The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-15

$500 per annum. The salary of the
state engineer and his secretary shall
be paid monthly from the state treas
ury. All vouchers for travelling and
Office expenses of the state engineer
and his secretary shall be paid upon
certified vouchers approved by the
governor.
Sec. 4. Before entering upon the
duties of his office, the state engineer
and his secretary each shall subscribe
to the following oath, in addition to
the usual oath of office: And l do
further swear Tor affirm that | am
not connected, officially or otherwise,
with any railroad company or trans
portation line, either within or out
side of this state, and that am not a
stakeholder, or in any manner inter-
ested in any railroad company or
transportation line whatever, so help
me God"
Sec. 3. The state engineer shall per-
form such duties as are now or may
hereafter be prescribed by law, and
shall, twice in each year. and at such
other times as he may deem it neces-
sary, carefully inspect the railroads in
this state, and keep himself informed
of the condition of the same, and
manner in which they are operated,
with the special reference to the
safety, and proper accommodation of
the public, which inspection shall in
clude the condition of road-bed, track
and bridges, character and condition
of cars, station houses, platforms, and
other facilities incident to transpOr-
tation business. Should such inspec-
ton indicate noncompliance with
the law on the part of any railroad,
such noncompliance may be presented
in proper and official form to the at
torneY general, who may proceed tn
investigate and enforce penalty for
dereliction, according to existing stat
utes, or as hereafter provided.
Sc. 8. The state engineer shall, on
the first day of December of each
year, make report to the governor,
of all matters pertaining to his office,
and especially upon the inspection of
all the railroads in the state, and he
shall incorporate in said report any
suggestions he may have to make in
regard to changes in existing laws
connected with the management and
control of railroads in this state. He
shall, whenever required by the gov
ernor, make special report of the in
spection authorized and required I'M
der this act of any railroad in the
state.
Sec. Z. Be it further enacted by
! the Legislature of the State of Texas,
That charges for transportation on
each class or kind of freight moving
in the same direction shall be uni
form, and any unjust discrimination
in the rates or charges for the trans
portation of any freight made against
any person or place, on any railroad
operated in this state, is declared to
be unlawful. If any railroad corpor-
alton shall willfully charge. collect,
or receive from any person or persons,
for the transportation of any freight
upon its railroad, higher or greater
rate of toll OF compensation than it
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 trans
ported from The same point in the
same direction, over equal distances
of the same railroad; or if it shall
charge, collect, or receive from
any person, or persons, for the
use and transportation of
any railroad car, or cars, upon its rail-
road. a higher or greater sum than it
shall charge, collect, or receive from
any other person or persons, for the
use or transportation of any car or
ears of the same point in the same
direction, and an equal distance, 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 us prima facie evidence of eX-
tortion and unjust discrimination,
which is hereby prohibited and de-
clared unlawful. And any railroad
company, or companies, for such vio-
lation of law shall forfeit and pay to
the person or persons injured 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.
Sec. 8. Where railroads within this
state receive goods for transportation
into their warehouses or depots, they
shall forward them in the Or
der in which they are received.
The first received to be the first for
warded, without giving the preference
to one over the over; and in case of
failure to do so they shall be liable for |
all loss accruing while the goods re-
main, and for all damage occaSiOned |
or in any wise resulting from delay; |
provided, that the trip or voyage |
shall be considered as having COM |
menced from the time of the sign |
ing of bill of lading and as having
ended upon the arrival of freight at |
point of destination, and written no |
tice served upon the consignee that it |
is ready for delivery upon payment of
freight and charges. 1t is further
provided that should the consignee of
the goods fail to receive them prompt |
ly after such notice is served, the liza
bility of the railroads thereafter shall
be the same as that of warehousemen.
Sec. 9. The passenger fare upon all
railroads in this state shall be three
cents per mile, with an allowance of
baggage to each passenger not to ex-
coed one hundred pounds in weight;
provided, however, that where the
fare is paid to the conductor the rate
shall be four cents per mile, except
from stations where no tickets are
sold, and that the minimum charge in
no case shall be less than twenty-five
cents; and provided, further, that
when the passenger fare does not end
| in five or naught, the nearest sum so
ending shall be the fare.
Sec. 10. That direct and prompt
remedies may be had, and penalties
enforced in case of violations of any
laws herein named, it is made the spe-
cial duty of the encouragement,
whenever information is filed with
him by the state engineer, or any
other persons, that any railroad COM
pany in this state has violated any
provision of the laws of
this state, providing for the
transportation of pas 7engers or
freights, or is unjustly discriminating
in its charges for transportation
against any person or place in the
state, or is guilty of extortion in its
charges for transportation of passen-
gers or freight, or for improper con-
dition,of road bed, track, bridges or
other Structures, cars, station houses,
4 or platforms, to give ten days notice,
in writing, to said corporation, of
such complaint, and after an investi-
CATION OF the matter, he may proceed
to determine whether the matters
complained of are violations of the
J law, and shall give notice to said COM
pany of his decision respecting the
same; and if any such violation of the
law Is continued after the railroad
company is so notified, or if the actual
damage is not paid to the party ag-
J grieved within ten days after such
4 \.