Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-03-09

pertain to courts OF law In this State, and any
person who may wilfully obstruct said
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 duty shall be deemed
on conviction thereof, to q fne not exceeding
81, 600 in the discretion of the court; the costs
of such subpGnas and investigation to be first
paid by the State, on the certificate Of said
Commissioners.
I Sectioue. II shall be the duty of any railroad
corporation, when within their power to do SO.
and upon reasonable notice, to furnish suit
able cars to any and all persons who NAV
apply therefor for the transportation of any
and all kinds of freight, and to receive and
transport such freight with all reasonable
dispatch, and to provide and keep suitable
facilities for the receiving and handling of the
same at any depot ON the line of its road 8 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 discharged, or reloaded and re-
turned to the road so connecting: and for
compensation It shall not demand or receive
any greater sum than Is accepted by it from
any other connecting railroad for similar
service. lss
Section 10. No railroad corporation shall
charge, demand or receive from any person,
company or corporation for the transporta-
ton of persons or property or for any other
service, a greater sum than it shall at the
same time charge, demand or receive from any
other person, company or corporation for a
like service from the same place or upon like
condition or under similar circumstances, and
all concessions OF rates, drawbacks and con-
tracts Tor special rates shall be open to and al
lowed all persons, companies and corporations
alike, at the same rate per ton per mile by
car load, upon the condition and under sim.i
liar circumstances unless BY reason of the
extra cost OF transportation per car load from
different point the same would be unreason-
able and inequitable, and shall charge no
more for transporting freight from any point
on its limo than just and fair proportion of
the price it charges for the same kind of
freight transported from any other point. .n
Section IL. No railroad company or other
corporation engaged in the transportation of
freight, shall charge, demand, or receive from
any person, company, or corporation, an I'M
reasonable price for the transportation of
property, or for the hauling or storing of
freight, or for the use of its cars, or for any
privilege or services affordedb by it in the trans
action OF its business as railroad corporation.
And upon complaint in writing made to the
Board of Railroad Commissioners that an I'M
reasonable price has been charged, such
Board shall investigate said complaint, and IL
sustained shall make q certificate, under their
seal, setting forth u reasonable charge for the
service rendered which shall be prima facie
evidence OF the matters therein stated. And
| any greater charge demanded and received by
said company or eorporation. shall be deemed
| an extortion within the meaning Of this act
Section IL. 1t shah be unlawful for any
| railway. company to make any contract or
enter into any stipulation with any other rail-
road company running in the same general
| direction by which either company shall di-
rectly or indirectly agree to divide in any man
! ner, or proportion, the joint earnings upon
the whole, or any part of the freight trans
ported over such roads, and any violation of
| hall b.
pany violating the same, liable to a penalty of
| $4,000 for each month for which such earnings
are divided,i to be recovered for the use of the
| common school fund in the name of the State.
| Section 13 No railroad company shall be
permitted, except as otherwise provided by
regulation or order of the Board, to change or
limit its common law liability as common
! carrier by any contract or in any other man.
ner, except by contract whose terms shall DO
| printed or written, which shall be signed by
1 the owner or shipper of the goods or property
to be carried and the printed parts of such
contract shall be of even type, not smaller
than long primer.
Section IA. In all cases where complaint
shall be made in accordance with the pro-
visions of section Is, hereinafter provided,
that an unreasonable charge is made, or that
the rates charged for freight are unjust, I'M
reasonable and extortionate, and the Board
shall find such complaint to be true, they shall
require modified charge for the services rem
dered, such as they shall deem to be reason
| able and shall certify their finding to the
managing officers Of the road against which
such complaint is made, and the rates so de-
termined by the Board to be reasonable shall
be by the railway company accepted, whereby
schedules shall be posted up in a 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 oil actions arising in
! any court in this State, be taken to be reason
able compensation for the services for which
| they are provided, until the contrary is
| proven, and all compensation demanded or re-
ceived by any such railway company in excess
! of the rates so demanded by the Board shall
| in any such action be taken TO be unjust, un-
reasonable until the contrary is proved. All
cases of a failure to comply with the recon-
incubation of the Board OF Commissioners
| shall be embodied m the report OF the Com
missioners to the Governor, and the same
! shall apply to. any unjust discrimination, ex.
| tortion or over-charge by said company, OF
! any other violation of this act by said com.
/ pany.. 'us .@
Section -. Any person, partnership, oil
/ corporatiQp engaged IN business, other than
| that of common carrier, may own or lease
| railroad cars, and may load and bill the same
to any railroad point, and all railroad com.
panies and connecting lines to whom any such
car is delivered, shall receive and transport
the same, with all reasonable dispatch, to.
4 wards its destination; provided, that such cars
4 shall be constructed In conformity to the
rules and regulations OF the company to which
such application is made, and for such COM
pensation as may be fixed by the Commission
ers, and having arrived at its destination it
shall be unloaded, and shall be, unless other
wise ordered by such shipper, returned to its
starting point with like dispatch, and shall
not beJieyiated from its route, and shall be in
all respects handled the same a car belong.
ing to any railroad company provided, that il
may be by said railroad company reasonably
1 loaded upon its return trip and the owner be
allowed a reasonable sum for its use, and such
owner shall be responsible for all necessary
repairs.
Section 16 Neither said Board of Railroad
Commissioners nor any railroad company shall
| raise the charge for transportation of freight
on any railroad without first giving sixty days
public notice of such change in such manner
as the Commits sioners shall determine.
Section IL. Upon the occurrence OF any
serious accident upon railroad which shall
result in personal injury or loss of life. the
corporation operating the road upon which
the accident occurred shall give Immediate
notice thereof to the Commissioning, whose
duty it shall be, if they deem it necessary, K
Investigate the same, aud promptly report X
the Governor the extent OF the personal in
juries or loss of life and the cause thereof, an(
whether the same was the result ofymisnan
agenent or neg cot of the corporation OF
whose line the injury or loss Of life occurred
| Provided. That such report shall not be evi
dence or referred to in any caseiu'eourt.
Section IS. 1t shall be the duty OF sail
Commissioners, upon the complaint and ap
piication of the Mayor and Council Of an
r city. or the Trustee of any township to max
anlexzmination OF the rate of the freight TART
charged by any such company, and Of the con
u ditipn or Operation of any railroad, any par
OF whose location lies within the limits O
II such city or township; and il twenty-five 0
more legal voters of any city or TOWNSHIP
seal, by petitionIin writing, request the Mayo
> and Council Of such CITY, or the Trustee o
isuch. township, TO make the said complain