Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-12-27
The Provision. OF the Bill.

The bill makes it unlawful for anv rail.
road corporation doing business in South Carolina
OF this or any other State, or without being INV
eorporated e charge. collect, demand or receive
the transportation of passengers freight of any
description; or for the use and transportation OF
1t provides against all unjust discrimina alton in
passenger and freight rates upon any railroad or
any road working in connection with 1t, and
makes it unlawful for any railroad company, or
any persons engaged solely in the shipment or re-
or receive any rebate, drawback or other advan-
tage in any form upon shipments made.
1T FORBLDS CHARGING GREATER TOLL
for the transportation OF any passenger or freight
lance in The State than is charged for the trans
portation OF any passenger. or like quantity of
on the same railroad. 1t forbids any higher com
pensation for receiving. handling delivering
same Class and quantity at any other point upon
the same railroad. 1t forbids any higher rate of
portion of railroad than over another portion of
the same railroad of equal distance. 1t forbids
other for the same kind of service and provides
that all such discriminating rates, charges col
means of any rebate, drawback or other shift OF
evasion, shall be deemed and taken as primd
taeie evidence OF the unjust discrimination pro-
ever, excluding other evidence tending to show
any unjust Discrimination in freight and passen-
ger rates Il is further provided that nothing in
the act shall prevent the issue and sale of
bill provides for the appoiHtmen by the governor,
with the sdyice and consent of the Senate, of
THREE COMMISSIONERS
carry out the provisions of the act. One of the
following named counties: ''Oconee Pickens
Anderson, Abbeville. Greenville Spartanburp'
one a resident OF Chester, Lancaster, FairfieId'
Richland, Lexington, Aiken, Barnweli, Orange,
resident of Chesterfield Marlboro, Darlington.
Marion, Horry, Williamsburg, Georgetown,
Beaufort Alter the eEpiTatiOn P Of tS Us
term of office of the commits
successors viii be six years, but of the commits
sions first appointed one shall hold office for two
years one i9r ~, four years and one for six
each, to be paid out of the State treasury as in
the case OF other state officers. 1t is forbidden
stocks, bonds other obligations of any railroad
company; or be in any way interested in any man
ner IN any railroad, and in case, during
THEIR TERM OF OFFICE,
they shall SO become disqualified, they are re-
quired under the act TO remove the disqualifica-
road commissioner shall have ali the authority
given to the commissioners appointed under the
the act are appointed. No member Of the Gen
eral Assembly shall ever be eligible to ap-
during the term for which he shall have been
elected to the General Assembly. The commits
just rates of charges for freight and passenger
tariffs to be observed by all railroad companies
thereof; to make reasonable and just rates and
regulations ter the government of all railroads in
the necessary handling and delivery Of feehs; to-
make such just and reasonable rules and regula-
freight and passenger transportation on RAILROADS
in the State; TO make reasonable and just rates of
and my
ALL KINDS OF FREIGHT AND PASSENGERS
on said railroads no matter by whom owned or
regulations observed RAJ
Panies on said railroads. to prevent the giving or
rectly, and the misleading or deceiving the
public in any manner as to the real rates
and regulations to- des Iait q and 'u tx
the difference in rates Of charge for freight and
and shorter distances the same or different
railroads, and 10 ascertain what shall be the
limits OF longer or shorter distances. The COM
missioners are required to make schedule of Just
and reasonable changes for each of the railroad
freight and cars each of the railroads; Such
schedules, in all suits brought against railroad
corporation TO be taken in all courts OF the State
sufficient evidence that the rates as fixed by the
commissioners are just and reasonable. The com
as often circumstances may require to change
and revise the schedules notice OF such reVisions
TO be given in the newspapers at either terminus
or along the line of railroad affected thereby.
FOR THE PROTECTION OF THE PEOPLE,
the railroad companies are required to keep such
schedules posted at their respective stations. The
books and papers of ali railroad panies to as
certain If the regulations prescribed by them are
offices, stations and other places of business for
purposes of examination. The commissioners also
have full power and authority to examine all
agents and employees of said railroad companies,
and other persons, under oath otherwise in
order to procure the necessary Information TO
make Just and reasonable rates of freight and
passenger tariffs and to ascertain If such rules and
regulations are observed or violated. The com
missioners also required to inspect and correct
all contracts between railroad companies doing
business in the State as to rates and charges for
are required TO submit to them. All arrangements
and agreements whatever as to the division OF
earnings OF any kind by
COMPETING RAILROAD COMPANIES
doing business in this State shall be submitted to
the commissioners for inspection and approval, in
SO far as they affect the rates and regulations made
by the commissioners to secure all persons do
ing business with the said companies Just and
reasonable rates of charges for freight and passen
ger tariff The commissioners may make such
rules and regulations to such contracts and
as may by them be deemed necessary
and proper ana any such agreements not ap-
proved by the commissioners. by virtue of which
rates shall be charged exceeding the rates of
illegal and void. In case any Of the provisions of
the act shall be violated such violation, except
shall carry with it double the damages sustained
by the persons damaged, to be recovered by suit in
causi ng such damage can be found, or where they
have an agent, office place of business; pro-
assessed 1e at es The
persons offending shall, for each offense pay
A PENALTY OF NOT LESS THAN $1,000,
to be recovered by the State by action in any Cir
cult Court brought by the attorney general at the
request eff the railroad commissioners, ANY ac-
lon to be brought to recover any such penalty or
damages may be considered, and if SO brought
shall be regarded subject of equity jurisdic |
lion and discovery, and affirmative relief may be
sought and obtained therein. In any such action |
20 brought case of equitable cognizaDce, pre-
iminary or final Objections msy, Without allega-
lion or proof of damage to any plaintiff or COM
plainsnt, be granted upon proper application, re-
straining, forbiddinG and Prohibiting the COM
missioner onnttugRoee OF cry matter or thing l
within the terms puryisw of the act prohibited
Dr. forbidden. No action shall be sustained I'M
less brought within two years after the cause of |
action shall accrue. Any director oficer, Trustee
Dr. agent of any railroad may be compelled to at
lend and testify in such cases as may be brought |
against the corporations. The act also provides |
Ior better police regulations of railroads. |
DIR. Grimshawe's Secret.