The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-18

senger. or freight tranic, and upon the
adoption of any new classification,
schedule or rates, rules or orders by
any such railroad company, 1t shall
within ten days thereafter furnish SAID
board with copies thereof; and the fall
ure Of said company, to which any OF
the provisions of this act apply, to fur
nish any of the things above provided,
within the time specified, shall subject
such railroad company to a nne OF not
less than one hundred dollars nor more
than one thousand dollars for each day
| that such failure and neglect shall con-
| tinue, and each day of such continuance
shall constitute q separate offense-
Sec. 9. Whenever in the Judgment
of the board of railroad commission
ers it shall appear that any railroad
/ corporation or other transportation
company fails in any respect or par
| charter or the laws of the state. or
! whenever IN their Judgment any re-
pairs are necessary. upon its road, or
any addition to its rolling stock, or any
addition to or change of its stations,
switches, side-tracks, spur-tracks, sta
ton houses, or any change IN the
mode of operating its road and con-
Quoting it's business is reasonable and
expedient in order to promote the Sc
cur1ty, convenience and accOmnOuA-
ton of the public, or shippers located
on the right of way or upon property
abutung thereon, said commissioners
shall inform such corporation of the
imprOVem entS and changes which they
adjudge to be proper, by a notice
tn ereof in writing, to be served by
leaving a copy thereof certified by the
secretary of the board OF railroad COM
rnisSioners with any station agent,
clerk. treasurer or any director of said
corporation; ana if such orders are
not complied with, the said commits
sioners upon complaint shall proceed
to enforce the same by action in the
in
provisions of this act as in other
cases.
Sec. 10. 1t shall be the duty of the
commissioners to carefully examine all
tariffs, rates, charges and classihca-l
ton, as well as all rules and regula-
lions, made and published by the rail-
road companies operating lines OF ROAD
in this state, for the purpose of being
fully informed as to their scope and
nature, and if the board shall at any
time have reason to believe that any
tariffs, rates, charges or clasS1hcatlons,
or any rules or regulations OF any rail-
road company, as to the handing OF
cars or the running of trains are UNI
reasonable, discriminative, or in any
way violative of the laws of this state,
or of the acts of congress for the regu-
lation of interstate commerce, 1t shall
direct the attention of such railroad
company to the matter wherein such /
violation may consist and request Its
correction.
Sec. II. That section IS of chapter 2s6 t
of the session laws of 1901 be AMENDED
so as to read as follows:
It shall be the duty of said board OF
railroad commissioners upon the COM /
plant of any person, firm or corpora
ton or the mayor of any city, setting !
forth that the freight tariffs put into /
effect by any railroad company, or any +
freight charges or classificatiOns made /
by such company, or any rules or regu-
Iations as to the handling of cars, the
Of trains, or other matter con-
such company in the operation
Of it's road are unreasonable, d1scr1ml-
native or otherwise violative OF the
laws of Kansas or of the order of said
board, to make an immediate exam1na-
ton of such complaint, and forthwith
notify the company complained against
Of the filing thereof. If the matters
of are not rectified within
ten days after such complaint was filed,
The board shall set down the complaint
for hearing at specified time and
place. Before proceeding with such
hearing the board shall give to the
and railroad company ten
lays notice in writing of the time and
place of entering upon same. Such COM
plant shall be heard in an informal
manner without further pleadings, and
Inder such rules and regulations as the
BOARD may from time to time provide,
n order to secure a speedy hearing ana
IN equitable determination of the ques-
ions involved. Counsel for the board
# railroad commissioners shall appear
It such hearing on behalf of the COM
claimant or complainants, and the COM
claimant or complainants, may if they
iesire, employ other counsel to assist
n the preparation and hearing of said
complaint If upon such hearing it
hall appear to said commissioners that
he complaint is well founded and that
my material matters alleged are true,
hey shall so adjudge; and shall then
md there fund and decide what are
easonable tariffs, charges, dissatisfac-
ions, rules or regulations respecting
he matters involved. And whenever
he board of railroad commissioners
hall decide what is a reasonable
harge for any freights, based on the
classification existing at the time of
uch decision. such classification and all
ates and claSsificationS now in effect
hall not be altered thereafter without
he consent of the board, so as in effect
o increase such charge as to any class
f goods, but such decision as to what
S a reasonable charge shall be inter
'reted according to the classification ex-
sting when the decision was made.
Sec. II. Each witness who shall ap-
year before the board, or any member
hereof, in answer to a subpoena, shall
eceive for his attendance one dollar .
nd fifty cents per day and three cents
,er mile, Travelled by the nearest
practicable route, in going and return !
1g from the place where the witness