A PROPOSITION

No. 113.

Introduced by Mr. F. A. Jones of Maricopa County.

A Proposition Relative to Railroads and Common Carriers.

IT IS HEREBY PROPOSED:

Section 1. A Railroad Commission is hereby created to be composed of three persons who shall be elected by the people, at a general election for State officers, and their teams of office shall be six years; provided. Railroad Commissioners first elected shall hold office as follows:

The one receiving the highest number of votes shall serve six years, and the one receiving the second highest number of votes shall serve four years, and the one receiving the third highest number of votes shall serve two years. And one Railroad Commissioner shall be elected every two years thereafter. In case of vacancy in said office, the Governor of the State shall fill such vacancy by appointment until the next general election. The qualification of such Commissioner may be prescribed by law.

Section 2. The Railroad Commission is empowered and authorized, and it is hereby made its duty to prescribe reasonable maximum rates, charges and classification for the transportation of persons and property, and the transmission of messages and electricity within this State, and adopt and enforce reasonable rules, regulations and order for the safety, convenience and comfort of the employees and patrons of such corporations.

Section 3. Any railroad, corporation, or association organized under the law for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other states. Every railroad company shall have the right, with its road, to intersect, connect with or cross any railroad, and shall receive and transport each other’s passengers, tonnage and cars, loaded or empty, without delay or discrimination, under such regulations as may be prescribed by law, or any commission created by this Constitution for that purpose.

Section 4. Railways heretofore constructed, or that may hereafter be constructed, in this State are hereby declared public highways, and all railroad, sleeping car, express, refrigerator carline, electric transmission, telegraph, telephone and transportation companies of persons, electricity, messages and property, are declared to be common carriers and subject to control by law.

Section 5. The rolling stock and other movable property belonging to any railroad or transportation company, or corporation in this State shall be considered personal property, and shall be liable to taxation and to execution and sale in the same manner as the personal property of individuals, and such property shall not be exempted from execution and sale.

Section 6. All charges made for any service rendered or to be rendered by common carriers within this State shall be just and reasonable, and no discrimination in the charges, or facilities shall be made between persons or places for rendering a like and contemporaneous service.

Section 7. Common carriers shall make such reports under oath, and provide such information concerning their acts and operations as may be required by law, or a railroad commission, and when the value of franchises and property of common carriers so reported exceeds the value reported by such common carriers to the State Board of Equalization the value reported for purposes of taxation shall be used as the value in determining and fixing the rates and charges to be made and collected for services of such common carriers.

Section 8. Nothing herein shall be construed as denying to common carriers the right of appeal to the Courts of the State from the rates and charges fixed by law or a railroad commission, but the rates so fixed shall remain in force pending the decision of the Courts.

Section 9. The franchise, roadway, roadbed, rails and rolling stock of all railroad, and the franchises and all other property of express companies, refrigerator car line companies, car equipment companies, sleeping car companies, dining car companies, telegraph, telephone, and electric transmission companies or corporations operated in this State and used directly or indirectly in carrying passengers, property, messages and electricity shall be assessed by the State Board of Equalization at their actual value, and such assessed value shall be apportioned as to the counties, cities, towns, villages and districts in which such companies or corporations are located or through which they are operated, as a basis for the taxation of such property, in proportion to the number of miles of such property, within such counties, cities, towns, villages, and districts, or over which any part of such property is used or operated within such counties, cities, towns, villages and districts; PROVIDED that in case the State Board of Equalization is unable to determine the actual value of the property of such companies or corporation, the paid-in capitalization and interest-bearing securities shall be deemed the actual value.

Section 10. No railroad, transportation or transmission corporation in existence at the time of the adoption of this Constitution shall have the benefit of any future legislation except on condition of complete acceptance of all provisions of this Constitution applicable to common carriers.

Section 11. The Legislative Assembly shall at its first session pass laws enforcing by suitable penalties the provisions of this article.

• Proposition Number 113 - Railroad and Common Carriers (introduced on 1910-10-27 09:00:00 - CREATE - e935684) [This document] [view current proposal at this moment]
  • None (introduced on 1910-10-27 09:00:00 - REPORT_PROPOSAL - e935686) [view current proposal at this moment]