The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-04-23
viction tkerof fined in a sum Of not less
than sion nor mora than efao1

|
to this act shall do, cause TO he done or
permit to be done any1 matter act or
thing in this act prohibited or declared
to be unlawful, or shall omit to do any
act, matter or thing herein required to
be done by it. such railroad shall be
liable to the person or persons, firm or
corporation injured thereby for the
damages sustained in consequence of
such violation: and in case said railroad
company shall be guilty of extortion or
discrimination as by this act defined,
then. in addition to such damages, such
railroad shall pay to the person, firm or
corporation injured thereby penalty of
notices. than $125 nor more than $500, to
be recovered i'll any court of competent
jurisdiction in any county into or
through which such railroad may run,
provided that such road may plead and
prove as a defense to the action for said
penalty that such overcharge was I'M
Intentionally and innocently made,
through mistake of fact; provided that
any such recovery rs herein provided
shall in no manner affect a recovery by
the state of a penalty provided for such
violation.
Sec. 10. If any railroad, as aforesaid,
shall wilfully violate any other pro-
visions of this act, OF shall do any other
act herein prohibited, OF shall fail or
refuse to perform any other duty en-
joined upon it, for which a penalty has
not herein been provided, for every such
act of violation it shall pay the state of
Texas penalty of not more than $4,000
Sec. 10. All of the penalties herein
provided, except as provided in section
II, shall be recovered, and suits thereon
shall be brought in The name of the
state of Texas in the proper court hav-
ing jurisdiction thereof in Travis coun-
ty, or in any county to or through which
such railroad may run, by the attorney
| general or under his direction: and the
attorney bringing such suit shall receive
a fee of $50 for each penalty recovered
and collected by him, 10 per cent of the
amount so collected to be paid by the
state. In all suits arising under this act
the rules of evidence shall be the same
as in ordinary civil actions, except as
otherwise herein provided. All fines
and penalties recovered by the state I'M
der this act shall be paid into the treas
ury of the state
Sec. 20. Upon application of any per-
son the commission shall furnish certi-
fled copies of any classification, rates,
rules, regulations OF orders. and such
certified copies, or printed copies, pub
lished by authority of the commission,
shall be admissible in evidence in any
suit and sufficient to establish the
fact that any charge, rule, order or
classification therein contained, and
which may be issue in the trial is the
official act of the commission.
A substantial compliance with the re-
qllirements OF this act shall be sufficient
to give effect to all the classifcations,
rates, charges. rules, regulations, re-
quirements and orders made and estab-
lished 10y the commission, and none Of
them shall he declared imperative for
any omission of Il technical matter in the
performance of such act.
Sec. 81. 1t is hereby made the duty
of such railroad commission to see that
the provisions of this act and all laws OF
the state concerning railroads are en-
forced and obeyed, and that violations
thereof are promptly prosecuted, and
penalties due the state therefor recov-
cred and collected. And said commits
sion shall report all such violations, with
| the facts i'll their possession, TO the attor-
general or other officer charged with
the enforcement of the laws, and request
him to institute the proper proceedings;
and all suits between the state and: any
railroau shall have precedence in all
courts over ali other suits pending
| therein.
(a) 1t shall be the duty of the COM
mission to investigate all complaints
against railroad companies subject here
to, and to enforce all laws of this state
in reference to railroads. But any two
connecting railroads may enter into a
contract whereby any part or all of the
passengers. freight OF cars, empty or
loaded, hauled OF transported by one and
destined to points on OF beyond the line
OF the other shall be delivered to, re-
ceived aud transported by the other,
which contract, however, shall be sub
mitted to the railroad commission for
examination and approval, and when so
approved shall be binding; but if said
contract be not approved by the commits
sion the sallc shah be void. Provided,
that any connecting line delivering
| freight To the owner or consignee of such
| freight may No sued by the owner there
| of III the CO where the freight is de-
livered, ! T. damage that may be
done to -. light in its transporta-
ton.
Sec. :! lac terms ''road, railroad"
"railroai Companies" and "railroad cor
porations,' AS nerein used, shall be taken
to NEAL and e.nbrace all corporations,
companies. individuals and associations
of indlvidnal,s their lessees or receiv ers
(appointed by any CONT whatsoev 9r), that
may now ~ hereafter own, operate man
age or control @nv railroad or part of a
railroad III this state, and all such cor
pOrationS. 3nG;Olnles and associations of
individuals tiIyi lessees or receivers, as
shall do ~ bG~2n of common carriers
on any railroad III This state.
(a) The provisions of this act shall be
construed 10 apply to and affect only the