Omaha daily bee., 1907-02-01

thereof mailed to the railway companies
and common carriers affected thereby. and
any or all rates therein contained shall be
and remain IN force and erect from and
after said time. unless modified. annulled
or otherwise revised by the railway COM
mission upon a hearing with respect there
to before said commission, or until such
rate or rates are finally adjudged TO be
unreasonable and unjust In a court OF
competent Jurisdiction: provided. always.
that any railway company. common carrier
or any person OF persons, hereinafter
named, complaining OF any or all rates In
any schedule or shedules prepared by said
commission as hereinafter provided. before
appealing from the rate or rates com
planned Of as fixed by said commission. or
applying for any temporary writ Of in
junction, or other mandatory order. shall
make complaint as hereinafter provided
and have a hearing thereon before said
commission within the time fixed by said
commission for said rate or rates COM
planned of going into force and effect, and
copy Of said schedule when 80 authenti-
Gated shall be received in evidence in all
courts in this state without further proof,
as prima facie evidence that the rates
therein contained are those fixed by said
railway commission and that said rates
are prima facie, just and reasonable
Dates for Hearing.
(a) When any railway company. common
carrier or any person In his own behalf, or
in behalf of any class of persons similarly
situated, or any firm, corporation or as
sociations, or any mercantile, agricultural
or manufacturing society. any body
polite or municipal organization, shall
make complaint to the railway commission
that any rate or rates fixed by said COM
mission in said schedule. or in any subse-
quent revised or modified schedule. or the
rate charged or published by any railroad
company, is unreasonably high. unjust or
discriminating, the Board Of Railway Com
missioners shall Immediately Ak
day for hearing the same. and
shall cause notice thereof contain
ing the substance of the complaint
to be served upon the railway company or
common carrier complained Of and the day
and date upon which said hearing will be
had upon said complaint; provided, that said
commission may proceed upon their own
| motion to have a hearing With reference TO
revising, modifying or annuliing any OF all
rates in any schedule or schedules pre-
pared by them. by notifying all persons in
terested therein or affected thereby, as
| hereinbefore provided.
(b) Upon the hearing the railway COM
missioners shall receive any evidence and
listen to any arguments offered or pre-
scented by either party relevant to the
matter under investigation, and the burden
of proof shall be upon the railroad, per-
son or persons hereinbefore set forth MAX
ing the complaint. The lowest rates pub
lshed or charged by any railway company
for substantially the same kind OF service,
whether In this or another state, shall,
| NH fnfvOHnCad In oxyidanr0 he accented
as prima facie evidence OF a reasonable
rate for the services under Investigation;
and IL the railway company or common
CARRIER making complaint. or the railway
company complained OF by the person or
persons hereinbefore set forth, operate
| line of railroad beyond the, state, or has
traffc arrangement with any other rail-
road company the same shall be taken into
consideration in determining what is a rea-
sonable rate II II be operating line of
railroad beyond the state, the rate charged
or established for substantially the same
or greater service by 1t in another state
may also be considered.
Competent Evidence I'm Court.
(c) After such hearing and investigation
| the commission shall render a decision in
the premises, which said decision shall al
firm. revise. annull or modify any or all
rates complained of In said original sched-
ule, or any subsequent schedule which may
be the subject of investigation, and all
rates between points in this state and
whatever part of the line OF railway or
such company or common carrier within
this state as may have been fairly within
the scope Of such investigation; and the
commission shall render its decision in writ
| ing and shall spread the same at length
upon the record to be kept for that pur-
pose; and said decision. when duly authen-
| ticated, shall be received In all suits
brought against any railway company or
common carrier, or in any appeal prose-
cuted by any railway company or common
| carrier from said decision, wherein is in
any way involved the charges of any such
railway company common carrier mem
toned in said decision, in any OF the courts
! OF this state. as prima facie evidence that
the rates therein fixed are just and rea-
| sonable. the same as the original schedule
made by said railway commission as here
| inbefore provided.
| Cd Said Board of Railway Commissioners
shall Immediately notify all persons az
fected thereby of the substance of their
decision affirming, annulling. revising or
modifying the rate or rates complained of.
and shall specifically set forth any rate
or rates that have been annulled, and any
rate or rates that have been revised or
modified in schedule form, and the schedule
of any and all rates so modified or revised
on said hearing shall be in force and eff
feet thirty days after said decision was
mailed to the railway company, common
carrier, person or persons or corporation
affected thereby and shall continue so I'M
til further modified. revised or annulled by
said commission, or finally adjudged to be
unreasonable and unjust as hereinbefore
provided.
(e) Any railway company or common car
rier applying In any court for any tempo
| rary writ OF injunction OF other manda-
tory order with reference to any or all of
said rates SO complained of shall show to
the court that there has been a hearing
before said commission with reference TO
said rate or rates within the time fixed
| by said commission for said rate or rates
to go into force and effect. and shall attach
to said application for said temporary writ
of injunction or other mandatory order,
and make the same part thereof, a tran
| script OF the record OF said commission
| upon the hearing with reference to the
rate-er rates complained OF. which said
/ transcript shall contain a copy OF the COM
plant filed with said commission. their de-
/ csion and findings OF facts with reference