The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-04-23

Oh u NlJLfIfiiN b'AANi fAiN ~ - Ae4 vi
and determined as other vi causes in
said court. Either part 51id action
may appeal TO the appelli court having
Jurisdiction of said caus and said ap.
peal shall be at once re -Ha0le 70 said
appellate court at either 81 rms aud
said action so appealed shall have prece
dence in said appellate CO art Of III causes
of different character Il erein pending;
provided, that if the court be in session
at the time such right OF action accrues
The suit may be filed drrlus such term
~ ,tand ready for tri;i at.ar zen days
- g..
Sc. :. u. trials undo the iorego-
Jog. burdeu uf proof shall
rest uyy.. ,... intitf, who iaUst show
by clear and "A isfactolH evidence that
the rates, regl..Ations, orders, classitica-
tons, acts or charges complained of are
unreasonable and unjust to it OF them.
Sec. s. The said commission shall, so
soon as the classifications and schedules
of rates herein provided for are prepared
BY them, furnish each railroad SUBJECT
to the provisions of this act with com
plete schedule in suitable form, showing
the classifications of freight made by
them and the rates fixed by said commits
sion to be charged by such road for the
transportation of each class OF freight
and shall cause certified copy OF such
classification and schedule of rates TO be
delivered to each of said railroads at its
principal office in this state, if it has such
office in this state, and if not, then to
any agent Of said company in this state,
which said schedule, rules and 'regula-
tons shall take effect at the date Which
may be fixed by said commission, Not
less than twenty days. Each of said
railroad companies shall cause sad
schedules to be printed, in types. OF size
not less than plea, and shall have the
same posted up in a conspicuous place az
each of its depOts. so as to be ms pactad
by the public. Said commission may at
any time abolish, alter or in any name,
amend the said schedules, or abolish or
amend any such regulations, and in that
event certified copies of the schedules,
rules or regulations, showing the
changes therein. shall be delivered to
each railroad as herein specified. In all
cases where the rates shall not have been
fixed by the commission, no changes
shall be made except after ten days no
tice to, and consent of the commission.
Sec. 8. Any person, firm. corporation
or association, or any mercantile, agrl-
cultural or manufacturing association,
or any body polite, or municipal organ
ization. complaining of anything done,
OF omitted to be done nv any railroad
subject hereto i'll violatj ou ~ any law Oi
this state or the provis us IT taiS act.
may apply to said commission in such
manner and under such "ules as the com
mission may prescribe whereupon, if
there shall appear to the commission to
be any reasonable grounds for Investigate
ing such complaint, it shall give at least
five days notice to such railroad Of such |
charge and complaint, and cali upon said
road to answer the same at Il Lilnl and
place to be specified by the commission }
The commission shall Investigate and de- =
termine such complain under such rules
and modes of procedure as il may adGpt.
If the commission And that there has \
been violation, it shaii determine il the
same was wilful; if it finds thHts uCn Y.0-
lation was not wilful ii may call upon
said road to satisfy the dangs Sc done to
the complainant THEREBY, static" the
amount of such damage ana 10 pay the
cost of such investigate on; and d the said |
railroad shall do so will in .l aue speci-
fled by the commission, .Ac.o snail be
no prosecution by the state; but if said
railroad shall not pay said damage and
cost within the time specified by said com
mission, or if the commission find such
violation to be wilful, it shall institute
proceedings to recover the penalty for
such violation and the cost of such inves-
tigation. All such complaints shall he
made in the name of the state of Texas
upon the relation of such COM
plant. All evidence taken before
said commission in the investiga-
ton of any such complaint, when re-
duced to writing and signed and sworn
to by the witness, may be used by a'ther
party-the state, complainant O. la
railroad company-in any proca=diJg
against such railroad involving the sane
subject matter. The provisions % .h'3
section shall not abridge nor affe the
right of any person to sue for an pen
atty that may due him under Il pro
visions of this act or any other law Of
this state. Provided, further, thu. he
commissioners may require the tesy-
mony so taken before them to be 70
duced to writing when they may deel
it necessary, or when requested to do 30
by either party to such proceeding and r
a certified copy, under the hand aud {
seal of said commission, shall be adGlis- I.
sable in evidence upon the trial Of any
cause or proceeding growing out Of the
same transaction against such rajlroadi
involving the same subject matter and
between the same parties.
Sec. 10. The commissioners or ''.aer
of them, or such persons as they lua
therefor, shall have the right, at .rl
times as they may deem necessary. ll