provisions.

Anti-pass the carriage, free or at reduced rates, of persons or property for the United States, state or municipal governments, or for charitable purposes, or of property to or from fairs and expositions for exhibit thereat. Nothing in this act contained shall be construed to prohibit the interchange of free or reduced-rate transportation between common carriers subject to this act or to the acts of the Congress of the United States regulating interstate commerce, for their officers, agents, employees, attorneys, physicians, surgeons and members of their families; nor to prevent railroads or other transportation companies from entering into contracts with telegraph, telephone and cable companies for the exchange of services; nor to prohibit a carrier from transporting, free or at reduced rates, contractors or their employees, materials or supplies for use or engaged in the carrying out of their contracts; provided, such arrangements for free or reduced-rate carriage are made a part of the specifications upon which the contract is based or of the contract itself; nor to prohibit the carriage of passengers or property, free or at reduced rates, with the object of providing relief in cases of general epidemic, pestilence or other calamitous visitation. Nothing in this act shall be construed to prevent the issuance of mileage, excursion or commutation passenger tickets, or joint interchangeable mileage tickets with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand miles or more; provided, that the commission may put reasonable restrictions upon the issuance and terms of such mileage, excursion and commutation passenger tickets and joint interchangeable mileage tickets;

Definition, "em

Provided, that the term "employees" as used in this section ployees," shall include furloughed, pensioned and superannuated emfamilies." ployees, persons who have become disabled or infirm in the

service of any such company, ex-employees traveling for the purpose of entering the service of any such company, and the remains of persons dying while in the employment of any such company; and the term "families" as used in this section shall include the families of those persons heretofore named in this proviso, the families of persons killed, and the widows during widowhood and minor children during minority of persons who died while in the service of any such company;

Provided, that no free tickets, free passes or free or reducedrate transportation shall be issued, given or tendered to any officer, agent or employee of a railroad or other transportation company, who is at the same time a shipper or receiver of freight, or an officer, agent or employee of a shipper or receiver of freight, unless such officer, agent or employee devotes substantially his entire time to the service of such railroad or other transportation company;

Provided, further, that members of the railroad commission, their appointees and employees shall be entitled, when in the performance of their official duties, to free transportation over the lines of all railroad or other transportation companies within this state.

tation for

Nothing in this act shall be so construed as to prohibit the Transpor issuance of passenger transportation in exchange for adver- newspaper tising space in newspapers and other publications, at full space. rates, to the proprietors and employees of such newspapers and other publications.

for viola

thereof.

SEC. 38. Every railroad or other transportation company Penalties which shall issue, give or tender any free ticket or free pass or tions any free or reduced-rate transportation for freight or passengers between points within this state, except as authorized in section thirty-seven of this act, shall for each offense be guilty of a misdemeanor and upon conviction shall be punished therefor by a fine of not less than five hundred dollars nor more than one thousand dollars. Every officer, agent or employee of any railroad or other transportation company who shall issue, tender or authorize the issue or tender of any free ticket or free pass or any free or reduced-rate transportation for freight or passengers, except as permitted by section thirty-seven of this act, and every person soliciting, accepting or using any such free ticket, free pass or free or reduced-rate transportation, except as permitted by section thirty-seven of this act, shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than three months nor for more than one year, or by both such fine and imprisonment; and in so far as any of the acts prohibited in this section shall be in violation of any order, rule or regulation of the railroad commission of this state, such act shall be a contempt of the commission, and shall be punishable by the commission as elsewhere in this act provided.

SEC. 39. Every railroad or other transportation company List of subject to the provisions of this act shall upon demand of the passes. commission furnish a list of all free passes and of free or reduced rates of transportation issued by such railroad or other transportation company, including the name of the person to whom issued, and the amount, if any, paid therefor, and the places from and to which the same was issued.

SEC. 40. Any officer or agent of any railroad or other Falsificatransportation company subject to the provisions of this act, penalties who, by means of false billing, false classification, false weight, therefor. or by any other device, shall suffer or permit any person or persons to obtain transportation for property at a less, different or greater rate than the established rates then in force, or who, by means of false billing, false classification, false weighing, or by any device whatever shall charge any person, firm or corporation a less, different or greater rate for the transportation of property than the established rates, shall be guilty of a misdemeanor, and on conviction thereof, fined in a sum not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail. not less than ninety days, nor more than one year.

of offenses

Any person who shall solicit or procure any officer or agent of any railroad or other transportation company subject to the provisions of this act, either by false representations or otherwise to do any of the acts which such officer or agent is forbidden by the provisions of this section from doing shall also be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not less than one hundred dollars or more than one thousand dollars or by imprisonment in the county jail not less than ninety days or more than one year or by both such fine and imprisonment.

Schedule SEC. 41. Anything done or omitted to be done by any railincluding road or other transportation company subject to this act, penalties. Which, if done or omitted to be done by any director or

rebating;

officer thereof, or any receiver, trustee, lessee, agent or person acting for or employed by such company, would constitute a misdemeanor under this act, shall also be held to be a misdemeanor committed by such railroad or transportation company, and upon conviction thereof it shall be subject except as to imprisonment, to like penalties as are prescribed herein with reference to such persons, except as such penalties are in this section changed. The wilful failure upon the part of any railroad or other transportation company subject to this act or officer or agent thereof to file the tariffs or rates of charges as required by this act, or strictly to observe any rate, classification, rule or regulation established by the commission until changed according to law, shall be a misdemeanor and upon conviction thereof such railroad or other transportation company or such officer or agent thereof offending shall be subject to a fine of not less than five hundred dollars, nor more than two thousand dollars for each offense, and said railroad or other transportation company and any officer or agent thereof so offending shall also be punishable for contempt by said commission, as elsewhere in this act provided. And it is further provided that each day of such wilful failure upon the part of any such railroad or other transportation company or officer or agent thereof shall constitute a separate offense, and each such separate offense shall be punishable as in this section provided. It shall be unlawful for any person, persons, or corporations to offer, grant, or give or to solicit, accept or receive any rebate, concession or discrimination in respect to the transportation of any property in this state whereby any such property by any device whatever shall be transported at a less rate than that stated in the rates made and established by the commission, or whereby any other advantage is given or discrimination is practiced. Every person or corporation, whether railroad or other transportation company or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebate, concession or discrimination shall be guilty of a misdemeanor and on conviction thereof shall be punishable in like manner and to the same extent as herein prescribed for

tion.

discrimination. Every violation of this act punishable by Jurisdieany court shall be prosecuted in the court having jurisdiction of crimes within the county or city and county in which such violation was committed, or through which the transportation may have been conducted; and whenever such offense is begun in one jurisdiction and completed in another it may be dealt with, inquired into, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein; provided, however, that nothing in this act contained shall be construed to abridge or interfere with the power of the commission to hear and determine all matters concerning which it is by this act authorized to inquire, or to enforce its orders and decisions. In construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any railroad or other transportation company or shipper, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such railroad or other transportation company or shipper, as well as that of such person.

SEC. 42. All fines herein provided, other than fines and Fines. forfeitures which are to be imposed by a court, may be recovered by an action therefor, brought by the commission in its own name, and any such action may be instituted in any county or city and county in, to or through which the defendant railroad or transportation company may run or operate. This shall not, however, interfere in any respect with the power of the commission to enforce the payment of such fine or forfeiture by proceedings for contempt of the commission.

of com

damages

this act.

SEC. 43. In case any railroad or other transportation com- Liability pany subject to this act shall do, cause to be done, or permit panies for to be done any matter, act, or thing in this act prohibited or for vis declared to be unlawful, or shall omit to do any act, matter or tions of thing herein required to be done by it, such railroad or other transportation company shall be liable to the person or persons, firm or corporation injured thereby for the damages sustained in consequence of such violation; and in case such railroad or other transportation company shall be guilty of discrimination as by this act defined, then, in addition to such damages, such railroad or other transportation company shall be liable to the person, firm or corporation injured thereby in punitive damages in the sum of not less than one hundred Addidollars, nor more than five thousand dollars, to be recovered in alty for any court of competent jurisdiction in any county into or ination. through which such railroad or other transportation company may run or operate; provided, that any such recovery as herein provided shall in no manner affect a recovery by the state of a penalty provided for such violation.

tional pen

discrim

pendent

SEC. 44. This act shall not have the effect to release or Indewaive any right of action by the state or any person for any rights of right, penalty, or forfeiture which may have arisen, or may affected.

action not

Evidence of discrimination.

Definition.

Limitation.

Statute of limitation.

Appropriation.

Repeal.

hereafter arise, under any law of this state; and all penalties accruing under this act shall be cumulative of each other, and a suit for or recovery of one shall not be a bar to the recovery of any other penalty.

SEC. 45. In any action or proceeding, civil or criminal, commenced before any court of this state, or before the commission, involving any charge of discrimination, it shall not be necessary for the plaintiff or complainant in any such proceeding or action to plead or prove a like contemporaneous service, or a like contemporaneous transportation of a like quantity or class of goods, at a different rate or charge than that alleged in said complaint or proceeding to have been discriminatory. SEC. 46. The words "commission," "commissioners," and "railroad commission," as used in this act shall be construed as meaning the railroad commission of the State of California, and the word "commissioner," as used in this act, shall be construed as meaning any one of the members of the railroad commission of the State of California.

SEC. 47. This act shall be construed and held to apply only to the transportation of property and passengers within the State of California.

SEC. 48. All actions or proceedings instituted in any court or before the commission, involving a violation of any of the provisions of this act, must be commenced within three years of the date of such violation.

SEC. 49. The sum of one hundred thousand dollars is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, to be used by the commission in carrying out the provisions of this act, and the controller is hereby directed to draw his warrant on the general fund from time to time in favor of said commission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same.

SEC. 50. An act entitled "An act providing for the organization of the railroad commission of the State of California. defining its powers and duties, and the powers and duties of transportation companies, their officers and employees, and defining offenses of transportation companies, their officers, employees and other persons, and providing penalties therefor, and repealing an act entitled 'An act to create the office of commissioner of transportation, and to define its powers and duties, to fix the maximum charges for transporting passengers and freight on certain railroads, and to prevent extortion and unjust discrimination therein,' approved April 1, 1878, and also repealing an act entitled 'An act to organize and define the powers of the board of railroad commissioners,' approved April 15, 1880," approved March 20, 1909, and also "An act requiring persons, corporations, receivers or trustees operating lines of railway to furnish cars for shipment of freight upon written application from shippers of freight and providing a penalty and damages to be paid by such persons, corporations,