The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1891-06-04
SYNOPSIS OF THE RAILROAD COM
MISSION LAW.
Raleigh State ChronicIe.l


The people of the entire State are
interested in the Railroad Commission
law which goes into effect in North
Carolina. The CHrOnicH published
the gist of the bill and the debates
thereon during the session of the Leg
stature InasmuCh as the Com
missioners entered upon the dis
charge of their new, delicate and
important, the Chronicle thinks it
fitting to present to its readers the
following carefully prepared synopsis
of the law:
Section I provides for the election
Of three commissioners by the General
Assembly. The term of office is for
six years, to begin the first day of
April next following their election,
but the first commissioners elected
shall be, one for two years, one for
four and one for six. The Legislature
next preceding the expiration of the
term of commissioner shall elect his
successor. In the event of death or
vacancy from other cause the Gov
ernor shall fill the vacancy by appoint
ment until the next Legislature meets
and elects to fill the vacancy. The
commissioners are prohibited from
being in any way connected with any
steamboat, railroad or other Transport
tatlon company, express or telegraph
company, or from being agent, attorney
or employe of such company. They
are required to make oath on entering
upon office that they are not, and fur
ther, that they will not be during
their term of Office interested in any
Railroad, &c; to discharge the
duties of their office without fear,
favor or malice, or reward or the hope
of reward. In the event that by in
heritanCe or otherwise a commissioner
becomes possessed of stocks, bonds or
interest IN any company to which ref
ercnCe is made in this section, he shall
at once dispose of the same, failing in
which it shall be the duty of the Gov
crnor to suspend him from office, and
lay the facts before the next General
Assembly, which in joint session shall
consider the question of removal, to be
decided by majority vote. In case
of suspension the Governor shall APP
point TO the vacancy, and if the sus-
pended commissioner be removed by
the Legislature the person appointed
by the Governor to fill the vacancy
becomes his successor to fill out the
terms for which he was elected.
Sec. fixes the salary of the COM
miSslOners at 81 900 per annum, pay
able quarterly, and requires that their
office shall be kept in Raleigh.
Sec. 5 prohibits any railroad COM
pany doing business in this State from
charging more than a reasonable rate
OF toll for transporting passengers or
freight, which is deemed extortion
subjecting the company on conviction
to fine of not less than $500 or more
than S5,o
Section J. makes it unlawful by re
bate or other device by common car
rier to evade this act in reference &c
charges or to make any undue or un-
reasonable preferences to persons OIL
corporations, and upon conviction
thereof, shall be fined not less than
$1,000 or more than 5000.
Sec. 5 requires the commissioners
to make Just and reasonable rates fol-
freight and passengers, having due
regard as tar rs practicable for the
capital invested, cost of operation
earnings, and competition of rival
lines OF transportation, to make Just
and reasonable rules as to the charges
for receiving, handling and delivery
OF freight, to prevent unjust discrimi-
nation in the transportation Of freight
and passengers, to make lust rates for
the use of cars, and rules against the
paying or receiving OF any rebate Oh
bonus directly or indirectly, or de
ceiylng the poblic in any manner a.
TO the real rates charged.
Sec. forbids charging higher rate:
for short hauls than long haulS within
the State over the same lines and II
the same direction, but in special case
upon application to the commission
and satisfactory reasons given this ma,
be done, but the railroads may maxi
lower rates for long hauls on freigh
which comes from or goes beyond tht
State. In the event OF any unjust dis
elimination, on complaint, the com
mlssioners shall investigate, and if the
deem the complaint well founded Ia,
the matter before the Inter State Com
mission for redress under the provis
ions of the Inter State Commerce act
Railroads may make conformity witt
others special rates rates for the devel
oPmcnt of manufacturing, mining ant
internal improvements in the State anC
also special rates for excursion an,
other parties.
Sec. 7 provides that the rates fixe,
by the commissioners or by the rail
roads and approved by them, shall, il
the event of suit, be deemed Drim
tacie evidence in the Court as to tn
rates which should be charged. Con,
panles are required to post rate SEIZED