The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02


shall be recovered and suits thereon shall
be brought in the name of the state OF
Texas in the proper court having turisdic-
ton thereof IN Travis county, or in any
!, county to or through which such railroad
may run, by the Encouragement or under
his direction; and the attorney bringing
such suit shall receive fee of $50 for each
penalty recovered and collected by him,
and 10 per cent of the amount so collected.
to be paid by the state. In all suits arising
under this act, the rules OF evidence shall
be the same as in ordinary civil actions, eX-
cept as otherwise herein provided. All
fines and penalties recovered by the state
under this act shall be paid into the treas
ury of the state.
Sec. 20. Upon application Of any person,
the commission shall furnish certified cop
les Of any classification, rates, rules. regu-
lations or orders, and such certified copies
or printed copies, published by au.
thority of the commission, shall
be admissible in evidence in any suit
and sufficient to establish the fact that any
charge rate, rule, order or classification
therein contained, and which may be in
issue in the trial is the official act OF the
commission.
A substantial com pliance with the re-
quirements of this act shall be sufficient to
give effect to all the classifications, rates
charges, rules. regulations, requirements
and orders made and established by the
commission, ana none Of them shall be de-
clarcd imperative for any omission OF u
technical matter in the performance OF such
act.
Sec. 81 1t is hereby made the duty Of
such railroad commission to see that the
provisions of this act and all laws OF this
state concerning railroads are enforced and
obeycd, and that violations thereof are
promptly prosecuted, and penalties due the
state therefor recovered and collected.
And said commission shall report all such
violations, with the facts in their posses
sion, to the Encouragement or other officer
charged with the enforcement OF the laws,
and request him to institute the proper
proceedings; and all suits between the
state and any railroad shall have precedence
in all courts over all other suits pending
therein.
"a 1t shall be the duty of the commits
sion to investigate all complaints against
railroad companies subject hereto, and TO
enforce all laws OF this state in reference to
railroads. But any two connecting rail-
roads may enter into q contract whereby
any part or all of the passengers, freight or
cars, empty or loaded, hauled or trans
ported by one and destined 10 points on or
beyound the line of the other shall he de-
livered to. received and transported by the
other, which contract, however, shall be
submitted to the railroad commission for
examination and approval, and when so APP
proved shall be binding; but if the said
contract be not approved by the commits
sion the same shall be void, provided that
any connecting line delivering freight TO
the owner or consignee of such freight may
be sued by the owner thereof in the county
where the freight is delivered, for any
damage that may be done to such freight in
its transportation.
Sec. % The terms road" railroad"
RAILROAD companies" and RAILROAD cor
porations," US used herein, shall be taken
to mean and embrace all corporations, COM
panies, individuals and associations of in
dlvldualS, their leSSeeS or receivers zap
pointed by any court whatsocver), that
may now or hereafter own, operate, man
age or control any railroad or part OF n rail-
road in this state, and all such corporations,
companies and associations OF individuals,
their leSsees or receivers, as shall do the
business of common carriers on any rail
road in this state.
a. The provisions of this act shall be
construed to apply to and affect only the
transportation of passengers, freight and
cars between points within this state and
this act shall not apply to street railways
nor suburban belt lines Of railways in or
near cities or towns
(b.) 1T shall be the duty Of the commits
sloner to see that upon every railroad or
branch of same carrying passengers for
hire in this state shall run at least one
train day Sundays excepted) upon which
passengers shall be hauled and the COM
mission shall have no power TO relax this
provision"
Sec %. This act shall not have the effect
to release or waive any right Of action by
the state or any person for any right. pen
atty or forfeiture which may have arisen
or may hereafter arise, under any law of
this state; and all penalties accruing under
this act shall be cumulative of each other,
and suit for or recovery of one shall not
be bar to the recovery Of any other pen
atty; and all laws and parts Of laws in con-
hict with this act are hereby repealed.
Sec. "a. The fact that there is no ade-
quate and sufficient law for the regulation
OF railroads in the transportation Of freight
and passenger traffic, and the near ap-
proach of the close Of the present session,
creates an imperative public necessity and
an emergency, necessitatins the suspension
of the constitutional rule leSuiring bills to
be read on three severs$sys, and it is so
E i in If force Sesd fssp and passage and