The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-31

the result of any informal ton or COM
plant as to the reasona bIeness OF trans
! portatiOn charges or any other contro-
versy in said court, shall on application
be made party to the proceeding.
Sec y. Any aSgrieved person, corpor-
ate, quasi corporate, or otherwise, al
though not party to the suit, shall
have the right to enter appearance
therein, as relator, at any time, and, on
showing the court that its decree is be-
ing violated, secure enforcement there
of.
Sec. %. The provisions of the code of
civil procedure as to the admission, in
spectiOn, production and proof of docu-
ments shall apply to said court otVlsita-
ton
Sec. "a. If, upon the hearing of an in
formation alleging the unreasonable
ness of any railroad company's rate for
the transportation of any article or
schedule of articles between given
points on it's line within the state, the
court shall deem it probably unjust that
such rate or schedule alone should be
changed without changing or revising
the entire schedule as to such articles
over the entire line of such company,
the court may order the information to
be amended so as to bring such entire
schedule before it for consideration;
and shall order the said company to an
SWer such amended information, and
shall as soon as may be proceed thereon,
saving all testimony already taken or
adduced.
Sec. %. When the court proceeds for
the first time to determine what is a
under consideration, the burden of proof
shall rest on the railroad company to
show what is reasonable charge. On
all subsequent proceedings to charge or
modify any charge, the burden of proof
shall rest on the party moving to change
or modify to show that the charge al
lowed by the prior decree of the court
is unreasonable.
Sec. 20. No schedule of rates, special
contract, or agreement, promulgated or
entered into by any railroad company.
shall be receivable in evidence on be-
half of such company as proof tending
to show what is a reasonable charge
for any services. Nor shall the fact
that any railroad company has been
accustomed to demand or receive any
given rate of compensation for any ser
vice be received as evidence of the rea-
sonableness of such charge or of the
right of the company to demand it.
Sec. q. In any case in which a de-
PENDANT duly served with citation shall
fail to answer the information, the
court shall proceed to enter such decree
as the avermentS of the information
warrant or may proceed to take proof
and enter decree thereon.
Sec. %. Upon the conclusion of every
trial the court shall without unneces-
sary delay proceed to enter such
such decree as the pleadings and
proofs warrant. After the trial
of any action involving the reasonable
ness of a general schedule of freight
charges on any line of road, the court
shall find specially such facts as it
Q60LlS LlOSL material. 1t may nDu the
value of the line of road and of all pro-
perty used in connection Herewith.
either separately or in gross, the actual
cost thereof, the amount of the capital
stock, bonded and other indebtedness
of the company, what, if any, part there
of is fictitious or fraudulent, the average
yearly revenues of the company and the
sources from which they are derived,
whether it's revenues will probably in
crease or diminish, the average expen-
ses of operation and maintenance and
the purposes to which they are devoted.
what, if any, unreasonable or unlawful
uses are made of the funds of the COM
pany, as we'll as other matters deemed
of special importance; but the failure of
the court to make such findings or any
of them shall not be ground for rever-
sal of it's decree. It shall lind generally
as to the reasonableness Of the
it's discretion find specially as to par
ticular items. The court shall there
upon enter a decree in accordance with
its findings and decisions, adjudging
and decreeing what are reasonable rates
for each and every charge and service
at issue in the case, and perpetually en-
joining the defendant from demanding,
charging, or receiving any other or diff
ferent rates or charges than such as are
by the decree determined to be reason
able. The decree shall employ a COM
plete schedule of the charges adJudged
to be reasonable, and the classification
of freight applicable to and necessary
for the explanation thereof
power court of chancery to rehear
any order or decree; the time for, and
the procedure upon, an application to
that end to be prescribed by the rules of
the court.
Sec 80 Copies of each order or decree
determining what are reasonable freight
rates or other charges for tranSpOrta-
ton shall be printed, by each railroad
company affected thereby in plain.
legible type, and posted in place con-
venient for the public use in each depot
and station house on the line of its
road. within ten days after service of a
certified copy thereof on such railroad
company, unless longer time be allowed
by the court.
Sec. 81 Where a defendant company's
line connects with some other line
lines of some other company or COM
panieS in this state, and the information
complains of rates between points on
both lines, such other company or COM
panies must be Joined as defendant or
defendants; and in such case the hear
ing and decree shall include the joint
rates and the appOrtiOnment thereof
as well as the rates on such connecting
line or lines, and all such rates shall
be entered and promulgated and shall
take effect in like manner and time, as
prescribed in the next preceding section.
Sec 81. If, after the PRONUNCIATION of
any order or decree of said court, any
railroad company bound thereby shall
refuse, or for thirty days shall neglect,
to comply with or obey, in good faith,
such order or decree, the court may,
upon application made on three days
notice to said railroad company and
proof of such neglect or refusal, order
sequestratfon of the whole, or any part
of said company'S property, owned or
leased, and appoint a receiver or re-
ceivers to forthwith take possession and
charge of said property or designated
part of said property and operate the
same and carry such order or decree
into effect; and property SO taken shall
be operated by such receiver or re-
ceivers, who shall receive all income
therefrom. until such company shall