The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-01


/ Xix different fs.es for different railroads,
ind for different lines under the same man
/ agement or for different parts OF tho same
| line, " found necessary to do Justice. 10
| fix and establish for all or any connect1as
lines OF railroad IN said State reasonable
| Joint rates or freight chirges Tor tne
\ various classes OF freight aud cars that may
! pass over two or more lines OF such radi-
] road; and " any two or more connecting
4 railroads shall fall to agree upon a iair
1 and Just division OF the charges arising
/ through the transportation OF freight, pas
\ selgers or cars over their lines, the conf
mission is required by said act to Fix the
4 pro rata part OF such charges to be re-
ceived by each of said connecting lines.
Said act also provides in effect that until
the commission shall make the clasSfica-
tons and schedules of rates therein pro-
4 vidci for, and afterward, III they deem It
advisable. they may make partial or spe-
Fetal ciassfications for all or any or the
j railroads subject 10 said dtd and fix rates
10 be thigged by such roads therefor, and
such classification and rates shall be put
In effect In the manner provided for gem
nfal classificauions aud schedules or rates.
And the said act provides that the srid
conn iss,on shall have power, and 1t shall
be its duty from time TO time. TO alter,
change, amend or abolish any classification
or rates established by IL when deemed
necessary md such amended, altered, or
new classification OF rates shall be put into
effect lIi the same manner as the original.
And the said commission lis authorized by
said act TO adopt aud enforce such rules,
regulations end modes OF procedure as 1t
may deem proper, and TO hear and deter
mine complaints THAT may be made against
the classification or the rates, rules, regu-
J latons and Determinations Of the comnis-
sion.
Said act also purports and attempts TO
confer upon the commission the power 10
| lra and rntpS and charges
for each failroai. subject to said act, for
the use or transportation OF loaded or
empty cars on its road, and to establish for
eacf railroad, or for all railroads, the like
, reasonable rates for the storing and hand
ling OF freight and for the use OF cars not
,, unloaded at forty eight hours notice to
, the consgnee, mot to include Sundays. And
the said act also purports to confer upon
the commission the power, ,hd to make 1t
the duty OF said commission to establish
reasonable rates FOR the transportation of
passengers over each or all of the railroa Is
subject thereto, not TO exceed the ra es
fixed by law, md also to prescribe
+ reasonable rates. tolls or charges for all
4 other services performed by any railroad
r | subject thereto.
Said act in effect provides (section ~
. that before any rates shall be established
: under said act the commission shall give
7 the railroad company to be affected thereby
o ten days notice of the time and piaco
WueU ana where une THltS Sndil De liStu'
J. and tho said railroad company shall be
d entitled to be heard ut such time and
n place. to tho end that Justice may be done.
u and shall have process to enforce the at
i tendance of it's Witnesses, which process
II shall I've served as in civil cases.
'. Sections s., & and z of said act are as
. follows.
Sec. g. In oil actions between private
. parties and railway companies brolghs IN
e der this law, the hates, charges. orders.
~ rulas. regulations and classifcations pre-
' scribed by said commission before the In
s stitution of said action, shall be held con-
20 elusive and deemed and accepted to be-
- reasonable fair and just. and In such re
- spect shall not be controverted therein until
?, finally found otherwise in direct action
~ brought for that purpose in the mannEr
- prescribed by sections 6 and I thereof.
" Seq. q. IL any railroad company or
t other party at interest be dissatisfied with
- the decision of any nate classification. rule.
!, charge order, act or regulation adopted by
~ the commission such dissatisfied company
40 or party may file petition setting forth
a tho particular cause Or CAUSES of objection
81 TO such decision act, rate. rule. charge,
N classification or order. OF to either Or all
1e of them. in a court of competent iurlsdc-
n tion In Travis county, Texas against said
ut commission as defeudanr Said action
re SHALL have precedence over all other causes
g. on the docket OF a different nature aud
~ shall be tried and determined IA other
lie tNii NauSts III SdIu Court. EiLueF party
w 10 said action may appeal TO the appellate
1 court having jurisdiction of said cause ana
OF said appeal shall be ut ones returnable to
1t 9ad appellate court at either of it's terms.
ly and such action so appealed shall have pre-
o cetence in said appellate court of all cause.
mt Of different character therein pcning
provided. that II the court be in session at
pe the time s,ich right OF action accrues, cha
he suit may be filed during such term and
&C. stand ready for trial after len days no
in tlce.
DO Sec, I. In all trials under the fore
he going section the burden of proof shall
ad rest upon the plaintiff. who must show by
cf clear and satisfactory evidence that the
as Yates, regulations. ORDERS, casslslcations,
,ut acts or charges complained OF are unreas-
oh onable and unjust to it or them"
D. by section of said act ii is made the
duty or me said commission. as soon as
of the classification and schedule o! rates
Tor provided for in said act are prepared by
OF them, to furnish each railroad subject to
IL the provisions OF said act with a com.
M rlete schedule in suitasle form, showing
are tine classification of freight made by them
ana chs rates fixed by said commission 10
The be charged by such roads for tho transpor
of talon OF each class oil freight, which said
Ia schedule rules and regulations shall pake
,he e.Lect at the date which may be fixed by
In said commission. not less than twenty days
the ana W Is by said ACT made the duty OF said
m fAiroad company 10 cause said scheluies
az TO be printed aud posted in Conspicuous
.r1 place at each OF lis jepots 90 as TO hs in,
ira spected by the public. And the said CON,
m inission by said act Is empowered 10 a,
mi any tima abolish alter or In any manner
.ch amend the said schedules or abolish on
cid amend any such regulations; and In thai
~ event. certified copies of the schedules
AZ rules or regulations showing the change
t,lsren shall be delivered 10 each road as
- therein specified
m. Neither said act nor any other law or the
RED stato OF Texas requires said commission 10
Iss publish schedules and rates specif,ed IA
ai said act before the taking affect OF the
ma same, Or 10 do any other act or thing IN
70. respect thereto, except is required by sec.
~, uoh OIL said act herslnbefore recital.
,Srs IL is PROVIDED in section II OF said aet
re- re lhat II any railroad company or It's asen,
az snail thereafter COLLECT. demand or ec'iye
a, igem any person. comp my, firm or corpora
nj uon' q sreaspr rate charged for co npansa,
- ~. won than that fixed by the comlaisslon for
no the transportation of freight passengers or
ears, or Tor the use OF any car on the lima
-, OF It's railroad or for anv other sarviees
M, periofned or TO be performed BY IL. suen
nor saltreaa company AND It's agent or ofi.iiaa,
IVA Sl.l, ne laama1