The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-06-09
Construction Of the Ayres and Other Acts
Of the Last Legislature.
:" PROTECTION" OF A BILL OF LADlNC
Can BE Done I'm Only One Way with
out Incurrinr Penalty Under
Some Section.


fore us, in which you inquire II you ARE I
not compelled to protect Texas bills of !
lading when rate appearing OH same.
through error or otherwise. is below rcgu-
lar tariff"
The question you present grows out oil
the act of the legislature which was APP
proved on tie Goth of March, 1899. enti- 6
tied IAN act to prohibit railroad COM
panies, their officers agents srd employees
from making excessive charges for carry
ing and transporting freights, goods, wares
ard merchar disc, and to require SAID COM
panies, their officers agents and employees
to deliver freight, goods wares ana ner-
chandise on the payn ent OF the freight
charges due as shown on the bill OF lad
ing and to provide penalties for the Vlo-
lstion of said act"
It becomes necessary to construe TINS
act with others bearing en- the same ques-
ton. The first clause of article i562 OF the
Revised Statutes (the railroad commission
law provides that the railroad commits
sion shall adopt all necessary rates,
charges and regulations to govern and reg
ulate railroad freight and passenger
tariffs" This has been done.
Article 1857 Revised Statutes, requires
! the commission las soon as the classlhca-
tions and schedules of rates herein pro-
vided for are prepared by them to furnish
each railroad company with such schedules
and classihcations. This has also been
done
Article 1875, Revised Statutes, provides
that; IF any railroad subject hereto, d.
rectly or indirectly, or by any special RATE
rebate, drawback or other device, shail
charge, demand, collect or receive from
any person, firm or corporation sFea'er
rate. charge or compensation than that
fixed and established by the railroad com
mission for the transportation of freight
messengers or cars or for the use OF any
car on the line of its railroad or any line
operated by il, or for receiving, ior"aru-
ing, handling or storing any sucn lFelsus
or cars, or for any other service performed
or to be performed by it, such raliroad
compuny and its said agent or olhceI sndi ~
he deemed guilty of eXtortion, ana shai'
forfeit ard pay to the State of Texas
sum not less tran 500 nor more than
$1,000 ,so
Article 457i, Revised Statutes, provides
that, "If am railroad subject hereto, dl-
I rectly or indirectly or by any spe9lal rate'
: relate. drawback or other device shall
e charge demand collect or receive from
any person firm or corporation greater
or less compensation for any service rem
r dered by it or to be rendered by 1t, than
l. II charges. demands, collects or receives
q from any other person, firm or corporalloN
4 fo. doing like and ccntemporaneous SCI
vice. such railroad shall be deemed slli.
of unjust discrimination, which Is hereo'
~ prohibited ,.-, rro
y And subdivision of that article pro
vides that Amy railroad company Vlolat
ing any provision of this article snail o
. deemed guilty of unjust dlscrunlnation
and shall for each offense pay TO me S seo
OF of Texas a penalty of not less than Soo
st nor more than $5Ooo' .,,,,o
B. There are other provisions In relauo
&c to this subject which 1t Is not necessary
Sc quote. ,,,,ot o,
1899 caption of which is above quote
provides: THAT it shall be unla"tul !.
ar anv railroad company in this state Jus W
It's ficers, agents or employees to cnarBe an
~, collect or to endeavor to charge anu W
- ect. from the owner. agent or conslsH'
e of any freight goods, wares and merchai
o. disc of any kind or character whatsoeVe
u a greater sum for transporting SAID tre'sh
az "a goods wares and merchandise than
,Dr specified on the bill of ladlng.
The penalty for violating TINS proFlsn
is liability for damages TO an amount equ
to the freight charges LOT every Jay
goods. wares or merchandise may De he
ng after tender of the amount shown 10
due by the bill of lading
,rn This act does not repeal or suspend I
80 provisions of the commission law aoo
zen quoted. 1t is added legislation when
out unnecessary and is confusing
ted 1t Is necessary also in this connection
civ refer to the act of the Legislature APPROX
~ on Nav 16. 1899 entitled AN act TO deh
MP and punish unjust discrimination by
ght hcers agents servants and employees
1il- receivers. their officers. servants age
d. and employees of railroad companies IN u
cry State" go
ak Section /. That If any officer age
the clerk servant or employe or any recel
nv his servants. agents or employees, OF
railroad in this State, shall, directly OF
directly. or by any special rate, reoy
the drawback or other device, for ana on
ma half of such railroad company, Known
charge. demand contract for Collect
W receive from any person, hrm OF Coi ~
luF- ton, a greater or less conpehsa .on
tent eny service rendered or TO be rendered
lore anv such railroad company in this 81
tara than such railroad company, or It's sala
of fcers agents clerks, servants or e
cyl Moves. or receiver thereof, charges
mands. contracts for collects or rece
from any person, firm or corporation
doing a like and contemporaneous
vice. or II any ofhcor agent, Ky y,
"A want or employee or receiver or DIS ass
servants or employees, OF any railroad G.
rany in this State, who shall tof ane
behalf of sueh railroad company max
nh, give any undue or unreasonable prefer
gll or any advantage to any particular per
company. Arm. corporation or locails'
----" TO any service rendered or TO be reno
~ or performed by such railroad comp
~. or TO subject any particular descrlpllo
traffic on such railroad company 70
undue or unreasonable prejudice aeia
disadvantage in any respect Whaie
,olIa such officer clerk, servant or employ.
receiver. his age nts servants or emnl'
rams of such railroad compapy, shall be ae'
guilty of unjust Discrimination within
hour meaning of this act, and on conVlo
Com thereof shall be punished by eonlne'
2, 3, in the State penitv1tiary for nor Tess
caves two nor more than FIVE years
Answering your question, In view o
e re- foregoing provisions OF law. we must
sday, That il any railroad, its officers,
We at shall charge and collect on any treii
e the greater sum than that provided for
80 p 90 mmisslon they will be liable 10 me
PIC atty prescribed in article 4oio OF the
yieed Statutes, above quoted
Q II any railroad, its otneers' cue,
charge and collect a greater sum iron
,,..to, 1890, arm ar corporation than tror