The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-24
A RAILROAD BILL.
General Hamby's Railroad Bill
Creating a Commission.
A Comprehensive and Well Drawn
Act for Legislators to Pom
der Over.

Section BE it enacted by the legis
lature of the safe of Texas that the gov
ernor shall appoint by and with the ad-
vice of the senate a railroad commission,
to be composed of three members, one of
whom shall be an experienced civil engi-
neer; said commission shall hold their
offices for two years, or until their sue
cessors have qualified, but shall be subje
to removal by the governor at any time.
In case of removal the governor shall ap-
point successor until the meeting of the
next Legislature, when said appointment
shall be submitted to the senate for ap-
proval, together with the reasons for the
change.
Section 2-The members of the railroad
commission shall each receive an annual
salary of $4,000. In travelling upon any
line of railroad within this state in the
discharge of their duty they shall be en-
titled to free trans portation. The COM
mission shall in their report state the
number of miles Travelled over each line
Of railroad in the performance of Official
duties, and when not travelling in the
performance of official duties they shall
not accept free transportation or other
official courtesies from any railroad or
transportation company in this state.
Section 3-The Office of the state rail
road commission shall be in the capitol
building of the city of Austin in rooms to
be designated by the governor. There
shall be allowed the state railroad COM
mission for Office furniture, postage,
stationery, printing and other Office ex
penses, not to exceed the sum of $4,000
per annum. The state railroad commits
sion shall employ secretary, who shall
be a competent craftsman and who
shall perform such duties as the
state railroad commission may
require of him; he shall receive an annual
salary of $1,S00. In addition to the sec
rotary the state railroad commission may.
employ such additional clerks as the work
of their office may require, not to exceed
three in number, at a monthly salary not
to exceed 500 each. The salary of the
state railroad commissioners and
of their secretary and of such
clerks as they may employ under the
provisions of this act shall be paid
monthly from the state treasury. All
vouchers for travelling and Office expenses
of the state railroad commission and their
secretary or clerks shall be paid by the
treasurer upon vouchers approved by the
governor.
Section 4-Before entering upon the du-
ties of their Office the state railroad COM
mission, their secretary and their clerks
o lsll each subscribe to the following oath, In
addition to the usual oath of office: "And
1 do further swear, or affirm, that am not
connected, officially or otherwise, with any
railroad company or transportation line,
either in this state or outside of it, and
that am not stockholder or in any
manner interested in any railroad COM
pany or transportation line whatsoever, so
help me God"
Section 5-The state railroad commits
sion is hereby charged with the faithful
performance of all the duties of state en-
gineer as enumerated, prescribed and de-
fined in chapter seventy (70) of an act
approved April 10, 1888.
Section ct shall be the duty of the state
railroad commission to properly classify
all Glasses and kinds of freight, and failure
or refusal upon the part of any railroad
company or transportation line, or of the
properly observe and respect such CLASH
fcation, shall be prIma facie evidence of
unjust discrimination upon the part of
such railroad company or transportation
line.
Section THE state railroad commits
sion shall be authorized to suggest rates
of freight to the railroad and transporta-
ton lines doing business in the
state, and any failure or refusal
upon the part of such railroad company
or transportation line, or of their officers,
agents or lessees to respect and observe
the same shall be prima face evidence of
extortion.
Section 8-The state railroad commits
sion shall be constituted court of record
and shall have power to exact compliance
with all laws now in force, or hereafter to
be enacted touching the management,
regulation and control of railroad COM
panies and transportation lines in this
state and to prosecute for unjust discrim-
nation and extortion. And in all actions
for penalties incurred under existing laws,
or under laws that may hereafter be en-
acted, the recommendations of the state
railroad commission and its findings shall
be prima faoie evidence of the facts found
and of the reasonableness and expediency
of the recommendations made.
Section 9-The state railroad commits
sion shall be empowered to require re-
ports from all railroad com panies and
transportation lines doing bus mess in
this state, showing their capital stock,
preferred stock, funded debt, bonded
debt, preferred or otherwise, together
with rate of interest thereon, floating
debt, original cost and present cash value
of such railroad or transportation line in
this state. Also, value of other property
in this state, acres of land granted by the
state of Texas, acres of land unsold, list
of officers and directors and their place
of residence, average amount of tonnage
that can be carried over the road with an
engine of given power, and such facts and
information as the state railroad
commission may deem necessary.
The state railroad commission is further
authorized to examine the books of any
railroad company or transportation line
in this state, subpoena witnesses and ex-
anime them under oath. Serious acct
dents, resulting in the loss of life or per-
sOnal injury, are to be Investigated by the
commission with view to ascertain any
mismanagement or neglect.
Section 10-The state railroad commits
sion shall require of all railroad com
panies and transportation lines doing