Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-03-22
THE RAILROAD ACT.


Legislature before adjournment:
WHEREAS, on the one hand serions
complaints have been made against the
b. G o. r. II. Co. on account OF lis
discriminating freight charges, aud, on
the other hand, the business and inter
ests 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;
ard,
WHEREAS, it is claimed by the said
company that it is advised that special
rates are not warranted by strict and
technical construction of lis rhartcr,Gnd
that the recent Withdrawal of such rates
becomes q necessity under the J0lnt
resolution now pending before the Leg
islaturc, looking TO the vacation of its
charter by quo wTrranto proceedings or
otherwise; and,
WHEREAS, it is a matter of primary
Importance TO protect the rights and i'll
terests of all classes of shippers over the
said railroad as far IS the same may be
done at present:
Therefore be il RssOlr'd BY tie h's''.
lafme Of Hest Trginim
!. That SPECIAL rates Of freight here
after granted by the Is. & o. Il. K. Co.,
during the time that thisr esolutIon shall
be in force shall not be deemed or held
violation of the charter of said com
PAW. provided that when such special
rates have been granted TO any shipper
of freight at am point or station on It's
railroad; upon any article the same
special rates shall be granted 10 any
other shipper by the carload of The same
or similar articles from the same point
or station. or from any other point or
/ station having the same rates ot charge
or the regular tariff list of the company
unless such other station be compel
| inc one; and provided furthcr,that when
such special rates are granted 10 any
shipper, the local agent of the company
at the point or station from or TO which
article may be shipped, and the lo'al
AGENTS at all other stations that may Oe
affected thereby, according to the tore
going principle, shall be promptly noil-
fed Of such special rates, and instructed
to give other shippers by the car load,
the benefit Of the same Oh NE same, or
similar articles AL persons shipping
to the extent OF one full car load at one
time. from the same station, shall have
the benefit of the special rates aforesaid,
! when granted to any other person, and
any attempt TO evade the foregoing pro
visions, by rebates, draw backs,or other
wise, shall be void. But this shall rot
prevent the company from changing
| such rates troru time to time, provided
the rates are made upon the principles
herein stated; but there shall be 40 III
crease in such rates during tie time
such rates are contracted for.
2. 1t shall be the duty Of tic sad
railroad company TO report to the Board
of Public W orks from time to time to
all special rates granted under lhc pre-
vision OF the foregoing section, specify
inc the time when granted, the rate and
the article or articles; and il sha!l be HE
duty Of said Beard to investigate al
charges or complaints Of violations OF
The provisions Of said section, and TO
correct any abuses that may bo nccts'
sary and proper to enforce compliance
with such provisions.
! 3. Nothing in this resolution shall
except as herein otherwise provided, he
construed to waive any right or cause
of action reserved TO or vested in the
State or any citizen thereof by the char
ter of the said company, nor shall the
same lie construed TO waive any cause
of action heretofore or hereafter accru-
inc to or vested in the State or any citi-
zen thereof by reason OF any violation
OF the charter of or law governing said
company except as herein provided.
4. The provisions Of this resolution
shall apply TO the ParkersburG Branch
as well as to the main stem OF the Is. u
O. Railroad, aud also to the Valley
Branch Of the same, SO far as il IS With
in this State.
5. That upon the acceptance by the
I Il. e O. Railroad Company of the pro
visions of this rcsolu,ioD,all proceedings
under any joint resolution directing
! legal proceeding to be instituted against
the said company. shall be suspended,
/ but nothing in this resolution shall be
so construed as to prevent the ins.ilu,
ton OF any legal proceedings which
may be necessary 20 secure The just
rights Of the public.
6. This resolution shall continue in
force until otherwise provided by law.