The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-02-17
n REGULATE
THE RAILROADS
n,ls introduced in Idaho Legisla-
ture Aimed at Common
Carriers

po1SE FEB. 16.-One of the most I'M
.ortant measures so far introduced in !
..o eighth session of the Legislature is
.no, presented Saturday by Repre- !
,totive Nelson of Latah county, |
1h;ch is intended to force railroad com |
.or,es to supply cars for the shipment
- grain and other freight in the order
ir which orders are received, without
.o~ard to favoritism, and under the
terms of which the railroads are to be
made responsible in the courts for any
damage their neglect or delay in the
matter of shipping may cause. The
sections of the measure, which is
Known as house bill No. 1853. which con-
tain the important provisions are as
follows:
Section 1. Every railroad company
organized or operating under the laws
of the state of Idaho conducting and
doing business as a common carrier
within the limits of this state, shall be
bound by the provisions Of this act
Sec 2.-Every railway corporation
shall start and run their cars for the
transportation OF passengers and prop
erty at regular times, to be fixed by
public notice, and shall furnish suffi-
cient accommodations for the trans
portation of all such passengers and
property as shall within reasonable
time previous thereto offer or be offered
for transportation at the place OF start
ing and the junction Of other railroads.
and at sidings and stopping places es-
tablished for receiving and discharging
way passengers and freights. and shall
take, transport and discharge such pas
sengers and property at. from and to
such places on the due payment OF the
tolls, freight or fare legally authorized
therefor.
Sec. Sin case of the refusal by such
railway corporation or their agents SO
to take and transport any passenger or
property, or to deliver the same. or
either Of them, at the regularly ap-
pointed time, such corporation shah
pay to the party aggrived an damages
which shall be sustained thereby. with
costs OF suit, and in case of the trans
portation of property shah in addition
pay to such party special damages at
the rate of s per. cent per month upon
the value of the same at the time OF
shipment, for the negligent detention
thereof beyond the time reasonably
necessary for its transportation: Pro-
vided, That in all suits against such
corporations under the provisions of
this act the burden of proof shall be
on such corporations to show that the
delay was not negligent.
Sec. 4.-When the owner. owners or
managers of any freight of any kind
shall make application either oral or in
writing to the superintendent, agent. OF
person in charge of transportation. to
any railway company operating line
at the point the cars are desired upon
which to ship any freight, it shall be
the duty of such railway company tc
supply the number of cars required al
the point indicated in tn application
within IA reasonable time, not to ex-
ceed five days from the receipt thereof
and shall furnish such cars to the per-
sons applying therefor in the order ap-
piled for, without giving preference tt
any person.
Sec. 5.-Said application for cars
shall state the number of cars desired
the place at which they are desired ant
the time they are desired: Provided
That the place designated shall be a
ctnt tt.,tp
railroad.
Sec. s. When cars are applied 10
under the provisions of this act. If the.
are not furnished within five days ant
the railway company SO failing to FUR
nish them shall forfeit to the party O
parties so applying for them the sun
OF IS per day for each and every da.
beyond the five-day limit for each ca
SO failed to be furnished. to be recov
y cred in any court of competent juris
diction. and all actual damages tha
such applicant may sustain on accoun
OF such neglect. The railway compan!
Hs superintendent, agent or person Il
eharge of it's transportation may re
quire OF said applicant n cash deposi
VI % for each and every car so ordere
ana when the said car has been loade
SAID deposit is TO be refunded imme
ditely.
sec. I. When such car or cars ha
Ut nave been delivered to such appli
can't as hereinbefore provided, it sha
oe the duty of said applicant to hav
'he same loaded within ~ hours of TIL
iouce Of the arrival of such car or car
ana upon failure to do SO. he shall for
|and pay to the company the sum {
per day or fraction thereof for eac
over and above the 70 hours grant
ior loading. And il the said appl
' snail not use such car or cars 6
ered by him and shall so notify III
company or it's agent. he shall fol
and pay to the said railroad CON
''hy the actual damages that sue