Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-01

| ana the payment thereof may, without
prejudice to any other mode of recovering
the same, be enforced by attachment or or
der. in tho nature of a writ Of execution,
| In like manner as II the same had been re-
covered by a final decree in personem in
such court, saving to the commission and
to any other party or person interested
! therein, the right to appeal to the supreme
court under the same rules now provided
by law in relation to appeals to said court
as to security for such appeal, except that
| in no case shall security for such appeal
| be REQUIRED when the same is taken by
the commission; but no appeal to said SUI
preme court shall operate to stay or SUPER
sede the order of the court, or the issu-
ance of execution thereon. and such court
| may in every such matter order the pay
ment of such costs and attorney and coun-
ell fees as shall be deemed reasonable.
(b) Whenever any such petition shall be
| filed or presented, or be prosecuted by the
commission, or by their discretion, 1t shall
be the duty of the attorney general OF the
state TO prosecute the same, and the costs
and expenses, on the part of the commits
sion, of any such prosecution shall be paid
out of the appropriations for the expenses
of the commission.
Fixing Joint Rates
section IL. JOINT hateS-HOW nXed:
1t is hereby made the duty of all rail-
way companies doing business in this state
to establish reasonable joint rates for the
transportation of freight between points
upon their respective lines within this
state, and shall receive and transport
freight and cars over such route or routes
as the shipper shall direct. Carload lots
shall be transferred without unloading
from the cars in which such shipments
were first made, unless such unloading
into other cars shall be done without
charge therefor to the shipper or receiver
of such carload lots and unless such trans
fer be made without unreasonable delay;
and less than carload lots shall be trans
ferred into the connecting carriers ware
house or cars at cost, which shall be in
cluded in and made a part of the joint
rates adopted by such railway companies
OF established as provided in this chapter.
(a) When shipments of freight to be
transported between different points within
the state required to be carried by
two or more railway companies operating
connecting lines, such railway companies
shall transport the same at reasonable
through rates, and shall at all times give
the same facilities and accommodations to
local or state traffic as they give to inter-
state ONti luCA lAilcS VI iOaO.
OBJ In the event that said railway COM
panies or common carriers subject to the
provisions of this act fail to establish
through Joint rates, or fail TO establish
and charge reasonable rates for such ship
ments, It shall be the duty OF the railway
commissioners, either upon their own mo-
ton, or upon the application of some per-
son interested TO establish such rates for
the shipment of freight and cars over
two or more connecting lines of railroad
in this state; and in the making thereof,
and in changing or revising the same. they
shall be governed, as nearly as may be,
by the provisions of THIS act with refer
ence to original schedules of freights and
tariffs for railway companies and common
carriers as herein provided. and shall take
into consideration the average rates
charged by said railway companies or
common carriers. for shipments within this
state for like distances over their re-
spective lines. and rates charged by the
railway companies or common carriers,
for shipments within this state for
like distances over their respective
lines and rates charged by the
railway companies OF common carriers,
operating such connecting lines for joint
interstate shipments for like distances.
(c). The rates fixed by said commission
shall go into effect thirty days after mall
Ing a copy Of the schedule Of joint rates to
the railway companies and common car
riers affected thereby, which said schedule
shall be prima facie evidence in all courts
in this state, when authenticated by said
commission, that the rates therein con-
tanned are those fixed by said commission
and that the same are prima facie just
and reasonable for the joint transportation
OF freight and cars by the railway companies
or common carriers for which said sched-
ules have been fixed.
Penalties for OvercharginE.
Sec. II Penalties for charging higher
rates than those fixed and established.
II any railway company or common car
rier. subject TO the provisions OF this act
by OF through its officers, agents or en-
ployees, shall charge. collect. demand or
receive from any person or persons, COM
pany, firm or corporation a greater rate,
charge or compensation than that fixed and
established by the railway commission for
the transportation of freight, passengers or
cars. operated by said railway or common
carrier OF for receiving forwarding
handling OF storing any such freight or
cars OF for any other service performed OF
10 be performed by said railway company
OF common carrier. said railway company