Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1898-02-16

serve upon the roads interested, sched
ules of classifications of property anC
of joint rates for the transportation o.
such property over such connecting
lines as they may deem necessary anC
the Board shall have power to appor
tion such rates among the companies
interested on petition of any such com
lpany and notice to the other company
or companies interested.
Section 6.-That until the revisions
provided for in this act shall be made
by the said Board of Railroad Com.
missioners the schedule of classifica-
tions of property shipped by freight
in the State of Kansas shall be the
same as were in force December 31st,
1897, and the charges then in force on
any road shall be the highest rates to
be charged by said company and the
said schedules to be thereafter made
annually and the amendments thereto
from time to time with amendments
before the first annual schedule is is
sued shall by the classifcations to be
used and the highest charges to be
made in the State of Kansas.
| Section 7.-"That the Board of Rail-
road Commissioners shall select an
Assistant Attorney General for the
Board of Railroad Commissioners,
who shall hold Office contemporaneous-
ly with the said Board and until his
successor is elected and qualified, SUBJ
ject to removal by the Executive
Council. The said Attorney for the
Board shall receive a salary of s.
per annum payable monthly and shall
take oath to support the constitution
of the State of Kansas and uphold its
laws and attend to the duties of his
Office. 1t shall be his duty to prose
cute all complaints filed before the
said Board unless in his Judgment the
said complaints are frivolous and with
out any just cause.
Section 8.-"That all the provisions
of this act shall apply to ali receivers
or trustees in charge of or operating
any railroad in the State of Kansas by
virtue of any authority from any
source, to the same extent as to a rail-
road company.
Section 9.-''That any officer, agent
or employe of any railroad company
who shall knowingly demand, collect
or receive greater compensation for
the transportation of any property
than that fixed by law or by the Board
of Railroad Commissioners or who
shall discriminate for or against any
shipper or consignee in the classifica-
ton of property, in the charges for
transportation or in any way, shall be
deemed guilty of a misdeneanor and
punished by fine of not more than
$1,000 or by Imprisonment in the coun-
ty jail for not more than one year or
by both such fine and Imprisonment
provision of this law or who shall will
fully obstruct the execution of any
order or judgment of said Board, shall
be deemed guilty of a misdemeanor
and on conviction punished as above
PROVIDED. y X X Y
Section 10.-"That all sums paid to
any railroad company, receiver, trus-
tee, agent or other representative
thereof for freight charges in excess
of the rates established by this act and
the revisions of said rates by the Board
may be recovered by the party paying
the same. with reasonable attorneys
fees in any court of competent juris-
diction.
Section 11.-"That the costs arising
in matters before this Board shall be
assessed against the company subject
to investigation or defendant to the
complaint if the decision of the Board
is given against the said party, but if
not so given the same shall be paid by
the State of Kansas. But if the said
Board of Railroad Commissioners
should decide that any complaint is
malicious the costs of the said pro-
ceeding may be assessed against the
party complaining. xx**
| 0CCllOh Hdl Tue DOdIQ VI
Railroad Commissioners shall have
the same power to vacate or modify
their own judgments or orders that
is now possessed by the District
Courts, but the only power they shall
have to review their making of the
annual schedule shall be that already
heretofore set out in this act, but nc
appeal or proceeding in error from the
Board of Railroad Commissioners
shall operate as stay of any ruling,
decision, order or Judgment of the
said Board except upon conditions
made by the Supreme Court and for
good cause shown in said Supreme
Court after the said action has been
carried to the said Court.
Section 13.-"That appeals and pro
ceedings in error may be taken from
the orders, decisions, judgments and
rulings of the said Board of Railroad
Commissioners to the Supreme Court
of Kansas in the same manner as il
from a District Court to the Supreme
Court. but any party desiring to bt
heard by the Supreme Court must give
notice in writing of his intention t.
appeal to the Secretary of the Boart
within three days from the making O.
The order, decision, Judgment or rul