Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-03-16

that NAV be required by said Commissioners
within the line of their duty shall be deemed
guilty of misdemeanor, and shall be liable,
on conviction thereof, TO fine not exceeding
ST. 900, in the discretion of the court; the costs
or such subpenas and investigation to be first
paid by the State, on the certificate OF said
Commissioners.
Section Q. It 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
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; 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 il shall not demand or receive
any greater sum than is accepted by it from
any other connecting railroad for similar
service.
Section 10. No railroad company shall
charge, demand or receive from any person,
company or corporation for the transporta-
tion of any property or for any other
service, greater sum than 1t shall at the
same time charge, demand or receive from any
other person, company or corporation for
like service from the same place, or upon like
condition and under similar 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
transporting freight from any point on its
line than fair and just proportion Of the
price it charges for the same kind of freight
transported from any other point.
Section IL. No railroad company shall
charge, demand, or receive from any person,
COmDAnE- 00TnOrfQflnn
price for the transportation OF persons or
property, or Tor 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 railroad company.
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 II
sustained shall make certificate, under their
sc IL, setting forth what is a reasonable charge
for the service rendered. which shall be prima
facie evidence o. the matters there stated.
And any greater charge demanded and re-
ceived by said company shall be deemed an
extortion within the meaning OF this act.
Section IL. 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
ner, 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
$1,000 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 Ii. 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. All railroad COMPANIES shall on de-
man1 Issue dunlipata freight rppeinta m shin
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 other roads that carry such freight, and
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 IA. 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, un-
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 sh All 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 50 de-
" thC DOdiu W NC IcdSOHdUAc etidii
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 such
rates so found shall, in all 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 determined by the Board shall
in any such action be taken to be unjust, I'M
reasonable and eXtortionate until the con-
trary is proved. All cases of a failure to
comply with the recommendation of the
Board OF Commissioners shall be embodied
in the report o. the Board of Com
missioners to the Governor, and the same
shall apply to any unjust d scriminaton, ex-
tortion or over-charge by said company, or
any other violation of this act by such COM
pany.
Section Is. Any person, partnership or
corporation engaged in business, other than
That o. common carrier, may own or lease
railroad cars, aud 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-
wards its destinations; provided, that such cars
shall be constructed in con 'ormity 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 arrive 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 be deviated from its route, and shall be in
all respects handled the same as a car belong
ing to any railroad company; provided, that il
may be by said railroad company reasonably
loaded upon its return trip and the owner be
allowed 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 Commissioners shall determine.
Section IL. Any person, upon written per-
mission given by the Board, NAV exercise, in
the same manner and to the same extent as is
now enjoyed by railroad companies the right
con emning and appropriating land and lay
ing out and constructing any spur, switch or
railroad track thereover, and connecting the
same with any railroad already constructed.
And the right to use such spur, switch or
track shall be public at rates and on terms
and conditions such as the Board shall pre-
scribe, il the parties interested cannot agree.
Section Is 1t shall be the duty of said
Commissioners, upon the complaint and APP.
plication of the Mayor and Council of any
city or the Trustee OF any township, to make
an examination of the rate of the freight tar II
charged by any such company, and of the con-
dition or operation of any railroad, any part
OF whose location lies within the limits of
such city or township; and if twenty-five or
more legal voters in any city or township
S all, by petition ia writing request the Mayor
and Council of such CITY, or the Trustee of
such township, to make the said complaint
and application, and the Mayor and Council
or the Trustee, refuse or decline to comply
with the PRAYER of the petition, they shall
state the reason for such Noncompliance in
writing upon the petition, and return the
same to the petitioners; and the petitioners
may thereupon, within ten DAYS from the date