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

1
! part Of said commissioners OF any such prose-
| eution shall be paid out of the appropriations
| for the expenses of said board of commission
| ers
See. 1.-THE hoard of 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, n schedule Of reasonable maxi
mum rates Of charges forthc transportation of
| freight and cars on each Of said railroads. and
said power to make schedules shall Include the
| power of classification OF all such freghts, and
| 1t shall be the duty of said commissioners to
make such classification; provided, that the
| said rates of charges TO I've SO liked hy said
/ commissioners shall not In any case exceed the
| rates which are or may hereafter be established
| by 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 cars or unjust discrimi-
| nation In relation thereto, be deemed and
taken In all courts Of this state primu faCle
| evidence that the rates therein fixed are rea-
! aonable and Just maximum rates OF charges for
| the transportation of freight and ears upon
| the railroads for which said schedules may
| lave been respectively prepared,
Said commissioners shall from time To time,
and as often rs circumstances may require,
| change and revise said schedules, subject 10
the same provision that the rates fixed are not
| tobe 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 20 cause notice thereof To be
| published for two successive weeks in some
| public newspaper published in the city Of Des
| Moues 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 and printed copy of
| said revised schedule shall be conspicuOusly
| 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 aud held in all such suits as
! prima facie the schedule OF said commission
! Crs without further proof than the production
| of the schedule desired TO be used as evidence,
| with a certificate of said railroad commission
| ers that the same is true copy of the sched-
| ulc prepared by them for the railroad company
| or corporation therein named, and that notice
| of making the same has been published as re
| qured by law; provided that before finally fix
| ing and deciding what the original maximum
rates and classification shall be, 1t shall be the
| duty of the railroad commissioners to publish
| ten days notice in two daily papers published
| i'm Des Moincs setting forth in such notice that
| at n certain time and place they will proceed
| TO fix and determine such maximum rates and
| classification; and they shall nj such time and
| place and as soon as practicable afford to any
| person, firm, corporation or common carrier
| who may desire 1t an opportunity to make an
| explanation or showing or Ia furnish nforma-
| 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
| Grcights on all lines of railroads in Iowa shall
| be fixed aud shall 20 into effect within sixty
| days from the taking effect of this act
! Sec. lS,-Whenever any 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 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
| soners 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 be fixed 10y law, is unrcasonaby
| high or discriminating, il shall he the duty Of
| said commissioners to 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 and place of
! such hearing by mailing notice properly d.
! 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 so made, and the board shall also notify
| the person or persons complaining of such
| time and place.
See I9.-Upon such hearing rs provided for,
| the said commissioners shall receive whatever
| evidence, statements or arguments either party
NAV offer or make pertinent To the matter un-
der Investigation, and the burden of proof
| shall not be held 10 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, 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 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, he accepted prima
| facie evidence of n reasonable rate for the SER
| vice under investigation, and II the railroad
| company complained of is operating line of
| railroad beyond the State of Iowa or Ii Il appears
| that il has traffic arrangement with any such
railroad company, then the commissioners, in
determining what is a 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 II such company be operating n 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 classification
| of such freight, and the said commissioners
| shall not be limited In their said decision and
| the schedule to be contained therein 20 the spe
cifc case or cases complained of, but 1t shall he
| 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
csions so made and entered on record OF said
commissioners, including any such schedules
and Classifications, shall, when duly authenti-
Gated, be received 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 of the courts OF
this State as prima tacie evidence that the
rates therein fixed are reasonable maximum
rates, the same as the schedules made by said
commissioners as provided In section IL hereof
and the rates and cassitcatons so established
after such hearing and investigation shall from