Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1879-03-18
THE RAILROAD ACT.

The following is the majority report of the
Joint committee to confer with the B. & o.
R. R. authorities, which was adopted by the
West Virginia Legislature before adjourn
ment:
WHEREAS, on the one hand serious cons
plants have been made against the d. & o.
Il. r. Go. ON account of its discriminating
freight charges, and, On the other hand the
business aud interests of shippers over the
said railroad who have had the benefit of
special rates of freight charges, have been,
or are about to be disastrously affected by
the withdrawal of such special rates and,
WHEREAS, it is claimed by the said com.
pany that it is advised that special rates are
not warranted by strict and technical con-
struction of its charter, aud that the recent
withdrawal of such rates becomes a necessity
under the joint resolution now pending
before the Legislature, looking to the vaca.
ton of it's charter by quo ,garranto proceed
ings or otherwise ; and,
WHEREAS, it is a matter of primary i'm
portance to protect the rights and interests
of all classes Of, shippers over the said rail-
road as far as the same may be done at
present.:
Therefore be 1t Resoloed by tile Legislature
of West Virginia:
l. That special rates of freight hereafter
granted by the b. &, o. r. r. Co., during
the time that this resolution shall be in force
shall not be deemed or held violation of the
charter of said company, provided that when
such special rates have been granted to any
shipper or shippers of freight at any point or
station on its railroad; upon any article tho
same special rates shall be granted to any
other shipper by the carload of the same or
similar articles from the same point or sta
ton, or from any other point or station hav-
ing tho same rates of charge or the regular
tariff list of the company unless such other
station be competing one; and provided
further, that when such special rates are
granted to any shipper, the local agent of
the company at tho point or station from or
to which article may be shipped, and the
local agents at all other stations that may be
affected thereby, according to the foregoing
principle, shall be promptly notified of such
special rates, and instructed to give other
shippers by tho car load, the benefit of
the same on the same, or similar articles.
All persons shipping to the extent Of one
full car load at ono time, from the same sta
ton, shall have the benefit of the special
rates aforesaid, when granted to any other
person, aud any attempt to evade the fore
going provisions, by rebates, drawbacks, or
otherwise, shall be void. But this shall not
prevent the company from changing such
rates from time to time, provided the rates
are made upon the principles herein stated
but there shall be no increase in such rates
during the time such rates are contracted
for.
9 II shall be the duty of the said railroad
company to report to the Board of Public
w
granted under the provision of the foregoing
section, specifying the time when granted,
the rate and the article articles and it
shall be the duty of said Board to investi.
gate all charges or complaints of violations
of the provisions of said section, and to COR
rect any abuses that may be necessary aud
proper to enforce compliance with such
provisions.
8. Nothing in this resolution shall, except
as herein otherwise provided, be construed
to waive any right cause of action res
served to or vested in the State or any
citizen thereof by the charter of the said
company, nor shall the same be- construed to
waive any cause of action heretofore or here
after accruing to or vested in the State or
any citizen thereof by reason Of any violation
of the charter of or law governing said COM
pauy except as herein provided.
/. The provisions of this resolution shall
apply to the Petersburg Branch as we'll as
to the main stem of the B. o. Railroad,
and also to the Valley Branch of the same,
so far as it is within this State.
s. Tha. upon the acceptance by the B. &
o. Railroad Company of the provisions of
this resolution, all proceedings under any
joint resolution directing legal proceedings
to be instituted against the said company,
shall be suspended, but nothing in this reso-
luton shall be so construed as to prevent the
institution of any legal proceedings which
may be necessary to secure the just rights of
the public.
g. This resolution shall continue in force
until otherwise provided by law.