The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-03-08
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managing officer of each railroad or |
importation company doing business /
"a thts state shall annually make 20 the |
said commissioners, on the 10Th day of |
September, each year, such returns, in |
the form which they may prescs tie. as
viii afford the information required for
their said official reDort; sucn returns
shall be verified by the oath OF the OIL
Ger making them; and any corporation
herein named whose return shall not he
made as herein prescribed, by the 18th
day of September, shall be liable to
penalty of one hundred dollars for each
and every day after the 10th dav of Sep
TENDER that such return shall be wilIiul-
ly delayed or refused.
SIC. s. The SAID commissioners shall
have power, IN the discharge of the du-
ties OF their Office, to examine any OF
the books, papers, or documents of any
such corporation, or TO examine under
oath or otherwise any officer, director,
agent or employe-of any such corpora
ton, or any other person. The COM
missioners or either of them are en-
powered 10 issue subpenas and admin
lister oaths IN the same manner and with
the same power 10 enforce obedience
thereto in the performance of their SAID
duties as belong and pertain TO courts of
record in this state; and any person
who may wilfully obstruet said com
missioneTs IN the performance of their
duties, or who may refuse to give any
information within his possession that
may be required by said commissioners
within the line of their duly shall be
deemed guilty of a misdemeanor, and
shall be liable, on conviction thereof, tn
a fine fiut exceeding one thousand dol
k.V5 tf,s a. r.rg -.
costs of such subpnnas and inyestiga-
tion TO be first paid by the state, on the
certificate of said commissioners.
SEC o. 1t shall be the duty of any
railroad company when within their
power TO do so, and upon reasonable no.
lice, TO furnish suitable cars to any and
all persons who may apply therefor, for
the transportation of any and all kinds
of freight, aud TO receive and transport
such freight with all reasonable dispatch,
and TO provide and keep suitable rScil-
itIes for the receiving and handling OF
the same at any depot on the line OF its
road; and, also, to receive and transport
in like manner, the empty or loaded cars
furnished by any connecting road TO be
delivered at any station or stations on
the line of its road, TO be loaded or dis
charged, or reloaded and returned to The
road so connecting; and for compensa-
ton IT shall not demand or receive any
greater sum than is accepted by it from
any other connecting railroad Tor sim
liar service.
SEC. 10. No railroad company shall
charge, demand or receive from any
person, company or corporation for the
transportation af any property or for
any other service, "a greater sum than it
shall at the same time charge, demand
or receive from any other person, COM
papy or corporation for q like, service
from the same place, or upon like cen
dition and under similar circumstances,
and all concessions rates, drawbacks,
and contracts for special rates shall be
open 10 and allowed all persons, compa-
MES and corporations alike, nor shall it
charge more for transporting freight
from any point on its line than q fair
and just proportion of the price 1t charg.
es for the same kind of freight trans
ported from any other point
SEC. Il. No railroad company shall
charge, demand, or. receive from any
person, company or corporation, an IN
reasonable price for the transportation
OF persons or property, or for the haul
ing or storing of freight, or for the use
of its cars, or for any privilege or service
business as q railroad company. And
upon complaint in writing made to the
board nf railroad commissioners that an
unreasonable price has been charged,
such board shall investigate said com
plant, and if sustained shall make a
certificate, under their seal, setting forth
what is reasonable charges for the ser
vice rendered, which shall be primo
fdcie evidence of the matters therein
stated. ~And any greater charge de
manded or received by said company
shall be deemed an extOrtiOn within the
meaning of this act.
SEC IL. II shall be unlawful for any
railroad company to make any contract
or enter into any stipulation with any
other railroad company running in the
same general direction by which either
company shall directly or indirectly
agree to divide in any manner, or pro
portion, the joint earnings upon the
| whole, or any part of the freight trans.
ported over such roads, and any viola
tiOn OF this provision shall render the
railway company violating the same
liable t. penalty of $4,000 for each
month for which such earnings are di-
vided. To be recovered for the use of the
| common school fund IN the name of the
state.
SEC. 49, No railroad company shall
be permitted, except as otherwise pro-
vided by regulation or order of the
board 10 change or limit its common
law liability as q common carrier. All
railroad companies shall on demand, is
sue duplicate freight receipts - ship
pers, IN which shall be stated the class
or classes of freight shipped, the freight
| charges over the road, giving the receipt
and 50 far as practicable shall state tho
freight charges over other roads that
carry such freight, and when the con-
signee pre- sents 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 freight mention
ed in the receipt.
SEC. II In all cases where complaint
shall be made IN accordance with the
provisions of section Is, hereinafter pro
vided, that an unreasonable charge Is
made or that the rates charged FOL
freight are unjust, unreasonable or ex
toriionate, and the hoard shall find such
complaint to be true, they shall require
4 modified charge, for The service ren
dered, such as they shall deem TO be
reasonable and shall certify their find
ing 10 the managing officer Of the road
against which such complaint is made
and the rates so determined by the board
to be reasonable shall be by the rail
road company accepted thereby and
posted up in conspicuous place in
| each depot on the line of its road that
may be designated by said board, and
such rates so found, shall, IN all
actions arising in any court in this
state, be taken to be reasonable CON-
pensation for the services for which
| they are provided, until the contrary is
proven, and all compensation demanded
or received by any such railway com.
| pany in excess OF the rates so deter
mined by the board shall in any such
action be taken to be unjust unTeason,
able and extortIonate until the contrary
is proved. All cases of a failure 10
comply with the recommendation of The
| board OF commissioners shall be en-
bodied in the report of the board oil
| commissioners 10 the governor, and the
same shall apply 10 any unjust discrim
| iuation, eXtortion or overcharge by said
| company, or any other violation of this
act by such company.
SEC. ID. Any person, partnership OF
| corporation engaged IN business, Other
than that of 4 common carrier, may OWE
or lease railroad cars, and may load and
] bill the same to any railroad point, anC
all railroad companies aud connecting
lines tn whom any such car is delivered
shall receive and transport the same
with ell reasonable dispatch, To-
wards its destination, provided that sucl
cars shall lie constructed in conformity
TO the rules and regulations of the com
pany to which such application is made
! and for such compensation n
may be fixed by the commIs
sioners, and having arrived at It's desii
nation il shall be unlaaded and shall be
| unless otherwise ordered by such ship
per, returned TO lis starting point witt
| like dispatch, and shall not be deyiatet
from its route, and shall be in ali re
! spects handled the same as a car belong
| ing to any railroad company, preceded
that it may be by said railroad company
reasonably loaded upon its return triI
and the owner be allowed reasonable
sum for its use, and such owner shall
be responsible for all necessary repairy