Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1888-04-26

OF any such county attorney TO render such as
sistance; and the costs and expenses on the
part OF said commissioners of any such prose
cution shall be paid out Of the appropriations
for the expenses of said board of commission
crs.
Sec. l7.-The board of railroad commits
sioners Of this state are hereby empowered aud
directed to make for each Of the railroad cor
porations, doing business IN this state, as soon
as practicable, a schedule of reasonable maxi
mum rates Of charges forthe transportation OF
freight and ears on each Of said railroads, and
said power to make schedules shall include the
power of classification OF all such freights, and
1t shall be the duty of said commissioners to
make such classification; provided, that the
said rates of charges 10 be so liked low said
commissioners shall not In any case exceed the
rates which are or may hereafter be established
10y law and said schedule So made by said
commissioners, shall In all suits brought
against any such railroad corporations. where
In is in any way involved the charges of any
such railroad corporation for the transporta-
ton OF any freight or ears or unjust disCrimi-
nation in relation thereto, be deemed and
taken in all courts OF this state as prima facie
evidence that the rates therein fixed are rea-
aonablc and just maximum rates of charges for
the transportation OF freight and cars upon
the railroads for which said schedules may
have been respectively prepared.
Said commissioners shall from time 10 time,
and as often as circumstances may require,
change and revise said schedules, subject TO
the same provision that the rates fixed are not
ODE higher than now or hereafter established
BY law.
When any schedule shall have been made or
revised as aforesaid, IL shall be the duty of said
commissioners 10 cause notice thereof TO be
published for two successive weeks In some
public newspaper published In the city OF Dcs
Moines in this state, which notice shall state
the date of the taking effect of said schedule
and said eahnanla shall falgp ntrasf al b.,
so stated in such notice and printed copy Of
said revised schedule shall be consplcuously
posted by such common carrier in each
freight office and passenger depot upon its
line or lines. All such schedules, SO made
shall be received and held in all such suits as
prima facic the schedule of said commission
Crs without further proof than the production
of the schedule desired to bc used as evidence
with certificate of said railroad commission
ers that the same is "A true copy of the schcd-
ule prepared by them for the railroad company
or corporation therein named, and that notice
of making the same has been published as re
quired by law provided that before finally FIX
ing and deciding what the original maximum
rates and classification shall be, II shall be the
duty of the railroad commissioners to publish
ten days notice in two daily papers published
in Des Moincs setting forth In such notice that
at n certain time and place they win proceed
To fix and determine such maximum rates and
classification: and they shall at such time and
place and as soon rs practicable afford to any
person, firm, corporation or common carrier
who may desire II an opportunity to make an
explanation or showing or to furnish informa-
ton To said commissioners on the subject of
determining and liking such maximum rates
and classification; and in any event the Origi
nal schedule of rates and classification of
frcights on all lines of railroads In Iowa shall
be fixed and shall go into effect within sixty
days from the taking effect of this net.
Spp. lS-Mhpnpypr any DprsDn upOn his
own behalf, or class of persons similarly stu
ated, or any firm, corporation or association,
or any mercantile, agricultural or manufac-
turing society, or any body polite or munich
pal organization, shall make complaint to said
board of railroad commissioners, that the rate
charged or published by any railroad company,
or the maximum rates fixed by said commits
sioncrs in the schedules of rates made by them
under the provisions of section II of this
act, or the maximum rate that now or here
after may he fixed by law, Is unrcasonably
high or discriminating, it shall be the duty Of
said commissioners to Immediately investigate
the matter of such complaint. If such com
plant appears 10 be well founded aud not
trivial in character, or the board shall fix a
day for hearing the same, and shall notify the
railroad company of the time and place of
such hearing by mailing notice properly di-
rectcd to any division Superintendent, general
or assistant superintendent, general manager,
president or secretary Of such company, which
notice shall contain the substance of the com
plant so made, and the board shall also notify
the person or persons complaining OF such
time and place.
Sec. l9.-Upon such hearing as provided for
the said commissioners shall receive whatever
evidence, statements or arguments either party
may offer or make pertinent to the matter un-
der investigation, and the burden of proof
shall not be held TO be upon the person or per-
sons making the complaint, but the commits
sioners shall add TO the showing made at such
hearing whatever Information they may then
have, or can secure from any source whatso-
ever, aud the person or persons complaining
shall be entitled to introduce any published
schedules of rates of any railroad company, or
evidence of rates actually charged by any rail-
road company for substantially the same kind
of service, whether in this or any other State /;
and the lowest rates published or charged by
any railroad company for substantially the
same kind of service whether In this or any
other State, shall, at the instance Of the person
or persons complaining, be accepted prima
faeie evidence of a reasonable rate for the ser
vice under investigation, and II the railroad
company complained of is operating Il line Of
railroad beyond the State Of Iowa, or 1t appears
that il has traffic arrangement with any such
railroad company, then the commissioners, in
determining what is u reasonable rate, shall
take into consideration the charge made or
rate established by such railroad company or
the company with which it has traffic arrange
ments for carrying freight from beyond the
State to points within the State, aud from
within the State to points beyond the State
and If such company be operating line of rail
road beyond the State, they shall also take into
consideration the rate charged or established
for substantially similar or greater service by
such company in any other State in which said
railroad company operates line of railway.
See 20.-After such hearing and investiga-
ton the said commissioners shall fix and deter
mine the maximum charge To be thereafter
made by the railroad company or common car
riers complained of, which charge shall in no
event exceed the one now, or hereafter fixed by
law, and the said commissioners shall render
their decision In writing, and shall spread the
same at length in the record to be kept for that
purpose; such decision shall, specifically, set
out the sums or rate which the railroad com.
pany or common carrier So complained Of may
thereafter charge or receive for the service
therein named, and including a classification
of such freight, and the said commissioners
shall not be limited In their said decision and
the schedule to be contained therein 90 the spe
cifc case or cases complained OF, but 1t shall be
extended to all such rates between points In
tins State and whatever part Of the line OF rail
way of such company or common carrier within
this State as may have been fairy within the
scope of such investigation, and any such de
cisions so made and entered on record OF said
commissioners, including any such schedules
and cassiilcatiOns, shall, when duly authent
Gated, be received aud held in all suits brought
against any such railroad corporation or com
mon carrier wherein Is In any way involved The
charges of any such corporation or carrier men
toned in said decisions, In any of the courts OF
this State, as prima facie evidence that the
rates therein fixed are reasonable maximum
rates the same as the schedules made by saiC
commissioners as provided In section Il hereof
and the rates and classilications so established
after such hearing and investigation shall from
IL. "A ~. lssls