Evening capital journal. (Salem, Or.) 1888-1893, 1891-02-18

reasonablederms and for a reason
able compensation. Provided, n
railroad shall not be required to re-
ceiye or haul the cars Of another
company unless such cars are adapt
cd TO the gauge Of its track and are
In a condition for safe transpOrta-
tiOn.
Section 2. The compensation for
receiving, transporting and deliver
ing passengers, freight, tonnage and
ears upon aud over connecting lines
Uf railroad as provided In section
one % Of this act, to and from all
points in this state, shall be proper
toned among the several railroads
rendering service therein, according
10 the number Of tons or fraction OF
ton per mile or fraction thereof,
transported by each rallroadi but
due allowance shall be made for
switching, handling Of freight and
cars and delay Of cars, IN proportion
ing the compensation among the
several roads rendering service IN
said transportation; but the rate per
ton per mile for the entire distance
shall not be greater than the rate
charged by these roads or any Of
them, for hauling the same class
and quantity Of freight for an equal
distance wholly over their own line;
out due allowance may be made
for extra switching or handling of
cars or freight, but the same shall
not exceed the actHAl cost Of said
switching or handling; and no con
ccssion, drawback, rebate or contract
for special rates shall be made which
shall not be open to and allowed all
connecting lines alike under the
same or similar circumstances, OF
which would favor one line or lines
of connecting railroad TO tile detri-
ment Of any other line.
Section 3. Railroad companies
shall transport the empty or loaded
cars delivered to them by any con
meeting line, and unload Of loaded)
and return the same with celerity
and within IA reasonable time; and
whenever any railroad company
shall use, retain or detain the cars OF
another company beyond "A time
reasonable or necessary To transport,
deliver, unload, or return the same,
the company using or detaininp
said cars, beyond said reasonable
time, shall be liable 10 II penalty oi
four dollars aud iifly cents per day
for each car 50 uhreasonably used oI
detained.
Section 4. II railroad companies
cannot agree upon the proportion OF
the expense Of making any inter'
section or connection TO be borne
by each, or upon the compensation
for or conditions aud terms Of re-
ceivlng aud transporting passengers,
freight, tonnage or cars, or IA to tho
proportion In which the compensa-
ton for transportation of the same
shall be divided between them, ur
upon any demand for advance
charges made by any company, the
companies, or either of them, shall
Petition the board OF railroad com
niissioners Of this state for relief la
the matter or matters In controversy,
" hich petition, hearing. findings and
relief shalt be conducted aud en-
forced IA provided In sections l0lS,
40l4 iOl5, 1915 and iOl7 OF Hill's
Annotated laws of Oregon,
section 8. That II any railroad
company or person or corporation
operating any railroad In this state
subject To the provisions of this act
shall violate any of the provisions
OF this act, such company, person or
corporation shall be liable te u pen
u IS OF five hundred dollars for each
violation thereof, aud such penalty
may be recovered by an action In
the nanle of the state of Oregon, la
yuy court In any district where
suoh violation shall be made, The
railroad commission shall have au.
inority 60 institute such action
through the district attorney OF the
proper district, aud no such action
shalt bc dismissed without the con,
p, ut of the court aud ~ said ooni-