Page images


Must secure certificate.


Sec. 6. (a) No auto transportation company shall hereafter operate for the transportation of persons or property for hire as a common carrier on any public highway without first having obtained from the commission under the provisions of this act a certificate declaring that the public convenience and necessity requires such operation.

Application for certificate to be in writing-certain information to be given.

(b) The auto transportation company making application for such certificate, shall do so in writing, which petition shall be verified by the applicant and shall specify the following matters:

1. The name and address of the applicant and the names and addresses of its officers, if any.

2. The public highway or highways over which, and the fixed termini between which, or the route or routes over which it intends to operate.

3. The kind of transportation, whether passenger or freight, or both, together with a full and complete description of the character of the vehicle or vehicles to be used, including the seating capacity of any vehicle to be used for passenger traffic and the weight of the vehicle to be used in freight traffic.

4. The proposed time schedule.

5. A schedule of the tariff or rates desired to be charged for the transportation of freight or passengers.

6. A complete and detailed description of the property proposed to be devoted to the public service.

Hearing provided for.

7. A detailed statement showing the assets and liabilities of such applicant.


And such other or additional information as the commission may by order require.

Sec. 7. Upon the filing of such petition the commission shall fix a time and place for hearing thereon which shall not be less than 20 days after such filing.

Certificate issued-when.

Sec. 8. If the commission shall find from the evidence that the public convenience and necessity require the service proposed or any part thereof as the commission shall determine, a certificate therefor shall be issued. In determining whether or not a certificate should be issued, the commision may give reasonable considera

[blocks in formation]

tion to the interests of the public that might be affected thereby and shall give reasonable consideration to the transportation service being already furnished, and shall give due consideration to the likelihood of the proposed service being permanent and continuous throughout 12 months of the year and the effect which such proposed transportation service may have upon other forms of transportation service which are essential and indispensable to the communities to be affected by such proposed transportation service, and to traffic already existing upon the route proposed to be traveled and the effect that such proposed service may have upon the existing travel upon said route and the excess cost of maintaining such highway on account of the installation of such additional service, if any. The commission may issue the certificate as prayed for, or issue it for the partial exercise only of the privilege sought; and may attach to the exercise of the rights granted by such certificate, such terms and conditions, as, in its judgment, the public convenience and necessity may require.

Certificate may be transferred.

Sec. 9. Any right, privilege or certificate held, owned, or obtained by any auto transportation company may be sold, assigned, leased, or transferred as other property only by the authorization of the commission.

Companies now operating may continue-until when.

Sec. 10. Any auto transportation company operating in good faith on the first day of March, 1926, over the route for which such certificate shall be sought, if it shall within 30 days after the taking effect of this act make application to the commission for a certificate as herein provided for, may continue in operation until the final determination of its application and petition therefor by the commission.

Bond and liability insurance required.

Sec. 11. Before a certificate shall be issued to any transportation company, it shall file with the commission a bond in a penal sum of $500.00, payable to the state of Mississippi, conditioned that such transportation company shall pay any and all penalties assessed under the provisions of this act, and for the faithful compliance with all lawful decisions, orders, rules, regulations, demands and requirements of the commission made, rendered, issued or promulgated under the provisions of this act. In addition to said bond, such company shall also secure and file with the commission public liability or indemnity insurance in a sum not less than $5000.00 satisfactory to the commission and in such an amount as it shall prescribe, covering injuries and damages accruing to persons or property, arising out of its operations as such transportation company. Such insurance shall be subject to cancellation for non-pay



ment of premiums or withdrawal from service of a vehicle or vehicles covered thereby upon fifteen (15) days written notice to the insured and to the commission. Such insurance or bond may be, from time to time, reduced or increased by the commission. Under existing conditions the commission may, if so desired by the company, accept in lieu of said bond or said insurance, such other form of security as may be satisfactory to the commission. Appeals provided for.

Sec. 12. In all respects in which the commission has power and authority under this act, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, opinions and orders and decisions made and filed and appeals taken by any aggrieved party from any order so made to any court of competent jurisdiction.

Violation of rules-penalty for.

Sec. 13. Any auto transportation company or any officer, agent or employee of any auto transportation company failing to comply with any order, decision, rule or regulation, direction, demand or requirement, or any part of provisions thereof, of the commission, or any provisions of this act may be subject to a penalty of not more than $50.00 for each and every day of such failure to comply with such order, decision, rule or regulation, direction, demand or requirement, or any part or provision thereof, of the commission, or any provisions of this act to be recovered in a civil action brought by the attorney general.

Not to apply to interstate commerce.

Sec. 14. Neither this act nor any provision thereof shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of this Union except in so far as the same may be permitted under the provisions of the constitution of the United States and the acts of congress.

Fee to be paid on filing of application.

Sec. 15. Upon the filing of an application for a certificate, the applicant shall deposit with the commission to be paid into the state treasury of the state of Mississippi as a fee for the issuance thereof, the sum of not more than $50.00 in the discretion of the commission, and for the transfer of such certificate the sum of not more than $25.00 and for the issuance of a duplicate certificate the sum of $3.

Unconstitutionality of one part not to affect other parts.

Sec. 16. If any clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or

[blocks in formation]

invalidate the remainder of the act, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment has been rendered.

Where petition denied not to be refiled within one month.

Sec. 17. Where a petition for a certificate of public convenience and necessity has been in whole or in part denied, a new application therefor shall not be again considered by the commission within one month from the date of the order of the commission filed therein, unless it shall be made to appear to the commission that there has been a material change in the transportation needs of the community proposed to be affected.

Not to affect city or town ordinances.

Sec. 18. No provision in this act shall authorize the use by any transportation company of any public highway in any municipality in violation of any charter provision or ordinance of such city; nor shall this act be construed as in any manner taking from or curtailing the right of any city, town or village to regulate and control the routing, parking, speed, or the safety of operation of a motor vehicle operated by any transportation company under the terms of this act, or the general police power of any such city, town or village over its highways; nor shall this act be construed as abrogating any provision of the charter of any such municipality requiring certain conditions to be complied with before such transportation company can use the highways of such city, town or village and such rights and powers herein stated are hereby expressly reserved and granted to such city.

Sec. 19. This act shall take effect and be in force from and after its passage.

Approved March 18, 1926.



AN ACT to provide for the assessment of non-resident persons, firms, partnerships, companies, associations, or corporations engaged in the business of operating, furnishing or leasing cars for the transportation of freight, or to be used in the operation of any railway line or lines, wholly or partially within this state, and providing penalties for the violation of this act.

Assessment of nonresident transportation companies, etc.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That it shall be the duty of the members of the state tax commission, constituting the state assessors of railroads and other public service corporations, to annually assess for taxation the property of the persons, firms, partnerships, companies,



associations, or corporations as defined in section 2 of this act, engaged in the business of operating, furnishing or leasing cars of the transportation of freight, or to be used in the operation of any railway line, or lines wholly or partially within this state. Word "company" defined.

Sec. 2. That the word "company" as used in this chapter shall be deemed and construed to mean any person, firm, partnership, company, association, or corporation engaged in operating, furnishing, or leasing cars, as defined and described in the two following sections, whether formed or organized under the laws of this state, or any other state or territory, or foreign country. To apply to all railroad cars.

Sec. 3. Every company engaged in the business of operating cars, not otherwise listed for taxation or taxed in Mississippi, for the transportation of freight, whether such freight be owned by such company, or any other person or company, over any railway line or lines, in whole or in part within this state, such line or lines, not being owned, leased, or operated by such company, whether such cars be termed box, flat, coal, ore, tank, stock, gondola, furniture or refrigerator cars, or by some other name, shall be deemed to be a freight line company. Equipment company defined.

Sec. 4. Every company engaged in the business of furnishing or leasing cars of whatsoever kind or description, to be used in the operation of any railway line or lines, wholly or partially within this state, such line or lines not being owned, leased or operated by such company, and such cars not being otherwise listed for taxation in Mississippi shall be deemed to be an equipment company.

Companies to make report to state tax commission-information to be given.

Sec. 5. Every company as defined in section 2 of this act doing business or owning cars which are operated in this state, shall, annually, on or before the first day of April, in each year, make out and deliver to the state tax commission a statement, verified by oath of an officer or agent of such company, making such statement, showing as of the first day of February, of the year in which the statement is rendered, the following:

1. The name of the company.

2. The nature of the company, whether a person, firm, partnership, company, association or corporation, and under the laws of what state organized.

3. The location of its principal office, or place of business. 4. The name and post office address of its president, secretary, treasurer, auditor, other principal officers.

« PreviousContinue »