Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-03-15

the officer making them; and any corporation
herein named whose return shall not be made
as herein prescribed, bv the fifteenth day of
September, shall be liable to penalty of 500
for each and every day after the sixteenth day
OF September that such return shall be wilful-
" delayed or refused.
Section s. The said Commissioners shall
have power, in the discharge OF the duties of
their Office, to examine any of the books,
papers or documents of any such cor
Poration or to examine under oath or other
wise any officer, director, agent or emplOye of
any such corporation, or any other person.
The Commission rs or either of them are en-
powered to issue subP9nas and administer
oaths IN the same manner and with the same
power to enforce obedience thereto in the pei
Torrance OF their said duties as belong and
pertain to courts OF record in this State, and
any person who may wilfully obStruSt said
commissioners in the performance of
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
guilty of a misdemeanOr, ana shall be liable,
on conviction thereof, 10 a fine not exceeding
Sl,OOO, in the discretion OF the court; the costs
of such subpenaS and investigation to be first
paid by the State, on the certificate of said
Commissioners.
Section 9. 1t shall be the duty of any railroad
company, when within their power to do so,
and upon reasonable notice, to furnish suit
able cars to any and all persons who may
apply therefor for the transportation of any
anu ali klnUS OF freight ana TO receive ana
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; 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 it's road, to be
loaded or discharged, or reloaded and
turned to the road so connecting; and for
compensation it shall not demand receive
any greater sum than is accepted by it from
any other connecting railroad for a similar
service.
Section 10. No railroad company shall
charge, demand or receive from any person,
company or corporation for the transpOrta-
ton OF any property or for any other
service, 4 greater sum than it shall at the
same time charge, demand or receive from any
other person, company or corporation Tor a
like service from the same place, or upon like
condition and under milar circumstances, and
all concessions of rates, drawbacks and con-
tracts for special rates shall be open to and al
lowed all persons, companies and corporations
alike, nor shall it charge more for
trans yorting freight from any point on its
line than a fair and just proportion of the
price it charges for the same kind of freight
transported from any other point.
Section H. No railroad company shall
charge, demand, or receive from any person,
company, or corporation, an unreasonable
price Tor the transportation of persons or
property, or for the hauling or storing OF
freight or for the use of its cars, or for any
privilege or service afforded by it in the trans
action OF its business as IA lroad company.
And upon complaint in writing made 10 the
Board of Railroad Commissioners that an un-
reasonable price has been charged, such
Board shall investigate said complaint, and if
sustained shall make a certificate, under their
sel, setting forth what is a reasonable charge
for the service rendered, which shall be prima
facie evidence OF the matters there stated.
And any greater charge dem inded and re-
ceived by said company shall be deemed an
eXtOrtiOn within the meaning of this act.
Section u. 1t shall be unlawful for and
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
ncr, or proportion, the joint earnings upon
the whole, or any part OF the freight trans
ported over such roads, and any violation OF
this provision shall render the railway COM
pany violating the same, liable to penalty of
50, Goo for each month for which such earnings
are divided, to be recovered for the use of the
common school fund in the name OF the State.
Section ID. 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 a common
carrier. All railroad companies shall on de-
mand issue duplicate freight receipts to ship
pers, in which shall be stated the class or
classes of freight shipped, the freight charges
over the road, giving the receipt, and so far
as practicable shall state the freight charges
over OULGF EOdSlS GldB carry SUCH llOiRuG, anu
when the consignee presents the railroad re-
ceipt to the agent of the railroad that delivers
such freight, such agent shall deliver the
articles shipped on payment OF the rate
charged for the class of freightS mentioned in
the receipt.
Section A. In all cases where complaint
! shall be made in accordance with the pro-
Wis ons of section IS, hereinafter provided,
| that an unreasonable charge is made, or that
| the rates charged for freight are unjust, I'M
reasonable or extortiOnate, and the Board
shall find such complaint to be true, they shall
| require modified charge for the service 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, there
| by, and posted up in conspicuous
place in each depot on the line of its road that
| may be designated by said Board, and sucf
rates so found shall, in all actions arising il
any court in this State, be taken to be reason
able compensation Tor the services for which
! they are provided, until the contrary ii
proven, and all compensation demandei or re
ceived by any such railway company in excess
of the rates so determined by the Board shall
IL any such action be taken to be unjust, IN
| reasonable and eXtornonate until the con
trary is proved. All cases of a failure Il
comply with the recommendation of tn
Board of Commissioners shall be embode'
in the report OF the Board OF Com
missioners to the Governor, and the SAM
shall apply to any unjust Determinations ex
tortiOn or over-charge by said company, o
any other violation of this act by such com
Pany.
Section IS. Amy person, partnership, o
corporation engaged in business, other thai
that of a common carrier, may own or leas
railroad cars, and NAV load and bill the sam
to any railroad point, and all railroad com
panies and connecting lines to whom any sucl
car is delivered, shall receive and transpor
the same, with all reasonable dispatch, to
wards its destination; provided that such car
shall be constructed in conformity to tn
rules and regulations of the company to whic
such application is made and for such com
pensation may be fixed by the Commission
ers, and having arrived at its destination !
shall be unloaded, and shall be, unless other
wise ordered by such shipper, returned to 1t
starting point with like dispatch. and shal
not be deYiated from its route, and shall be
all respects handled the same as car belong
ing to any railroad company; provided, that
may be by said railroad company REASONABLE
| loaded upon its return trip and the owner
! allowed reasonable sum for its use, and sue
owner shall be responsible for all necess2r
repairs.
Section 1G. Neither said Board of Railroa
Commissioners nor any railroad company sha
raise the charge for transportation OF freigh
on any railroad without first giving sixty day
public notice OF such change in such manne
| as the Comm ssioners shall determine.
Section II. ANY person, upon written PEI
mission given by the Board, may exercise, !
the same manner and TO the same extent as
now enjoyed by railroad companies, the rigt
con 'emniRg and appropriating land and la
ing out and constructing any spur, switch
: railroad track thereoYer, AMI connecting u
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