The daily state chronicle., 1891-04-01
SYNOPSIS OF THE RAlLHOAD
COMMISSION LAW.

The people of the entire State are IN
terested in the Railroad Commission law
which gees into effect in North Carolina
to day. The CHRONICLE published the
gist of the bill and the debates thereon
during the session of the Legislature.
Inasmuch as the Commissioners meet
to day to enter upon the discharge OF
their new, delicate and important duties,
the CHRONICLE thinks it fitting to pre-
sent to its readers the following carefully
prepared full synopsis of the law:
Section l provides for the election of
three commissioners by the General AS
sembly. 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 proceeding
the expiration of the term of commits
sioner shall elect his successor. In the
event of death or vacancy from other
cause the Governor shall fill the vacancy
by appointment until the next Legisla-
ture meets and elects to fill the vacancy.
The commissioners are prohibited from
being interested in any way in any
steamboat, railroad or other transporta
tion company, express or telegraph CON-
pany, or from being agent, attorney or
employee of such company They are re-
quired to make oath on entering upon Of
flee that they are not, and further, will
not be during their term of Of
flee interested in any Railroad &c; to
discharge the duties of their office without
fear, favor of malice, or reward or the
hope of reward. Ia the event that by
inheritance or otherwise commissioner
becomes possessed of stocks, bonds or
interest in any company to which refer
ence is made in this section, he shall al
once dispose of the same, failing in
which it shall be the duty of the Govern
or to suspend him from Off, and lay
the facts before the n xt General Assem-
bly,, which in joint session shall consider
the question OF removal, to te decided by
majority vote. In case of suspension the
Governor shall appoint to the vacan-
cy, and II the suspended com missioner
be removed by the legislature the per
son appointed by the Governor to ill tht
vacancy becomes his successor to fill out
the terms for which he was elected.
Sec. 2 fixes the salary of the commits
sioners at $4,000 per anuum, payable
quarterly, and requires that their offic,
shall be kept in Raleigh.
Ssc 3 prohibits any railroad company
doing business in this State from charg
ing more than a reasonable rate of toll
for transporting passengers or freight
which Is deemed extortion, subjectine
the company on conviction to fine o
not less than $500 or more S. 900.
Section makes it unlawful by rebat
or other device by common carrier t
evade this act in reference to charge
or to make any undue or unreasonabl
preferences to persons or corporations
and upon conviction thereof, shall b
fined not less than 81, 900 or more tina
$1,000.
Sec. 5, requires the commissioners
make just and reasonable rates TO
freight and passengers, having a due RI
gard as far as practicable for the capita
invested, cost of operation, earnings, an
comp etitiOn of rival lines of transports
ton, to make just and reasonable rule
as to the charges for receiving. handlin
and delivery Of freight, to prevent NJ
just discrimination in the transportatio
of freight and passengers, to make jus
rates for the use of cars, and rule
agains. the paying or receiving of an
rebate or bonus directly or Indirectly, {
deceiving the public in any manner {
to the real rates charged.
Sec. 6, Forbids charging higher rate
for short hauls than long hauls With
the State over the same lines and in tt
same direction, but in special cases upo
application to the commission and sati
factory reasons given this may be dom
but the railroads may make lower rate
for long hauls on freight which com,
from or goes beyond the State. In tt
event of any unjust discrimination, Q
complaint, the commissioners shall il
vestigate, and if they deem the con
plant we'll founded lay the matter b
fore the Inter State Commerce Con
mission for redress under the provision
Of the Inter. State Commerce act. Raj
roads may make conformity with othe
special rates for the development of ma
ufacturing, mining and internal in
provements in the State and also spe
ial rates for excursion and other partie
Sec. z, provides that the rates fixe
by the commissioners or by the railroat
and approved by them, shall, in IL
event Of suit, be deemed prima fac
evidence in the Court as to the rat,
which should be charged. Compani,
are required to post rate schedules j
some conspicuous place. Companit
have the right to appeal to the Superic
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 objects, and th
commissioners refuse to change the rate
after exceptions have been made an,
grounds given, when both sides may b
heard by the Superior Court, from whicl
either may appeal to the Supreme Court
such cases having precedence on th
civil docket OF the Supr. me Court owe
other cases
This section provides the machiner,
for all appeals. A later act of the Leg
islature makes the Railroad Commission
q Court of Record from which appeal
can be made direct to the Suprem
Court.-EDToR
Sec. 8 makes 1t the duty OF the com