The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-01-27

| Section fixes passenger fare at 2
cents per mile, unless otherwise pro-
Vlded under the provisions OF this act.
Section 7provides for the appointment
DY the governor, with the advice and
consent OF the senate, of railroad COM
mission, composed of three persons.
who shall be charged with the duty of
carrying into effect the provisions of
TINS act. The oath OF office, in addi- |
tion to that required by the con-
stltuuon, embraces clause that the
commissioners care neither directly nor
indirectly Interested in the ownership
or earnings of any railroad whatso-
ever.n
Section s locates the commission Mt
Austin, and provides for the appoint |
ment of secretary.
Sections 8, 10, II and IL define the |
duties and powers Of the commission,
and read as follows:
Sec.9 That 1t shall be the duty of the |
commission appointed, as hereinbefore |
provided, to make reasonable and lust |
rates OF freight and passenger tariffs, in |
| accordance with the provisions of this |
act, TO be observed by all raillo com |
pan1es doing business in this state on |
the railroads thereof; to arrange and |
divide all property that may at any time |
be transported over the railroads Of this |
state into such classes, both general and |
| special, as may be deemed inst and |
| proper, which classification shall be oh |
served by all railroad companies doing |
business III this state; to mako reason- 1,
aole and just rules and regula ions as TO |
charges at any and all points for tho |
necessary handling and delivering
or freights; to make such lust |
rules and regulations as may |
oe necessary to prevent unjust dis
examinations in the transportation of i
freight and passengers, TO prevent the |
giving or paying of any rebate, draw |
back or bonus, directly or indirectly; to |
prevent them from misleading or deceiv- |
ing the public in any manner as TO the |
real rates charged Tor the transporta- |
ton of freight and passengers, and TO |
correct any abuses that may be found to |
exist; and to make reasonable and lust |
rates Of charges for the use of cars ear |
rying any and all kinds of freight and |
passengers on said railroads, no matter |
by whom owned or carried; which said |
rules and regulations and rates shall be |
observed by ali railroad companies do |
ing business in this state; provided that |
nothing in this act contained shall in |
any manner abridge or control the rates |
charged by any railroad company for |
carrying freight which comes from or
goes beyond the boundaries of the state, !
and on which less than local rates on
any railroad carrying the same
| charged by such railroad, but said
railroad companies shall have the
such rates for carrying such freights
as they possessed before the passage
of this act.
Sec 10. That the said commission
| is hereby authorized and REQUIRED to
make for each of the railroad companies
doing business in this state, rs soon as
practicable, a schedule Of Just and rea-
sonable rates of charges Tor the trans
portation of freight and passenger cars,
ON their respective roads; aud SAID
schedule shall, in suits brought against
any such railroad corporations, wherein
Is involved tho charges of any such
railroad corporation, for the transporta-
ton of any passengers or freight or cars,
on unjust discrimination in relation
thereto, be deemed and accepted in all
courts of this state as sufficient evidence
that the rates therein fixed arc Just and
Ae0Sonable rates of charges for the trans.
fOrtation OF passengers and freight and
ears upon said railroads; and said sched-
1les shall be revised by tho commission
ana necessary changes made as often as
circumstances may require. When
; any schedule shall have been made
or revised, as aforesaid, it shall be
the duty of said commission to
nave copies of the same printed in plain
large type, two copies Of which shall be
kept posted by the railroad company.
for public inspection, in at least two
places IN every depot where freights
are received or delivered, and copies OF
the same shall be furnished shippers
when applied for. Provided, that the
schedules thus prepared shall not be
taken, as evidence as hereinbelOre pro-
vided, until such schedules have been
prepared for all the railroads being op-
Grated in this state.
See. IL. That it shall be the duty of
said commissioners TO investigate the
books and papers of all the railroad
companies doing business in this state,
To ascertain If the rules and regulations
aforesaid have been complied with, and
to make personal visitations of railroad
offices, stations and other places of busi-
ness, for tho purposei of examinations
and to make rules and regulations con-
corning such examinations, which rules
and regulations shall be observed and
obeyod as other rules and regulations
aforesaid; said commissioners shall
also have full power and authority TO
examine all agents and employees
OF said railroad companies, and
other persons, under oath or
otherwise, in order 10 procure
the necessary information 10 enable
them to mako Just and reasonable rates
OF freight and passenger tariffs for
each road, and to ascertain if such rules
and regulations are observed or Violated,
and to make necessary and proper rules
and regulations concerning such exami-
nations, which rules and regulations,
heroin provided for, shall he obeyed aud
enforced as all othor rules and regula-
tions provided for in this act.
Sec. IL. That all contracts and agree
ments between railroad companies do.
ing business in this state, as TO rates of
freight and passenger tariffs, shall bo |
submitted to said commissioners for in |
spection and correction, that II may be |
seen whether or not they are violation |
of law,or of the provisions of the consti. |
tuition, or Of this act, or of the rules and |
regulations Of said commissioners; and |
| all arrangements and agreements what |
ever as to the division OF earnings of
any kind by competing railroad compa-
nteS doing business in this state, shall |
be submitted TO said commission for in
spection and approval, in so far as they
affect rules and regulations made by |
said commission, to secure to all
persons doing business with said |
companies Just and reasonable rates of |
hVibis ",iN PoSSVhboi toi ms ouu sulu
| commissioners may make such rules
and regulations rs To such contracts and |
agreements as may then be deemed nee
essary and proper, and any such agree
ments not approved by said commits
sion, or by virtue Of which rates are
changed exceeding the rates fixed by |
the commission for the transportation |
OF freight and passengers, shall be |
deemed, held and taken to DO violations
OF article 10, section 2, of the oonstitu-
tion of this state, and shall be illegal |
and void.
Sec, 10 gives the commission power TO
subpoena witnesses and compel aJtend-
anoe of same,
Sec. IA provides penalty of not less
than 500 nor more than 81, 600 for failure |
OF any officer, agent or employe to fur
nish reports required by the commits
sion,