The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-15
NEW RAI,.RoAn BILL.
Regulating the Runniox OF Railroads
aud for the appointment OF
aRtate civil Engineer.


of toe STATE of Texas, that all railroads in
this state shall keep and maintain their roads,
bridges, grades, tics, rails, piles, embank-
men,s, and whatever belongs TO the structure
OF raroads, in safe, sound, solid and first
class condition, 20 that tbs public shall be
safe and secure in travelling over tho same.
and the companies able 10 accommodate tho
travel and traffic along their lines according
10 schedule.
Soc. 2. That tho failure Of any railroad
company in this state to keep ana maintain
their roads, as provided in tho preceding sec
ton, shall be q violation Of duty for which
they shall be pcnally liable; and for every
day the said company sbsll neglect 10 repair
their road after due notice TO do SO by tho
ofilc' rs hereinafter provided for, they shall ba
liable IN tho sum of ono thousand dollars, to
BIO recovered In court Of competent
Jurisdiction in this state, and Ia any
county through which the said road may
pass a SUIT shalt lie TO recover said penalty In
the name ind on behalf of the state of Texas,
to be prosecuted by its district or county at
torney, and ono recovery shall not iuhbil
the institution OF a suit for any further aud
continued violation OF the law uhdoi the pro-
visions Of this section.
Sec g II shall ba tho duty If every
RAILROAD in this state TO tako aud receive, IN
tho order the same Is offs ed for
shipment, nll articles OF classes OF freight,
without regard 70 character Of Same, AUD
without giving priority or precedence u any
other article or glasses Of freight offered, and
itsball be their duty TO transport within Il
reasonable llIno after offered, any and oil
articles and cIasses of freight And any
rairoad company falling IN either parucalHg
hereiD described, snail be Liable to tho party
against whom such discrimination ia mado
or whose freight Is delayed beyond ronson-
able time, IN 10 case to exceed fifteen DAYS,
for oil actual dumsga dOne or received by
such dIscrmina,iCn or delay; uEd in addition
thereto shall pay to said party no. losR thun
ten nor more than ono hundred dol.
lars for every day said delay is continued
beyond tho roaouable time the same should
have been transported, for which he shall
have his right of action against them
Sec. A. All railroad companies Ia this
state shall allow free and fair competition in
freight and passage over their lines, and any
railroad company violating tho sane, BY on
tering into pooling or. division of lreighls
with any competing line, or making any
contract. agreement or combination, waereOy
tho freights earned by the ono, shall on nav
basis be divided with the Other, baine CON.
peting lines, shall DO liable 10 penalty f r
oach aud every case of pooling or division of
earn'Dge, IN any sum not exceeding lye
Thousand dollars, which may 90 recovered
al ths suit of the state, in Any county throuun
viii h sHid roads, or oihOr Of them, NAV ran.
And my agent officer ,omplOye or servant.
OF any railroad il This state, who viii mako
or ertAp into such contract or agreement, or
recti q any fteghls Or earnings from any
line 0r lines Of road, for his re- d, koowing
Inc sn'ue to DO pooled, shall he guilty If a
misdemeanor, and on conviction thereof
shall be l0ed 10 any sum, rot less than two
hundred nor moro than one thousand dollars
Sec. .. No railroad company in thisstata
shall, directly or lndi ectly, charge 10 or "a.
receive iorm any parson or p0rsOns ANY
greater OF any less rate OF freight, compen.
salon or reward for the transportation OF
any article or class OF freight, than ia hy il
charged to or received from aAy other per,
son or persons, for transportation, receiving,
storing or handling tina sauc or smilsf
articles or classes OF freight; nor shall thay
allow Suy rebate draw back or other advan
Mges to ono person or parsons, rot allowed
10 any and oil other person or persons NJ tho
same pon. of shipment; ard ANY officer.
agent employee or servant otany roai, max
Ing or allowing any such rebate, drawback
or advantage or commission with sFy pcr-
son, suNll 10 guilty Of ~ mlsdemcn0r, and
the person accepllng tho Same thall aso be
guilty OF n misdemonur, and esch ct them
shall DO punished therefor by 6ne If not
iess than tive hundred nor mora thnu Ave
hundred dollars, and M company ali
issue froo passes To cover such agreements.
Soc q. All railroads In this state, for car
rying passengers over their roads. shall be
enutl d 10 receive not exceeding four cnnts
per mile, and only one.half Of this amoun,
where the party carried Is Ices than twelve
ycar; Of age.
Sec, I. That for tho bottcr execution of
the purpose Of this act, there shall be-
appointed by the governor of tnis state A
state engineer of railroads, who shall be con
hrmed in his Office by tho senate, and who
shall hold bis office for two years, unless
removed by the governor, and shall receive
q salary of twenty-five hundred dollars A
year. whose duty II shall DO to inspect tho
condition Of all the roads in this state a,
least once in two montns, and US much
oftoner as tho necessities Of the case seems
TO require, and who shall DO entitled In the
dischtreo Of said duty t. travel over said
ros's, and said railroad shall pay him foo
Of ton dollars for each day ho Is so emplo, ed
In tho police of said roads, such
amount .to be. credited on the
passenger tax due by said road to the state,
and TO DO appropriated by the engineer in the
payment Of his expenses IN the prosecution Of
hia duty, n iull amount Of which no shall fila
with tho governor and secretary of state; and
ifheshall ascertain that said roads are Ia any
respect not kept In accordance vito section
one OF this act, no shall Immediately notify
tho prcsident the vice prcsidon, and tue
general superintendent, of the uscessity OF
repair or Improvement required, whose duty
II shall DO immediately to order tho making
OF such necessary repair and Improvement.
The state civil engineer herein provided
Tor snail nave tho power, whenever road or
any part OF IT. structures are so GU, of repair
or unsafe, as 10 b. dangerous, to notify tho
chief officer aud tho superintendent OF tho
company, the train dispatcher, and IA far ns
practicable Tho conductors of tho several
trains on tho road, Of tho unsafe condition
thereof, ard should tho said chief officer OF
said company, or tho train dispatcher, neg.
lect or refuse to order the cessation II
all trains on said road until
tho Same Ia put in sount
condition, they shall BY guilty of a misde
mcAnor, and fined for overy day that said
roads arc operated until repaired, In an,
sum not exceeding one thousand dollars. and
any conductor mr. ANY uthor nan..,or az .