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

roads shall fail to agree upon q fair and
| the transportation Of freight, passengers
| or cars over their lines, the commission
| shall fix the pro rata part Of such charges
to be received by each of said connecting
| lines.
| (g.) Until the commission shall make the
classifcations and schedules of rates as
| herein provided for, and afterward If they
deem it advisable, they may make partial
or special classihcations for all or any of
the railroads subject hereto, and tx the
rates TO De charged by such roads therefor;
| and such classifcations and rates shall De
| put into effect in the manner provided for
| general classiications and schedules OF
| rates.
(h.) The commission shall have power
and it shall be its duty, from time to time
! 10 alter, change, amend or abolish any
| classification or rate established by it, when
| deemed necessary: and such amended,
| altered or new classifcatiOns or rates shall
| be put into effect in the same manner Us the
| originals
| o. The commission may adopt and
| enforce such rules, regulations and modes
| of procedure as it may deem proper, to
hear and determine complaints that may be
| made against the claSsitications or the
| rates, the rules, regulations and determine
| tons of the commission.
a. The commission shall make reason
able and Just rates of charges for each rail-
| road subject hereto for the use or trans
! pOrtatiOn of loaded or empty cars on its
! road and may establish for each railroad,
| or for all railroads alike, reasonable rates
/ for the storing and handling Of freight and
/ for the use of ears not unlOaded after forty
| eight hours notice TO The conSignee, not to
! include Sundays.
* The commission shall make and es-
tablish reasonable rates for the transporta-
| ton OF passengers over each or all Of the
| railroads subject hereto, which rates shall
not exceed the rates fixed by law. The
commission shall have power 10 prescribe
/ reasonable rates, tolls or charges for all
other services performed by any railroad
| subject hereto
Sec 4. Before any rates shall be es
! tabiiShed under this act, the commission
shall give the railroad company to be af-
/ feCted thereby ten days notice OF the time
| and place when and where the rates shall
/ be fixed; and said railroad company shall
| be entitled to be heard at such time ana
! place, TO the end that justice may be done;
and il shall have process to enforce the at
/ tendance Of its witnesses. All process
! herein provided for shall be served as in
! civil cases.
az The commission shall have power to
adopt rules to govern its proceedings, and
/ 10 regulate the mode and manner OF all in
/ yeStiCations and hearings OF railroad COM
panies and other parties before it, in the es
Enlistment of rates, orders, charges and
other acts required of il under this law;
provided, no person desiring to be present
d any such investigation by said commits
sion, shall be denied admission.
o. The chairman and each of the COM
missioners, for the purposes mentioned in
this act, shall have power to administer all
oaths, certify TO all official acts, and TO com
pei the attendance of witnesses and the
I 81 of
! counts, documents and testimony, and to
| punish for contempt as fully as is provided
by law for the district or county court.
See. 5. In all actions between private
parties and railway companies brought IN
der this law, the rates, charges, orders,
rules, regulations and classitcations pre-
scribed Dy said commission before the insti-
tutiOE ii slch action, shall be held cOnclu-
sive and deemed and accepted TO be reason
able, fair and Just, and in such respects
shall not be contrOverted therein until
finally found otherwise in q direct action
brought for that purpose in the manner
prescribed BY sections q and Z hereof
Sec. +. If any railroad company or other
party at interest be dissatisfied with the
decision Of any rate, classification, rule,
charge. order, act or regulation adopted by
the commission, such dissatisfied company
or part, may file petition setting forth the
particular cause or causes Of objection to
iticatiOn or order, or 10 either or all OF
them. in Z court of competent jurisdiction
in Travis county, Tex, against said com
mission as defendant. Said action shall
have precedence over all other causes on
the docket of a different nature, and shall
be tried and determined rs other civil causes
in said court. Either party to said action
may appea! to the appellate court having
jurisdiction of said cause, and said appeal
shall be at once returnGble TO said appellate
court at either of its terms, and said action
so appealed shall have precedence in said
appellate court of all causes of a different
character therein pending. Provided, that
if the court be in session At the time such
right of action occurs, the suit may be fled
during such term and stand ready for trial
after ten days notice.
Sec. :. IN al trials under the foregoing
section. the burden of proof shall rest upon
the plaintiff, who must show by clear and
satisfactory evidence that the rates. regula-
tons orders, classitications, acts or charges
complained Of are unreasonable and unjust
TO ii or them.
Sec 5 The said commission shall, so soon
as the claSsifcatious and schedules of rates
herein provided for are prepared by them,
furnish each railroad subject TO the proviS-
ions of this act with a complete schedule in
suitable form, showing the classification Of
freight made by them and the rates fixed
by said commission 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 regulations 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 said schedules 10 be printed in
types Of size not less than plea, and shall
have the same posted up in conspicuous
place at each CT its depots, so as 10 be in
spccted by the public SAID commission
may at any time abolish alter or in any
manner 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 rs 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
notice TO, and consent of the commission.
Sec. Q. ANY person, firm, corporation or
association. or any mercantile, agricultural
or manufacturing association. or any body
polite, or municipal organization, complain
ing Of anything done or omitted to be done
by any railroad subject hereto in violation
of any law of this state or the provisions of
this act, may apply TO said commission in
such manner and under such rules as the
commission may prescribe; whereupon, if
there shall appear TO the commission to be
lNl.