tinuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.117 § 401. 117 Construction-Act of Omission of Officer, etc.-In construing and enforcing the provisions of this act relating to penalties, the act, omission or failure of any officer, agent or employee of any public utility, acting within the scope of his official duties. or employment, shall in every case be and be deemed to be the act, omission or failure of such public utility.118 § 402. Penalties for Violation by Officers, etc.— Misdemeanor.-Every officer, agent or employee of any public utility, who violates or fails to comply with, or who procures, aids or abets any violation by any or burdensome for willful violation of the provision of the act; and there is no intendment in the statute to prevent the railroad companies concerned from ample recourse to any court having jurisdiction to grant relief, nor are the penalties so enormous as to deter the company from seeking relief from any court otherwise than in the manner provided in section 33 of that act as amended in 1909 (Laws 1909, c. 103, p. 163); the penalties are not of such a nature as to practically deprive the railroad aggrieved of the equal protection of the laws. Oregon R. & Nav. Co. v. Campbell, 173 Fed. 990. Penalties imposed by section 53 of the Oregon Railroad Commission Act are not so exorbitant or burdensome as to prevent railroad companies concerned from having ample recourse to any court possessing jurisdiction for relief against an order of the Commission. Oregon R. & Nav. Co. v. Campbell, 173 Fed. 990. An order of the Commission requiring the revision of the schedule of local rates within the states being made, the railroad is chargeable with but one penalty under section 53 of the Oregon Railroad Commission Act (Laws 1907, c. 53, p. 95) for a violation of the act in failing to obey the order, and not an accumulation of penalties for a repetition of offenses from day to day, for each particular shipment transported. The section, being penal, must receive a strict construction and no accumulation of offenses can be carved out of it, unless they are created by the strict letter of the statute. Oregon R. & Nav. Co. v. Campbell, 173 Fed. 989. 117 Section 76 (b), p. 61. 118 Section 76 (c), p. 61. public utility of any provision of the constitution of this state or of this act, or who fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the Commission, or who procures, aids or abets any public utility in its failure to obey, observe and comply with any such order, decision, rule, direction, demand or requirement, or any part or provision thereof in a case in which a penalty has not hereinbefore been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.119 § 403. Penalties for Violations by Corporations Other Than Public Utilities.-Every corporation, other than a public utility, which violates any provision of this act, or which fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement, or any part or provision thereof, of the Commission, in a case in which a penalty has not hereinbefore been provided for such corporation, is subject to a penalty of not less than five hundred dollars nor more than two thousand dollars for each and every offense.120 § 404. Penalties for Violations by Persons Other Than Officers, etc.-Every person who, either individually, or acting as an officer, agent or employee of a corporation other than a public utility, violates any provision of this act, or fails to observe, obey or comply with any order, decision, rule, direction, demand or requirement, or any part or portion thereof, of the Commission, or who procures, aids or abets any such 119 Section 77, p. 61. 120 Section 78, p. 61. public utility in its violation of this act, or in its failure to obey, observe or comply with any such order, decision, rule, direction, demand or requirement, or any part or portion thereof, in a case in which a penalty has not herein before been provided for such person, is guilty of a misdemeanor, and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.11 § 405. Suit to Recover Penalties-Jurisdiction.Actions to recover penalties under this act shall be brought in the name of the people of the state of California, in the superior court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides.122 § 406. Brought and Prosecuted by Whom.Such action shall be commenced and prosecuted to final judgment by the attorney of the Commission.123 § 407. What may be Recovered-Procedure and Evidence.-In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided.124 § 408. Disposition of Penalties and Costs Recovered. All fines and penalties recovered by the state in any such action, together with the costs thereof, 121 Section 79, p. 62. 122 Section 80, p. 62. 123 Ib. 124 Ib. shall be paid into the state treasury to the credit of the general fund." § 409. 125 Compromise or Discontinuance of Action. Any such action may be compromised or discontinued on application of the Commission upon such terms as the court shall approve and order. 126 § 410. Contempt Proceedings-Punishment.-Every public utility, corporation or person which shall fail to observe, obey or comply with any order, decision, rule, regulation, direction, demand or requirement, or any part or portion thereof, of the Commission or any commissioner shall be in contempt of the Commission, and shall be punishable by the Commission for contempt in the same manner and to the same extent as contempt is punished by courts of record.127 § 411. Remedy Cumulative and not a Bar to Other Remedies Prescribed. The remedy prescribed in this section shall not be a bar to or affect any other remedy prescribed in this act, but shall be cumulative and in addition to such other remedy or remedies.12 125 Ib. 126 Ib. 127 Section 81, p. 62. 128 Ib. CHAPTER X. CONSTRUCTION-SAVING CLAUSE-APPROPRIATION- RE PEAL. § 412. Effect of Act on Existing Powers of Any City, etc.-Vote to be Taken. § 413. § 414. § 415. § 416. § 417. § 418. Election to Continue Power-Subsequent Surrender of Powers, How. Effect of Act on Pending Actions and Proceedings. Ratification of Act and Proceedings of Commission. Orders, Decisions, etc., of Commission-Continued in Force. § 419. Constitutionality-Provision as to. Declaration of Intent of Legislature. Interstate Commerce. § 420. § 421. § 412. Effect of Act on Existing Powers of Any City, etc.-Vote to be Taken.-This act shall not affect such powers of control over any public utility vested in any city and county or incorporated city or town as, at an election to be held pursuant to laws to be hereafter passed by the legislature, a majority of the qualified electors voting thereon of such city and county, or incorporated city or town, shall vote to retain, and until such election such powers shall continue unimpaired in such city and county or incorporated city or town; but if the vote so taken shall not favor the continuation of such powers, they shall thereafter vest in the Commission.1 & 413. Election to Continue Power-Subsequent Surrender of Powers, How.-Provided, that 1 Extraordinary Session 1911, c. 14, § 82, p. 62. Subsequent legislation is to be considered as an aid to the interpretation of prior legislation upon the same subject. Tiger v. Western Investment Co., 221 U. S. 286, 31 Sup. Ct. 578, 55 L. ed. 738. |