The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1891-04-08
SYSOPSIS OF THE RAILROAD
COMMISSION LAW.

1ut l!tOple OF tlo eLIlit otGto arc III
terest.d in the Railroad Commission law
which gees into effect in North Caro- Ina
to day. The CHRONICLE published the
gist of the bill and the deb ties thereon
during the session of the Legislature.
Inasn nch as the Commissone;s meet
to day 10 enter upon the discharge OF
their new, delicate and important duties,
the HRoNICLE thinks it fitting to pre-
sent . its readers the following carefully
prepared full synopsis of the law:
Section provides for the election Of
three commissioners by the General As
sembly. The term of ,ffice is for six
years to begin the first day of April
next following their eiec ion, but the
first commissioners elected shall BE-, one
for two years, one for four and one for
six The Legislature next proceeding
the expiration of the term of a commits
sioner shall elect his successor. Ia the
event Of death or vacancy from other
cause the Governor shall fill ;he vacancy
appointment until the next L~gisa
ture meets and elects to fill the vacancy.
The com missioners are prohibited from
being interested in any way III any
steau boat, railroad or other tranapOrta
tion company, express Or telegraph com
pc =, or from being agent, attorney or
.4tt.p ee of such company They are re
Quifed to make oath on entering upon OF
flee that they a.e not, and further, Will
not be during their term of Of
Ii interested in any Railroad &c; to
d scharge the duties of their office without
fear. favor of malice, or reward Or the
he, <,c nd In tha hot bx
Inheritance or otherwise commissioner
b ,mes possessed of stocks, bonds or
inter. st in any company to which refer
euce is made in this section, he shall al
ouce dispose Of the same, falling in
which it shall be the duty of the Govern
or to suspend him from Off ce, and lay
the facts before the xt General Assem-
bly,, which in joint session shall consider
the question of removal, to be decide by
a maj ority vote. In case OF suspension the
Governor shall appoint to the vacdn-
cy, and If the suspended commissioner
be removed by the Legislature the per
son appointed by the Governor to I'LL the
vacancy becomes his successor to fill out
kSe terms for which he was elected
Sec. s. fixes ttsS salary Of the commits
sioners at $3,0J5 pei perr-sasaaplG anu payable
quarterly, and requires that their office
shall be kept in Raleigh.
Sec 3 prohibits any railroad company
doing business in this State from charg
ing more than reasonable rate of toll
for transporting passengers or freight,
which is deemed extortion, snbjecting
the company on conviction to fi1e Of
not less than $500 or more $5, 900
Section makes it unlawful by rebate
or other device by common carrier to
evade this act IN refereLce to charges
OR to make any undue or unreasonable
preferences to persons or corporations,
and upon conviction thereof, shall be
fined not less than $1,000 or more than
$1,000
Sec. 5, requires the commissioners to
make just and reasonable rates for
freight and passengers, having due re-
gard as far as practicable for the capital
invested, cost of operation, earnings, and
compe tition of rival lines of transporta:
ton, to make just and reasonable rules
as to the charges for receiving. handling
and delivery of freight, to prevent un
Just discrimination in the transportation
of freight and passengers, to make just
rates for the use of cars, and rules
against the paying or receiving OF any
rebate or bonus directly or Indirectly, OF
deceiving the public in any manner as
to the real rates charged.
Sec. 6, Forbids charging higher rates
for short hauls than long hauls within
the State over the same lines and in the
same direction, but in special cases upoI
application to the commission and salts
factory reasons given this may be done
but the railroads may make lower rate:
for long hauls on freight which CONES
from or goes beyond the State. In tn
event of a4.y unj ust discrimination, OF
complaint, the commissioners sha,! III
vestigate, and if they ueem the com
plant we'll founded lay the matter be
fore the Inter State Commerce Com
mission for redress under the provision
of the Inter. State Commerce act. Rail
roads may make copjointly with other
ufacturing, mining and internal i'm
provements in the State and also spec
ial rates for excursion and other parties
Sec. 7, provides that the rates fixet
by the commissioners or by the railroad
and approved by them, shall. in th
event of suit, be deemed prima faci
evidence in the Court as to the rate
which should be charged. Companie
are required to post rate schedules Ii
some conspicuous place. Companle
have the right TO appeal to the Superio
Court from the rates by the commission
ers, and thence to the Supreme Court,
within ten days after the fixing of sue
such rates the company obj cts, and tn
commissioners refuse to change the rate
af,er exceptions have been ma e an
grounds given, when both sides may
heard by the Superior Court, from whic
either may appeal to the Supreme Court
such cases having precedence on th
civil docket of the Supreme Court owe
other cases.
This section provides the machiner
for all appeals. A later act of the Leg
isiature makes the Railroad Commissio
q Court of Record from which appea
es1 bs made direct to the Supren
Coutt. tt.-EDIToR.
Sec. 8 makes it the duty of the con
missioners to investigate the books
railroad companies doing business IN tt
state, to ascertain if the railroad regul;
tioas have been complied with, and ma
examine officers, agents and employees
under oath.
Sec 9 requires that all contracts {
agreements between railroads be submi
b. ted to the commissioners for inspectio
cssod correction, that it may be see
but a,ther they comply with this act.
ecure 10 provides that if any raiiroa
ny, by its agents or employee
t, Sir tlt this act, and # any person
alton;