Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1892-01-01

officer of the State authorized to administer
oaths and shall be filed il the Office OF the all-
ditor of public accounts, and an entry of the
taking of such oaths shall be made on the re.
cords of the proceedings Of said commission
which shall be kept in its Office
In case vacancy occurs in said commission
by death or resignation, when the general as.
sembly is not in session, the governor shall al
once commission some one to fill such vacancy
until the same is supplied by election by the
general assembly. And in case member Of
said board becomes disqualified, lie shall al
once remove the disqualification or resign
and, on his failure to do SO, he must be sus
pended from office by the governor.
| In case of suspension, the governor shall
| fill the vacancy until the suspended commits
sioner is restored OF removed OF his successor
| is elected and cualitei.
THEIR SALARIES AND LOCATION.
| Sec g. Said commissioners shall be furnish
ed with an Office, necessary furniture and
stationery, AMI may employ secretary OF
| clerk at an annual salary of twelve hundred
dollars, at the expense OF the state, and the
annual salary Of each commissioner shall be
three thousand dollars, to be paid from the
treasury of the State. The Office of said com.
missioners shall be kept in the city of Rich.
mond. A majority of the commissioners shall
constitute quorum for the transaction OF
business. They shall select chairman from
their number, who shall preside over the
meetings of the commission, and in his alb
sence the commissioner whose term of Office
is last to expire shall preside in his stead.
A of Mt xaI 70 ho ~ ~,
this act out of the State treasury shall be paid
only Oh the certificate Of the board Of commits
sioners, directed to the auditor of public &C
counts: provided, that the total sum to be ex-
pended by said commissioners for office rent,
furniture and stationery shall in no case eX-
coed the sum of two thousand dollars for the
first wear and fifteen hundred dollars for each
succeeding year.
TO HAVE GENERAL SUPERVISION OVER
RAILROADS..
Sec 4. Said board Of commissioners shall
have the general supervision of all railroads
in this state, and other corporations and asso
Citations doing business as common carriers
and shall examine the same and keep inform.
ed as to their physical condition and the man
her in which they are operated, with refer
ence to the security and accommodation of the
public, and the compliance of the said cor
poratinns and associations with the laws OF
the commonwealth, and the provisions of this
act shall apply to trustees, receivers, OF
others, owning and operating the same.
| THEY SHALL MAKE REASONABLE RATES Fol
| PASSENGERS AND FREIGHT.
The said board of railroad commissioners
| la
for each of the railroad corporations doing
business in this state, as soon as practicable
! a schedule of just and reasonable rates Of
charges for the transportation of passenger:
and freight, and cars on each of said railroads
and said schedule shall, in suits brought
against any such railroad corporation wherein
is involved the charges OF any such railroad
| corporation for the transportation of any pas
senger OF freight or cars, or unjust discrimi
nation in relation thereto, be deemed an(
| taken in all the courts of the state as Suffi
cient evidence that the rates, rules and regu
lations therein fixed are just and reasonabl,
rates and charges, rules and regulations fo
the transportation of passengers and freigh
and cars upon the railroads, and reasonabl,
rules and regulations for the conduct of 50
roads; and said commissioners shall, from
time IS time, and as often as they deem prop
er, change and revise said schedules. WheI
any schedule shall have been made or revised
as aforesaid, it shall be the duty of all sucl
railroad companies to post, at all their re
spectiye stations, in conspicuous place,
copy of said schedule, for the information o
the people; and for this purpose, it shall b
| tbo d1tv of coil M cciO to n F..
copy Of such schedule, by mail, to the chic
transportation officer of each railroad com
pany a >oon as prepared, with notification
appended to said schedule, when the sam
shall go into effect.
THE RATES MADE BY THEM SHALL BE TAKE
IN THE COURTS AS PRIMA FACIE, JUST
AND FAIR.
All such schedules as aforesaid shall b
received and held in all suits as prina taca
the schedule of said commission, without full
Their proof than the production Of the SEIZED
ules desired to be used as evidence, with
certificate of the board of railroad commits
sioners, OF the clerk thereof, that the same i
true copy of the schedule prepared by then
for the railroad company or corporation there
in named, and that the same was duly for
warded as aforesaid to the chief transporta
ton officer of the railroad in question, wit
the date upon which said schedule was for
Warded.
THE RAILROADS MAY APPEAL TO THE
COURTS.
| Provided that if any railroad in this stat
shall deem the schedule OF rates, OF the rule
F and regulations fixed by the commissioners
as to passenger fare Or tariff on any class o
merchandise namel in such schedule, unrea
sonable, the said railroad company may appl
in writing to said commission for correction
Of the same, specifying the ground of griev
ance and asking that the same may be cor
e rected; and if, upon the hearing, the commits
e sion refuse to comply with said requst. tn
t company so aggrieved may, upon ten days
notice thereafter, appeal to the CHANGER
> court of tie city of Richmond; and the sal
: commissioners shall thereupon transmit f.
the saidchancery court record of their deter
t minaaons of the rates Of SAID company, wit
;, The exceptions OF the company thereto, an,
tbdr decisions thereon, and all the paper
e nd evidence considered by them in maxim
h Eheir decision. The said cause shall b
Il placed on the docket of said court, and shall
have precedence of all other causes, and shall
be tried under the same rules and regulation
as are prescribed for the trial of other causes
except that the rate fixed by the commission
ers shall be taken to be prima .tacie just AM
fair; provided the appeal may. by consent O
the commissioners and the company, be hear,
and determined in chambers before the circui
Judge of any circuit through or into which tn
railroad may extend. This cause shall b.
entitled the State of Virginia on the Relation
of the Board of Railroad Commissioner
against such Companies. Either party ma,
appeal to the supreme court from the judy
ment of the said court, under the same rule
and regulations as are prescribed by law to
appeal, except that the State of Virginia, if i
shall appeal shall not be re luired to Civ
any bond to secure the costs of such anneal