, but this section shall not prevent a street railway company
from transporting free of charge any member of the police force or
fire department while in the discharge of his official duties, nor
prohibit the acceptance by any such policeman or fireman of such
free transportation.

SEC 102. The doctrine of fellow servant, so far as it affects the
liability of the master for injuries to his servant resulting from
the acts or omissions of any other servant or servants of the
common master, is, to the extent hereinafter stated, abolished as
to every employee of a railroad company, engaged in the physical
construction, repair or maintenance of its roadway, track or any
of the structures connected therewith, or in any work in or upon a
car or engine standing upon a track, or in the physical operation
of a train, car, engine, or switch, or in any service requiring
his presence upon a train, car or engine, and every such employee
shall have the same right to recovery for every injury suffered by
him from the acts or omissions of any other employee or employees
of the common master, that a servant would have (at the time when
this Constitution goes into effect), if such acts or omissions
were those of the master himself in the performance of a non-
assignable duty provided, that the injury, so suffered by such
railroad employee, result from the negligence of an officer, or
agent, of the company of a higher grade of service than himself,
or from that of a person, employed by the company, having the
right, or charged with the duty, to control or direct the general
services or the immediate work of the party injured, or the
general services or the immediate work of the co employee through,
or by whose act or omission he is injured, or that it result from
the negligence of a co employee engaged in another department of
labor, or engaged upon, or in charge of, any car upon which, or
upon the train of which it is a part, the injured employee is not
at the time of receiving the injury, or who is in charge of any
switch, signal point, or locomotive engine, or is charged with
dispatching trains or transmitting telegraphic or telephonic
orders therefore, and whether such negligence be in the
performance of an assignable or non assignable duty. The physical
construction, repair or maintenance of the roadway, track or any
of the structures connected therewith, and the physical
construction, repair, maintenance, cleaning or operation of
trains, cars or engines, shall be regarded as different
departments of labor within the meaning of this section.
Knowledge, by any such railroad employee injured, of the defective
or unsafe character or condition of any machinery, ways,
appliances or structures, shall be no defence to an action for
injury caused thereby. When death, whether instantaneous or not,
results to such an employee from any injury for which he could
have recovered, under the above provisions, had death not
occurred, then his legal or personal representative, surviving
consort, and relatives (and any trustee, curator committee or
guardian of such consort or relatives) shall, respectively, have
the same rights and remedies with respect thereto as if his death
had been caused by the negligence of a co employee while in the
performance, as vice-principal, of a non assignable duty of the
master. Every contract or agreement, express or implied, made by
an employee, to waive the benefit of this section, shall be null
and void This section shall not be construed to deprive any
employee, or his legal or personal representative, surviving
consort or relatives (or any trustee, curator, committee or
guardian of such consort or relatives), of an\ rights or remedies
that he or they may have by the law of the land, at the time this
Constitution goes into effect Nothing contained in this section
shall restrict the power of the General Assembly to further
enlarge, for the above named class of employees, the rights and
remedies hereinbefore provided for, or to extend such rights and
remedies to, or otherwise enlarge the present rights and remedies
of, any other class of employees of railroads or of employees of
any person, firm or corporation

SEC 163 No foreign corporation shall be authored to carry on, m
this State, the business, or to exercise any of the powers or
functions, of a public service corporation, or be permitted to do
anything which domestic corporations are prohibited from doing or
be relieved from compliance with any of the requirements made of
similar domestic corporations by the Constitution and laws of this
State, where the same can be made applicable to such foreign
corporation without discriminating against it But this section
shall not affect any public service corporation whose line or
route extends across the boundary of this Commonwealth, nor
prevent any foreign corporation from continuing in such lawful
business as it may be actually engaged in within this State, when
this Constitution goes into effect; but any such foreign public
service corporation, so engaged, shall not, without first becoming
incorporated under the laws of this State, be authorized to
acquire, lease, use or operate, within this State, any public or
municipal franchise or franchises in addition to such as it may
own, lease, use or operate when this Constitution goes into
effect. The property, within this State, of foreign corporations
shall always be subject to attachment, the same as that of non-
resident individuals; and nothing in this section shall restrict
the power of the General Assembly to discriminate against foreign
corporations whenever, and in whatsoever respect, it may deem wise
or expedient.

SEC. 164. The right of the Commonwealth, through such
instrumentalities as it may select, to prescribe and define the
public duties of all common carriers and public service
corporations, to regulate and control them in the performance of
their public duties, and to fix and limit their charges therefor,
shall never be surrendered nor abridged.

SEC. 165. The General Assembly shall enact laws preventing all
trusts, combinations and monopolies, inimical to the public
welfare.

SEC. 166. The exclusive right to build or operate railroads
parallel to its own, or any other, line of railroad, shall not be
granted to any company; but every railroad company shall have the
right, subject to such reasonable regulations as may be prescribed
by law, to parallel, intersect, connect with or cross, with its
roadway, any other railroad or railroads; but no railroad company
shall build or operate any line of railroad not specified in its
charter, or in some amendment thereof. All railroad companies,
whose lines of railroad connect, shall receive and transport each
other's passengers, freight, loaded or empty cars, without delay
or discrimination. Nothing in this section shall deprive the
General Assembly of the right to prevent by statute, repealable at
pleasure, any railroad from being built parallel to the present
line of the Richmond, Fredericksburg and Potomac railroad.

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