The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1883-03-15

complaint and if sustained shall make u certificate
under their seal setting forth what is reasonable
charge for the service rendered which sha! be pI1
rzeie evidence Of the matters therein sta:rG.
SEC. L. Ii shall be unlawful for any railroad con-
pany make any contract or enter into any stipu-
iation with any other railroad company rnHning in
the same general direction 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 transported over
such roads and any violation Of this provision shall
render the railroad company violating the same LA
bic 10 penalty of 5000 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.
SEC. -. No railroad company shall be permitted.
except otherwise provided by regulation or ofler
of the board, to change or limit its common law La
bility as a common carrier. All railroad companies
shall 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 far practicable shall
the freight charges other roads that carry
such freight. When the consisnee presents the
railroad receipt the agent of the railroad that de
lvers such freight, such agent shall deliver the
tcle shipped payment Of the rate charged for the
class of freights mentioned in the receipt.
SEC IL. In all where complaint shall be
made in accordance with the provisions of section ls
hereinafter provided, that an unreasonable charge
is made that the rates charged for freight
Just. unreasonable eXtOrtionate, and the board
Shall find such complaint to be true, they shall
quire a modified charge for the service rendered
such as they shall deem to be reasonable. and shall
certify their finding To the managing officer Oi tn.
road against which complaint is uisdr and the rates
determined by the board TO be reasonable shall be
by the railroad cnm"sny affected ;hrsty. accepted
and posted up ia conspicuous place II each depot
on the line Of lis road that may be designated by sl:
board, and such rates found shali in all actions
arising in any in the be taken to he
enable compensation fOr the service for which they
provided until the contrary l. proven. and all
such compensation demanded received by any
such railroad company in excess Of the rates so de
termined by tine board. shall IN any such action he
taken TO he unjust. unreasonable and extortionatc
until the contrary Is proven All cases oil iaiiur,
to comply with recommendation of the board OF
shall he embodied in the report of the
board of commissioners to the governor, and the
same shall apply to any unjust discrimination, cx-
tortion oyercharge by said company any other
violation of this act by such company.
SEC 10. Any person. partnership or corporation
engaged in business, other than tha: of common
carrier, may own or lease railroad ears. and may
load and bill the TO any railroad point, and all
railroad companies and connecting lines to whom
any such ear delivered shall receive and TRANSPORT
the same with all reasonable dispatch toward it,
destination: Proridod That such shall he con.
structed in conformity to the rules and regulations
of the company which such application il made.
and for such compensation as may lac fixed 10y the
commissioners: and having arrived its destina.
ton. it shall unloaded, and shall be, unless other.
wise ordered by such shipper, returne TO its start
ing point with like dispatch and shall not be deyia
ted from its route aad shall be in all respects hand
led the same ear belonging to any railroad com
pany: Proriiei, That it may be by said railroad
company reasonably loaded upon its return trip, and
the owner be allowed reasonable sum for its use.
and such owner shall Ice responsible for all neeessl
~ repairs.
SEC lG Neither said Joar,l of Railroad commits
sioners nor any railroad company shall raise the
charge for the transportation of freight any rail
road without first giving sixty days public notice q:
| such change in snrh manner as the commissioners
may determine.
SEC IL. Prrdte psrSo,IS SlciLcieS spurs, rtr-Any
person. upon written permission gwen by rhe board
may exercise in the same manner and to the same
extent as is now enjoyed by railroad companies the
right of condemning and appropriatins land. and
laying out and constructing any spur, switch or
| railroad track thcrcorcr, and connecting the same
with any railroad already constructed And the
right to such spur, switch or track shall he pnb
lie, at rates and on terms and conditions sIrh The
board shall prescribe If the parties Interested can
not agree.
SEC Is 1t shall he the duty of said coinmis,i
ers, upon the complaint and application of the may
| and council of any city, or the trustee of any
township, Ia make examination of the rate OF
freight tariff CHARGED by any such company. aud n
the condition operation of any railroad any part
of whose location lies within the limits of sur city
| township: and il twenty-five or more legal va
tiers in any city or township shall hy petition IN
writing. request the mayor and cuuncl of surh city
| or the trustee Of such township to make the >ail
complaint and application. and the mayor anl enun
ell or the trustee refuse or decline to comply with
the prayer ofthc petition they shall state the
for such compliance in writing upon the petition
and return the same to the petitioners; and the pc
titioners may therenpOn, within ten DAYS from the
date of such refusal and return, present such pet
tion to said commissioners; aud said commissioners
shall if upon inquiry and hearing of the the peti
tioners they think that tine public good demands th'
| examination, proceed to make il in the same man
if called upon by the mayor and council of any
| city the trustee of any township. Before pro
! ceeding TO make such examination in accordance
with such application or petition said commission
shall give 20 the petitioners and railroad rOmpa
nv reasonable notice in writing of the time and place
| of entering upon the same. II, upon such an exam
naiion, it shall appear to said commissioners thai
the complaint alleged by the applicants petition
be well founded, they shall adjudgc, anl they
shall then and there decide what is a reasonable
.lUslt
! poTatiUn operating such railroad company of theil
adjudication within ten days and shall also report
their dOngs Ia the Governor, as provided in seciioE
siy of this act, and shall certify to such complain
the result OF such adjudication and such adj Il
dcation shall be pTBIG facie evidence of what Is
-reasOnable charge in all actions for such service
| SEC. 10. Any railroad company which shall VIC
late of the provisions of this act shall forfeit fo
every such oiense to the person, company corpor
alton aggrieved thereby three times the actual darn
ages sustained by the said party aSgrevet together
! with the costs of suit, and reasonable attorney
fee, to be fixed by the court; and if appeal be Ia
ken from the judgment or any part thereof It shal
be the duty OF the appellate court to include in tin
| udsment additional reasonable attorneys fe'
| for service in appellate court or courts.
| SEC. 20 ANY railroad company or individual will
| fully violating evading any of the provisions o
this act not otherwise herein provided for shall 10
! each offense forfeit and pay penalty ot not les
| than one hundred nor more tnan five thousand dol
laes All penalties provided for in this act shall b
recovered by civil action to be instituted and prose
cuted in the of the State by the county attor
OF the county III wien the OffrnSc has been CON
mitted. upon the direction of the board of raroa'
commissioners If, upon the trial of such action, tn
jury shall find for the plaintiff they shall an'
return with their verdict the amount of the iine 4
be imposed upon the defendant and the court shal
render Judgment accordingly All such penalties $
recovered shall he paid into the school fund of tn
county in which such Ofense has been committed
and the board of railroad commissioners may requir
the encouragement to assist such county atOrne.
in the prosecution of any such action. No bond fn
costs shall he required of the State in any such ae
, ton.
SEC. II. In any action against any railroad com
pany for violation of the provisions of this act tn
plaintiff may join in the same petition many dit
1erent canscs of action as he may have against sue
company arising under this act.
SEC. -. Any person who shall willfully or col
ruptly testify affirm falsely 10 any mateTu
matter upon any oath or affirmation decarLtioi
legally administered in any matter proceed
ing before said board. any member thereof, or Il
he made. shall he deemed guilty Of willfnl and cot
rupt perjury, and shall be punished by impriSoI
inent in the pcnitentlary at hard labor for a teri
not exceeding seven years.
SEC. G3 Said hoard of commissioners shall kre
an accurate record of all its official acts, and sha
also provide = seal. on which shall be the imPrei
sion: Board of Railroad Commissioners, State Il
Kansas seal" All processes certificates issued b.
the board shall be attested by stul seal. Copies
the record of the board. certified by the scrretar
and atiesied with the seal of the board. shall be r.
ceived in evidence with the like effect a. copies
other public records.
SEC. n Any member Of said board. while actin
in the performance. of his duties as such, toeethe
with such clerk. accountant, expert, other agent
whose services he deems to be important in the di
charge of said duties shall have the right Of passin
at all times all railroads, and all railrUi
Trains any part thereof. in this State, free
charge.
SEC. -. Nothing in this act shall he construed I
cstop or hinder any pers1n or corporation fruI
brinsin. suit against any such railroad company u
any violation of any of the laws Of this State for t
government of railroads
SEC =. In constituting this act, unless such meat
ing be repu-nant to the cOnte xt to the manilci
intention OF the legislature, the term railroad con
panyr shall include aud be construed to mean an
Incorporated railroad company, any express q
transportation company. or any railroad bridge con
pany. any person or persons, lessees assignee
trustee, receiver, partnership iuint stock cOmpan
corporation, engaged wholly, partially, jointly
seyeraly in laying out. constructing, owning. op'
rating, nsins maintaining any railroad operate
by steam any PARTON part of any such railroa
line The word ''person," shall include person
partnerships, joint stock companies or corporation
SEC. q. Sections ifty-six, fifty seven, dftyeigl
and fty-ane, of chapter tventy-thrce Of the gene
| nj statutes are hereby repealed.
SIC. ~. This act shall take effect ant br in fore
from and after its publication in the oiicia! siai
paper
Approved March g. 1888
do hereby certify. that the foregoing il a trr