The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-22

tent Jurisdiction, for the use aud benef
OF the state of Texas. Upon the receipt
at the office of the railroad commissioner
Of notice as aforesaid OF any accident u,
aforesaid, one or more OF the said com.
| missloners shall, without unneces
sary delay, visit the scene OF such acct
dent, and make careful inquiry and In.
yestigatiOn into the facts and circum.
| stances thereof, and shall file full and
complete report OF such inquiry and IN.
Vestigation in their Office Any informa
ton they may have acquired Ia relation
to any accident resulting in death or Sc
riOus personal injury shall be furnished
by the said commissioners to any person
injured, or 10 the representatives OF any
person killed by reason of such accident.
Sec. 8. That If any railroad company
doing business in the state shall. in viola
ton OF law, or of any rule or regulation
prescribed by the commissioners afore-
said, inflict any wrong or injury upon
any person, such person shall have right
of action and recovery for such wrong or
injury in the county where the same was
done, or in any county through which
such railroad may run. In any court of
competent Jurisdiction, and the damages
TO be recovered shall be the same as in
actions between individuals, except that
In cases of willful violation of the law,
such railroad company shall be liable to
exemplary damages; provided, that In no
case, in suits brought under this section
shall the damages be less than fifty dol
lars and provided further, that all suits
IN er this section shall be brought with
In twelve months after the commission of
the alleged otiense or wrong.
Sec. 9. That when the commissioners,
upon complaint or otherwise, have rea-
son to believe that any railroad company
has violated or Is violating any OF the
laws OF this state, or any Of the rules or
regulations prescribed by said commits
siOners, they shall examine into the mat
ter and cause such proceeding to be in
stltuted as they may deem necessary and
proper in the premises.
Sec. 10. That the commissioners shall
be and are hereby authorz ed in the dis
charge of the duties of their Office to sub
poena witnesses, administer oaths, compel
the production of books and papers and
to punish for contempt, in the same man
ner and to the same extent as judges OF
the district courts, and il is hereby ex-
pressly provided and required that all
sherifs and constables in this state shall
execute process issued by said commits
sioners the same as If such process issued
rom a district court, and the clerk of
said railroad commission Is hereby AL.
thOrized to administer oaths in matters
pertaining TO his office.
Sec. IL. That any officer, agent or en-
plOye of any railroad or transportation
company who refuses to answer such
questions as may be propounded to him
by the commissioners in the course of any
examination authorized by this act, or
who refuses TO produce any papers or
books in his control or under mis- charge
As such officer, agent or employe of any
railroad or transportation company, shall
be punished by said commissioners as for
contempt, and the property of any rail-
nr fro FlT fufi Inn aN NH tnn
such person in conte mpt is-an officer,
agent or employe, shall be liable TO be
taken In execution to satisfy the judg'
ment in such cases, at the suit of the
state.
Sec IL. Charges for transportation on
each class or kind of freight shall be
uni orm, aud any unjust discrimination
in the rates or charges for the Transports
ton OF any freight made against any per-
son or place:on any railroad operated in
this state is declared to be unla wful; and
1t shall be prima tacie evidence of an UNI
just discrimination for any railroad COM
pany, its officers, age nts or other employees
to demand or receive from one person,
firm or company greater compensation
than from another person, firm or com.
-pany for the transportation in this state
of any freight of the same kind or class,
in equal or q eater quantities for the
same or less distances; any railroad CON-
pany, It's officers, agents or other employees
violating the provisions of this section,
upon conviction OF the same, shall be
punished, as provided for in section IA of
this act; provided, however, at railroad
stations in this state where Two or more
railroads, under different and distinct
organizations, intersect or terminate,
either road may Tx its charges to and
from said station without reference to
their schedule OF charges on the balance
OF their road.
Sec. IL. If any railroad corporation
shall wtllfully charge, collect or receive
from any person or persons, for the trans
portatiOn of any freight upon its railroad,
higher or greater rate OF toll or compen-
satiOn than it sh Ill at the same time
charge, collect, or receive from any other
person or persons for the transportation
of the like quantity of freight OF the same
class, Deing transported from the same
point, in the same direction, over equal
distances of the same railroad, or IL it
shall charge, collect, or receive from any
person or persons, for the use and trans
portal on of any railroad car or cars upon
Its railroad a higher or greater sum than
Ii shall at the same time charge, cllect.
or receive from any other person or per-
sons for the use or transportation of car
or cars of the same class 1Or a like pur-
pose, from the same point, In the same
dire ction, and an equal distance; all such
discriminating rates, argos or collec-
lions, whether made directly or by means
of rebate, or other shift or evasion, shall. be
considered and taken as prima facie EVIL
dence of extOrtion and unjust discrimins-
ton, which is hereby prohibited and de-
clared unlawful, and shall be punished as
prescribed in the fourteenth section of
this act.
Sec. II. Any railroad corporation that
m he NJ nr nllyU FIN
shall, upon conviction, be
fined for the first offense sum not less
than 500 nor more than $1,000, and upon
q second conviction, in any sum not less
than $500, nor more than 5000, and upon
a third or any subsequent conviction, 10
a sum not less than $1,000 nor more than
5000. The district court of any county
into or through which the line OF railroad
may run, owned by the corporation alleg
ed to be guilty as Oresaid, shall have
jurisdiction OF the offense, which shall be
prosecuted by Indictment or by action in
the name of the state OF Texas, upon in
filed by the board of railroad
and in all prosecutions
and actions against railroad corporations
under this act, a preponderance OF the
evidence shall govern and control the jury
In making their verdict. And such rail-
road corporation shall also be liable In
damages to the party aggrieVed three
times the amount OF the damages sustain
ed, t0gether with costs of suit and rea-
sonable attorneys fee, to be fixed by the
court.
Sec. Is. Nothing in this act shall be
construed to prohibit railroad corpora
tions from issuing communication, excur-
sion or thousand-mile tickets. as are now
issued, nor as controlling the rates Of
frel ht which come and so beyond the |
of the state, nor as excluding
other evidence OF extortion or unlawful
Sec. 10. That copies sworn to and sign
ed by the president or chief executive |
officer of all railroad companies Of all con- |
tracts and agreements between railroad
companies doing business in this state,
and all contracts and agreements between !
such companies and other railroad freight
or transportation companies as to rates oil
freight and passenger tariffs, shall be
submitted to said commissioners and filed
In their o.hee for inspection and correc- |
tion that II may be seen whe her or not |
they are q violation of the constitution,
Of the law, or of this act, or IL the rules
and regulations made by said commissions
ers and all agreements whatever as to the
division of earnings of any kind, or the |
pooling Of freights by competing
railroad companies doing business
In the state, are hereby pro-
hibited. and said commits siOners may