The times. [volume] (Richmond, Va.) 1890-1903, 1902-02-12
"WEDNESDAY. FEBRUARY L. 1902.
THELAn AND HE RAILROADS.

challenge Tie Times to deny" said our
Norfolk contemporary, that the railroads
OF this State discriminate against one
shipper and IN favor of another. AND we
further challenge it to deny that there IS
no actual known practical means ny
which the shippers Disseminated against
can obtain redress
We said that we had no knowledge that
such discrimination is made, but dteo our
contemporary to the fact that II so there
Is a remedy at law. SO far as the Id" can
correct such evils. It may be wen enough
TO go a little further into detail: by
an act approved March 3. 1892, it is pro-
riaed that if any common carrier subject
to the provisions OF this act SHAH, direct
IL or Indirectly, by any special rare, re-
bate, drawback or other device, charge,
demand. collect or receive from any per-
.,on or persons a greater or less comDers-
.at;on for any service rendered or to he
rendered in the transportation OF pas
sensers or property. subject to the pro-
visions of this act, than it charges, de-
,nands, collects or receives from any other
person. or persons FOR doing for him or
them a like and contemporaneous service
IN the transportation of a like kind of
traffic, under substantially similar CIR
curnstances and conditions, suct: common
carrier shall be deemed guilty of unjust
discrimination, which is hereby prohibits
ed and declared to be unlawful.
IT is further provided that it shall be
unlawful for any common carrier subject
TO til, provisions Of this act to make or
TO give any undue or unreasonable pref
crcnce or advantage to any particular
person, company, firm, corporation or 10
cality, or any particular description OF
traffic, to any undue or unreasonable
prejudice or disadvantage in any respect
whatsoever.
If that is not an explicit law against
the abuses OF which the Virginian-Pilot
complains, then we do not see how the
English language can be made explicit
So much for the law. Now let us look
TO the remedy It is provided in section
il of the same act that whenever, upon
complaint made to the railroad commits
sioner or from his own knowledge, and
after he has given the common carrier
complained of reasonable notice and an
opportunity to be heard and has fully in
ycstigated the complaint, it shall appear
To said commissioner that any common
carrier doing business in this State has
failed or neglected, in any respect or par
Iicular, to comply with the provisions Of
this act, or with any of the laws of this
Commonwealth relating to the transport
tatfon OF freight and passengers by COM
mon carriers, especially in regard to the
connections with other railroads, the rates
OF toll and the time schedule, he SHALL IN
writing, request the said common carrier
or person operating the company to cor
rect the cause OF complaint. If. after ten
days, the said company neglects or re-
fuses, the said commissioner shall, IN
the name of the Commonwealth, proceed
Il, have adj matters or cause of complaint
adjusted by the Circuit Court or the judge
thereof in vacation. or the county or city
wherein the cause OF complaint arose,
having first given the said common car
.ier or person operating the company,
len days notice, which notice shall con-
tain the cause OF complaint. The case
shall be heard by the said Circuit Court
or the judge thereof in vacation on said
notice and no other pleadngs shall be
required. The said court or judge, if
its decision is in favor Of the Common
wealth, shall, by mandatory or restrain
ing order prevent the common carrier or
person complained of from further con-
tinuing to violate the law. 1t shall also
be the duty Of the commissioner to re-
quire every such common carrier to post
and keep posted conspicuously in every
passenger ana freight depot Of the COM
1any :, COPY of this section, printed IN
large type, on cardboard, in which shall
also be stated the name of the commits
sioncr and the location of his Office, and to
that end the commissioner shall furnish
a sufficient number OF copies
IL is further provided in section 1918
OF tho Code '.that any person or company
asgricveo by any thing done or omitted
IN Violation OF the provisions Of sections
52o7 and l2oS of the general railroad law
against Determinations. may make COM
plant Of the grievance and seek relief
by bill OF equity against the olrepding
company If the grievance complained
OF be established. the court, by injunction,
IS required TO restrain such company
from continuing the same and enjoin ODE
dience TO the requirements of the said
sections. or citile. OF them; and more
o.e-, ascertain the damages to which the
complainant is entitled by reason of such
grievance. and by its decree order the
same to be paid 20 the complainant by
the company or carrier
And so We say again to our Norfolk
contemporary tina: if such discrimination
as it alleges exists the remedy is to be
found. Il found at all. in the present rail-
road law. and no additional enactments
are necessary.
-
PATRICK APPLES.
a Patrick county correspondent calls at