The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-04-12
HON. C. r. GIBSON'S SUBSTITUTE
RAILROAD BILL.

An engineer experienced in the construction
aud maintenance of railways, who shall be
state engineer, who shall hold his office for
| two years, or until his successor is qualified,
but shall be subjectt 10 removal by the governor
at any time In case OF removal the governor
! may appoint a successor until the meeting OF
| the next legislature, when said appointment
shall be submitted to the senate for approval.
Sec. 2. The state engineer shall receive an
annual salary of three thousand dollars. In
travelling upon the line of any railway in this
state, in the discharge OF his duties, he shall
also be entitled TO charge for the actual
amount paid out for railway fare and travelling
! expenses, ill no case to exceed four dollars per
day in excess of railway fare paid; and should
any railway company voluntarily provide said
| state engineer with free transportation over
its line, he shall be authorized to accept the
same in behalf OF the state, and shall not
charge the state the amount which would 9th
| erwlSe be paid for such transportation. He
shall, in his report, state the amount paid by
him for transportation on each railway line in
the state, also what railway lines have pro-
| VIded him with free transportation.
See. 3. The Office of the state engineer shall
be i'll the capitol building i'll the city of Austin,
IN rooms to be designated by the secretary of
! state. There shall be allowed the state engi-
necr for office furniture, stationery, postage,
and other office expenses, one thousand dol
| lars perannum The state engineer shall ell
plOy secretary, who shall be a competent
l'draltSman, and perform such duties as may
be required by the state engineer. These ere
/, taTy OF the state engineer shall receive Sala-
II ny of fifteen hundred dollars per annum. The
II salary of the state engineer and his secretary
u shall he paid monthly from the state treasury.
AL vouchers for travelling and Office expenses
OF the state engineer and his secretary, shall
e paid upon certified vouchers approved by
| the governor.
Sec. !. Before entering upon the duties of
his ONCE, the state engineer and his secretary
each shall subscribe 10 the following OATH in
| addition to the usual oath of office: And |
do further swear Tor affirm that am not con-
nected officially or otherwise, with any rail
road company or transportation line, either
within or outside of this state, and that am
not stakeholder, or in any manner interested
| i'll any railroad company or transportation
line whatever, so help me God
| Sec. .. The state engineer shall perform
such duties as are now, or may hereafter be
prescribed by law, and shall twice each year.
and at such other times as he may deem il
necessary, carefully inspect the railroads in
this state, and keep himself informed of the
condition of the same, aud manner in which
| they are operated, with the special reference
to the safety and proper accommodation of
! The public, which inspection shall include the
condition of road bed, track and bridges;
character and condition of cars, station houses,
platforms and other facilities incident to trans
pOrtatiOn business. Should such inspection
| indicate a noncompliance with the law on the
| part of any railroad, such noncompliance
| shall be presented in proper and official form
| to the attorney general, who shall proceed TO
/ investigate and enforce penalty for dereiictiOn,
according TO existing statutes, or as herelnaf-
| ter provided
See. 6. The engineer shall, on the first day
| of December OF each year, make report to
| office, and especially report upon the inSpec-
ton Of all the railroads i'll the state. and lie
shall incorporate IN said report any sugges-
| tons lie may have TO make i'll regard 10
| changes in existing laws connected with the
management and control OF railroads i'll this
state. He shall also, whenever required by
| the governor, make special report Of the i'll
! spectiOn authorized and required under this
act of any railroad i'm this state.
THAT the said engi:2as.f- prepare anu
| transmit. ltS- tile~neXt legislature a complete
| trellrnI classification and schedule of rplSOn-
able maximum rates for freight tranSpOrt;-
ton for each of the railroads operated in this
state, and copies Of the same shall be furnish
ed to the members of the nineteenth legisla-
ture thirty days before the meeting OF the
said legislature.
See. !. Be it further enacted, That charges
| for transportation on each class or kind OF
| freight, moving i'll the same direction, shall be
| uniform, and any unjust discrimination III the
| rates or charges for the transportation Of any
! freight made against any person or place Oh
| any railroad operated i'll this state, Is declared
/ To be unlawful. If amy railroad corporation
| shall wilfully charge, collect or receive from
any person. or persons for the transportation
| Of any freight upon its railroad. a higher or
| greater rate OF toll or compensation than ii
| shall charge, collect or receive from any other
person or persons, for the transportation of
! the like quantity of freight of the same class,
being transported from the same point in the
| same direction, over equal distances OF the
| same railroad, or II ii shall charge,
collect Or receive frO~n any person, or
persons, for the use and transportation of any
| or greater sum than il shall charge, collect or
receive from any other person, or persons, for
| the use or transportation of a car, or cars, of
| the same class for like purpose, from the
same point in the same direction, and an equal
| distance; o. II any railroad company shall
charge more for transporting freight of the
same class, in equal or less quantities over its
road, for the same or less distance, than it
charges another for the same or greater dis
tance, all such discriminating rates, charges
| or collections, whether made directly or by
means OF any rebate, or other Shift or evasion,
| shall be considered and taken as prima facie
evidence of eXtortion and unjust discrimina-
| unlawful, and any railroad company or COM
panieS, for such violation OF law, shall forfeit
thereby the sum of five hundred dollars, to be
recovered before any court having jurisdiction
OF the amount, in any county through or into
which the freight may have been transported.
| Every railroad company or corporation do
ing business in this state shall hereafter be re-
quired to keep posted at conspicuous place
at all depots, a printed or written schedule of
its freight charges from its principal office or
place OF business to all depOts on its line or
| lines of road within this state
Such schedule shall specify the different
classes or kinds of freight, with an enumera-
| ton of the articles belonging to each class per
car load, and the charge for each class per
hundred pounds in quantities less than car
loads. Ii shall be unlawful for any railroad
| company to change such freight tariffs without
| giving five days notice TO the public in the
manner above required, and it shall be the
/
| furnish its station agents with the written or
| printed notices herein mentioned, at least five
| days before any changes are to take effect.
| Any railroad company violating any of the
provisions of this act shall, for every five days
1t neglects to furnish the notices herein re-
quired to any of its station agents, forfeit the
| sum OF five hundred dOllarSstO the county in
| which the depot is situated. to be recovered i'll
any court having competent jurisdiction, said
amount. when recovered, to be used for road
and bridge purposes.
1t shall be the duty of every station agent of
the railroads of this state, upon being fur
nished with the printed or written notices
i mentioned in the foregoing, to post the same
| in some conspicuous pl ce i'll his depot build
| ings, and keep them posted until the changes
| proposed take effect. Any station agent fail
| ing or refusing to post up said notices within
| two days after the same shall have been
| furnished him, or falling to keep the same
p, sted, as herein required, shall be deemed
| guilty of misdemeanOr, and upon conviction
| of the same before any court having proper
| jurisdiction, shall be fined not less than
| twenty-five dollars and not more than one
| hundred dollars. The road of such company
shall include all the road i'll use by such COM
pany, whether owned or operated under con-
| troll or lease.
| Provided, that nothing herein contained
shall be construed to repeal article 4257 OF the
revised civil statutes, prescribing maximum
rates and prohibiting Determinations.
See s. Where railroads. within this state.
receive goods for transportation into their
| them in the order in which they are received;
the first received to be the first forwarded,
without giving the preference to one another;
and i'll case a failure TO do so they shall be
| liable for all loss occurring while the goods
remain, and for all damage oceasioned
or in any wise resulting from de,
| lay; provided, that the trip or voyage shall
| be considered as having commenced from the
| time of the signing OF bill OF lading, and as
having ended upon the arrival OF freight at
| point of destination, and written notice served
upon the cOnSignee that it is ready for deliv
| cry upon payment of freight and charges. 1t
| is further provided that should the eOnsignee
| of the goods fail to receive them promptly, af-
| ter such notice is served, the liability of the
railroads thereafter shall be the same as that
| of warehouSemen.
in this state shall be three cents per mile, with
an allowance of baggage to each passenger,
| not to exceed one hundred pounds in weight
provided, however, that where the fare is paid
! per mile, except from stations where no tick
cts are sold, and that the minimum charge in
no case shall be less than twenty-five cents
and provided, further, that when thepassen-
| ger fare does not end in five or naught, the
nearest sum so ending shall be the fare.
" Provided further, that in no case shall
children under ten years OF age be charged
higher rate of fare than two cents per mile;
provided, further, railroads shall be required
| TO keep their ticket Offices open for half an
| hour prior to the departure of trains. and upon
| failure to do so, they shall not charge more
than three cents pere mile.
Sec. 10. That direct and prompt remedies
| may be had and penalties enforced in case OF
| violation of any laws herein named, 1t Is made
| the special duty of the attorney general,
whenever information is filed with him by the
| state engineer, or any other persons, that any
any provision of the laws of this state, prOvid-
| ing for the tranSDOrtat on of passengers or