Exception. 1895, being Chapter 120 of the Acts of the Regular Session of 1895, entitled, "An Act to provide more just and equitable laws for the assessment and collection of revenue for State, county and municipal purposes, and to repeal all laws in conflict with the provisions of this Act, whereby revenue is collected from the assessment of real estate, personal property, privileges and polls," be and is hereby so amended that hereafter no back tax attorney appointed by virtue of said Act shall have authority to collect any taxes assessed or hereafter assessed for any year later than the year 1895 except municipal taxes already in the hands of back tax attorneys for collection. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring Taxes dne un CHAPTER 9. [HOUSE BILL NO. 224.] AN ACT to amend Chapter 68 of the Acts of the Thirty-seventh General Assembly, passed December 9, 1871, entitled “An act to provide for the collection of all taxes that are à lien upon real estate sold under a decree of any court in this State." Section 1. Be it enacted by the General Assembly of der reference. the State of Tennessee, That in ascertaining the taxes due under a reference as required by said Act, the clerk or clerk and master shall issue to each of the officials charged with the collection of any taxes that might or could be a lien on said property, a statement giving the style and number of the cause, a description of the property sold and the name of the party or parties out of whom the title is or is to be divested; whereupon cach of said officials shall certify to said clerk or clerk and master an itemized statement of the taxes, interest, penalties and cost that are at that date a lien upon said land in his hands for collection, from which statement the clerk or clerk and master shall report to the court the amount of taxes, interest, penalties and cost that is a lien on said land. Sec. 2. Be it further enacted, That the only fees for Feemaking a tax report under the provisions of this Act shall be $1.50 to the clerk or clerk and master for issuing said statement, filing the certificate of said officials, making the clerk's or clerk and master's report and filing the same. Sec. 3. Be it further enacted, That this Act take effect. from and after its passage, the public welfare requiring it. Passed February, 11, 1897. MORGAN C. FITZPATRICK, AN ACT to create a Railroad Commission in this State and define its duties and powers; to prohibit extortion, unjust discrimination and undue or unreasonable preferences by railroad companies and other persons operating railroads in this State, in their charges for the transportation of freight and passengers; to secure just and reasonable rates and charges for all such services; and to impose penalties and to provide adequate civil remedies for, and punish violations of, this Act, and to secure the due execution and enforcement of its provisions and all lawful orders, rules and regulations of the said Railroad Commission. Section 1. Be it enacted by the General Assembly of Commission the State of Tennessee, That a commission is hereby created. created, consisting of three members, one from each Grand Division of the State, to be known as the "Railroad Commission of the State of Tennessee." Said Railroad Commissioners shall be State officers, and shall be appointed, first by the Governor and confirmed by the Senate immediately after the passage of this Act. They shall serve for two years, the term to be reckoned from January 1, 1897. But the compensation of the Commissioners shall be computed from the date they enter upon the discharge Nov. 1898. of their official duties as Commissioners. At the regn- First election, lar election in November, 1898, they shall be elected by fice. the qualified voters of the State, and the one receiving Terms of of the highest number of votes cast, shall serve six years, and the next highest four years, and the next highest two years; the term of office to begin on the first day of January following the election in November. And there shall be biennially after the election in November, 1898, one member elected to serve six years. If for any reason there should be a vacancy on the Board of Commissioners, the Governor is hereby authorized to fill such vacancy by appointment until the next regular election, when such vacancy shall be filled for the unexpired term. Governor to fill vacancies. To have office Sec. 2. Be it further enacted, That the Railroad Comin the capitol. mission shall be furnished a permanent office in the State Capitol, with all necessary furniture, stationery and supplies, to be paid for by the State on an itemized statement sworn to by the Chairman of the Commission; Proviso. Quorum and Provided, That all plans shall be made out by the Secretary of State, Treasurer and Governor, who shall approve all bills for this purpose before they are paid. The Commission shall be furnished with the furniture and equipments of the late Board of Equalization. A majority of said Commissioners shall constitute a organization. quorum for the transaction of business. Immediately after the appointment of the Commissioners by the Governor and confirmed by the Senate, they shall meet in Nashville and organize by the election of one of their members Chairman of the Commission. On the first Monday in January, 1899, and biennially thereafter, they shall meet in their office at Nashville and re-organize. After the Commission is organized, they shall appoint a Secretary. Salaries. Expenses. Sec. 3. Be it further enacted, That the salary of each Commissioner shall be two thousand dollars ($2,000) per annum, unless restrained by law from the performance of their duties as required by this Act, payable quarterly out of the State Treasury, on the warrant of the Comptroller, and the salary of the Secretary shall be fifteen hundred ($1,500) dollars per annum, payable in the same manner as the salaries of the Commissioners; Provided, That an amount not to exceed three thousand ($3,000) dollars shall be allowed for the Board's traveling expenses; and an amount not to exceed one thousand ($1,000) dollars shall be allowed for the traveling expenses of the Secretary. No member of this General Assembly shall be eligible to election on the Commission to be elected by this General Assembly or to the position of Secretary to be chosen by the first Commission. Sec. 4. Be it further enacted, That the Commissioners Qualifications. shall be resident citizens of this State and qualified voters under the Constitution and laws, and shall be not less than twenty-five years of age. office or engage in business. No Commissioner shall hold any other public office, shall not hold under either the Government of the United States or the Government of this or any other State, nor shall any Commissioner, while acting as such Commissioner, engage in any business or occupation inconsistent with his duties as Commissioner. No person, who owns jointly or severally, any bonds, Restrictions. stocks or other property in any Railroad or Transportation Company, or who is an agent or employee in any way of any Railroad or Transportation Company, or who has any interest personally in any way or manner in any Railroad or Transportation Company, shall be eligible to serve as a member of the Railroad Com mission. Each of said Commissoiners shall enter into a bond Bond. with two or more solvent securities, to be approved by the Governor, in the sum of $20,000, payable to the State of Tennessee, conditioned upon the faithful performance of his duty. Before entering upon the discharge of the duties of Oath of office. his office, each of said Commissioners shall make, subscribe to and file in the office of the Secretary of State, the following oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Tennessee, and that I will faithfully discharge the duties of Railroad Commissioner according to the best of my ability; that I am not the owner of any stock or bonds of any Railroad or Transportation Company, or in any way, directly or indirectly, in the employment, or engaged in the management of any Railroad or Transportation Company." favors or Sec. 5. Be it further enacted, That the Commission- Not to accept ers, nor any one of them, shall directly or indirectly, gratuities accept any gift, gratuity, emolument or employment from any person or corporation owning or operating a Railroad, or from any officer, attorney, agent or employee of any Railroad Company; nor shall they or any one of them, directly or indirectly, solicit or request from, or recommend to any Railroad Company, or to any officer, attorney, agent or employee thereof, the appointment of any person to any place or position during their or his continuance in office. It shall be unlawful for any Railroad Company or any officer, attorney, agent or employee thereof to give or offer to give, to the Commissioners any gift, gratuity, emolument, employment, place or appointment, for themselves or other persons; but said Commissioners shall be entitled to a pass or ticket over any and all lines of Railroads owned or operated by any corporation or company in Tennessee while such Commissioners are engaged in the disPass tickets. charge of their duties. And it shall be the duty of such Railroad Company to furnish the Commissioners with such pass or ticket when demanded. Penalties Secretary. Minutes and documents. A violation of any of the provisions of this Section shall subject the persons or corporation so violating, to a fine of not less than one thousand dollars, and not more than five thousand, to be recovered by indictment as other penalties for violation of law are recovered. Any Commissioner convicted of a violation of any provision of this Section shall, in addition to the above penalty, be immediately dismissed from said office by the judgment of the court trying the cause. Sec. 6. Be it further enacted, That it shall be the duty of the Secretary to keep a full and correct record of all the proceedings and transactions of said Commission and perform such other duties as the Commission may require. The minutes shall be signed by each member of the Commission or by those present when any business is transacted. The minutes and all official documents of every kind shall be kept on file in the office of the Commissioners. A copy of any of their proceedings, or of any document on file in their office, when duly certified by the ChairTo be taken as man and Secretary of the Commission, shall be taken as evidence in the courts of this State. For a copy of any record on file in their office, they shall charge and receive the same fees that are charged by the Secretary of State for similar services and shall cover into the State Treasury any amount so received. evidence. Meetings. To fix freight and passenger rates. Sec. 7. Be it further enacted, That the Commissioners shall meet in their office at the Capitol as often as businesss may require, and shall remain in session until all business before them is disposed of, and shall hold other sessions at such times and places as may be necessary for the proper discharge of their duties, or as the convenience of the parties, in the judgment of the Commission, may require. Sec. 8. Be it further enacted, That authority is hereby vested in the Railroad Commission of Tennesseee, and it is hereby made its duty, to supervise and fix the |