The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-18

act Of Congress granting tho Same or renewing or
sS..lnang any sran, thereof heretofore made Sand
pointed BY said Board. who shall keep q
faithful record Of is procsedinsa IL shall have an
where It's records shall be kept. Said Comm ssioners
and clerk shall be sworn 20 tho due and faithful
charge OF their duties beore entering upon same
No one OF them shall De IN the employ OF any ono
OF tho corporations Aforesaid, nor own any OF
else any oice or employment inconsistent with full
and partial discharge Of their duties under this act
Said Board may act notwithstanding a vacancy, and
the action OF the majority OF the Comm shall
be the action OF tina Board. 80 r7lkM .E&K3
sEc alt shall oe the duty OF said commission
from time 10 time and as ofcn need be- to exam
Inc tho several roads OF said corporations and their
books and papers and 10 inform them
selves OF The condition OF said roads and
Of their rolling stock, stations and station
houses, and OF the manner in which they ar1
operated and OF the rates and charges Tor which thew
transport freight and passengers, and OF their
tions and relations with other and With otner
roads that they may know whether said corporations
respectively furnish 10 the pubic and each other
sale and convenient accommodations at reasonable
and proper rates and perform ana discharge their
duties 10 tho government the public and each other
and fully perform and accomplish the purposes for
which they were established. in accordance with the
various acts Of Congress under which they arc organ
lied and the laws OF the land.
SKc 4.-Aftsr consultation with the officers Of tho
corporations Interested said Commissioners shall pro-
coed to establish rules and regulations to govern the
operation and management OF the roads OF said
poratons, shai supervise observance thereof
so as 10 AFFORD and secure 10 tho and tho
public all the advantages OF intcr-communica tion
travel and transportation over SAID stipulated
and defined In the entitled, An act 10 aid no
construction OF railroad telegraph line IRON the
Missouri River TO the Pacific Ocean, and to
the governnent the use o. the same for mails mill
tary and other purposes approved July /, 1852 and
OF all acts ainenuatory thereof and suppeme entail
thereto as well as 70 secure and enforce the reciprocal
rights and dotcs OF said corpora which rules
regulations shall govern said corporations In the
operation anu management OF their respective roads,
until the same shall 30 revised altered annulcd By
said Commr sloners, by decree OF the Circuit or
Supreme Court OF the United States, ~ hereinafter
provided. SAID missloncrs shall cause copies Of
such rules regulations certified by their clerk
to be served On oil OF said corporations affected
thereby.
SEc 5--whon any controversy shall arise between
any OF said corporations as 10 their mutual rights and
dutics or any corporation or individual shall have
cause OF complaint against either oil said corporations
the aggrieveu corporation vdual may tila with
said Commissioners petition In writing stating tho
matter oi com plant, whoreupon said ssi0ners
after notice, shall hear the parties and their
nesses determine the difference between them, and
shall make their award or decision In writing stating
tho grounds thereof and snail cause q COPY of said
award decision, certified by their clerk, TO BIO
served on each Of the parties.
SIC. CIV honever u shall appear TO said Commits
soners that any OF said corporations has 10
provide Tor inc public safe and suitable accom- oda
examinations, has Jailed TO perform any OF It's duties
10 tho governments or 10 any OF said corporations,
10 the public, or to comply IN any respect par
cular with tho OF Congress or the laws OF The
land, whenever IN thoiT judgment any repairs
necessary upon tho road 9, any OF SAID Corporations
TO or change OF It's stations or station houses,
any change Ia It's rites of fares tor
transporting freight and passengers, or any change
in iis mode OF operating It's ROAD conducting It's
business Is reasonable or expcdent in order TO pro-
the security. convenience aud acoommo dation OF
the public and The purposes Tor which II estab-
lshed, said Commissioners shall make such rules
and regulations. not inconsistent with the pro-
visions Of The act oil Congress aforesaid, TO them
may seem proper aud necessary. aud shall notify
SAID corporation by serving upon II copy Of the
same, certified BY their clerE. Said Com mssioners
shall make rules, regulations orders which, IN
their Judgment will impair the ability Of any Of said
become due usdsr any existing law or
any which may DO hereafter enacted by Con-
gross inc , service provided IN this and the
any director OF the corporation by any
olcsr auhorxed to serve legal process OF Inc cours
OF the United States or Of the State where the
isymade. Said Commissioners may issue subponas
the attendance the production OF
books aud papers II any hearing examination under
this and may administer oaShs ssary
In the same
SEc LII any one OF said corporations shall
neglect refuse 10 perform or comply with any de-
cison, ruo, roguiatOu, direction or order OF said
commissioners made and served as aforesaid, any
party aggrievcc, or the satd Com missoners, may file
bill in equity In tpo Circuit Court OF the United
states ior sne circuit which the road
corporation may situated setting forth the matter
complaint, together with the decision, rule, drec
oa OF & o. sss nsS s 20 DC
and duties OF the pNssca aud enforcing said decson
rule, regaasiou r 40. or order, and also such IN
and thcrcupon II shall DO the duty OF the Judge OF
the Court In which SAID bin is Med to
direct the ISSUE OF such restraining or mandatory In
Junction will compel tho immediate performance
OF the decision, rule regulation, direction order
Of said Commissioners. Provided, however. he is
isaed that a proper case therefore is made by the
complainant TOR such Injunction and that the
does not order final and permanent action in the mat
ter OF repairs, additions anu changes Tho defendant
hail answer such bill aud the proofs Of tho
parties shall be taken within Time pre-
scribcd by said judge, which shall DO rs
bricf In his judgment may DO consistent
with the rights OF the parties aud the proper prepara
may be made anywhere in the United States. such
shall have precedence OF all other business iE
any court In which IL may be pending, and may be
heard by Judge In court or ut chambers upon thirty
day. notice. TO be given by either party 10 tho other
The orders, DEGREES or judgments Of SAID judge or
Court shall not be superseded by any BONDS other
securities, but shall remain In iul force until vacated
modified or reversed by the Judge or Court making
the same or by the United states supreme curt
sEc. S-SaId railroad corporations shall nj all
times, on demand furnish said Comm any
Information required by them concerning the con-
dition, management and operation oil their roads, and
shall allow them access 10 their books and shall on
demand, furnish them copies OF all leases, contracts
PARTIES and also Inc rates Tor transporting iroighs
anu passengers on their roads aud on tho roads with
which their roads respectively have connection In
business.
SIC. 9.-Said corporations shall make a report 20
send Commissioners ~ sucn time ana Ia such manner
they shall direct ana said Conf shall In
the month Of January each year. make = report 10
Congress OF iher dongs for tho preceding year, In
cuuing all decisions rules, regulations directions and
orders made by them Aforesaid, and Containing
such facts, statements and explanations VIII
disclose the actual working and condition Of the roads
under tner SUPERVISOR and their influence, ana
Ing upon the business aud prosperity OF tho country
and such suggestions 10 sad roads and tho corpora
lions owning them aud their elect and policy aud the
policy TO be pursued toward Thorn TO said Commits
sioncrs may DO appropriate.
$50 lO.-Said Commissioners shall receive q salary
Of $40 600 per annum each, 10 DO paid them In equal
quarterly instruments from the Treasury Of the
United states out Of any money rot otherwise appre
pIated they aud their clerks shall DO allowed 10
irec all roads under their supervision Tnoir
clerks snail he paid s., 500 per annam, payable
above. They shall also 10 allowed tae expenses
OF their Offices and Tor books, maps, stationery and
expenses incidsntA TO the discharge OF their
daiies A detailed statement OF all their expenses
shall given In their annual report 10 Congress. All
these salaries anu expenses shall DO borne ny the
several corporations under their supervision
may DO In proportion TO their gross receipts
said Commissioners shall Determine the amount
70 be paid by eacn corporation, and report
the same annually In the month OF January
TO tho Secretary OF tho Treasury of United states
who shall give notice TO said corporations OF the
amounts " be pasd by them respectively. Said cor
porations shall sevcraly, within thrty days alter
sucn notification INTO the Treasury Of the United
States Tho amounts thus apportioued each, the