The Advocate and news., 1898-02-16

slOners or who shall discriminate for ol
against any shipper or cOnsignee In the
classification Of property, In the charges
for transportation or in any way, shall bt
deemed guilty Of q misdemeanor and pun
ished by a fine Of not more than 81 900 or by
Imprisonment in the county jail for not
more than one year or by both such fine
and imprisonment and any person who
shall violate any provision OF this law OF
who shall Wilfully obstruct the execution
Of any order or judgment Of said Board
shall be deemed guilty Of q misdemeanOI
and on conviction punished as above pro.
Vided. Any railroad company which by
any OF It's officers, agents employees or 9TH
erWse shall violate any provision Of this
act or shall neglect or refuse to obey any
Judgment order or ruling OF the Board OF
Railroad Commissioners for more than ten
days after notice thereof, or which shall
discriminate In favor OF or against any
shipper or consignee, shall be deemed
guilty of a misdemeanor and shall be sub
ject to fine of not less than 81 900 nor more
than 5000, and each day that such COM
pany shall violate any provision Of this act
or neglect or refuse to obey the judgments,
orders or rulings Of said Board, It shall
be guilty OF a separate, distinct and ad-
ditional Offense and misdemeanor.
Sec. TO- That all sums paid to any rail-
road company, receiver, trustee, agent or
other representative thereof for freight
charges In excess Of the rates established
by this act and the reVislons Of said rates
by the Board may be recovered by the
party paying the same with reasonable at
torney's fee in any court Of competent
Jurisdiction.
Sec. ii. That the cost arising in matters
before this Board shall be assessed against
the company subject to investigation or
defendant to the complaint II the decision
or the Board is given against the said
party, but If not so given the same shall
be paid by the State OF Kansas. But IL
the said Board of Railroad Commissioners
should decide that any complaint is ma
licious the cost Of the said proceeding may
be assessed against the party complaining.
The State shall pay the expenses Of making
the annual schedules except that each
company shall pay a stenographer ap-
pointed by the Board to take the testi-
mony and everything done In making its
own schedule, and II any company makes,
or causes the Board to make expenses the
Board considers uncalled for and for mat
ters not pertinent, the Board may assess
the same against said company.
Sec. II. That the Board of Railroad Com
misslOners shall have the same power to
Vacate or modify their own judgments or
orders within ten days only, and on mo-
tion, that Is now possessed by the District
courts, but the only power they shall have
to review their making Of the annual sched-
ule shall be that already heretofore set
out in this act, but no appeal or proceed
ing In error from the Board Of Railroad
Commissioners shall operate as a 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.
Sec. 1S That appeals and proceedings in
slons, judgments and rulings of the said
Board OF Railroad Commissioners to the
Supreme court Of Kansas in the same
manner as IL from the District court to the
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be heard by the Supreme court must give
notice In writing of his intention to APP
peal to the Secretary OF the Board within
three days from the making OF the order,
decision, Judgment or ruling Of which he
complains and bills of exceptions may be
allowed by the Board signed by the Chair
man and attested by their Secretary at any
time within ten days after the rendition
of the decision Of which complaint Is made.
The time for making the bill of exceptions
expires, but not longer than ninety days
from the rendition of the decision. The
petition In error with transcript of the
record must be filed in the office of the
days after the bill of exceptions is set
tied. The plaintiff in error shall file with
his petition in error bond In such sum
and with such sureties as the Clerk Of the
Supreme court shall approve, conditioned
for the payment OF all costs and to comply
with the judgment Of said court. All ap-
peals and proceedings in error from the
Board Of Railroad Commissioners shall
have precedence of all other civil causes
before the Supreme court and shall be
heard at the first term of the Supreme
court after the filing of the same. The
Supreme court shall have power to hear
and determine all matters brought before
1t from the Board of Railroad Commits
sioners under the terms Of this act as If
the said cause came from District court.
Sec. IA. That this act shall take effect and
be In force from and after its publication
in the official State paper.
Kansas Editora in Nession