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

A Bill
To be entitled an act TO provide for thu
appointment OF board OF commission
ers for railroads; to prescribe theiI
powers and duties, and TO fix their sala
ries and the manner of paying the same
to establish reasonable maximum ratel
for tie transportation of passengers anC
freight on railroads in this state: to pre-
vent unjust Determinations and extor
lions in the rates charged for transpor
tation of passengers and freights In
this state, and to prescribe q mode OF
procedure in relation thereto.
IN THE HOUSE.
January 10, ISS3-Read by caption and
referred to committee on internal I'M
prOvements.
SECTION 1. Be it enacted by the legis.
lsture of the state oil Texas: That the
governor be and he is hereby authorized
and required TO appoint, by and with the
ADVICE and consent of the senate, thre 9
commissioners, who shall be styled ''the
commissioners of railroads." and who
snail hold their offices for two years, and
until their successors have been duly ap-
pointed and qualified. One of said COM
missioners shall be of learning and expe-
rience in the law, and one shall be OF
| learning and experience as a civil engi-
neer, but no person owning bonds, stocks
or other property in any railroad or trans
employment OF any railroad or transpor-
tation company, or who shall in any other
| way or manner. be per sonally interested
therein, shall be eligible for the ofnce of
| commissioner herein created. The salary
of each of said commissioners shall be
twenty-five hundred dollars annually,
| payable quarterly out of the state treasu-
ry. The governor shall fill any vacancy
among the commissioners which may oe-
cur by death, resignation or removal from
office, " hich power of removal for good
cause shown, is hereby expressly given
| to the governor.
Sec. 2 That the commissioners herein
provided for, shall be furnished with an
office, furniture and stationery, and may
| employ 4 clerk at an annual salary not to
exceed fifteen hundred dollars at the ex-
| peLse OF the state, said salary TO be paid
monthly. The Office of said commission
| eTs shall be kept in the city of Austin,
and all sums of money authorized by this
act to be paid out of the state treasury
shall be paid on the order of the COVER
nor only, and the amounts for the office
| rent, furniture, stationery, printing and
| postage nd travelling and contingent eX-
penses of said commissI ouers shall in no
case exceed the sum of two thousand dol
| lars per annum, or SO much thereof as
may De necessary. Said commissioners
shall be provided with a seal made after
the form of the ordinary notarial seal,
except that after the word Texas" be-
tween the points of the star the words
'.railroad commissioners" shall be around
| the margin.
| sec. 3. That said commissioners, before
entering upon the duties of their office,
shall each make, subscribe and file with
the secretary of state the following oath
in addition to the oath prescribed by the
con Stllution: al do solemnly swear Tor
afIirm) that will fai .hfully d,sc barge the
| la n mi al Of d. 4 In
best OF my ability; that am not a stock
holder in any railrosd, freight or trans
portatI0n company, nor In any way, di-
rectly or indirectly, in the employment
of any railroad. freight or transportation
company Each of said commissioner
shall enter into bond, payable to the
| governor and his successors in office,
with at least two sureties to be approved
by the governor, in the sum OF twenty
| thousand dollars. conditioned upon the
faithful performance of the duties of his
| ollie,
| sec 4. That the commissioners herein
| provided Ior, when appointed and quail
| lied, shall proceed to organize by elect
ing one of their lumber as president and
! appointing clerk, and any two of said
| commissioners shall constitute quorum
| ofthe said board.
See. 5. That said commissioners shall
| have general supervision and control
over all railroads, freight or transporta-
| ton companies or lines in this state,
and shalt carefully examine and in
spect the same as often as may
| be necessary, ana keep themselves fully
informed as to The condition of the
| companies, their railways, bridges, cul-
yeCts, embankments, tracks or other
| structures, and the manner IN which such
railroad, freight or transportation compa
MES or lines are operated with reference
] n IN Soenrifv md Ri fs Of
| the public; and shall also inform them
selves as to the compliance on the part of
such railroad or transportation companies
with all the provisions of the several
charters of the said companies and with
the laws of this state.
Sec. @ The said railroad commission
ers shall, on or before the first day of
December of each year, make and SUBJ
NIT to the governor report of their OIL
cIal acts tor the year ending the first day
of Octob next preceding. Said report
to contain tabulated statistics from the
| returns OF the several railroad companies,
and all such information regarding the
affairs and condition Of the railroads OF
| this state, and such suggestions concern.
ing them, their affairs and management,
and the proper legislation for the regula-
! ton thereof as the said commission rs
may deem to be of public interest, benefit
or Importance. Three thousand copies
of the said report shall be printed, as is
provided by law for the printing of other
public documents, aud shall be properly
distributed throughout the state by the
said commissioners
Sec. e. The railroad commissioner
shall, twice in each year, and at such
other times as they may deem il, necessary,
carefully inspect the railroads of this
state, aud shall keep themselves informed
as to the condition of the same, ana the
manner in which they are operated, with
especial reference to the safety and prop
er accommodation of the public, and also
| as to the compliance of the several rail-
road companies or corporations with the
laws OF the state; and 1t shall be the duty
OF the said commissioners, whenever they
have reasonable grounds to believe that
any of the tracks, bridges or other struc-
! lures of any railroad in this state are in q
condition which may render any of them
| dangerous or unfit for the transportation
OF passengers or freight with reasonable
safety, TO give to the manager,
superintendent or other executive
officer OF the company, working
or operating the line of railroad
upon which said dangerous or defective
track, bridge or other structure may be
found, notice IN writing of the condition
thereof, aud of the repairs necessary to
place the same in safe condition; and the
said commissions are also authorized and
empowered to order and direct the speed
of trains over such dangerous or detect
i've track, bridge or other structure until
the said repairs are re; and If any
manager, superintendent or other execu-
tive officer aforesaid, upon receiving such
written notice, shall, willfuliy neglect to
take the necessary steps towards having
said repairs immediately made, or If the
Instructions OF the said commissioners, In
relation to the spted Of trains over such
dangerous or detective rack, bridge or
other structure, or IN relation to the re-
pairs thereof. shall be williully disre-
garded by any manager, superintendent
or other executive officer, or by any en-
ploye of any railroad company In this
state, then every such manager, superin-
tendent or other executive officer or en-
ploye shall be deemed guilty of u mlsde-
meaner, and on conviction thereof, shall
be fiued In any sum not less than two
hundred dollars nor more than five hum
bred dollars, or be Imprisoned in the
county Jail of the proper county for Pc
Rod of not less than three months nor
more than one ear, or by boih such fine
and imprisonment, ut the discretion of
the court; and iu case the willful disre-
gard of the instructions of the commits.
| sioners shall cause an accident, whereby
human life shall be lost or persons maim-
ed or wounded, the said manager. super
| intendent or other executive officer or
employee so disregarding the said in
structions shall severally be deemed
guilty of a felony, and, on conviction
! thereof. shall be imprisoned in the state
I .se. NN..U~w to- anA mi hnW