Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-01-03
THE NEW RAILROAD LAW.

The following is summary of the amend
ments to the Railroad law passed at the re-
cent session Of the Legislature. This sum-
mary was prepared by Col. Simonton, of
Charleston, a leading member OF the House
of Representatives, who favored the passage
of the bill and can be relied upon as giving
a clear idea of the intention of the Legisla-
ture. 1t is generally, conceded that the
freight and passenger rates now in operation
will remain of force until changed in accor-
dance with the provisions of the new law.
Col SimOnton says:
The substantial difference between the law as
it stood and the law as it now exists is as to the
initiation of rates. Under the old law the rail-
road commissioners had the right to prescribe
the rates for the railroads and there was no ap-
peal whatsoever from their decision, or any
mode Of correcting their errors except by their
OWN act. The railroad companies had the right
to represent to the commission all the objection
that they had to their rates, but the hnal dccls-
ion as to what the rates should be remained with
the commission. Under the present law the
rates are to be fixed by the railroads III the hrst
instance, and are to be submitted to the COM
mission. If the commission objects to the rates
so proposed by the railroads then case is made
and the matter is heard either by the presiding
Judge or the resident Judge OF the Circuit OF
which Richland county is a part. The case
must be made up within five days, and must be
decided within ten days after the hearing. From
the decision of the Circuit Judge either side may
appeal to the Supreme Court or the STATE, ana
pending the adjustment Of the rates proposed by
the railroads the rates previously existing re-
main in force. In case an individual makes
complaint of illegal or exorbitant action on the
part Of the railroads, his complaint is heard by
the railroad commission in the first instance, and
if the decision of the commission is in his favor
the railroad company, against which the COM
plant is made, may appeal to the resident or
presiding Circuit Judge Of the county in which
the complaint arose. If the judge sustains the
action Of the commission an appeal may be taken
by the railroad company to the Supreme Court
of the State The railroad company before TAX
ing the appeal must enter into bond, to be ap-
proved by Judge, for the payment of all costs,
charges and damages, should the appeal be
against the railroad, and at the same time be
made liable to the penalties the Act. Such ap-
peal must be defended by the railroad commits
sion, which has the right to call upon the attor-
ney- general to conduct it, either in person or
by some circuit solicitor selected by him. In
order to secure prompt hearing of these appeals,
in case the presiding or resident Judge of the
Circuit be unable to hear the appeal, provision
is made that the Chief Justice OF the supreme
Court shall direct any other Circuit Judge to
hear the appeal. The same provisions exist in
tho new law as existed in the old law against un-
Just discrimination and eXorbitant charges, ap-
piled both as to local and through rates. The
present law makes clear the duty, as well as the
right, of the railroads to fix first and second class
passenger rates.