Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-21
RAILROAD COMMISSION BILL.

9 81
Special Correspondence of Gazette and Journal.
Dover, Feb. IA. Senator Abbott has
! introduced an act creating q State
Railroad Commission.
The bill provides that the commission
shall he composed Of three MEMBERS to be
appointed by the governor Immediately on
| the passage OF the act, not more than two Of
| whom shall be from any one political party.
They shall be appointed for term Of
four years, and their successors shall be
| appointed by the succeeding governor, on
the second Monday after his inauguration,
for like term. Each commissioner shall
be at least 20 years old, and shall not be
connected In any way with a railroad,
either within or without the State. Sh )uld
any commissioner become interested in the
railroad business, either directly or indi-
| rectly, his Office shall at once become vacant.
No person employed shall hold any other
State or government position, and shall
engage In no business or duty inconsistent
! with that OF railroad commissioner. Each
commissioner shall receive an annual salary
of 81 800, payable In the same manner that
salaries of other State officers are paid. The
commissioners appointed shall meet in
Dover and organize, and select one of their
number as chairman. They also shall
choose h secretary, at a salaiy of not more
THAN $500 annually. Their Office shall be
in the Capitol, IN Dover.
Power Is vested in the commission TO
regulate rates and charges and govern rail
road freight and passenger tariffs TO correct
abuses and prevent unjust discrimination
and extottion in rates OF freight and pass
enger tariffs on the different lines In the
State. The commission also is empowered
to fairly and justly classify all freight and
property of whatsoever character that mny
be transported over the railroads of the
State to such general ard special classes as
may be found necessary and expedient.
1t also shall have authority to fix to each
class OF freight a reasonable rate for each
railroad subject under this law. If any two
cor more connecting railroads shall fail to
agree On fair and just division of the
charges arising from the transportation of
freights, passengers or cars over their lines,
the commission shall fix the pro rata pnrt
of such charges to bs received by each of
of each and every railroad subjec to the
law to provide and maintain adeennte,
comfortable and clean depots for the accom-.
mediation of passengers and suitable freight
depots for the handling of all freights. No
existing laws on the subject are to be re-
peRied by the present bill, however. The
commission shall give the railroads 10 days.
notice of the time and place where rates
shall he fixed before taking definite action
thereon. The commissioners shall have
power to compel the attendance of witnesses
and the production OF way bills, books, ac-
counts, documents and testimony, and to
punish for contempt as fully as is provided
for by the la W for the courts of this State
The decisions of the commission shall lie
deemed and accepted to he responsible, fair
and just. If any railroad company or other
party at interest be dissatisfied with the
decisions of the commissions, such COM
! pany or party may file petition setting
forth with particularly causes of objection
. to the decision in court of competent
jurisdiction OF the State. Apreals to au
rOu ba daaicinuu aE ba
mission may be taken for Just cause.
schedule of rates and the various CLASH
! ficHtious compiled by the commission shall
| be furnished Immediately to each railroad
doing business in the State and be submitted
to each railway agent at the various sta
, tions. The commission will have at all
times the right to examine any hooks ard
papers of any railroad company, and to ey-
anime under oath any officer, agent or EN-
ploye in relation to the business and affairs
of the same. ii any railroad shall refuse to
permit the commissioners or any authorized
person to make necessary examinations,
said railroad for each offence shall pay to
the State not less than SIPS nor more than
$500 for each day it shall SO fail or refuse.
provided that any person other than one of
the commissioners shall make demand shall
produce his authority.
!. The commission shall ascertain as early
| as practical bic the receipts and expenditures
! of the various railroads., including the
, amount expended in CONSTRUCTION and
equipment per mile Of every railway in
Delaware, aud the amount required to re-
3 construct the railroad. 1t shall also ascer.
) tain the outstanding bonds, debentures and
Z indebtedness and the amount respectively
thereof when issued and rate of interest,
, when due. for what purpose issued, how
i used, to whom issued to whom sold. and
. the price in cash, property or labor, ii any
2 received therefor, what became of the pro.
. ceeds, BY whom the Indebtedness is held,
the amount purported to be due thereon,
A the floating Indebtedness of the company,
/ to whom due and his address, the credits
1 due on 1t, the property on hand b slonging
to the railroad company, and the judicial
or other sale of said road, its property OF
franchises and the amounts purporting to
. have been paid and in what manner paid
therefor. The commission shall also ascer
D tain the amount paid for salaries to the off,
q GERS and employees of the railroad. For this
!, purpose the commission may employ
= sworn experts to inspect and assist them
= when needed, and from time to time. MS the
information required Is obtained, it shall
I communicate the same to the attorney-gen-
{ eral by report, aud file a duplicate thereof
a with the secretary of State for public use
! and said information shall be printed from
= time to time and in the annual report of the
commission. The commission shall pre.
Q pare suitable blanks, with questions calcu
0 lated to elicit all information concerning
railroads. and as often as may be necessary
O furnish said blanks to each railroad com
n pany. If any officer or employee of rail
! road company shall fail or neglect to fl
!. out the necessary blanks or refuse TO answer
= any questions, or give false answer HI
: shall be guilty of a mIsdemeanor and or
conviction thereof be fined for each day h,
: shall fail to perform such duty penalty O
$500, and the commission shall cause
i. prosecution therefor in the proper court. A
penalty of like amount shall be recovered
. from the company when it appears thai
!, such person acted in obedience to the de
!, niands of such company.
9 Any railroad company, its officer or agent
who shall charge a greater passenger Of
|. freight rate than that prescribed by thu
! commission shall be deemed guilty of extor
= tion, and shall pay to the State of Delaware
!, not less tnan 500 and not more than IS. 00
for each offence. Unjust discrimination b,
any company is prohibited; is covered b,
l. the same penalty as that prescribed for ex
tortlon. Perishable goods and live stool
shall have precedence in shipping. It shall
be unjust discrimination for any compan,
to charge or receive any greater compensa
tion Tor shorter distance carried than for
longer distance over the Fame line unles
especially authorized bs the commission Il
10 do SO. For each offence, the penalty is no
less than 5000 and not more than So, OUO
70 The railroads shall not be restricted in pro
N vlding reduced rates or free transportation
n IN certain cases, as at present. The pro
|. visions of this NO act shall be construed t
y apply to and affect only the transportation
J. OF freight passengers and cars betwee
}. points within this State.