The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1901-03-01

effect such rate as IL deems reasonable,
and notify the company OF the same,
and such rate so made shall be imme-
diately posted in conspicuous place
in the nearest depot. If the mayor
and council or trustee refuse to act.
upon the petition of twenty-five resi-
dents, such petition sent to the
Board shall authorize and compel them
to investigate without the action Of the
city or township officers.
The consignor or consignee OF
freight may also make complaint in
like manner so that power Is given to
every one interested in freight rates.
whether directly or indirectly, to set
the Board in motion.
Railroads are forbidden to
Du.es VI charge unreasonable
freight rates, to charge
more than cents per mile for passen-
gers, to discriminate between different
points or shippers, to charge more for
short haul than long haul, to make
secret rates or give any rebates or
drawbacks. They must furnish cars
upon notice, and If they fail TO do so
the shipper may recover. in addition to
his actual damages caused by such
failure, the sum of 81 per day for every
days delay on each car. One railroad
may complain against another of un-
reasonable shipping or connecting
charge and have it adjusted and are
forbidden to add switching charges to
the freight charge. They are prohibit
ed from pooling, rate sharing dividing
earnings or combining, under pen
atty of $1,000 per month for each
month of such arrangement. They are
not allowed to change rates or CLASH
ficatioI without the consent of the
Board. They must obey all orders of
the Board as hereinbefore provided
and must on the first of every Septem-
Der make full report to the Board of
their capital stock, earnings, divi-
dends. receipts, disbursements, Operat-
ing expense, cash value of road, etc,
which the Board is to transmit to the
governor in it's annual report on the
first of December following.
Penalties 1t is made perjury for any
Laid Upon person to swear falsely be-
Railroads fore the Board in any of
these matters. Any road falling to
obey an order of the Board is liable to
fine of 500 day for each days re-
fusal, to be recovered by the attorney
general for the benefit of the school
fund. In addition penalty of from
$100 to SIS, 1000 may be recovered in any
county by the county attorney for the
proper county. Any individual ag-
grieved or injured by failure of the
road to obey such orLer of the Board
may recover treble damages and
reasonable attorneys fee, to be fixed
by the court. In addition, any indi-
vidual aggrieved may go into the SUI
preme court and by mandamus compel
the road to obey the order.
Besides all these penal
ro"er Ok ties and remedies the
'he BOAR" Board itself may order
the attorney general to bring man
damus action in the name of the state
to compel the railroad to obey its or
ders, and all such suits have prece-
dence in the Supreme court over all
other cases except criminal cases. So
it will be observed that if railroad
fails to obey any order of the Board 1t
is liable:
First, to fine of 500 day for such
refusal.
Second, to lump fine III each county
of not to exceed $4,000.
Third, to an action in treble damages
by the party aggrieved.
Fourth, to an action in mandamuS in
the Supreme court by the party ag-
grieved, and
Fifth, to an action by the board it
self. conducted by the attorney gen
eral, with the whole power of the state
back of it.
This is the capstone to the whole
bill. The old commission had not this
power, and it's weakness in that re-
spect was a great drawback The
Pops attempted to remedy this in the
Court of Visitation bill by permitting
the court to make and also enforce c.
ders. This comforting legislative and
judicial functions upon. one body was
properly declared unconstitutional by
the courts. The present Board has full
power to enforce it's own orders by
proper process in the Supreme court,
and this makes it the strongest COM
mission in the United States.
One single sop. and only one, was
thrown to the RAILROADS.. AS Cave OF
Haskell said. We've skinned EN- from
head to foot, let's leave one piece or
hide" and it was done.
If a passenger neglects to buy a
ticket the conductor is allowed to
charge ten cents extra, for which re-
ceipt is given, and the passenger can
get RETURN of his money on this re-
ceipt at any station of the road. 1t
simply makes it more convenient for
the passenger to buy ticket, and en-
ables the road to protect itself against
a dishonest employe.
Perhaps the best test OF the new law
is the contrast of the attitude of the
railroads toward 1t. The railroad at
torneys made no protest against the
Court of Visitation bill. They are
kicking vigorously over the new law.
1t is rigid, it is binding. but it is con-
stitutional and will stand the test OF
the courts.
When the new Board makes an order
it will be obeyed. 1t has been openly
and fairly constituted, and it will be
fully and freely obeyed when it acts.
1t is the strongest railroad law, the
most powerful railroad commission, at
the lowest cost, that has been estab-
lished by any state in the Union.
nj