The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-02-22
A BILL
To be Eatitled an Act 10 Provide for
the Further Regulation Of
Railroad Companies in the State OF
Texas, by Creating
A Railroad Commission and the Office
OF State Engineer, and
Prescribing Powers and Duties Of Each.

was introduced in the senate by Mr.. Terrell
on February l6, 1883, referred TO the com
mittee on internal improvements and lO'
copies ordered printed
Be II Enacted by tho Legislature OF the State o.
Texas
SEcrloE /. That there Is hereby created 0
tribunal, to consist Of three persons, which
shall beknown as ''the railroad commission
for the state OF Texas" who shall be ap
pointed by the governor, TO hold their office
Tor two years from the first day OF February
1883 and who shall thereafter he appointed
by the governor, with the advice and con.
sent OF the senate biennially. One of SAID
commissioners shall be familiar with the
business at railroad transportation, one
shall be interested in aud familiar with
agricultural pursuits, and the third shall be
selected by the governor from any depart
ment of life with reference 10 his fitness for
the position. Neither of said commission.
ers shall be interested Ia any railroad prop.
erty in or out Of Texas, or in any other pub
lie transportation enterprise.
Sec. 2 Each Of said commissioners, be-
fore entering upon the duties of his Office,
shall take and subscribe the oath required
by the constitution 10 be taken by officers
OF this state, and in addition thereto shall
swear that he is not interested, directly or
indirectly, in any railroad or trans.
portaiiul enterprise, ana that he is not
connected Herewith as employe or officer,
which oath, being reduced TO writing, shall
be filed with the secretary OF state
Sec 3. said commissioners shall receive
The sum of So, $50 per annum, as Il salary to
be paid monthly when desired. They are
authorized TO employ secretary, who shall
receive salary Of So 800 year, who shall
take aud in like manner cause to be filed
the same oath required of the railroad COM
s....s IL.
their office at the capital of the state, and
they shall have u seal of office, in which
shall be engraved the words; The railroad
commission OF the state ri Texas" the inn
press OF which shall be affixed to all official
documents emanating from the commission,
aud wulch shall be signed by the presiding
member of the board TO he selected by
them The secretary shall keep faithful
register Of all the official acts and proceed.
iDgs of the committee.
Sec L. 1t shall be the duty of the railroad
commission to make diligent inquiry cor
corning the manner in which railroad COM
panies observe the laws of this state, enact
ed for their regulation, and to this end they
may cause witnesses to be summoned and
compel their attendance by attachment be-
ing for this purpose only, and for the pur-
pose OF compelling witnesses to testify and
OF procuring testimony, invested with the
powers of n court of general jurisdiction,
They shall receive, file and investigate all
charges presented by any citizen charging
any railroad company with violation Of
law, IL shall be the duty of said commits
sioners to inquire into the gross and net
earnings of all railroads, the cost of their
construction, the expenses incident to their
management and operation. the amount Of
stock outstanding, the bonds given to Sc
cure their indebtedness and the rate of in
terest thereon the rate of freight and pas
senger transportation collected per mile,
lie amount received on each road in ope-
ration when the passenger rate was cents
per mile, Tor the year preceding the passage
Of the law reducing the rate, and the
amount received within the first twelve
months after the passage of the law re.
duUing the passenger rate to cents
per mile, and the amounts received in
gross aud per mile; the propriety of in
creas!ng or reducing the freight on particu.
lar articles OF commerce, and on passenger
rates, and for how long a period of time
without the necessity Of change Of rates
the same may be sateiy done; whether un-
just determinations are made against local..
ties or individuals by any railway com.
pany whether railway companies owning
intersecting roads, are moving promptly IN
the interest of the public the freight trans.
ported by one road to another, and they
shall from time to time report the result of
their investigations to the governor of the
STATE. with recommendation for such legis-
latlon as will insure justice to the public
aad the railroad companies alike, and
like report shall be made to the attorney,
general, whenever, in the opinion of the
commissioners, q grievance, resulting from
violation of law. requires n suit by the
state,
Sec. D. Whenever information, in writ.
ing, is given to said commissioners, which
is deemed by them reliable, that any rail.
way company in this state has violated any
Of the provisions OF the laws of this state,
providing for the transportation of passcn.
ger or freight, or unjuslly discrininates in
rs charges for transportation against any
person or place in Texas, or is guilty OF ex-
tortion in its charges for the transportation
otpasscngers or freight, they shall give no.
tice III writing TO such corporation Of the
timony offered by the complainant or
hc company they shall give notice to said
company and tho complainant Of their
decision respecting the same, and If tie vic.
isNiou OF law has been wilfully committed
Ay the company, or Is continued after notice
given that it should cease the commits
boners shall report the facts TO the attorney
general who shall cause proceedings to b,
Instituted against the company for sucl
penalty as the law may authorize.
Parties iii ng complaints and the railroad
Companies, may both be heard before tn
commission by counsel, and testimony maN
BIO submitted by both in all cases the wit
Nesscs shall testify before the commission IL
person and their testimony shall be writer
down aud preserved, and witnesses testify
ing at their instance or that of complain
mt shall receive three cents per mil
for each mile Travelled In going Il
a,id returning from the place the.
may testify, to be paid on the certificate {
the presiding member Of the commission
but the commissioners may, In their discrt
ton, permit testimony TO be reduced I
HitlnG aud transmitted to Them by mai
Notice OF complaint shall be under til
seal OF the commission, and signed by th
secretary thereof, and mailed to any Office
4 the prircipal office in Texas of the con
pany complained of. Such notice shall de,
knatc the time and place when the cou
paint will be heard, which shall not be les
Than ten days nor moro than twenty day
from the date OF filing the complain
Notice of the decision on any complain
shall DO signed by the presidipg member
the commission, a,tested by the seal Of I'll
commission, and mailed TO both partie
The meeting OF the commission shall /
public, and the record of their proceeding
Seil always be open to Inspection.
In all cases where the commission shall |
II opinion that an unjust discriminate
hps been made az TO freight charges, al
the same Is not after notice promptly di
continued, or ifthey are OF opinion that
was made by the company In wiliul disr
gard Of law their opinion shall also be pu
lished at the discretion OF the governor |
four successive weeks In at least thr