The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-20

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regulations adopted by any railroad COM
pany for the operation of its road in the
said board, from time to time. to alter,
cnange, amend or abolish any schedule,
tablished by any railroad company or
companies which the board, either upon
on It's owE motion, may find to be unreal
sonabIe, unjust, or diScriminattve; and
,,Ie---.s q - - - ~
ciaSSlncatlon or rate rule or regulation,
snail be put into effect by such railroad
company or companies within not more
than thirty days after receiving written
notice of the order of the board; provided,
that before such an order is made by the
board notice and hearing shall be given
as required in sections and 10 of this
act
Sec 5. If any two or more railroad
companies having connecting lines of
road shall fail to agree upon a fair and
Just division of the charges arising from
the transportation of freights, passengers
or cars over their lines, the commission
ers shall fix the pro rata part of such
connecting lines
Sec. 6. The board of railroad commits
sioners shall have power to adopt rules to
govern its proceedings and to regulate the
mode and manner of all investigations
authority conferred upon it by this act or
by the act to which this is supplemental;
provided, no person desiring to be present
at any such investigation or hearing by
said board shall be denied admission. The
attorney general, when requested, shall
give the railroad commissioners such
counsel and advice as they may from
time to time require; and it is hereby
made his duty to aid and assist them in
all hearings, suits and proceedings in
which said commissioners may request his
Sec. z. The board of railroad commits
sioners shall have power, and it is here
by made its duty. to investigate all
Kansas; and when the same are, in the
opinion of the board, excessive, or levied
or laid in violation of the interstate COM
merce law, or the rules and regulations
Of the interstate commerce commission
the officials of such railroads shall be no
titled of the facts and requested to reduce
the rates, or make the proper corrections,
not changed or the proper corrections are
not made, according to the request of the
board of railroad commissioners, the lat
ter shall notify the interstate commerce
commission and apply to it for relief.
Sec g. Within thirty days after the TAX
ing effect of this act all railroads doing
business in the state of Kansas, and to
which any of the provisions of this act
apply, shall furnish the board of railroad
schedules of rates, charges and classih-
cations of freight, joint tariffs, and divis-
to, furnish said board with copies of all
rules and regulations concerning the
and of rules providing charges therefor,
and copies of all rules. orders or sched-
ules fixing or providing for mileage, per
diem, demurrage or storage charges or
for use of cars, loaded or empty, and of
ployes in operating trains engaged In
switching, passenger or freight traffic; land
upon the adoption of any new classifica-
ton, schedule of rates, rules or orders by
any such railroad company, it shall, with
in ten days thereafter, furnish said board
with copies thereof; and the failure of
any railroad company to which any of the
provisions of this act apply to furnish
any of the things above provided, within
the time specified, shall subject such rail-
road company to a fine OF not less than
one hundred dollars nor more than one
thousand dollars for each day that such
failure and neglect shall continue, and
each day OF such continuance shalI con-
Stitute separate onenSe.
Sec. 9. 1t shall be the duty of the COM
miSsionerS carefully to examine all sched-
ules of rates, tariffs, charges and elassi-
fications, as well as all rules and regula-
tionS, made and published by the railroad
companies operating lines of road in this
state, for the purpose of being fully IN
formed as to their scope and nature; and
if the board shall at any time have rea-a
son to believe that any tariffs, rates,
charges or cIassifcations, or any rules or
regulations, of. any railroad company, as.
to handling of cars or the running of
trains, are unreasonable, discriminative,
or in any way VlOlat1Ve OF the laws or
this state or of the acts of congress for
the regulation of interstate commerce, it
shall direct the attention of such railroad
company to the matter wherein such Vio-
rection. If such correction be not made
within ten days after such railroad COM
pany has notice of such request, the board
shall forthwith notify such company that
at a certain time and place hearing Will
be had upon the matters involved in such
request; and at the time and place named
the board shall proceed to hear and de-
quest and make all necessary orders with
reference thereto the same as if such hear
ing had been had upon formal COM
plant filed with the board
Sec 10. That section IS of chapter 286 of
the Session Laws of 1901 be amended to
read as follows: Sec 49, It shall be the
sioners, upon the complaint of any per.
son, firm, corporation or the mayor of
tariffs put into effect by any railroad
company, or any freight charges or clas-
rules or regulations as to the handling OF
cars, the running of trains, or other mat
ter concerning such company IN the oper-
alton of its road, are unreasonable, Qls-
crirninative or otherwise violative of the
laws of Kansas or of the orders OF SAID
board, to make an immediate exaInlnatlon
of such complaint, and forthwith notify
the company complained against OF the
filing thereof If the matters complained
of are not rectified within ten days after
such complaint shall have been filed, the
board shall set down the complaint for
hearing at a specified time and place. Be
fore proceeding with such hearing the
board shall give to the complainant ana
railroad company ten days notice in writ
ing, served in the same manner and up
on the same persons as in civil action,
the same II upon sucn nearing II snall
appear to said commissioners that the !
complaint is well founded and that any
material matters alleged are true, they
shall so adjudge; and shall then and there
find and decide what is reasonable tar
iff, charge, classification, rule or reguia-
ton respecting the particular matters IN
volved; and shall make such further find |
ings and orders as the board shall deem
lust. altering, changing, amending or aboI-
ishing any schedules of rates, tariffs,
charges, classifications, rules or regula- |
lions of such company which shall be
found to be unreasonable or discrimina-
tive, whether or not they are all included
in the complaint upon which the original |
hearing was ordered. Certified copies of |
the findings and decision Of the board |
narties to such proceedings. And when |
ever the board of railroad commissioners
shall decide what is q. reasonable charge |
for any freights, based on the classical |
ton existing at the time of such decision, |
such classification shall not be altered |
thereafter without the consent of the |
~ n g in effect to Increase such |