The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-02-01

hons shall seyerally be deemed guilty, o. |
felony, and, on conviction thereof shaIi Dc
lmprI .onrd la the state penltehllhy lol II
period not less than two nor more thah yen
! cars The said Commissioners shall also
aye now or and authority TO Wholly sVoP
the running of trains oyerany uanBerouts VI
detective track bridge or other stIugtuie'
and I'm case OF failure on me part OF any ,luH,i-
oger. yuprriutendeut or other executive ON
,. ar owe 10 repair such track, bridge or
other structure, as required by the sald
notice OF such TACT shall De
gi,,rn 10 the public by the Commissioners
nv advertisement in two or more news
pyners having Il general clrculatioh along
tha line of the railroad upon which such
renairs shall be required; and furthermore
there NAV be recovered from any company,
owning or operating railroad w WI nnn
This state, the sum OF SliVoo
The time which may be fixed by the SAID
commissioners, in the written notice before
mentioned, for the repair Of any dangerous
or defective track, bridge or other structure
for the failure or neglect to repair the SAINT,
unless GOOD and sufficient cause can pc
shown for such neglect or failure, 10 DC re-
covered before any court having competent
jurisdiction, for the use ana OehelC VI 0it1
state of Texas, after paying inc cosVt vi
the advertisements herein ProVlueu w.
Ard every manager, SUPERINTENDENT n =,
a. ber executive Office of any railroad in TINS
stote shall give notice, in writing, 10 the
railroad commissioners within twehty-iour
hoIrs after its occurrence, OF any accluenS
konneninp on such railroad, ana atlenueu
will loss of life or serious personal injury
mr. of any other accident coming Wltnln
The character Of accidents VI
which the railaoad commissioners niay
ouire notice to be given, stating a.so VIC nc.
cause of each accident, II KNOWN anu tod
each willlul omission TO give suCn AM or
notice, the said manager, supeflhtehueiiD VI
other executive officer shall forfeit ana pay
a fine of fifty dollars, to be recovered peiUIe
any court OF competent Jurlsdicuon, i9r tne
use and benefit OF the state OF Texas oPol'
tbe recaipt at the office of the railroad COM
mission ers of notice as aforesaid OF any Az
cident as Aforesaid one or more ol tlie sou
commissioners shall, without unHeeessaiy
delay, visit the scene OF such aCcIuGhv ; 49,
make careful inquiry and lnyestlsaeiTFn and nm5
the facts and circumstances IneLeot' u
shall file full and complete report OF such
inoniry and investigation IN thelr
office. Any information they may
have ACQUIRED in relation 10 any
accident resulting III death or serious per,
sonal injury shall be furnished by the saiu
commissioners to any person lDlu Ieiu' - h ~
the representatives OF any peisOh -
reason OF such accident. l.,
Sec 3 That if any railroad company DO
inc business in the state shall, i'll violation
of law, or of any rule or regulation pre-
scribed by the commissioners atoresalu, III
tlict any wrong or injury upon any Pelsoui
such person shall have right Ct actilh
and recovery for such wrong or INJURY III
the county where the same was DONE Ut ~
any county through which sucn ran
road may run, in any, courV Oh coihpe,
tent jurisdiction, and the damages 10 pe
recovered shall be the same as IN ac-
tons between individuals. except that ~
cases of willful collation. of The law, such
railroad company shall be liable 10 eHell-
Mary damages: provided, that III no case
IN sliits brought under this section shsl;
the damages be less ttan $50; and provlaeo
further, that all suits under TINS sec.ioti
shall be brought within twelve mon us al.
ter the commission of the alleged oueliSe Vi
wrong. ,,;s,;onere
mon compliant OF otherwise, have reason 10
believe that any railroad company mas vlo-
LATED or il violating any OF the laws Oh lillS
state or any the rules or regulations pre-,
scribed by said commissioners, they shail
examine into the matter and cause sucn
proceeding TO be instituted as they may
deem necessary and proper in the preil ln o.
Sec. 10. That the commissioners snall oe
and are hereby authorized in the dlscharge
nj the duties of their office TO subpoena VIII
nesses, administer oaths, compel the pro
duc,ion of books and papers, and TO PUNISH
for coatempt in the same manner anu W the
same extent as Judges oil the district COURTS
and il is hereby expressly PROVIDED anu &c,
ruired that ali sheriis aud constaoles III
This state shall execute process lssueu w
said commissioner the same as II suoI Pr
cess issued from district court ana the
clerl; of said railroad commission Is hereDy
authorized to administer oaths III .iha''eiS
pertaining TO his office.
Sec. Ii. That any officer, agent or eih'
plove of any railroad or trahsporta-
ion company who refuses 10 an
swer such questions as may De
propounded to him by tne commissioners
In the cause of any examination authorizes
by this act, or who refuses 10 produces any
papers or books in his control OF unuei a h 10
charge as such officer, agent or employe Oh
any railroad or transportation company,
shall be punished by said commissioners as
Tor contempt, and the property OF any rali-
road or transportation company, oil Whlch
such nerson in contempt is an officer, agent
ar employe, shall be liable TO be taken IN
execution to satisfy the judgment IN such
cases, at the suit OF the state.
Sec. u. Charges for lranspoff'a'i3S .a;0 JI
each class or klnd OF neiisi'
shall he uniform, and any unjust discrimi-
nation In the rates or charges Tor the trans.
nortation of any freight made against any
nerson or place on any railroad operated III
iIis sI.lc IA declared TO be u nlawiuli ana "
shall he nrinla facie evidence OF an unjust
discrinination for any railroad company,
its officers, agents or other employees 10 ue-
mand or receive from one person. hrm or
company, a greater compensation tn st
from another person, hrm or company ror
the TRANSFORMATION in TINS state Oh any
freieht of the same kind or class, in equal
or GREATER quantities for the same or a less
distance: any railroad company, its oincers,
agents or other employees violating the pro
Visions of this section, upon conyicuon.oi
the same. shall be punished, as pro
vided for in section IA OF this act PROVIDED,
boTeyer, at railroad stations in tins state
where two or m ore railroads uRder olleIeht
and distinct organizations, lnte5sect, eitn sl
road may fix It's charges TO ana from sara
cation without reference TO their scbedule
of charges on the balance oil their rcad.
Sec. Is. IL any railroad corporation
shall wilfully charge, collect or receive
rom any person OF persons, for the trans
portation Of any freight upon its railroad, a
higher or greater rate Of toll or compensa'
tion than h shall at the same time charge,
collect or receive from any other person or
De sons for the transportation o. the I'M
Quantity Of freight oil the same class. being
transported from the same point, IN the
ss,ne direction. over equal distances OF the
serge railroad, or lift shall charge, collect
or receive from any person or yer
- eor the use and trans
pori .,ion Of any railroad car or cars uponits
siiro.d a higher OF greater sum than u
shall al the same time charge, collect, OF re-
Give from any other person or persons iof
= i,s 1se m Transportation Of a car OF cars Of
lie ssns ciass for like purpose, from the
me point, in this same direction, ana an
fu distance. all such olscrlIllh l.lIs
,Iire,,i,, ~ Nv means Of any rebate, or other
go - evasion. shau he considered and
! .l-e, a. NINA fscis evidence Of extortloE
and unjust discrimination. which Is neIeoy
: ,5hihfted and declared unlawful, and shall
I : - = r,-escribed in the 18th sec