Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-01-25

Railroad Commissioner
Be 1t enaesed By the !senat> and Hosse Of
Reprsseatat,res IA Legistaiers assem5ted, az
fottoses
SEcT. /. The term Railroad Company
contained in this act shall be deemed and
taken TO mean ali corporations, companies
or individuals owning or operating any rail-
road in this STATE.
skcT. 2. No railroad company shall
charge or receive rate 10 excess of three
cents a mile for the transportation of any
passenger over twelve years Of aze upon any
railroad 10 this State, nor 10 excess. of half
that sum a nile for the transportation of any
passenger Of the age Of twelve years or IN
der. Each passenger over twelve years Of
age paying fare, shall be- entitled 10 have
transported without any additional charge,
baggage not exceeding two hundred pounds
in weight. and each passenger of
twelve years Of age or under, shall be entitled
to have transported without additional charge.
baggage not exceeding one hundred pounds in
weight and no railroad company shall charge
a greater rate per mile for any milzye, eIcur-
sion or eommutation ticket than il charged at
any tins daring the year A. ID. l5oe for
similar ticket, and each passenger entitled 70
a passage upon any railroad in this State upon
any such milage. excursion OF comm itarion
ticket shall be entitled o the transportation
Of baggage without additional charge TO an
amount equal TO that trans ported by any such
railroad company al any time during the year
A. ID. 1883 On a similar ticket. And any such
railroad company is hereby required to issue
and sell miisge, excursion ami Communication
tickets for the transportation Of passengers
over its railroad in this State the same as
heretofore issued by any such railroad com
pany during the wear A. ID. 1888 bot any
sGch railroad company may change the form
of any sucn milage, excursion or commute
ton ticket as shall best suit its convenience,
but not to increase the price per mile charged
by any such railroad company during the
year 1858 A. ID for any such ticket for the
same number of miles or trips. Prorlded,
also that nothing herein shall prevent any
railroad company from giving passes over its
railroad to any member of the legislature, or
any State, county or municipal officer. or TO
any Judge of the supreme judicial or other
court OF this State or other person, but any
such officer receiving pass free of charge
from any snch railroad company shall not be
biased, prejuiiced Or under any obligation
whatever to said railroad company by reason
Of having received and used the same.
Seer. 3. All charges made by any rail-
ne rendered for the transportation of pas
sengers or property in this State, over any
railroad in this Safe, or for the receiving
delivering. storage or h andling of such
property shall be IHst and Reasonable, ard
every unjust and unreasonable charge for
such service is prohibited and declared to be
unlawful.
SECT 4. That If any railroad company sub
ject TO the provisions of this act shall, directly
or indirectly by any special rate re bate draw
back, or other device, charge, demand, col
iect or receive from any persons Or person
greater or less compensation for any service
rendered or to be rendered in the Transports
ton Of passengers or property, subject to
the provisions of this act, than il charges,
demands collects or receives from any other
PEI son or persons for doing for him or them,
a like. and contemporaneous service in the
like kind of traffic or upon like conditions
and under similar circumstances such rail
road company shall be deemed guilty of uu-
juH determination, which is hereby pro-
hibted and declared to he unlawful; this
section, however, is not to be construed as
prohibiting less rate per hundred pounds
in a car load lot than is charged, collected
or received for the same kind of freight in
less than a car load lot
Stcr. 3. That it .hall be unlawful for
any railroad company subject To he provi-
sions of THE act, to make or give any prefer
ence or advantage To any part eular person.
company firm, corporation or locality, or
any particular description of traffic in any
respect whatsoever, or to subject any partic
ular person, company, firm corporation or
locality, or any particular descrip-
ton of traffic, to any
prejudice or disadvantage in any respect
whatever. provided however, that nothing
herein contained shall be construed to pre-
vent any railroad company from giving pref
erence to those localities in this State.
where any such railroad company is in com
petition in the carriage of freight and pas
sengers, with navigation by water to such
loca,ties
SECT. .. Upon any complaint in writing
made As hereinafter provided, to the railroad
pmmissioners of this State that any just
and unreasonable price has been charged, by
any railroad company IN tbs State, or that
any railroad company in this State has been
guilty of An unjust discrimination. such rail
road commissioners shall investigate such
complaints. and If sustained, shall make
certificate under their seal setting forth the
facts found by them, which shall be prtna
f1eIe evidence of the matter therein stated.
in accordance with the provisions of this act,
that an'unjust and unreasonable charge is
made by any railroad company or that any
railroad company has been guilty of an IN
just discrimination and the railroad COM
missouers shall find such complaint to be
true they shall require modified charge
for the service rendered such as they deem
10 be Just and reasonable, and shall certify
their finding to the managing officers of the
railroad company against which compliant is
made aud the rate determined by the
railroad commissioners to be just and rea-
sonable shall be by the railroad company af-
fected thereby. accepted and posted, in
conspicuous place in each depot on the line
of its road, that may be designa'ed by
said railroad commissioners; and such rates
so found shall, in all actions arising in any
court in the State, be taken to be just and
reasonable compensation foT the services
for which they provide until the contrary is
proven and all compensation demanded or
received by any railroad company in excess
of the rates 80 determined shall, in anv such
action be taken to be unjust and unreason-
able until the contrary is proven.
SECT. : Neither said railroad commits
sioners or any railroad company shall in
crease or decrease the charge for the t-ans-
portation of freights on any railroad in this
State without first giving thirty days public
notice of such char ge in svch manner as said
commissioners may determine.
SECT. $. 1t shall be the duty Of said rail-
road commissioners upon the complaint of
the mayor and aldermen of any city or the
.electmen of any town. to make an examina
ton of the rate of freight tariff charged by
any railroad company. any part of whose
railroad or any part of Its location lies within
the limits of any such city or town. And If
twenty five or more legal voters in such city
or town shall, by petition in writing. request
the mayor and aldermen of such city or the
selectmen of such town. to make the said
complaint to said railroad commissioners,
and the mayor aud aldermen or selectmen
refuse or decline to comply with the prayer
OF said petitioners, they shall state the rea-
son for such noncompliance in writing upon
said petition and return the same to the petit
TONERS; and the petitioners may thereupon,
within ten days from the said refusal and re-
turn. present such petition to The said rail-
road commissioners aud said commissioners
shall. II upon inquiry and hearing of the
petitioners, they think that the public good
demands an examination, proceed to
make it in the same manner as upon petition
by the mayor aud aldermen of any city or
tho seIsctmen of any town. Before proceed