The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-03-09

power to enforce obedience thereto In the per
Torrance of their said duties as belong an,
person who may wilfully obstruS,t sale
Commissioners IN the performance o
} their duties, or who may refuse {,
give any information within his possession
that may be required by said Commissioner
within the line Of their duty shall be deemet
on conviction thereof, to fine not exceeding
\ ST ,000 in the discretion OF the court; the cost
Of such subpenas and investigation to be frs,
paid by the State, on the certificate OF SAID
Commissioners.
Section 9. 1t shall be the duty OF any railroad
corporation, when within their power to DO So
and upon reasonable notice, to furnish suit
able cars to any and all persons who maj
| apply therefor for the transportation of any
and all kinds Of freight, and to receive and
transport such freight with all reasonable
dispatch, and to provide and keep suitable
facilities for the receiving and handling OF the
same at any depot on the line OF its road; and
also to receive and transport in like manner
| the empty or loaded cars furnished by any
connecting road to be delivered at any station
or stations on the line of its road, to be
loaded or discharged, or reloaded and re-
turned to the road so connecting; and for
| compensation 1t shall not demand or receive
any greater sum than is accepted BY it from
any other connecting railroad for q similar
service.
Section 10. No railroad corporation shall
charge, demand or receive from any person,
company or corporation for the Transports
ton OF persons or property or Tor any other
service, a greater sum than it shall at the
same time charge, demand or receive from any
other person, company or corporation for q
like service from the same place, or upon like
condition or unde similar circumstances, and
all concessions Of rates, drawbacks and con-
tracts for special rates shall be open to and al
lowed all Dnrs0ns c0m M MES and cornOrafiODs
alike, at the same rate per ton per mile, by
car load, upon the condition and under sim
liar circumstances, unless by reason OF the
extra cost OF transportation per car load from
different point the same would be unreason-
able and inequitable, and shall charge no
more for Transporting freight from any point
on its line than just and fair proportion Of
the price it charges for the same kind of
freight transported from any other point.
Section IL. No railroad company or other
corporation engaged in the transportation of
freight, shall charge, demand, or receive from
any person, company, or corportation, an un-
reasonable price for the transportation Of
property, or for the hauling or storing OF
freight, or for the use Of its cars, or for any
privilege or service afforded by it in the trans
action OF its business as q railroad corporation.
And upon complaint In writing made to the
Board of Railroad Commissioners that an I'M
reasonable price has been charged, such
Board shall investigate saidscomplaint, and If
sustained shall make certificate, under their
seal, setting forth a reasonable charge for the
service rendered, which shall be prima facie
evidence OF the matters therein stated. And
any greater charge demanded and received by
said company or corporation shall be deemed
an extortion within the meaning Of this act.
Section II. 1t shall be unlawful for any
railway company to make any contract or
enter into any stipulation with any other rail-
road company running in the same general
direction by which either company shall d.
rectly or indirectly agree to divide in any man.
ner, or proportion, the joint earnings upon
the whole, or any part of the freight trans
ported over such roads, and any violation OF
this provision shall render the railway COM
pany violating the same, liable to a penalty of
IS, 900 for each month for which such earnings
are divided, to be recovered for the use of the
common school fund in the name of the State.
Section ID. No railroad company shall be
permitted, except as otherwise provided by
regulation or order of the Board, to change or
limit its common law liability as a common
carrier by any contract or in any other man.
ner, except by contract whose terms shall be
printed or written, which shall be signed by
the owner or shipper of the goods or property
to be carried, and the printed parts of such
contract shall be of even type, not smaller
than long primer. ..
Section IA. In all cases where complaint
shall be made in accordance with the pro-
visions of section Is, hereinafter provided,
that an unreasonable charge is made, or that
the rates charged for freight are unjust, un-
reasonable and eXtortionate, aud the Board
shall find such complaint to be true, they shall
require modified charge for the services rem
dered, such as they shall deem to be reason
able, and shall certify their finding to the
managing officers Of the road against which
such complaint is made, and the rates so de-
termined by the Board to be reasonable shall
ha Inv rail uFay. pnlnv fad xrh
schedules shall be posted up in conspicuous
place in each depot on the line of its road that
NAV be designated BY said Board, and such
rates so found shall, in all actions arising in
any court in this State, be taken to be reason
able compensation for the services for which
they are provided, until the contrary is
proven, and all compensation demanded or re-
ceived by any such railway company in excess
of the rates so demanded by the Board shall
in any such action be taken to be unjust I'M
reasonable until the contrary is proved. All
cases OF failure to comply with the recon-
incubation of the Board of Commissioners
shall be embodied in the report OF the Com
missioners to the Governor, and the same
shall apply to any unjust discrimination, ex-
tortion or over-charge by said company, or
any other violation of this act by said COM
pany. ..t
Section Is. Any person, partnership. or
corporation engaged in business, other than
railroad cars, and may load and bill the same
to any railroad point, and all railroad COM
panies and connecting lines to whom any such
car is delivered, shall receive and transport
the same, with all reasonable dispatch, to-
wards its destination; provided, that such cars
shall be constructed in conformity to the
rules and regulations of the company to which
such application is made, and for such COM
pensation as may be fixed by the Commission
ers, and having arrived at its destination it
shall be unloaded, and shall be, unless other
wise ordered by such shipper, returned to its
starting point with like dispatch, and shall
not be deyiated from its route, and shall be in
all respects handled the same as a car belong
ing to any railroad company; provided, that it
may be by said railroad company reasonably
loaded upon its return trip and the owner be
allowed areasonable sum for its use, and such
owner shall be responsible for all necessary
repairs.
Section t. Neither said Board Of Railroad
Commissioners nor any railroad company shall
raise the charge for transportation of freight
on any railroad without first giving sixty days
public notice of such change in such manner
as the Commissioners shall determine.
Section IL. Upon the occurrence Of any
serious accident upon railroad which shall
result in personal injury or loss of life the
corporation operating the road upon which
the accident occurred shall give immediate
notice thereof to the Commissioners, whose
duty it shall be, if they deem it necessary, to
investigate the same, and promptly report to
the Governor the extent OF the personal in
jures or loss Of life and the cause thereof, and
whether the same was the result of misman-
agement or neglect of the corporation on
whose, line the injury or loss of life occurred.
Provided, That such report shall not be evil
dence Or referred to in any case in court.
Section IS. 1t shall be the duty of said
Commissioners, upon the complaint and ap-
plication of the Mayor and Council OF any
city, or the Trustee of any township, to make
an examination OF the rate of the freight tariff
charged by any such company, and of the con-
dition or operation of any railroad, any part
of whose location lies within the limits of