The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-02-06
Is Considered a
Drastic Measure

CHARLESTON. Feb. 6. = Senator
Blue has introduced a bill to prevent
discrimination by common carriers in
the distribution of cars to shippers.
This Is one of the most important
measures introduced as 1t covers sit.
uation about which there have been
repeated complaints.
Although there IS now statute
against such discrimination 1t is not
clear AMI is well known has failed to
remedy the evils complained of. Ere.
quent letters have appeared In the
public prints from shippers along
the Coal & Coke complaining that en-
terprises in which the owners of the
road are interested are favored in
the matter of cars and 1t is alleged
that the same conditions exists on 9TH
er lines.
II Senator Blues bill is made a
law it will be an otfense for any com.
mon carriers TO discriminate in favor
Of or against passengers or shippers.
1t Is provided that in case Of an in.
sufiiclency Of cars to meet all require.
ments, such cars as are available shall
be distributed among the several
shippers in proportion to their immed-
late requirements, without discrtmna.
ton.
Penalty for violation is fixed at from
$1,000 to $1,000 for each offense and
the Circuit Court OF the county where.
in the shipper conducts his business
shall have Jurisdiction TO enforce the
penalty. Any officer or agent OF a
railroad who Discriminate In the dis.
tribution of cars shall be deemed gull
ty Of misdemeanor and be fined not
less than $500 nor more than $1,000.
Common carriers are required to
keep a record of the cars distributed
which shall be open at any time for
pablic inspection. The courts of the
State sail have Jurisdiction to en-.
force the provisions Of this act. and in
addition 10 the jurisdiction OF courts
OF law to enforce the provisions by
mandamus, or other proper common
law writ, courts of equity also have
jurisdiction by injunction to restrain
discrimination. Following is the bill
complete:
A bill TO prevent discrimination, by
common carriers, to regulate distri-
button of cars by railroads, to give
the courts jurisdiction to enforce
the ,llties OF common carriers and
enjoin Determinations. to make
certain acts of railroads. the Off.
GERS, agents and employees thereof,
offenses, and to provide the penal.
ties therefor.
Be 1t enacted by the Legislature OF
West Virginia:
Sec. {. No railroad or other com.
mon carrier doing business in this
State shall discriminate in favor OF
or against passengers or shippers
thereon, or thereby, either in fares
or charges for the transportation OF
passengers or property.
Sec. 2. No railroad company doing
business in this State shall dlscrimin
ate in favor OF or against any shipper,
in furnishing suitable and sufficient
number Of cars for the transportation
OF any and all kinds OF freight In car
load lots. In case Of insufiiciency OF
cars at any time to meet all require
ments, such cars as are available shall
be distributed among the several ap'
plicants therefor in proportion tu
their Immediate requirements without
discrimination between shippers, com
retitive or non.competitive.
Sec. >. Upon conviction of any
railroad, or other common carrier. VIC
lating either OF the two preceding sec
tons, it shall be fined not less than
one thousand dollars, nor more than
five thousand dollars for each otfens.
and the Circuit Court of the county
wherein the person resides or the
shipper conducts his business, shall
have Jurisdiction to enforce the penal
ties provided by the preceding sec
tons.
Sec. 4. Any officer. agent or en-
pfoye OF any railroad company. doing
business in this State whose duty OF
duties relate to the distribution OF
allotment of cars to shippers. in cal
load lots, who shall prefer or discrlm
mate in the distribution of cars in IA
vor of any shipper or shippers, or fall
to distribute. among the several applt
cants therefor, in proportion to their
respective immediate requirements
without discrimination between ship
pers, competitive or non.competitive
suitable and available cars shall be
guilty of a misdemeanor, and upon con
viction be fined not less than Ave hun
dred or more than one thousand dol
lars. and the Circuit Court of the coun