The Frankfort roundabout. [volume] (Frankfort, Ky.) 1882-1908, 1905-07-15

shippers must Fseek relief If they
are entitled to any before the legis-
lature and we respectfully ask that
their complaint be dismissed.
Section 2l8 of the Constitution
provides: 1T shall be unlawful for
any person or corporation owning
or operating railroad in this State,
or any common carrier, to charge
or receive any greater cOmpensa-
ton in the aggregate for the trans
pOrtatiOn of passengers or property
of like kind, under substantially
similar circumstances and condi-
tons for a shorter than for longer
distance over the same line, in the
same direction, the shorter being
included within the longer dis
tance; but this shall not be con-
strued as authorizing any common
carrier or person or corporation
owning or operating railroad in
this State to receive as great COM
pensatiOn for a shorter as for a
longer distance; provided that upon
application to the railroad commits
sion such common carrier and,
etc., may in special cases after in
vestigation by the commission be
authorized to charge less for longer
than for shorter distances, etc."
Section 300 Kentucky Statutes,
provides: eff any person owning
or operating railroad in this
State or any common carrier. shall
charge or receive any greater COM
pensatiOn in the aggregate for the
transportation of passengers or
property of like kind, under sub
stantially similar circumstance
and conditions, for a shorter than
for longer distance, over the same
line in the same direction, the
shorter being included within the
longer distance, such persons shall,
demeanor and fined not less than
one hundred nor more than five
hundred dollars. Upon complaint
made to the railroad commission
that any railroad or common car
rier has violated the provisions of
this section, it shall be the duty of
the commission to investigate the
grounds of complaint, and if, after
such investigation, the commission
deems 1T proper to eXOnerate the
railroad or common carrier from the
operation of the provisions of this
StCblOD, All OIueI III WTlJlUR 10 TAKE
effect shall he made by the COM
mission! If the commission, after
investigation, fails to eXonerate the
railroad or carrier from the opera
tion of the provisions of this sec
ton, an order in writing to that
effect shall be made by the commits
sion, and copy thereof delivered
to the complainant and the rail-
road or common carrier, and the
same shall be published as part
of the report of the commission;
and after such order il shall be the
duty of the commission to furnish
a statement of the facts, together
with copy of its order, to the
grand jury of any county, the circuit
court of which has jurisdiction, in
order that the railroad company or
carrier may be indicted for the
Offense; and the commission shall
use proper efforts to see that such
company or carrier is indicted aud
prosecuted.
1t developed upon the hearing of
this complaint that the extra
charge of one cent per package i'm
posed by the defendants, resulted
in these companies charging
greater sum for the transportation
of commodities for the shorter dis
lance from Louisville, KY, and
other points in kentucky to Shell
byville than for the longer distance