Chap. 254.—An ACT to create a railroad commissioner for the state of
Virginia, and to define his duties.

Approved March 31, 1877.

1. Be it enacted by the general assembly, That there shall
be a railroad commissioner for the state of Virginia, who
shall not be a stockholder in, nor the owner of any bonds of,
nor in the employment of, nor a contractor with, any railroad
company created by the laws of this or any other state. The
said commissioner shall be elected by the general assembly
for the term of two years, and shall be subject to removal for
good cause. He shall have a clerk, to be appointed by bim-
self, who shall keep a full and faithful record of the proceed-
ings of said commissioner, and serve notices, and perform
such other official duties as may be required of him by the
commissioner. Before entering upon the duties of their re-
spective officer, the said commissioner and clerk shall make
and subscribe an oath that they will faithfully perform the
said duties; and the said commissioner shall further make and
subscribe an oath, that he is not a stockholder in, nor the
owner of any bonds of, nor in the employment of, any rail-
road company created by the laws of this or any other state,
and that no such stock or bonds are held in trust for bim.
The said oaths shall be filed in the office of the board of pub-
lic works, and an entry of the taking of such oaths shall be
made on the records of the proceedings of said commissioner,
which shall be kept in his office.

2. Said commissioner sball have the general supervision of
all railroads in this state, operated by steam, and shall examine
the same, and keep himself informed as to their physical
condition, and the manner in which they are operated, with
reference to the security and accommodation of the public,
and the compliance of the several corporations with the pro-
visions of their charters, and the laws of the commonwealth ;
and the provisions of this act shall apply to all railroads and
railways, and to the corporations, trustecs, receivers, or others
owning or operating the same.

3. Whenever, in the judgment of the railroad commis-
sioner, it shall appear that any such corporation has violated
any laws, or neglected in any respect or’ particular to com-
ply with the terms of its charter, or with the provisions of
any of the laws of the commonwealth, especially in regard
to the connections with other railroads, the rates of toll and
the time schedule, he shall give notice thereof, in writing, to
such corporation; and if the violation or neglect is continued,
after such notice, the commissioner shall make report of the
facts to the board of public works, and such board shall, it
upon enquiry into such facts it deems it proper or necessary,
direct the said commissioner to make application to a circuit
court, or a judgo thereof, in vacation, for an injunction to re-
strain the company complained of from further continuing
to violate the law or the terms of its charter.

4. Whenever, in the judgment of the railroad commis-
sioner, it shall appear that repairs are necessary upon any
such railroad, or that any addition to the rolling stock, or
any enlargement of, or improvement in the stations or station-
houses, or any modification in the rates of fare for transport-
ing freight or passengers, or any change in the mode of ope-
rating the road and conducting its business, is reasonable and
expedient in order to promote the security, convenience and
accommodation of the public, he sball give information in
writing to the corporation of the improvements and changes
which he adjudges to be proper; andif the said company
shall fail, within sixty days, to adopt the requirements of
said commissioner, he shall make report thereof to the board
of public works, for such action as it may deem expedient.

5. Upon the complaint and application of the mayor and
aldermen or council of any city or town, or trustees of any
town, or the judge of the county court of any county within
which any part of any such railroad is located, it shall be the
duty of the railroad commissioner to make an cxamination
of the physical condition and operation thereof. Betore pro-
ceeding to make such examination in accordance with such
application, said commissioner shall give to the applicants
and the corporation reasonable notice in writing of the time
and place of entering upon the same. If upon such exami-
nation it shall appear to said commissioner that the complaint
alleged by the applicant is well founded, he shall so adjudge,
and shall inform the corporation operating such railroad of
his adjudication, in the same manner as is provided in section
three; and the company failing for sixty days after such
notice to remove the cause of complaint, he shall make re-
ort thereof to the board of public works for such action as
it nay deem expedient.

6. The railroad commissioner shall investigate the causes
of any accident on a railroad resulting in loss of life, and of
any accident not so resulting, which, in his judgment, shall
require investigation.

7. Every railroad corporation shall, at all times, on re-
quest, furnish the railroad commissioner any information re-
quired by him concerning the physical condition, manage-
ment, and operation of its railroad, and particularly with
copies of time, tolls, and also with the rates for transporting
freight and passengers upon its road, and other roads with
which its business is connected.

8. No request or advice of the railroad commissioner shall
have the effect to impair, in any manner or degree, the legal
duties and obligations of any railroad corporation, or its legal
liability for the consequence of its acts, or of the neglect or
mismanagement of any of its agents or servants.

9. The railroad commissioner shall make an annual report
to the legislature of his doings, including such statements,
facts, and explanations, as will disclose the actual working
of the system of railroad transportation, in its bearing upon
the business and prosperity of the commonwealth; and such
suggestions as to the general railroad policy of the common-
wealth, or as to any part thercof, or as to the condition, af-
fairs, or conduct of any of the railroad corporations, as may
seem to him appropriate, with a special report of all acci-
dents, and the causes thereof, for the preceding year.

10. The said commissioner shall require the annual returns
to be made by railroad companies in manner and form, and
at the time now provided for by law, and shall be authorized
to require returns to be made of such other matters as he
may deem expedient. When the return received from any
corporation is defective, or probably erroneous, the commis-
sioner shall notify the corporation to amend the same witbin
ifteen days. The commissioner sball prepare such tables’
nd abstracts of all the returns he shall deem expedient,
nd his annual report shall be transmitted to the governor
f the commonwealth, on or before the first Wednesday in
january in each year, to be laid before the legislature. The
riginals of the return or returns as amended, subscribed,
id sworn to by the directors of the corporations, shall be
reserved in the office of the commissioner.

11. The annual salary of the railroad commissioner shall
% three thousand do!lars, and of his clerk fifteen hundred
loliars, payable quarterly by the auditor of public accounts,
a the manner hereinafter provided. The commissioner shall
be provided with an office in the capitol, or in some other
suitable place in the city of Richmond, in which his records
shall be kept. He may employ and take with him experts,
or other agents, whose services he may deem to be tempo-
rarily of importance; and he may draw upon the auditor of
public accounts of the commonwealth for a sum, not exceed-
ing five hundred dollars annually, to be expended by him in
the payment of such experts or agents for their services, and
In procuring necessary books, maps, statistics and stationery,
and in defraying expenses incidental and necessary to the dis-
charge of the duties of his office. A statement of such ex-
penses shall accompany his annual report.

12. The annual expenses and salaries of said railroad com-
missioner and his clerk, including office rent, if any, not to
exceed four hundred dollars per annum, shall be borne by the
several corporations owning or operating railroads, according
to their gross income, to be apportioned by the auditorof pub-
licaccounts. On or before the first day of July, in each year,
he shall assess upon each of said corporations its just propor-
tion of such expenses, in proportion to its gross income re-
ceived for transportation for the year next preceding that in
which the assessments are made; and such assessments shall
be notified to the respective corporations by the said auditor
of public accounts; and if not paid to him within twenty
days after said notice, shall be recovered, on his motion, in
the circuit court of the city of Richmond, after ten days no-
lice; said motion to be in his name, for the benefit of the
railroad commissioner.

13. The railroad commissioner shall employ an expert when
necessary, to be paid out of thé fund herein provided; and
said commissioner, his clerk and expert, shall be transported
free on every railroad in this state, when travelling on official
business.

14. This act shall be in force from its passage.