Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1883-02-01

pointed during the present session of the Gen
eral Assembly, the Governor shall appoint
them thereafter and report to the Senate at
it's next session; but the time until then shall
not be considered as part of the term of
office of said Commissioners respectively as
herein provided. The first appointments for
Railroad Commissioners under this Act shall
be made at the session of the General Assem-
bly next preceding the expiration of the term
of the present incumbent. Said Commission
ers shall take the oath of office provided by the
Constitution and the oath against duelng, and,
in addition thereto, shall take and subscribe
an oath that they are not either jointly or sever
ally or in any manner, holder OF the stock or
bonds or other obligations of any railroad
company. or that they or either Of. them are
interested in any way or manner IN any rail
road and the Commissioners shall not, during
their respective terms of Office, either jointly
or severally, or in any way be the holders OF
the bonds, stock or other obligations of any
railroad or the agent or employee of any rail-
road company, or have any interest in any
railroad, and shall SO. continue during the en-
tire period of said terms; and in any case any
Commissioner becomes disqualified in any way
he shall within ten days thereafter, remove
the disqualification or resign, and on failure
so to do the said office shall become ipSO .tdctO
vacant, and the Governor shall thereupon pro-
ceed to fill such vacancy in manner hereinbe-
fore provided. In any case of suspension the
Governor may fill the vacancy until the sus-
pended Commissioner is restored or removed {:
Provided, ho,Cerer, That until the first appoint
ment under this Act and the qualification of
the persons appointed Railroad Commissioners,
the present Railroad Commissioner shall
be invested with all the authority and shall
discharge all the duties of Railroad Com
missioner prescribed in this Act and this Act
shall in all respects apply to the said Railroad
Commissioner and to the Office of Railroad Com
missioner as if the said Railroad Commissioner
had been appointed under the provisions of
this Act Pr0rided, further, That no member
of the General Assembly shall ever be eligible
to All appointment as one Of the Commission
ers herein created during the term for which
he shall have been elected to the General AS
sembly.
SECTION G. That the following additional
Section be inserted in the General Statutes of
this State, to be known as Section 1451 a.:
The Commissioners appointed, as hereinbefore
provided, shall, as provided in the next Sec
tion of this Act, make reasonable and just
rates of charges for freight and passenger
tariffs, to be observed by all railroad COM
panies doing business in this State on the
railroads thereof shall make reasonable and
just rules and regulations to be observed by
all railroad companies doing business in this
State as to charges at any and all points for
the necessary handling and delivery of
freights shall make such just and reasonable
rules and regulations as may be necessary for
preventing unjust discrimination in the trans
portation of freight and passengers on the
railroads in this State shall make reasonable
and just rates of charges for use of railroad
cars carrying any and all kinds of freight and
passengers on said railroads, no matter 10y
whom owned or carried and shall make just
and reasonable rules and regulations to be
observed by said railroad companies on said
railroads to prevent the giving or paying of
any rebate or bonus, directly or indirectly,
and from misleading or deceiving the public
in any manner rs to the real rates charged
for freight and passengers, and said Commits
sioners shall have full power, by rules and
regulations, to designate and fix the difference
in rates of charges for freight and passenger
Transportation to bs allowed for longer and
shorter distances on the same or different
railroads, and to ascertain what shall be the
limits of longer or shorter distances.
SECTION 7. That the following additional
Section he inserted in the General Statutes
of this State, to he known as Section 1451 b.:
The said Railroad Commissioners are hereby
authorized and required to make for each OF
the railroad corporations doing business III
this State, as soon as practicable, a schedule
of just and reasonable rates of charges for the
transportation of passengers and freights and
cars on each of said railroads; and said
schedule shall, in suits brought against any
such railroad corporation wherein is involved
the charge of such railroad corporation for
transportation of any passengers or freight OF
cars, or unjust discrimination in relation there
4> don, fp1yn n1l re
State as sufficient evidence that the rates there
in fixed are just and reasonable rates of charges
for the transportation of passengers and
freight and cars upon the railroads; and said
Commissioners shall from time to time and as
often as circumstances may require, change
and revise said schedule. When any schedule
shall have been made or revised, as aforesaid,
it shall be the duty of said Commissioners to
cause publication of the fact to he made once
week for three successive weeks in some
newspaper published in the cities of Charleston,
Columbia and Greenville in this State, and
that copies thereof may be had upon appica-
tion therefor to the Railroad Commissioners
and after the same shall be so published it shall
be the duty of all such railroad companies to
post at their respective stations, in con-
spicuous place, a copy of said schedule Tor the
protection of the people: Provided, That the
schedule thus prepared shall not be taken as
evidence, as herein provided, until such
schedule shall have been prepared and pub
lished, as aforesaid, for all the railroad COM
panies now doing business in this State, or
that may be doing business at the time Of said
publication. All such schedules purportlng
to be printed and published, as aforesaid, shall
be received and held in all such suits as lri1na
fucie the schedule of said Commissioners with
out further proof than the production OF the
schedule desired to be used as evidence, with
a certificate of the Railroad Commissioners,
or the Clerk thereof, that the same is true
copy of the schedule prepared by them for the
railroad company OF corporation therein nam
ed and that the same has been duly published
as required by law, stating the name of the
paper in which the same was published, togeth-
er with the date and place of said publication.
And copies of such schedules shall be printed in
plain, large type, and shall be kept always
accessible for public inspection i'll at least
two places in every depot where freights are
received and delivered.
SEC. s. That the following additional
Section he inserted in the General Statutes OF
this State, to be known as Section 145lc: 1t
shall be the duty of the said Commissioners
to investigate the books and papers OF all the
railroad companies doing business in this
State to ascertain if the regulations afOre-
said have been complied with, and to make
personal visitations of the railroad offices,
stations and other places of business, for
the purpose of examination, and to make
rules and regulations concerning such exanl-
nation, which rules and regulations shall be
observed and obeyed as the other rules and
regulations aforesaid: said Commissioners
shall also have full power and authority to
examine all agents and employees of said rail
road companies and other persons under oath,