Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-03-13
The Railroad Cornmi.,,eu Bill.

agreed upon BY the Democratic caucus, and
as it has been presented 10 the Hosse and is
most likely to pass both houses.
The Railroad Commisuou BIZ.
An Act 20 Establish a Board Of Railroad
Commissioners in this State; to prescr he heir
qualifications, powers and duties, fix the mode
of theis election, term of Office and salaries; 10
provide for theii removal from office and 10 de
line the duties of corporations Or persons ope-
rating railroads in connection Herewith.
SECTION |. Be it enacted By the General Assembly Of
the STATE Of Tennessee, That commission. which
shall be styled the Board of Railroad Commis-iO
ers is hereby created. to be composed OF three
commissioners, each of whom shall have been s
resident OF the State for five years next preceding
mis- elect n or appointment, and one of whom
state ana the said o. f I oi Zee
term small be srpo'nted by the governor and con-
hrned by the Senate IL in session, and shall hold
their Ohces until their Offices until the first day
OF January, 1855; and their successors shall be
elected by the qualified votes of the State the
thereafter
Sec. = Be IL further enacted that no person shall
be appointed as such commissioner, who is, al the
time OF his appointment, IN any way connected
with any railroad company in or out of this State,
or who is directly or indirectly interested In any
STOCK, bond or other property Of or is in the en-
ploynent OF any railroad company; and no per-
son appointed as such railroad commissioner
shall during the term of his office, become inter
ested in any stock, bond or property OF any rail-
road company, or IL any ma amer be employed by
or connected with any railroad company in OF out
Sec. 5. Be ii further enacted, That in the event
OF the sickness or incompeteney Of any one of the
feasance, milfeasance or other wong committed,
as hereinafter provided, or in case OF vacancy by
suitable person Il The saa SEs naT 20
act a. commissioner. VINO shall be clothed with all
the powers of the other commissioner, until the
disability is removed, or in case OF vacancy until
the LIST day OF January following the next general
election for governor and me N oers OF the General
Assembly. at which election the vacancy sksu be
filed by a vote of the people.
Sec. 4. Be IL further enaeled That either OF said
commissioners may be suspended from ONCE oy
the governor for malfeasauce, misfeasance or
other wrong committed in Office; but the governor
is required at the time to state in writing, and TO
Communicate the same fully to the next General
Assembly. 1t is made the duty of the Senate to
investigate the grounds OF suspension and II, IN
their Judgment, the same was net warranted, such
commissioner shall be restored 10 his office by
vote of the Senate so directing.
Sec. 5. Be further enacted, that before entering
upon the duties Of his ONCE, each of said com
missionefs shall make and subscribe and file with
the secretary of State an oath in the following
form:
nor will be during my term of office, connected
with any railroad company as officer, agent en-
ploye, or in any other capacity; thai am not now,
nor will ! be during my term of Office directly or
indirectly interested In the stock bonds or other
securities, or property of any railroad company;
that Will support the constitution of the united
States and the constitution of the State of Ten
nessee; and that Will truly, honestly aud faith
fully discharge the duties OF the OFF ce OF commits
sioner of railroads to the best of my ability"
the governor and each shall enter into bond paya-
Bile TO the State OF Tennessee with sufficient secu-
r1ty, TO be approved by the governor, in the sum
OF $40 co., conditioned to the faithful performance
OF his duties as commissioner,
Sec. G.. Be it further enacted, Thst each Of said
commissioners shall receive for his services the
sum of $500 per annum, payable quarterly.
They shall have power, ana it is made their duty,
eeiye ssary Of si5 pei r,ymss onsrteS
ly, and who shall perform such duties as the com
tue said commissioners shall be kept in the capt
toll at Nashville, and they are authorized to ex-
pend in office rent, furniture, books and stationery
sum not exceeding $500 for the first year ana not
exceeding $500 for each subsequent year. All
sums authorized to be paid by this act shall be
paid out OF the treasury, en- the warrant of the
propriated
sec 7. Be Il further enacted, That the Board of
Railroad Commissioners shall have seal OF office,
to be prescribed and provided by the governor
and copy Of any OF the proceedings of said
courts of this State, when certified by the secre-
tsry, under said seal oisofice, to be a true and
| correct copy of the original.
| Sec. s. Be Il further enacted That the said com
mlssloners sha have Access to the property, books
| records, accounts, papers and proceedings of al
the Railroad corporations doing business in THU
State; and the came during business hours shall
/ be subtsct TO the examination and inspection o.
said commissioners, and they shall have power e
directors, officers, managers agents and employs
OF any railroad corporation doing bushes
| in this State. 1t shall be the duty o
each railroad corporation doing buslne
in this State to make out and transmit tt
the Board of Railroad Commissioners from tint
to time, as the same may be required, full anC
| true statement under oath of proper officials o
such corporations, of the property and bushes
OF the same. The said commissioners may, whel
| Information is desired or needed in fixing reason
| able maximum rates of charges or in determinin
the extent or value of railroad property in thi
| State. PROFOUND to such railroad corporations
| toeir officers. directors agents or employees sue
interrogatories as they may deem proper in respet
to the information desired, and they sha III be ar
l sWereQ unCer OEthS IN the manner and form Dirt
| SC lbed by the commissioners.
Sec 9. Be ii further enacted, That the State shs
pay the railroad fare of the commissioners and tn
| secretary of the board, when in the discharge
their official duties, upon their itemizsd, swof
statement, on the warrant of the comptroller, oil
| OF any money in the treasury not Otherwise a.
| propriated.
Sec. 10. Be IL further enacted, that said Board
Railroad Commissioners are hereby authorize
and directed to make for each of the railroad co
porations doing business in this State, as soon
practicable, schedule OF maximum rates
| charges for the transportation of passeu gers AT
freight, and cars on each Of their respech
q com%issioners viii aet Within 'n the limit
tons of and subject TO the terms, restriction
8 aad prohibitions OF any general law of this Sta
r, the prevention of extortion and unjust discrtn
q | nation q the conduct and management OF Z
rates for each railroad corporation by all the fax
e and circumstances which In their iudgme
d should affect the, rates applicable 70
pubic and private rights. said comm
v | sioners shall, from time to time, a
| as often as circumstances may requi
II change and revise said schedules. Each scht
l. | ule, when made, and revision OF a schedule VII
IF made shall be published for four successive wee
Il | in some weekly newspaper at Nashville, hemph
II Jackson, Chattanooga and Knoxville; and 81
e commissioners shall forward a certified copy
:. corporation for which it is made, and thereup
sns be 70 the duty 81 ~ suea a. Es1iTO
: | printed copy of said schedule; provided q
y before making such schedule or fixing tariff
passenger freight rates for any railroad corpo
ton, the commissioners shall give such corpo
ton notice of the time and place at which
schedule of Ieasona bic maximum rates, 50 u
!. | the manager of such railroad corporation or
sons doing business over its line of railroad n
he heard, and such evidence offered Is either u
desire the commissioners TO consider.
Sec. IL. Be il further enacted. That the CONN
sioners shall classify all the freghts, make reas
"a | able and just rates upon each and every class
re- freight and shall make reasonable and just ?
senger tariffs, TO be observed by all railroad {
II porations doing business in this state, on
several railroads thereei; shall make such just
as reasonable rules and regulations as may be lei
a. ssry to prevent unnecessary blockade OF freigh
| any point ON the line of any railroad in the ST.
u. and to prevent unjust discrimination in
transportation OF freight and passengers on
IN raflroadS in this State; shall make reasonable
va lust rates OF charges for the of convey
any and all kinds of freight on said railroads,
D. | matter by whom owned or carried; and 81
make just and reasonable rules and regulatic
ne 10 be observed by said railroad corporations
he said railroads. TO prevent the giving or paying
any rebate or bonus, directly or indirectly. tn
py misleading sr deceiving the pub &c as to
real rates charged for freight and pas
gers; provided, said commissioners saan
a. diminish or restrict the right OF I
6e | roads aforesaid to charge for the conyerance
-, | transportation of freight which comes from
ny | goes bsyond the limits of the State, passing
", | rectly through without being put down within
re | State: and said commissioners shall establish
!, ! sonable maximum rates of transportation as il
| other cases upon freights and cars taken D hey
es | the limits of this State. and put down within
iv | State, and taken up within this state and car
"a | beyond its limits; provided thai said commits
ers may allow railroad corporations 10 en-
hu more per mile for transportation OF freight
us | cars for shorter than for longer distances
Sec IL. Be Il further enacted, That when, IN
opinion of railroad managers, the maximum
for the transportation OF freight or pessen
should be changed, or the consignor or eonsil
iy of freight desire change, they snail present
- application in writing 10 the said COMMISSION
y; setting out in full the desired change and the
an, sons Tor the same; and said commissioner
led hereby vested with authority TO establish all NJ
N aary rules and regulations By which such app
NO tion shall be heard and determined. and L
81 sueh changes 70 them may seem r1ght
zen proper in pursuance of the provisions OF this
:. from which there shall be no appeal.
Sec IL. Be u further enacted. That II knell o
my dutT of the Board of Railroad Commissioner
AN correspondence, convention or otherwise 70
=; fer with the Railroad Commissioner on
IL ststes for the purpose Of promoting leslsn
his which shal secure such uniform rates OF IrfL1
ncy tation in the same staleS, and from one sAte
= | or through another State a Will best sopsefs
Interests OF trade ana comh-Ice III l17
See. il. Be u further enacted, That 1t sasl