The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1888-04-26

part OF said commissioners OF any such prose-
cution shall be paid out Of the appropriations
ers.
See 1.-THE board II railroad commits
sioncrs OF this state are hereby empowered and
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 for the transportation Of
freight and cars on each III said railroads, and
said power to make schedules shall include the
power Of classification II all such fTcights. and
1t shall be the duty Df said commissioners 10
make such classification: provided. that the
said rates Of charges 10 be- 80 fixed by said
commissioners shall not In any ease exceed I'll.
rates which are or may hereafter be established
by law, and said schedule 80 made bv said
commissioners, shall In all suits brought
against any such railroad corporations. where
In il IN any way involved the charges Of any
such railroad corporation for the transpor;a-
ton OF any freight or cars o. unjust discrimi-
nation in relation thereto, be deemed and
taken in all courts OF this state as prima facic
evidence that the rates therein fixed are rca-
sonabIc and just maximum rates Of charges for
the transportation OF freight and ears upon
the railroads for which said schedules may
have been respectively prepared
Said commissioners shall from time to time
and as often as circumstances may require,
change and revise said schedules. subject to
the same provision that the rates fixed are not
to be higher than now or hereafter established
by law.
When any schedule shall have been made or
revised as aforesaid ii shall be the duty of said
commissioners to CAUSE notice thereof To he
published for two successive weeks in some
public newspaper published In the city Of Des
Moines in this state, which notice shall state
the date of the taking effect OF said schedule
and said schedule shall take effect at the time
SO stated in such notice end printed copy of
said revised schedule shall be conspicuously
tail hv Tor n.leh
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 facie the schedule Of said commission
ers without further proof than the production
Of the schedule desired To be used as evidence,
with certificate Of said railroad commission
ers that the same Is true copy of the schcd-
ulc prepared by them for the railroad company
or corporation therein named, and that notice
OF making the same has been published rs re-
qnircd By law; provided that before finally fix
ing and deciding what the original maximum
rates and classification shall be, it shall be the
duty Of the railroad commissioners To publish
ten DAYS notice in two daily papers published
in Dies Moines setting forth III such notice that
lit 4 certain time and place they will proceed
to Tx and determine such maximum rates and
classification: and they shall at such time and
place and as soon as 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 10 said commissioners on the subject Of
determining aud fixing s.lch maximum rates
and classification: and in any event the origi-
nal schedule of rates and classification of
freights ON all lines of railroads in Iowa shall
be fixed and shall go into effect within sixty
days from the taking effect Of this act.
Sec. lS.-Wheneyyr an. person 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 bod, 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
sioners in the schedules of rates made by them
under the provisions of section IL of this
act, or the maximum rate that now or here
after may BIZ fixed by law, is unreasonably
high or discriminating, it shall be the duty Of
said commissioners 10 Immediately investigate
the matter Of such complaint. Ii such com
plant appears To be well founded and not
trivial in character, or the board shall fix a
day for hearing the same, and shall notify the
railroad company Of the time aud place IF
such hearing by mailing notice properly di-
rected 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 20 made, and the board shall also notify
the person or persons complaining Of such
time and place.
See. l9.-upon such hearing as provided for.
the said commissioners shal! receive whatever
evidence, statements or arguments either party
may offer or make pertinent 10 the matter uIi-
der investigation, and the burden If proof
shall not be held 10 be npon 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, and 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 sui stantially 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 priIna
facie evidence OF u reasonable rate for the SER
vice under investigation, and il the railroad
company complained OF is operating Il line of
railroad beyond the State of Iowa, or il il appears
that it has a traffic arrangement with any such
railroad company, then the commissioners. in
determining what is reasonable rate. shall
take into consideration the charge made or
rate established by such railroad COMPANY or
the company with which 1t has traffic arrange
menss for carrying freight from beyond the
State To points within the State, and from
within the State to points beyond the State:
and Ii such company be operating line Of rail
IUdu HtSOuu lue STATE. iIeN Shall also take INTO
consideration the rate charged or established
for substantially similar or greater service by
snch company In any other State in which said
railroad company operates 4 line Of railway.
Sec. 3O-After such hearing and invcstiga-
ton the said commissioners shall fix and deter
mine the maximum charge to he 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, ~nd 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 To the spe-
cific case or cases complained of, but II shall be
extended to all such rates between points in
this 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'a and entered ON record of said
commissioners, including any such schedules
and classications, shall, when duly uutheuti-
Gated, be receiyed@and 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 81 the courts OF
this State, as prima faee evidence that the
rates therein fixed are reasonable maximum
rates, the same AS the schedules. made 10y said
commissioners as provided in section II hereof !;
and the rates and classiiications SO established
after such hearing and Investigation shall from
To oi,,t