The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-26
and Mr.. Gibson declined to vote at all.
MESSAGES FROM THE GOVERNOR.

MESSAGES FROM The GOV ERNOR.
A communication from the governor
notified the house of the approval of H.
B. No 101, comforting upon district judges
the powers formerly vested in probate
courts, and H. B. No. 1O7, saving the
right of appeal in certain cases.
Another communication from his excel
leney transmitted correspondence from
the Commercial club of Dallas, Texas, re-
QueSting that the legislature telegraph the
club at its expense that the people of
Utah, either by the state or individually,
would be represented at the exposition to
be held next year in celebration of the
annexation of the territory acquired
under the Guadalupe Hidalgo treaty.
BILLS INTRODUCED.
These bills were introduced and on sec
ond reading referred.
s. B. No. Y by Candland, to prevent
S. B. No 50 by Sutherland, defining the
duties of the state treasurer.
H. B. No. 100 by Taylor, appropriating
$1,000 for the maintenance of the state
prison.
A NEW RAILROAD BILL.
H b No. 1S1 by Mr. Critchlow. estab-
fishing the office of state transportation
agent and defining his duties. The bill
provides:
First-That ali railroads or common
carriers transporting freight or pas
sengers in the state shall be under the
jurisdiction of the act, and then pre-
scribes that it shall be unlawful to make
an unreasonable charge for such service
and prohibits discrimination in charges
or in handling freight in favor of any
person or corporation as against an
other, and also prohibits the giving -
rebates.
There is created the Office of state
transportation agent, and the secretary of
state is made such state transportation
agent
The transportation agent shall have
authority to inquire into the management
of the business of all common carriers
subject to the provisions of the act, and
shall keep himself informed as to the
manner and method in which the same is
conducted, and shall have the right to
obtain from such common carriers full
and complete information necessary to
enable him to perform the duties and
carry out the objects for which he is ap-
pointed.
A detailed schedule of regulations fol-
lows which transportation companies are
required to observe under penalty of q
$4,000 fine or imprisonment for one year,
or both. No attempt is made to fix
maximum or minimum rates but they are
required to be just and reasonable
If such rates or fares are deemed I'M
just they may be adjudicated under the
following provisions:
Sec. lit Shall be the duty of the
state transportation agent to investigate
promptly and with reasonable diligence
all complaints made to him by persons or
corporations residing or doing business
within this state, of alleged violations of
the terms and provisions of this act, and
to procure and present to the principal
prosecuting officers of the state all facts
and testimony tending to establish the
fact of such violation, if in his judgment,
any such offense has been committed. 1t
shall be the duty of said transportation
agent to furnish promptly and without
cost or expense to any person, company
or corporation, resident of or doing bust
ness within this state, any and all in
charges which are or may have been in
force, charges or collected by any COM
mon carrier subject to the provisions of
this act.
Sect. 12.-Whenever complaint is made
by any person, under oath to the trans
portation agent, that any fare, rate or
charge established, enforced or published
under the provisions of this act by any
thereof, is unlawful, unjust or unredSon-
able, or that any rule, regulation, act or
practice of. any such common carrier is
an unlawful discrimination as defined in
this act, it shall be the duty of the trans
portation agent, if, in his judgment, the
complaint is we'll founded, forthwith to
notify said common carrier to remedy the
grievance or repair the injury complained
of. If, at the expiration of five days
thereafter, no remedy has been given or
reparation made, he shall make report OF
the matter in writing with a full state
ment of the facts to the attorney general
whose duty it shall be forthwith to COM
mence and diligently to prosecute or
cause to be commenced and prosecuted
an action in the proper district court for
the purpose of determining the justice or
of the fare, rate or charge,
or the lawfulness of the discrimination, as
the case may be. In any SUCH action, the
court may also, under proper issues franz
ed, determine what is a just and reason
able maximum or minimum fare, rate or
charge for the service specified and
what, if any, rule, regulation or practice
is fair or reasonable in the particular
instance. All actions SO brought shall
have preference for trial over other civil
actions not of a similar character.
Either party may, upon notice to the
other at any time, move the court 10
modify or vacate the decision so render
ed, but until such modification or Vacd-
ton, it shall, for all the purposes of this
act, be considered conclusive evidence OF
the facts found and set forth IN the ltlug-
ment and decision in any action there
after brought on trial involving the same
or substantially similar questions whether
such actions be between the same par
ties, or between the same common carrier
and other parties or persons doing bust
ness under the same or similar condltlonS
or similarly situated.
In case of a conviction for the violation
of the provisions OF the e acI. the informant I
On motion of Mr.. Critchlow, the Dali
las correspondence was referred to the
speaker to act with the governor as they
deemed best This action was taken as
1t was desired the telegram should be
sent at once to be read before the Texas
legislature.
CONVEYING HOUR TOO EARLY.
Mr.. Clark moved at this time to change
the time of meeting back to the original
hour of o'clock. The motion created
considerable debate but was finally lost.
WANTED A REPORT
Mr.. Critchlow moved that the public
lands committee be instructed to report
the land bill not later than Friday. This,
too provoked extended remarks, and
NJ moved 10 tn \