69-11-412. Division of joint rates among carriers. (1) Whenever the commission shall have established a joint rate for the transportation of freight carried over two or more connecting lines of railroad, railway, or common carrier, the railroads, railways, or common carriers affected by such joint rate may, by agreement, provide for the distribution thereof between themselves.

(2) In the event that the railroads, railways, or common carriers affected by such rates shall fail to agree upon the distribution of such rate for a period of 60 days after the order fixing and determining such joint rate shall have been made by the commission, then the commission shall have power and it is hereby made its duty to call a hearing, of which hearing the railroads, railways, or common carriers affected by such joint rate shall have at least 20 days' notice, and upon such hearing the commission shall proceed to fix and determine the pro rata distribution of such joint rate between the railroads, railways, or common carriers affected thereby.

(3) Any railroad, railway company, or common carrier and its officers or agents who shall refuse or fail to comply with any order or rule relative to this section made by the commission shall be subject to a fine of not less than $25 or more than $50. Each day of such refusal or failure shall be deemed a separate offense and shall be subject to the penalty herein prescribed, such fine to be recovered in a civil action upon complaint of the commission in any court of competent jurisdiction.

History: (1), (2)En. Sec. 2, Ch. 105, L. 1913; re-en. Sec. 3836, R.C.M. 1921; re-en. Sec. 3836, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; Sec. 72-158, R.C.M. 1947; (3)En. Sec. 7, Ch. 105, L. 1913; re-en. Sec. 3841, R.C.M. 1921; re-en. Sec. 3841, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; Sec. 72-163, R.C.M. 1947; R.C.M. 1947, 72-158, 72-163(part).