USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 68
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96
of distribution as may be prescribed by the com- mission, or by law. All such appeals, affecting rates, charges, or classifications of traffic, shall have precedence upon the docket of the supreme court, and shall be heard and disposed of promptly by the court, irrespective of its place of session, next after the habeas corpus and state cases al- ready on the docket of the court.
SEC. 22. In no case of appeal from the com- mission, shall any new or additional evidence be introduced in the supreme court; but the chairman of the commission, under the seal of the commis- sion, shall certify to the Supreme 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 re- quired 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 ap- peal is taken therefrom, file with the record of the case, and as a part thereof, a written state- ment of the reasons upon which the action appealed from was based, and such statement shall be read and considered by the supreme court, upon dis- posing of the appeal. The supreme 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 com- mission 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, remand to the commission any case pend- ing 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.
SEC. 23. Whenever the court, upon appeal, shall reverse an order of the commission affecting the rates, charges, or the classifications of traffic of any transportation or transmission company, it shall, at the same time, substitute therefor such orders as, in its opinion, the commission should have made at the time of entering the order ap pealed 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 en- force rates, charges, classifications, rules and regulations affecting any or all actions of the commission theretofore entered by it and appealed
Digitized by Google
.
437
HISTORY OF THE STATE OF OKLAHOMA
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, prescrib- ing or altering such rates, charges, classifications, rules, or regulations, shall be retroactive.
SEC. 24. The right of any person to institute and prosecute in the ordinary courts of justice, any action, suit or motion against any transporta- tion 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 of traffic, rule, regula- tion, or requirement, theretofore prescribed by the commission, within the scope of its authority, and then in force, be questioned: Provided, how. ever, That no case based upon or involving any order of the commission shall be heard or dis- posed of against the objection of either party, so long as such order is suspended in its opera- tion by an order of the Supreme Court as au- thorized by this constitution or by any law passed in pursuance thereof.
Szc. 25. The commission shall make annual re- ports 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 the creation, super- vision, 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.
SEC. 26. It shall be the duty of each and every railway company, subject to the provisions herein, to provide and maintain adequate, comfortable, and clean depots, and depot buildings, at its several stations, for the accommodation of pas- sengers, and said depot buildings shall be kept well lighted and warmed for the comfort and accommodation of the traveling public; and all such roads shall keep and maintain adequate and suitable freight depots and buildings for the re- ceiving, handling, storing, and delivering of all freight handled by such roads.
SEC. 27. In case any railroad company shall hereafter seek to cross at grade with its track or tracks, the track or tracks of another railroad, the railroad seeking to cross at grade, within a reason- able time, shall be compelled to interlock or pro- tect such crossings by safety devices, to be desig- nated by the commission, and all costs of ap-
pliance, together with the expenses of putting them in, shall be borne equally by each company. Provided, That this act shall not apply to cross- ings of sidetracks.
SEC. 28. The commissioners, or either of them, or such persons as they may employ therefor, shall have the right, at such time as they may deem necessary, to inspect the books and papers of any railroad company or other public service corpora- tion, and to examine, under oath, any officer, agent, or employee of such corporations in rela- tion to the business and affairs of the same. If any railroad company or other public service cor- poration shall refuse to permit the commissioners, or either of them, or any person authorized thereto, to examine its books and papers, such railroad company or other public service corpora- tion shall, until otherwise provided by law, for each offense, pay to the state of Oklahoma not less than one hundred and twenty-five dollars, nor more than five hundred dollars, for each day it shall so fail or refuse, and the officer or other person so refusing shall be punished as the law shall prescribe.
Szc. 29. The commission shall ascertain and enter of record, the same to be a public record, as early as practicable, the amount of money ex- pended in construction and equipment per mile of every railroad and other public service corpora- tion in Oklahoma, the amount of money expended to procure the right of way, and the amount of money it would require to reconstruct the roadbed, track, depots, and transportation facilities, and to replace all the physical properties belonging to the railroad or other public service corporation. It shall also ascertain the outstanding bonds, de- bentures, and indebtedness, and the amount, re- spectively, thereof, when issued, and rate of in- terest, when due, for what purposes issued, how used, to whom issued, to whom sold, and the price in cash, property, or labor, if any, received there- for, what became of the proceeds, by whom the indebtedness is held, the amount purporting to be due thereon, the floating indebtedness of the company, to whom due, and his address, the credits due on it, the property on hand belonging to the railroad company or other. public service corpora- tion, and the judicial or other sales of said road, its property or franchises, and the amounts pur- porting to have been paid and in what manner paid therefor. The commission shall also ascer- tain the amounts paid for salaries to the officers of the railroad, or other public service corporation, and the wages paid its employees. For the pur- pose in this section named, the commission may employ experts to assist them when needed, and from time to time, as the information required by this section is obtained, it shall communicate the same to the attorney general by report, and
Digitized by Google
.
.
438
HISTORY OF THE STATE OF OKLAHOMA
file a duplicate thereof with the state examiner and inspector for public use, and said information shall be printed, from time to time, in the annual report of the commission.
Szo. 30. No transportation or transmission com- pany shall charge or receive any greater compen- sation, in the aggregate, for transporting the same class of passengers or property, or for transmit- ting the same class of messages, over a shorter than 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 authorizing any such company to charge or receive as great compensation for a shorter as for a longer distance. The commis- sion may, from time to time, authorize any such company to disregard the foregoing provisions of this section, by charging such rates as the com- mission may prescribe as just and equitable be- tween 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 service rendered to this state, or to 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. 31. No railroad, oil pipe line, telephone, telegraph, express or car corporation organized under the laws of any other state, or of the United States, and doing business, or proposing to do business in this state, shall be entitled to the benefit of the right of eminent domain in this state until it shall have become a body corporate pursuant to or in accordance with the laws of this state.
SEC. 32. The said commission shall have the power, and it is hereby made its duty, to investi- gate all through freight or passenger rates on railroads in this state, and when the same are, in the opinion of the commission, excessive or levied or laid in violation of the interstate com- merce law, or the rules and regulations of the interstate commerce commission, the proper off- cials of the railroads are to be notified of the facts and requested to reduce them or make the proper corrections, as the case may be. When the rates are not changed, or the proper correc- tions are not made according to the request of the commission it shall be the duty of the latter to notify the interstate commerce commission and to make proper application to it for relief, and the attorney general or such other person as may be designated by law shall represent the commis- sion in all such matters.
SEC. 33. Any person, firm or corporation owar- ing or operating any coal, lead, iron, or zine mine, or any saw mill, grain elevator, or other industry, whenever the commission shall reasonably determine that the amount of business is sufficient to justify the same, near or within a reasonable distance of any track, may, at the expense of such person, firms, or corporation build and keep in repair a switch leading from such railroad to such mine, saw mill, elevator, or other industry; such railroad company shall be required to fur- nish the switch stand and frog and other necessary material for making connection with such side- track or spur under such reasonable terms, condi- tions and regulations as the said commission may prescribe, and shall make connection therewith. The party owning such line, saw mill, elevator or other industry shall pay the actual cost thereof. If any railroad company, after proper demand therefor is made, shall refuse to furnish such ma- terial for making such connections and put the same in place, or after the building of such switch, shall fail or refuse to operate the same, such railroad company failing and refusing for a reasonable time, shall forfeit and pay to the party or corporation aggrieved, the sum of five hundred dollars for each and every offense, to be recovered by civil action in any court of com- petent jurisdiction; and every day of such re- fusal on the part of the railroad company to operate such switch as aforesaid, after such de- mand is made, shall be deemed a separate offense.
SEC. 34. As used in this article, the term "trans- portation company" shall include any company, corporation, trustee, receiver, or any other per- son owning, leasing, or operating for hire, a railroad, street railway, canal, steam boat line, and also any freight car company, car associa- tion, express company, sleeping car company, car corporation, or company, trustee or person in any way engaged in such business as a common carrier over a route acquired in whole or in part under the right of eminent domain, or any grant from the government of the United States; the term "rate" shall be construed to mean rate of charge for any service rendered, or to be ren- dered; the terms "rate," "charge," and "regula- tion," shall include joint rates, joint charges and joint regulations, respectively; the term "transmission company" shall include any com- pany, receiver or other person, owning, leas- ing, or operating for hire any telegraph or telephone line; the term "freight" shall be con- strued to mean any property transported or re- ceived for transportation, by any transportation company, the term "public service corporation" shall include all transportation and transmission companies, all gas, electric light, heat and power companies, and all persons authorized to exercise
Digitized by Google
..
HISTORY OF THE STATE OF OKLAHOMA 439
the right of eminent domain or to use or occupy any right of way, street, alley, or public high- way, whether along, over, or under the same, in a manner not permitted to the general public; the term "person" as used in this article, shall in- clude individuals, partnerships and corporations, in the singular as well as plural number; the term "bond". shall mean all certificates or written evi- dences of indebtedness issued by any corporation and secured by mortgage or trust deed. The term "frank" shall mean any writing or token issued by or under authority of a transmission company, entitling the holder to any service from such company free of charge.
The provisions of this article shall always be so restricted in their application as not to conflict with any of the provisions of the constitution of the United States, and as if the necessary limitations upon their interpretation had been herein expressed in each case.
SEC. 35. After the second Monday in January, nineteen hundred and nine, the legislature may, by law, from time to time alter, amend, revise, or repeal sections from eighteen to thirty-four, in- clusive, of this article, or any of them, or any amendments thereof: Provided, That no amend- ment made under authority of this section shall contravene the provisions of any part of this constitution other than the said sections last above referred to or any such amendments thereof.
SEC. 36. The common law doctrine of the fel- low servant, so far as it affects the liability of the master for injuries to his servant, resulting from the acts or omission of any other servant or servants of the common master, is abrogated as to every employe of every railroad company, or interurban railway company and every street rail- way and of every person, firm or corporation en- gaged in mining in this state; and every such employe shall have the same right to recover for every injury suffered by him for the acts or omis- sions of any other employe or employes of the common master that a servant would have if such acts or omissions were those of the master him- self in the performance of a non-assignable duty; and when death, whether instantaneous or not, results to such employe from any injury for which he could have recovered under the above provi- sions, had not death occurred, then his legal or personal representative, surviving consort or rela- tive, or any trustee, curator, committee or guardian of such consort or relatives, shall have the same rights and remedies with respect thereto as if death had been caused by the negligence of the master. And every railroad company, street rail- way company and interurban railway company and every person, firm or corporation engaged in un- derground mining in this state shall be liable
under the above provisions, for the acts of its trus- tees or receivers.
Nothing contained in this section shall restrict the power of the legislature to extend to the em- ployes of any person, the above provisions, for the acts of his or its trustees or receivers.
SEC. 37. No person, company or corporation, re- ceiver or other agency, operating a railroad, other than street railroad or electric railroad, in whole or in part, within this state, shall demand or re- ceive for first class transportation for each pas- senger, between points within this state on the portion of its road operated within this state, more than two cents per mile, until otherwise pro- vided by law; provided, however, the corporation commission shall have the power to exempt any railroad from the operation of this section upon satisfactory proof that it cannot earn a just com- pensation for the services rendered by it to the public, if not permitted to charge more than two cents per mile for the transportation of passen- gers within this state.
Szo. 38. No private corporation shall be cre- ated nor foreign corporation licensed to conduct business in this state except by general law.
SEC. 39. No corporation shall issue stock except for money, labor done, or property actually re- ceived to the amount of the par value thereof, and all fictitious increase of stock or indebtedness shall be void, and the legislature shall prescribe the nec- essary regulations to prevent the issue of ficti- tious stock or indebtedness. The stock and bonded indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting to be held after thirty days' notice given in pursuance of law.
SEC. 40. No corporation organized or doing busi- ness in this state shall be permitted to influence elections or official duty by contributions of money or any thing of value.
SEc. 41. No corporation chartered or licensed to do business in this state shall own, hold, or control, in any manner whatever, the stock of any competitive corporations engaged in the same kind of business in or out of the state, except such stock as may be pledged in good faith to secure bona fide indebtedness acquired upon foreclosure, execution sale or otherwise for the satisfaction of debt. In all cases where any corporation ac- quires stock in any other corporation, as herein provided, it' shall be required to dispose of the same within twelve months from the date of ac- quisition; and during the period of its ownership of such stock it shall have no right to participate in the control of such corporation, except when permitted by order of the corporation commis-
Digitized by Google
--
440
HISTORY OF THE STATE OF OKLAHOMA
sion. No trust company, or bank or banking com- pany shall own, hold or control, in any manner whatever, the stock of any other trust company, or bank or banking company, except such stock as may be pledged in good faith to secure bona fide indebtedness, acquired upon foreclosure, exe- cution sale, or otherwise for the satisfaction of debt; and such stock shall be disposed of in the time and manner hereinbefore provided.
SEC. 42. Every license issued or charter granted to a mining or public service corporation, foreign or domestic, shall contain a stipulation that such corporation will submit any difference. it may have with employes in reference to labor, to arbi- tration, as shall be provided by law.
Szo. 43. No corporation, foreign or domestic, shall be permitted to do business in this State without first filing in the office of the corporation commission a list of its stockholders, officers and directors, with the residence and postoffice ad- dress of, and the amount of stock held by each. And every foreign corporation shall, before being licensed to do business in the State, designate an agent residing in the state; and service of summons or legal notice may be had on such desig- mated agent and such other agents as now are or may hereafter be provided for by law. Suit may be maintained against a foreign corporation in the county where an agent of such corporation may be found, or in the county of the residence of plaintiff, or in the county where the cause of action may arise.
SEC. 44. No foreign corporation shall be author- ized to carry on in this State any business which a domestic corporation is prohibited from doing or be relieved from compliance with any of the requirements made of a similar domestic corpora- tion by the Constitution or laws of the State. Nothing in this article, however, shall restrict or limit the power of the Legislature to impose conditions under which foreign corporations may be licensed to do business in this State.
SEC. 45. Until otherwise provided by law, no person, firm, association, or corporation engaged in the production, manufacture, distribution or sale of any commodity of general use, shall, for the purpose of creating a monopoly or destroying competition in trade, discriminate between differ- ent persons, associations, or corporations, or dif- ferent sections, communities, or cities of the State, by selling such commodity at a lower rate in one section, community, or city than in another, after making due allowance for the difference, if any, in the grade, quantity, or quality, and in the actual cost of transportation from the point of production or manufacture.
Src. 46. All existing charters or grants of spe- cial or exclusive privileges under which a bona fide organization shall not have taken place and
business commenced in good faith at the time this Constitution becomes effective, shall there after have no validity.
SEO. 47. The Legislature shall have power to alter, amend, annul, revoke, or repeal any charter of incorporation or franchise now existing and subject to be altered, amended, annulled, revoked, or repealed at the time of the adoption of this constitution, or any that may be hereafter created, whenever in its opinion it may be injurious to the citizens of this State, in such manner, however, that no injustice shall be done to the incorpo- rators.
Sro. 48. The Legislature shall provide such pen- alties and regulations as may be necessary for the proper enforcement of the provisions of this article.
ARTICLE X. Revenue and Taxation.
SECTION 1. The fiscal year shall commence on the first day of July in each year, unless other- wise provided by law.
Szo. 2. The Legislature shall provide by law for an annual tax sufficient, with other resources, to defray the estimated ordinary expenses of the State for each fiscal year.
Szo. 3. Whenever the expenses of any fiscal year shall exceed the income, the legislature may provide for levying a tax for the ensuing fiscal year, which, with other resources, shall be sufficient to pay the deficiency, as well as the estimated ordinary expenses of the State for the ensuing year.
SEC. 4. For the purpose of paying the State debt, if any, the Legislature shall provide for levying a tax, annually, sufficient to pay the an. nual interest and principal of such debt within twenty-five years from the final passage of the law creating the debt.
Szo. 5. The power of taxation shall never be surrendered, suspended, or contracted away. Taxes shall be uniform upon the same class of subjects.
SEC. 6. All property used for free public libraries, free museums, public cemeteries, prop- erty used exclusively for schools, colleges, and all property used exclusively for religious and char- itable purposes, and all property of the United States, and of this State, and of counties and of municipalities of this State; household goods of the heads of families, tools, implements, and live stock employed in the support of the family, not exceeding one hundred dollars in value, and all growing crops, shall be exempt from taxation: Provided, That all property not herein specified now exempt from taxation under the laws of the Territory of Oklahoma, shall be exempt from tax- ation until otherwise provided by law: And pro- vided further, That there shall be exempt from
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.