The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1883-03-08

| uish suitable cars TO any and all persons VINO
may apply therefor for the transportation Of
any and all kinds Of freight with all reason
able dispatch, and to provide and keep euita-
ole 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
Ike manner, the empty or loaded cars fur
nisbed by any connecting road TO be deliv-
cred at any station or stations on the line Of
its road, TO be loaded or discharged, or re-
loaded and returned TO the road SO connect
ing; and for compensation 1t shall not de-
msnd or receive any greater sum than Is
accepted by It from any other connecting
railroad for q similar service.
SEC. 10. No railroad company shall
charge, demand or receive. from any per-
son, company or corporation, for the trans
portati0n OF any property, or for any other
service, a greater sum than 1t shall ut the
same time charge, demand or receive from
any other person, company or corporation,
for like service from the same place, or up
on like conditions and under similar circum-
stances, and all concessions Of rates, draw
| backs. and contracts for special rates shall
be open to, and allowed all persons, CON-
panies and corporations alike, nor shall 1t
| charge more for transporting freight from
| any point on its line than fair and just pro-
portion Of the price 1t charges for the same
| kind Of freight transported from any other
/ point.
SEC. II. No railroad company shall
| charge, demand or receive from any person,
company or corporation, an unreasonable
price for the transportation OF persons or
property, or for the hauling or storing Of
| freight, for the use OF its cars, or for any
privilege or service afforded by IL in the
| transaction OF its business as railroad COM
pany. And upon complaint In writing made
| to the board Of railroad commissioners that
| an unreasonable price has been charged,
such board shall investigate said complaint,
and IL sustained shall make a certificate.
under their seal, setting forth what is q rea-
sonable charge for the service rendered.
which shall be primo Jdcie evidence of the
matters therein stated. And any greater
charge demanded or received by said COM
pany shall be deemed an extortion within
the meaning OF this act.
SEC. II. 1t shall be unlawful for any rail-
road company to make any contract or enter
into any stipulation with any other railroad
company running in the same general direc.
ton, by which either company shall directly
| or indirectly agree to divide in any manner,
or proportion, the joint earnings upon the
whole, or any part OF the freight transport.
cd over such roads, and any violation of this
provision shall render the railway company
violating the same, liable to penalty Of
5000 for each month for which such earn.
ings are divided, to be recovered for the use
Of the common school fund in the name of
the State.
SEC. 10. 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 COM
mon carrier. All railroad companies shall
on demand, issue duplicate freight receipts
to shippers, in which shall be stated the
class, or classes OF freight shipped, the
freight charges over the road, giving the
receipt and SO far as practicable shall state
the freight charges over other roads that
carry such freight, and when the cOnsignee
presents the railroad receipt to the agent OF
the railroad that delivers such freight, such
agent shall deliver the articles shipped on
payment of the rate charged for the class Of
freights mentioned in the receipt.
SEC. IA. In all cases where complaint
shall be made In accordance with the pro-
visions Of section IL, hereinafter provided,
that an unreasonable charge is made. or that
the rates charged for freight are unjust, UNI
reasonable or eXtortionate, and the board
shall find such complaint to be true, they
shall require a modified charge, for the SER
vice rendered, such as they shall deem to be
reasonable and shall certify their finding to
the managing officer OF the road, against
which such complaint is made, and the rates
80 determined by the board to be reasonable
shall be, by the railroad company, accepted
thereby and posted up in a conspicuous
place in each depot on the line Of its road
that may be designated by such board, and
such rates SO found, shall, in all actions aris-
ing in any court in this State, be taken to
be reasonable compensation for the services
for which they are provided, until the con-
trary is proven, and all compensation de-
manded or received by any such railway
company in excess Of the rates SO determin-
ed by the board, shall, in any such action be
taken to be unjust, unreasonable and extor-
tionate until the contrary is proved. All
cases OF failure to comply with the recon-
mendation of the board of commissioners
shall be embodied in the report of the board
Of commissioners TO the governor, and the
same shall apply to any unjust discrimina-
ton, extortion or over charge by said COM
pany, or any other violation OF this act by
such company.
poration engaged In business, other than
that of a common carrier, may own or lease
railroad cars, and may load and bill the same
to any railroad point, and all railroad CON-
panies and connecting lines to whom any
such car is delivered, shall receive and trans
port the same, with all reasonable dispatch,
towards 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 compensation as may be fixed by the
commissioners, and having arrived at its
destination it shall be unloaded and shall be,
unless otherwise ordered by such shipper,
returned to its starting point with like dis
patch, and shall not be deviated from its |
route, and shall be In all respects handled
the same as a car belonging to any railroad
company, Prorided, that 1t may be, by said |
railroad company, reasonably loaded upon its |
return trip and the owner be allowed q rea- |
sonable sun for its use, and such owner |
shall be responsible for all necessary repairs.
SEC. 16. 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 de- /
termine.
SEC. II. Private persons-sw
person, upon written permission,
given by the board may exercise, in the same |
and to the same extent as is now en-
joyed by railroad companies, the right OF
and appropriating land and lay
ing out and constructing any spur, switch or
railroad track thereover and connecting the
same with any railroad already constructed.
And the right to use such spur, switch or
track shall be public at rates and on terms
and conditions such as the board shall pre-
scribe, IL the parties interested cannot agree.
SEC. Is. 1t shall be the duty Of said COM
upon the complaint and applica.
ton Of the mayor and council of any city,
or the trustee Of any township, to make an
OF the rate Of the freight tariff
charged by any such company, and of the
or operation Of any railroad, any
part of whose location lies within the limits
,f such city or township and if twenty-five
Dr. more legal voters in any city or township
shall, by petition In writing, request the
mayor and council of such city, or the trus-
zee OF such township. to make the said com.
plant and application, and the mayor and
council, or the trustee, refuse or decline to
comply with the prayer Of the petition, they
hall state the reason for such non-compli-
ance In writing upon the petition, and re.
urn the same to the petitioners and the
petitioners may thereup0n, within ten days
rom the date Of such refusal and return,
present such petition to said commissioners,
ind said commissioners shall, II upon due in
luiry and hearing Of the petitioners they
hink that the public good demands the ex- !
proceed to make it in the same
manner as II called upon by the mayor and
council Of any city, or the trustee Of any
ownship. Before proceeding to make such
in accordance with such appli-
alton or petition, said commissioners shall
i've to the petitioners aud railroad company
reasonable notice, in writing, of the time
nd place of entering upon the same. II {
Ipon such an examination it shall appear TO q
aid commissioners that the complaint alleg- ,
d by the applicants or petitioners, be well !.
ounded, they shall 80 sdjudgs, and they !
ball then and there decide what Is o reason. {
BILE charge for such freight, and shall in d
orm the corporation operating such rail.
Dad company, Of their adjudication within
en- days, and shall also report their doings c
D the governor, rs provided in section Q OF u
his act, and shall certify TO such complain. !.
nts the result OF such adjudication, and
UGH adjudication shall be prissa Jacie evil l
ence Of what is reasonable charge in all d
elton for such service. 4.
SEC. 49, Any railroad company which
hall violate any Of the provisions Of this u
Ct, shall forfeit for every such offense to
be person, company or corporation aggriev-
q thereby, three times the actual damages o
by. the said party aggrieved, to- I,