The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-01-26

mons shall seyerally be deemed guilty OF q
| felony. aud, on conviction thereof, shau be
| ipprisoned in the state penltentiary Tor a
period not less than two nor more than zen
years. The said commissioner shali also
| have power and authority To wholly STOP
| the running OF trains oVerany dangerous or
| defective track bridge or other structure
and in case of failure on the part OF any msu-
ager, superintendent or other executive ON
Ger or enip.oye to repair such track, bridge Hf
other structure, as require by tue sara
commissioner, notice of sUcu TACT shali be
given to the public by the commissioners
| by advertisement in two or more news
papers hayinga general circulation along
| The line of the railroad upon when sucn
| re pairs shall be required; and furthermore,
there may be recovered from any company
owning or operating railroad ~itn ann
| this state, the sum oil lVVo
for each dav that expires alter
the time which may be fixed by the SAID
comm issioners, in the written notice before
mentioned. for the repair OF any hGerons
or defective track, bridge orother e.i c'uie,
for the failure OF neglect TO repair the same,
unless good aud sufficient cause can be
shown for such neglect or failure, To be re-
covered before any court having competent
Jurisdiction, for the use and benefit OF the
state of Texas, after paying the cost oi
the advertisements herein provided lor'
And every MANAGER, superintendent or
other executive Office of any railroad IN TINS
state shall give notice, in writing, 10 tue
railroad commissioners within twenty-tour
hours after its occurrence, of any accident
happening on such railroad, and attended
with loss of life or serious personal lpJury'
or of any other accident coming Wlthlh
the character OF accidents OF
which the railaOaa commissioners may re-
quire notice to be- given, stating also The
cause of each accident, If known and for
each willful omission to give such written
notice. the said manager, superintendent or
other executive officer shall forfeit ana pay
a fine Of fifty dollars, to be recovered before
any court OF competent jurisdiction, Ior the
use and benefit OF the state OF Texas. Upon
the receipt at the office of the railroad COM
mission ers Of notice as aforesaid OF any ac'
cident us Aforesaid, one or more OF the sad
commissioners snail, without unnecessary
delay, visit the scene OF such accident ana
make careful inquiry and inyestlgallonlhlo
the facts and circumstances thereof, ana
shall file full and conplete report OF such
inquiry and investigation IN their
Office. ANY information they may
have acquired in relation TO any
accident resulting IN death or serious per,
sonal injury shall be furnished by the sad
commissioners to any person injured or 10
the representatives OF any person Killed by
reason OF such accident.
Sec. s. That it any railroad company do
ing business in the state shall, III violation
OF law, or Of any rule or regulation pre-
scribed by the commissioners aforesaid, IN
| ilict any wrong or injury upon any person
such person shall have right OF acton
and recovery for such wrong or injury III
the county where the same was done, or III
any county through which such rail'
road may run, in any court oil compe'
tent jurisdiction, and the damages to he
recovered shall be the same as IN &C
tons between individuals, except that III
cases of willful violation of the law, such
railroad company shall be liable TO eXeni'
plary damages provided, that in no case
in suits Brought under tins section shat
the damages be less than $50; and provided
further, that all suits under this sector
shall be brought within twelve mon hs al
ter the commission OF the alleged oilense Of
wrong.
Sec. .. That when the commissioners
upon complaint Oh otherwise, have reason It
believe that any railroad company has VIC
lated or ia violating any of the laws of Thu
state, or any of the rules or regulations pre-
scribed by said commissioners, they shal
examine into the matter aud cause sucl
proceeding TO be instituted as they may
deem necessary and proper IN the premises
SEQ. 10. That the commissioners shall 6'
and are herebyauthori2ed III the discharge
of the dutieB Of their office to subpoena wit
nesses, administer oaths, compel the pro
duotion o books and papers, and TO punisi
for contempt IN the same mannerand TO TIA
same extent as judges OF the district courts
Eand it is hereby expressly provided and re
quired that all sheriiis and Constablcs II
this state shall execute process issued b,
said commissioner the same us il sucn pro
cess issued from u dstrlct court, aud the
clerk OF said railroad commission is hereby
authorized to administer oaths in matter
pertaining TO his Office.
Sec. IL. That any officer, agent or EN-
r ploye of any railroad or transporta
ton company who refuses To an
swer such questions as may D
propounded to him by the commissioner
In the cause OF any examination authorize,
by this act, or who refuses to produce al!
, papers or books i'll his control or under HI
charge us such officer agent or employe u
any railroad or transportation company
shall be punished by said commissioners Il,
Tor contempt, and the property OF any rail
road or transportation company, OF whicl
! such person in contempt is an officer, agen
or employee, shall be liable to be taken il
execution to satisfy the Judgment in sucl
cases, ut the suit OF the state.
Sec. r., Charges for transportation OF
each class or kind of ireigh
: shall be uniform, and any unjust discrilui
) nation in the rates or charges for the trans
portation OF any freight made against an,
person or place ON any railroad operated 1t
, this state is declared TO be unlawful; and i
shall be prima iacie evidence of an unjus
Discrimination for any railroad company
its officers, agents or other employees 10 de
mand or ieceve from one person, firm o
company, greater compensation tina
. from another person, firm or company 70
the transportation i'll this state OF an
freight of the same kind or class, in equu
, or greater quantities for the same or les
distance; any railroad company, its officer;
agents or other employees violating the pre-
/. visions of this section, upon conviction {
! the same, shall be punished, as prc
vided for in section II OF this act; provided
however, at railroad stations in this stat
whore two or m Jre railroads under dillereu
and distinct organizations, intersect, eithe
road may fix its charges TO and from sal
! station without reference to their schedul
: of charges on the balance OF their road.
+, Sec. 49, If any railroad corporation
shall wilfully charge, collect or receiv
= from any person or persons, for the tran'
u portation of any freight upon Its railroad,
. higher or greater rate of toll or compensI
ton than II shall at the same time charg,
collect or receive from any other person q
!, persons for the transportation of the lik
: quantity of freight OF the same class, BON
I, transported from the same point, in til
same direction, over equal distances OF til
: same railroad, or lit shall charge, cole,
y or receive from any person or pc
y sons, for the use and tran