Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1885-02-26
SENATOR KELLYS BILL.

The following il the text of Senator
bill No. 40, which, after thorough
discussion, was endorsed by every vote
i'll the senate save two:
SECTION |. The board of railroad
commissioners shall from time To time
upon complaint by ANY bona iidr ship
per or other person interested. If they
deem such complaint REASONABLE, in
vesrimair the same, and shall direct
such changes in the freight rate charg
g. of any railroad company d"in" bus
mess in this state. upon any commodi-
| ~ or Kind of freight mentioned Ia
| said compliant; aud the schedule cDa
| tanning such freight rate charges 20
modified shall be posted by the rail-
road Company thus affected rs the
| board of commissioners shall direct
| said board of commissioners stall ON
like complaint FOR without complaint
and investigate. also direct ANY
change in the Classification OF
auy commodity or kind OF
freight. from any class TO any other
class. as may be deemed reasonable
| and proper. Before making any
change a. herein provided, either in
| freight rate charges or -liicaiiou
| the board of commissioners shall give
| at least ten days notice 10 the rail
road company whose rates OF frcighl
charges or classification il is prop >cd
to change, and such railroad company
| NAV appear by its agent or other per
| son and show cause. If any, why such
change proposed should not be made;
certified copy OF such changed rate
of freight charges shall be furnished
by the board of commissioners TO the
managing officer of the road AZ
tected, and shall take effect
from such date a said board
such changed schedule of freight
rate charges shall bc deemed and Ia
ken in all courts of this state a, prima
facie evidence of the reasonablenc,s
of the freight rate charges of the com
modify or kind of freight upon which
such freight rate charges have been
changed. and the certificate of the
commissioners, together with the
schedule OF freight rate charges CON
tanning the rates 80 changed. shall be
held prima tacic reasonable freight
rate charges established by said board !
of commissioners in all suits against |
such railroad company whose freight
rate charges have been 80 changed, |
until the contrary l. proven.
Sec. ,. For a violation of any of |
the provisions of thi, act the railroad |
company 30 violating shall be subject |
Ia II l.
same manner and 10 the same extent !
"a prescribed in The act 10 which this |
act i supplementary.
See. ;. This act shall take effect and |
be in force from and after lis publica- |
ton in the official state paper.
Senator Lloyd moved 70 amend as
we have inserted in brackets in the /.
preceding bill.
On this motion to amend the substi-
tute, Senator Buchan raised the ques-
tion Of order that this substitute |
having been adopted. it could not
be amended without reconsider
alton. except to add addition
al amendments by sections The
Chair decided that IT was merely sub
stituted Tor the action of the commit
tee. and was capable Of being amend
ed. a long discussion cn>ucd on the
question of order. Al it, conclusion
the Chair stated the motion Of the
Senalor from Ellsworth Senator
Lloyd TO insert the words with. or
without complaint. and that motion
he decided 10 be in order.
The motion was discussed at great
length by sever Senators.
The motion of Senator LLOYD was
lost.
Senator John Kelly moved thar when
the committee rise. they recommend
this bill for passage. The motion was
adopted.