Fort Worth Gazette. (Fort Worth, Tex.), Vol. 13, No. 17, Ed. 1, Thursday, April 2, 1891 Page: 10 of 20
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i
Kir
lobby
iilxftfmW
HERE IT IS
The Commission Bill as It Goes
to the Governor
PRINTED FOR THE FIRST TlPtlE
A Strong Masterly Potential Commission that
Will Regulate the Railroads
It Will lio Signed Iy the Governor Pro
viiles for Appointive
nioneri The Uill ua
Amended
spi to the Gazette
M - Tex larch SO Following ts a
cof if hu i ojimission bill as Unally
pu iy the legislature
o do entitled an act to establish a
ra r a oonimp ioii for the state of Texas
ii i atirknination and extortion in
r ij i him- may be prevented and
r f isrlit and passenger tariffs
ti otKislu d to prescribe and author
j of riies and regulations to
f rummLssicn and the railroads
j - riUruad companies and oiher
i ii iiite n miJies to prescribe
I -for thu violation of this act and
e nieins and rules for its enforce-
Hi He it enacted by the legislature
ot - mv of Texas That a railroad com
i - nr is hereby created o be conosed
c iw pe jb to be appointed by the pov
c filiivh II the legislature bethen
v u tli wiTemor shall upon the
cil iiia act or as soon thereafter
and with the advice and
- i n i jje by
I i 1 io bi nate if the legislature then
in appoint said commission but
iauiv be not in session the
i make such appointment and
i i nilssioier so appointed shall hold
second Monday after the
u a ii nf the next succeeding
t i il his successor is appointed
i hed Lach succeeding
i ii ha on the second Monday after
v i ii tin hi- or as soon thereafter as
i i u i appoint said commissioners
ha each hold his ottos until the sec-
I una after the inauguration of the
- povemor and until his
appointed and qualified
i e pel sous so appointed shall be
i - iA iib of this stale qualified
i r t he constitution and lavj and
ii in t years of age No
a be appointed as such
r hiis directly or indirectly inter-
ai railroad in this state or out of
i 1 aiv stock bond mortgage sc-
r l re earning of any such road
i ii i ommissioncr shall voluntarily
u iiteivsted his ofiice shall become
in 1 any railroad commissioner
me interested otherwise than
be shall within a reisonablo
- luiiM lf of such interest failing
iis bis illice shall become vacant
n i niiiiuissioner hereunder shall
t nhi i nllice under the government of
t i l States or of this state or any
ii- nernmC nt and shall not while
i MimiT engage in any
inconsistent with his duties
u i ii soner
tiernor shall fill all vacancies
i - in el commissioner by
iii ti person so appointed shall till
i uii pired term of his predecessor
fere entering upon the duties of
en b of said commissioners shall
a iibsiiibc to the oath of oiiice pro-
i i cniistitution and shall in ad-
no swear that he is not directly
interested in any railroad nor
i i i - stock mortgages securities
a i ir earniuErs of any railroad and
1 t - ill to the best of his ability faith-
i 1 justly execute and enforce the
ii i s of this act and all laws of this
- i -ruing railroads which oath shall
o hoi h liie secretary of state
i i ii said commissioners shall re
u imiiial salary of J4WK payable in
ii iiier ihatsalariesof other state
e s a - oaiil
-- I he commissioners appointed shall
ai YiM in and organize and elect one of
ht i i i N r ehiirirau of said commission
-I in said commissioners shall con-
n a quorum to transact business
in iiioii may appoint a secretary
v a - Ti of not more than jflOd per an-
i i ii i iv appoint not more than two
it i salary of not more than 1500
i iiii i 11 h and such other persons
i is in iy be necessary to perform
iii may be cquired of them by
I secivUry shall keep full
i i ii i niiiutes of all the transactions
iiA of said commission and
i ii nuties as in a j be required by
i -Hi The commission shall
i i Id make all needful rules for
i en ineiit and for their proceed-
i v shall lie kumrn collectively as
i ii luiiiinssiou of Texas and shall
-tar of five points with the
Kmruad Commission of Texas
i i hereon They shall be furnished
I in the tapiiol at Austin and
v i 1 - iii turuiture stationery stijv
Iiusiarv cxjienses to bo paid
ne of the governor
issioncrs secretary and clerks
- i n i e i to receive from the state
i ecessary traveling expenses
i iide only the cost of
a i traveling on the business of
to be paid out on the order j
upon an itemized state- i
- suoru to by the party who
he expense and apjiroved by the
i inmissioners may hold
a place in this state when
i ic saiy to facilitate tho
r duties I
1 1 power and authority is here-
the railroad commission of
c - it is hereby made its duty to
i i i ei es ary rates charges and i
i o covern and regulate railroad
- i tarifls the power to
- - inu prevent unjust discrimi
cMnrtum in the rates of freight i
ariffs en the different rail-
- ae and to enforce the same
- ne pmaliics inliicted as by
1 er by rendering proper as- i
in h ii iiit such penalties imposed
- in i duty of each and every rail-
tn hi act to provide and main- i
ii ceuifortablo and clean de-
i ii pot buildings at its several
- i I aciviiinodaiion of passengers I
it buildings shall be kept well
a Wanned for the comfort nnd ac-
ni an of tho traveling public and
a ds shall keep and maintain
a aid suitable freight depots and
ni the receiving handling
i enng of all freight handled by
i
- p
i will that this shall nat be construed
pcig any existing laws on this sub-
i tie said commission shall have
Tir u ii ii stiaii oc is unit iu lairi i
v i assify and subdivide all freight j
l i of whatsoever character that
v ar sported over the railroads of
- siicn gcnci al and special
si s er subdivisions as may bo found
- i ami expedient
ii i be commission shall have power
i i be its duty to lix to each class
i - of freight a reasonable rate
-ii il sublet to this act for the
cf cih of said classes and
i - siiicatlnns herein provided
to and be the same for all
jl to the provisions of this
a
The -id ccmuiission may fix differ-
different railroads and for
lies under the same management
f i offcrin parts of the same liue if
foul neeissary to do justice
e i 1 he said commission shall havn
Kwvr und it shall be its duty to fix and
es aulish for al or any connecting lines of
raroad in this state reasonable Joint
ra es o ireignt charges lor the various
classes of freight and cars that may pass I
over two or more lines of such railroad j
f If any two or mors connecting rail- J
Ji -- iJ
T - Kinllf Tnlu luav - -
il 11 ID IV J
roads shall fall to agree upon a fair and
just division of tho charges arising from
the transportation of freight passengers
or cars over their linos tho commission
shall fix the pro rata part of such charges
to bo received by oach of 6aid connecting
lines
g Until the commission shall make the
classifications and schedules of rates as
herein provided for and afterward If they
deem it advisable they may make partial
or special classifications for all or any of
the railroads subject hereto and fix tho
rates to be charged by such roads therefor
and such classifications and rates shall be
put Into effect in the manner provided for
general classifications and schedules of
rates
h The commission shall have power
and it shall be its duty from time to time
to alter change amend or abolish any
classification or rate established by it when
deemed necessary and such amended
altered or new classifications or rate3 shall
be put into effect in the same manner as tho
originals
ij The commission may adopt and
enforce such rules regulations and modes
of procedure as it may deem proper to
hear and determine complaints that may bo
made against the classifications or tho
rates the rules regulations and determina-
tions of the commission
JJ The commission shall make reason-
able and Just rates of charges for each rail-
road subject hereto for the use or trans-
portation of loaded or empty cars on its
road and may establish for each railroad
or for all railroads alike reasonable rates
for the storing and handling of freight and
for the use of cars not unloaded after forty
eight hours notice to tho consignee not to
include Sundays
k Tho commission shall mako and es-
tablish reasonable rates for tho transporta-
tion of passengers over each or all of the
railroads subject hereto which rates shall
not exceed the ratc3 fixed by law The
commission shall have power to prescribo
reasonable rates tolls or charges for all
other services performed by any railroad
subject hereto
Sec 4 Before any rates shall be es-
tablished under this act the commission
shall givo tho railroad company to be af-
fected thereby ton days notice of the time
and place when aud whero the rates shall
be fixed and said railroad company shall
be entitled to be heard at such time and
place to the end that justice may be done
aud it shall have process to enforce the at-
tendance of its witnesses All process
hei ein provided for shall be served as in
civil cases
a The commission shall havo power to
adopt rules to govern its proceedings and
to regulate the mode and manner of all in
vestitrations and hearings of railroad com-
panies and other parties before It in the es
tablishment of rates orders charges and
other acts required of it under this law
provided no person desiring to be present
at any such investigation by said commis-
sion shall be denied admission
b The chairman and each of the com-
missioners for the purposes mentioned in
this act shall have power to administer all
oaths certify to all official acts and to com-
pel the attendance of witnesses and the
production of papers way bills books ac-
counts documents and testimony and to
punish for contempt as f ullj as is provided
by law for the district or county court
Sec r In all actions between privato
parties and railway companies brought un-
der this law tho rates charges orders
rules regulations and classifications pre-
scribed by said commission before the insti-
tution of such action shall be held conclu-
sive and deemed and accepted to bo reason-
able fair and Just and in such respects
shall not be controverted therein until
finally found otherwise in a direct action
brought for that purpose in the manner
prescribed bv sections and 7 hereof
Sec 0 If any railroad company or other
party at interest be dissatisfied with tho
decision of any rate classification rule
charge order act o regulation adopted by
the commission such dissatisfied company
or part- may file a petition setting forth tho
particular cause or causes of objection to
such decision act rate rule charge class-
ification or order or to either or all of
them in a court of competent jurisdiction
in Travis county Tex against said com-
mission as defendant Said action shall
have precedence over all other causes on
the docket of a different nature and shall
be tried Lnd determined as other civil causes
in said court Either party to said action
may appeal to the appellate court having
Jurisdiction of said cause and said appeal
shall be at onco returnable to said appellate
court at either of its terms and said action
so appealed shall have precedence in said
appellate court of all causes of a different
character therein pending Provided that
if the court be in session at the time such
right of action occurs tho suit may be filed
during such term and stand ready for trial
after ten days notice
Sec 7 In all trials under the foregoing
section the burden of proof shall rest upon
the plaintiff who must show by clear and
satisfactory evidence that the rates regula-
tions orders classifications acts or charges
complained of are unreasonable and unjust
to it or them
Sec S Tho said commission shall so soon
as the classifications and schedules of rates
herein provided for arc prepared by them
furnish each railroad subject to the provis-
ions of this act with a complete schedule in
suitable form showing the classification of
freight made by them and tho rates fixed
by said commission to be charged by such
road for the transportation of each class of
freight and shall cause a certified copy of
such classification and schedule of rates to
be delivered to each of said railroads at its
principal office in this state if it has such
office in this state and if not then to any
agent of said company in this state which
said scheilule rules and regulations shall
take effect at the date which may be fixed
by said commission not less than twenty
days Each of said railroad companies
shall cause said schedules to bo printed in
types of a size not loss than pica and shall
have the same posted up in a conspicuous
place at each cf its depots so as to be in-
spected by the public Said commission
may at any time abolish alter or in any
manner amend the said schedules or abolish
or amend any such regulations and in that
event certified copies of the schedules rules
or regulations showing the changes therein
shall be delivered to each railroad as herein
specified In all cases where the rates shall
not have been fixed by the commission no
chances shall bemado except after ten days
uoice to and consent of the commission
Sec Any person firm corporation or
association or any mercantile agricultural
or manufacturing association or any body
politic or municipal organization complain-
ing of anything done or omitted to be done
by any railroad subject hereto in violation
of any law of this state or the provisions of
this act may apply to said commission in
such manner and under such rules as tho
commission may prescribe whereupon if
there shall appear to he commission to be
any reasonable grounds for investigating
such complaint it shall givo at least five
das notice to such railroad of such charge
anil complaint and call upon said road to
answer the same at a time and place to be
Secified by the commission The commis-
sion shall investigate and determine such
complaint under such rules and modes of
procedure as it may adopt If tho commis-
sion find that there has been a violation it
shall determine if the same was wilful if it
finds that such violation was not wilful it
may call upon said road to satisfy the dam
ago done to the complainant thereby stat-
ing the amount of such damage and to
pay the cost of such investigation and if
tho said railroad shall do so within the
timo specified by the commission there
shall be no prosecution by the state but if
said railroad shall not pay said damage
and cost within the timo specified by said
commission or if the commission find
such violation to be wilful it shall insti-
tute proceedings to recover the penalty
for such violation and tho cost of such in-
vestigation All such complaints shall bo
made in tho name of the state of Texas
upon tho relation of such complainant All
evidence taken before said commission In
the investigation of any such complaint
when reduced to writing and signed and
sworn to by the witness may be used by
cither party the state complainant or tho
railroad company in any proceeding
against such railroad involving the samp
subject matter The provisions of this sec-
tion shall not abridge nor affect the right
of any person to sue for any penalty that
may be due him under the proisions of
this act or any other law of this state
Protlded urtnsr that tin commlMlocsn
may require the testimony so taken before
them to be reduced to writing when they
may deem it necessary or when requeated
to do so by either party to such proceed-
ings and a certified copy under the hand
and seal of said commission shall be ad-
missible in evidenco upon the trial of any
cause or proceeding growing out of the
same transaction against such railroad in-
volving tho samo subject matter and be-
tween the fame parties
Sec 10 The commissioners or either of
them or such persons as they employ there
for shall have the right at such times as
they may deem necessary to inspect the
books and papers of any railroad company
and to examine under oath any officer
agent or emplovo of such railroad in rela-
tion to the business and affairs of the same
If any railroad shall refuse to permit the
commissioners or cither of them or any
person authorized thereto to examine its
books and papers such railroad company
shall for each offense pay to the state of
Texas not less than 125 cor more than
500 for each day It shall so fail or refuse
Provided that any person other than one
of said commissioners who shall make any
such demand shall produce his authority
under tho hand and seal of said commis-
sion to make such inspection
a Any officer agent or employe
of any railroad company who
shall upon proper demand fail or refuse
to exhibit to the commissioners or either
of them or any person authorized to in-
vestigate the same any book or paper of
such railroad company which is in the pos
session or under control of such officer
atrent or employe shall bo deemed guilty
J of a misdemeanor and upon conviction in
any court having Jurisdiction thereof shall
befined for each offense a sum of not less
than 125 aud not to exceed 500
Sea 11 The commission shall ascertain
as early as practicable the amount of money
expended In construction and equipment j
per mile of every railway in Texas the
amount of money expended to procure the j
right of way and the amount of money it
would require to reconstruct the roadbed
track depots and transportation and to i
replace all tho physical properties belong- 1
iug to the railroad
It shall also ascertain the outstanding
bonds debentures and indebtedness and
the amount respectively thereof when
issued and rate of interest when due for
what purposes Issued how used to whom j
issued to whom sold and the price In cash
property or labor if any received therefor
what became of the proceeds by whom the
indebtedness is held the amount purport-
ing to be due thereon the floating indebted-
ness of the company to whom due and his i
address the credits due on it the property
on hand belonging to the railroad company j
and the judicial or other sales of said road
its property or franchises and the amounts
purporting to have beeu paid and in what j
manner paid therefor Tho commission
shall also ascertain the amounts paid for
salaries to the officers of the railroad and
the wages paid its employes
For the purpose in this section named
the commission may employ sworn experts
to inspect and assist them when needed
aud from timo to time as the information
required by this section is obtained it
shall communicate the same to tho attorney
general by report and file a duplicate
thereof with the comptroller for public
use and said information shall be printed
from time to time in the annual report of
the commission
Sec 12 Tho said commission shall cause
to be prepared suitable blanks with
questions calculated to elicit all infor-
mation concerning railroads and as
often as it may bo necessary furnish said
blanks to each railroad company Any
railroad company receiving from the com-
mission any such blanks shall cause said
blanks to bo properly tilled out so as to an-
swer fully and correctly each question
therein propounded and in case they are
unable to answer any question they shall
give a satisfactory reason for their failure
and tho said answers duly sworn to by tho
proper officer of said company shall be re-
turned to said commission at its office in the
city of Austin within thirty days from tho
receipt thereof
a If any officer or employe of a rail-
road company siall fail or refuse to fill out
and return any l cks as above required
or fail or refuse vaswer any questions
therein propounuc give n false answer
to any such questious or shall evade the
answer to any such questions such person
shall be guilty of a misdemeanor and shall
on conviction thereof be fined for each day
he shall fail to perform such duty after tho
expiration of the time aforesaid a penalty
ofr00 and the commission shall cause
a prosecution therefor in the proper court
and a penalty of like amount shall be re-
covered from the company when it appears
that such person acted in obedience to its
direction permission or roque3t in his fail-
ure evasion or refusal Said commission
shall have the power to prescribe a system
of bookkeeping to be observed by all rail-
roads subject hereto under tho penalties
prescribed in this section
b The said commission shall make
and submit to tho governor annual reports
containing a full and complete account of
the transactions of their office together
with the information gathered by such
commission as herein required ana such
other facts suggestions and recommenda-
tions as may be by them deemed necessary
which report shall be published as the re-
ports of the heads of departments
c Tho said commission shall have
power and it is hereby made its duty to
investigate all through freight rates on
railroads in Texas and when the same aro
in the opinion of the commission excessive
or levied or laid in violation of tho inter-
state commerce law or the rules and
l lations of the interstate commerce
i sion the officials of tho railroads are to be
ai may ba aUawed by tfaa cesusiaslon cot j
the barg
fully you
1 - JiHIIIU -- i
is1 VKC jcifig5fcTr
to exceed fees as now prescribed by law for
similar services
Sec 14 If any railroad company subject
to this act or its agent or officer shall
hereafter charge collect demand or receive
from any person company firm or corpora-
tion a greater rate charge or compensation
than that fired and established by the rail-
road commission for the transportation of
freight passengers or cars or for the use
of any car on tho line of its railroad or any
line operated by it or for receiving for-
warding handling or storing any such
freight or cars or for any other service
performed or to be performed by It such
railroad company and its said agent and
officer shall bo deemed guilty of extortion
and shall forfeit and pay to the state of
Texas a sum not less than 100 nor more
than 5000
Sec 15 If any railroad subject hereto
directly or Indirectly or by any special
rate rebate drawback or other device
shall charge demand collect or receivo
from any person firm or corporation a
greater or less compensation for any serv-
ice rendered or to be rendered by it than it
charges demands collects or receives from
any other person firm or corporation for
doing a liko and contemporaneous service
such railroad shall bo deemed guilty of un-
just discrimination which is hereby pro-
hibited
a It shall rJso be an unjust discrimina-
tion for any such railroad to make or givo
any undue or unreasonable preference or
advantage to any particular person com-
pany firm corporation or locality or to
subject any particular description of traffic
to any undue or unreasonable prejudice
delay or disadvantage in any respect what-
ever
b Every railroad company which shall
fail or refuse under such regulations us
may bo prescribed by law or by the com-
mission to receivo and transport without
delay or discrimination the passengers ton-
nage and cars loaded or empty of any con-
necting lino of railroad and every railroad
which shall under such regulations as may
be prescribed by the commission fail and
refuse to transport und deliver without de-
lay or discrimination any passengers ton-
nage or cars loaded or empty destined to
any point on or over the line of any con-
necting line of railroad shall be deemed
guilty of unjust discrimination Provided
perishable freights of all kinds nnd live-
stock shall have precedent of shipment
c It shall also bo an unjust discrimina-
tion for any railroad subject hereto to
charge or receive any greater compensation
in the aggregate for transportation of like
kind of property or passengers for a shorter
than for a longer distance over the same
lino Provided that upon application to the
commission any railroad may in special
cases to prevent manifest injury be au-
thorized by tho commission to charge less
for longer than for shorter distances for
transporting persons and property and the
commission shall from time to time pre-
scribe the extent to which such
designated railroad may be relieved
prom the operations of this provision
Provided that no manifest injustico shall
be Imposed upon any citizen at intermediate
points Provided further that nothing
herein shall bo so construed as to prevent
the commission from making what are
known as group rates onany linoor lines
of railroad in this state
d Any railroad company violating any
provision of this section shall be deemed
guilty of unjust discrimination and shall
for each offense pay to the state of Texas a
penalty of not less than 5500 nor more than
5000
h Nothing herein shall prevent tho
carriage storage or handling of freight
free or at reduced rates for the state or for
any city county or town government or
for charitable purposes or to aud from
fairs and expositions for exhibition thereof
or tho freo carriage of destitute and in-
digent persons or the issuance of mileage
or excursion passenger tickets nor to pre-
vent railroads from giving free transpor-
tation to ministers of religion or the freo
transportation of tho inmates of hospitals
eleemosynary and charitable institutions
and to tho employes of the agricultural and
geological departments of this stte or to
peace officers of this state anil nothing
herein shall be construed to prwrent rail-
roads from giving frea transjiortation to
any railroad officers agents employes at-
torneys stockholders or directors or to
tho railroad commissioners their secre-
tary clerks and employes herein provided
for or to any person not prohibited by law
provided they or either of them shall not
receive from the stato mileage when such
pass is used
See 10 Any officer or agent of any rail
road subject to thi3 act who by means of
false billing false classification false
weight or by any other device shall suffer
or permit any person or persons to obtain
transportation for proporty at less than the
regular rates then in forco on such rail-
road or who by means of falso billing
false classification falso weighing or by
any device whatever shall charge any per-
son firm or corporation more for the trans-
portation of property than tho regular rtsts
then in force on such railroad shall bo
guilty of a misdemeanor and on conviction
thereof fined in a sum of not less than 100
nor more than siuuu stk
j3uc it in casu uuy zamoau suujecd up
this act shall do cause to be done or peae
mit to bo done any matter act or thing i
this act prohibited or declared to be un-
lawful or shall omit to do any act matter
or thing herein required to bo done by it
such railroad shall be liable to the person
or persons firm or corporation injured
thereby for the damages sustained in con-
sequence of such violation and in case
said railroad company shall bo guilty of
extortion or discrimination as by this act
defined then in addition to such damages
such railroad shall pay to the person firm
or corporation injured thereby a penalty of
notified of the facts and requested to reduce j not less than J125 nor more than 500 to bo
them or make tue proper corrections as the n cuveiuu ia auj munui uuuijuicui juris
case mav be When the rates are not I Miction in any county into or through which
i cnanpeu or tne proper corrections are not
made according to the request of the com
mission tho latter is instructed to notify
the interstate commerce commission and to
1 apply to it for relief
I Sec 13 The said commission in making
j any examination or investigation provided
I in this act shall have power to issue sub-
poenas for tho attendance of witnesses
by such rules as they may prescribo
t Each witness who shall appear before the
commission by order of the commission at
I a place outside the county of his residence
shall receive for his attendance 1 per day
j and 3 cents per mile traveled by the near
i est practicable route in going to and re
turning from the place of meeting of said
commission which shall be ordered paid by
the comptroller of public accounts upon tho
presentation of proper vouchers sworn to
by such witness and unproved by the
i chairman of the commission Provided
that no witness shall be entitled to any
witness fees or mileago who is directly or
indirectly interested in any railroad in this
slate or out of it or who Is in any wise in-
terested In any stock bond mortgage so
curity or earnings of any such road or who
shall be the agent or employe of such road
or an officer thereof when summoned at the
instance of such railroad
And co witness furnished with free
transportation shall receive pay for the dis-
tance he may havo traveled on such free
transportation
In case any witness shall fail or refuse to
obey such subpoena said commission may
issuo an attachment for said witness di-
rected to any sheriff or constable of the
state of Texas and compel him to attend
before the commission and give his testi-
mony upon such matters as shall be law-
fully required by them If a witness after
being duly summoned shall fall or refuse
to attend or to answer any question pro-
pounded to him and which he would be
required to answer if in court the commis
ion shall havo tho power to fine and im-
prison such witness for contempt in the
same manner that a Judge of the district
court might do under similar circumstances
The claim that any such testimony may
tend to criminate tho person giving it shall
not excuse such witness from testifying
but such evidence or testimony shall not be
used against such person on the trial of any
criminal proceeding Provided the com-
mission shall in all cases have tho right in
its discretion to issue proper process and
take depositions instead of compelling per-
sonal attendance of witnesses
The sheriff or constable executing any
process Issued under tho provisions of this
section or under any other provisions of
this bill shall recftlre such comDensation
such railroad may run provided that such
road may plead and prove as a defense to
the action for said penalty that such over-
charge was unintentionally and innocently
made through a mistake of fact provided
that any such recovery as herein provided
shall in no manner affect a recovery by the
stato of a penalty provided for such viola-
lation
Sec IS If any railroad as aforesaii
shall willfully violate any other proviso
ui uus aci ur suaii uo any omcr act qpri
proiuoueu or snail mil or reiusoj
lorm any otlier auty enjointa u
which a penalty has not herein
vtued lor every such act or
snail pay the state of Texas a
not more than 5000
Sec 19 All of the penalties herein pro
I inBijimhaaiiMij WD nm miM
THE GAZETTE FT WORTH TEXAS THURSDAY APBUi 2
Vepnon T
Co Fort Wo
Vv- 5
vided except as provided In section 17
shall be recovered and suits thereon shall
be brought in the name of the state of
Texas in the proper court having Jurisdic-
tion thereof in Travis county or in any
county to or through which such railroad
may run by the attorney general or under
his direction and the attorney bringing
such suit shall receive a fee of 50 for each
penalty recovered and collected by him
and 10 per cent of the amount so collected
to bo paid by the state In all suits arising
under this act the rules of evidence shall
be the same as in ordinary civil actions ex-
cept as otherwise herein provided All
fines and penalties recovered by the stato
under this act shall be paid into the treas-
ury of tho state
Sec 20 Upon application of any person
the commission shall furnish certified cop-
ies of any classification rates rules regu-
lations or orders and such certified copies
or printed copies published by au-
thority of the commission shall
bo admissible in evidence in any suit
and sufficient to establish the fact that any
charge rate rule order or classification
therein contained and which may be in
issue in the trial is tho official act of the
commission
A substantial compliance with tho re-
quirements of this net shall be sufficient to
give effect to all the classifications rates
charges rules regulations requirements
and orders made and established by the
commission and none of them shall bo de-
clared inoperative for any omission of a
technical matter in the performance of such
act
Sec 21 It is hereby made the duty of
such railroad commission to see that the
provisions of this act und all laws of this
stato concerning railroads are enforced and
obeyed and that violations thereof are
promptly prosecuted and penalties due the
state therefor recovorcd and collected
And said commission shall rciort all such
violations with the facts in their posses-
sion to the attorney general or other ofiiccr
charged with the enforcement of the laws
and request him to institute the proper
proceedings und all suits between the
state and any railroad shall have precedence
in all courts over all other suits pending
therein
a It shall be the duty of tho commis-
sion to investigate all complaints against
railroad companies subject hereto and to
enforce all laws of this state in reference to
railroads But any two connecting rail-
roads may enter into a contract whereby
any part or all of the passengors f rieght or
cars empty or loaded hauled or trans-
ported by one and destined to points ou or
beyound tho lino of the other shall ho de-
livered to received and transported by tho
other which contract however shall bo
submitted to the railroad commission for
examination and approval and when so ap-
proved shall be binding but if the said
contract bo not approved by tho commis-
sion the same shall be void provided that
any connecting lino delivering freight to
the owner or consignee of such freight may
be sued by the owner thereof in the county
where the freight is delivered for any
damage that may bo done to such freight in
its transportation
Sec 22 The terms road railroad
railroad companies and railroad cor-
porations as used herein shall be taken
to mean and embrace all corporations com-
panies individuals and associations of in-
dividuals their lessees or receivers ap-
pointed by any court whatsoever that
may now or hereafter own operate man
ago or control any railroad or part of a rail-
road In this state and all such corporations
companies and associations of individuals
their lessees or receivers as shall do the
business of common carriers on any rail-
road in this stato
a The provisions of this act shall bo
construed io apply to and affect only the
transportation of passengers freight and
cars between points within this state and
this act shall not apply to street railways
nor suburban belt lines of railways in or
near cities or towns
b It shall ba tho duty of tho commis-
sioner to see that upon every railroad or
branch of same carrying passengers for
hire in this stato shall run at least one
train a day Sundays excepted upon which
passengers shall be hauled and the com-
mission shall havo no power to relax this
prOTtaion
Sec 23 This act shall not havo the effect
to release or waive any right of action by
the state or any person for any right pen-
alty or forfeiture which may have arisen
or may hereafter arise under any law of
this state and all penalties accruing under
this act shall bo cumulative of each other
and u suit for or recovery of ono shall not
be a bar to the recovery of any other pen-
alty and all laws and parts of laws in con
flict witti this act are hereby repealed
Sec 24 The fact that there is no ade-
quate and sufficient law for the rearulation
of railroads in tho transportation of freight
and passenger traffic and tho near ap-
proach of the close of tho present session
creates an imperative public necessity and
an emergency neccsitatinf the suspension
of the constitutional rule psguiring bills to
bo read on three severaJSffiys and It is so
suspended and that thugbeirtake effect and
the in force Irani and aUicit3 Dassapo and
pt is so cnacti
Ifegf
- V
tMTVeekJJpAZflpfE
00K HERTROSSftU
Gallant Mlssisslpplan Elopq
Younjr Widow Abandons 1
at Houston
Special to the Gazette
Housto Tex March 30 A widow
Mrs Jeffries who was eloping from Missis-
sippi with a school teacher intending to bo
married at San Antonio was abandoned at
tho depot here to day and her wedding
dres3 carried off while the gallant school
teacher left somo of his well worn togs in
its placo Tho woman is young and good
looking and states fear of her father and
brothers as the cause of the course she has
taken She is destitute and deeply dis-
tressed and disavows any harm in all her
eedings
43 -
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K r ill nm I ii m mil ill i
apion it as1 TsTjkoiev5 tsh --
jannuv nneeffaBauaiueii CAS gars usb wapina
SO MUCH MORE THA
The Democrat Pub
Gentlemen The
one so mucltbetter tha
It is just i
and does
ii v
fSPECTED
arch 21 1891
rjETex
macnine caMpall O K
jjcvvub iui ieu xor at so sua
yfefcood ammyii5 jcandlook3 Hitter
t -- - sme
jest as smod orjTrfJraknv muchindgt
in 1RS ttQHCL 1UQ W JEX aKT
ALL THAT IS CLAIMED F
Box 65 Vernon Tex Man
Democrat Publishing Co Fort Worth Tex
Gentlemen The No 4 High Arm premium
U J
xSf wSr
k With a
MACHINE TESTIMONIALS
It is a good
11 a price
to day
Thanks for
e
Sanders
KIT
OSjjI
i
T
sewin
maohine was received in good order and my wife finds it to
bealLsQU claim for it and is quite satisfied that it is eaual
to any otniiaachine of twice the price you ask for this
One The cafjfej too is exceedingly handsome and very well
finished Lam yours truly E L Motjeant
-e
Why Squander Your Money Why Throw
Away 30 to 35 Why Not Read
and Save Money
ONLY 24 VJITil WEEKLY GAZETTE DUE YEAR
A Sewing Machine is a Household Necessity ard the Wise Man Will
Not Pay S50 to 60 for an article that can be Bought for S23
Especially if the Article at 23 is in Every Raspect
the Equal of that Which Costs from 50 to 50
1 HH h ml 111 tAN
IUlJj 1 Uill if uil I II Uiliiii II ii
Has been offering as r premium tp its subscribers a Satvin Machine with its weekly
edition one year ior 3122 that for the ordinary sewine 01 the averajja family was in all
resnects the equal of muchines that cost double ho money But tne Oazctto was solicited
to supply ji demand exceeding tho ordinary neis of thu averwro housuhold and roat
problem to tho Garette was how to p3t a machine oqual in ill respjets to the hljh priced
machines and vot put it to the people at a
PRICE WITHIN THE REACH OF ALL
The Gazette solved the problem by having a High Arm No 4 Machine
MANUFACTURED EXPRESSLY FOR IT
Equal to any SCO machine on tho market and which can ba sold to tho people at
Ltoo
THAI HALF THE PRICi
Of the hiRh priced machines because In buvin the Gazettes Improved Singer
the people are not asked to pay agents commissions and expenses
in handling machines
THE G AZBTTES
tit on hmn mi nnTim
r m j r i a fen m q an i4 fciim v u u f j vt
wvs h Tn rinv v h mi
1IU 9 i JiiLLJii J JliL 5121 iuiJL iL LJL
Jf V
-
HOW TO
I
M S 1
111 B JLa
ffiL Jr Mil
11 ii W If lUmif
Easels m S 3rsLi
Is manufactured either Black Walnut or Antique at the option of the purchaser at tho
time price and with each of these machines we furnish one HufSer one Tucker one set
Hcmmers one Foot Eeramer one Screw Driver one Wrench one Oil can and Oil ona
Gauge one Gaucre Thumb Screw one Extra Throat -Plato ono Extra Cheek Spring ono
Paper Needles -is Bobbins and one Instruction Book and
Tta tfiies m AI Hid ii is Mb m
We offer to the public our New High Arm Machine with the utmost confidence that
it will meet with popular favor and a general demand as it really U the style and kind of
a machine now so reneraily desired by the people
Bear in mind that the factory is fully equipped with the very best and latest improved
machinery and that its machines are thoroughly made and of first class workmanship
EVERY MACHINE WARRANTED FOR FIVE YEARS
It is for your interest t buy where you can do the best and tho best machine at the
least price is what wa propose to give you Kemember that tho
GAZETTES IHPBOTED HIGH ARM SINGER MACHHE
Is of the finest workmanship nicely adjusted and first class in every respect All orden
will receive prompt and careful attention Tho Gazette invites examination of its new
Singer Machine and has no apprehension of the result
will do tho work of any H3 machine and cost no agents commissions and expenses
T ffl ill MAiffi
Any present subscriber to either of the editions of the Gazette can secure this 30
machine by sending 23 to the Gazette To persons who are not subscribers thia CSC
machine will bo sent with tho
WEEKLY GAZETTE ONE TEAR FOR S24
OE WITB THE
DAILY GAZETTE ONE YEAR FOR 33
OR WITH THE
SUNDAY GAZETTE ONE YEAR FOR S25
No nachino can be sent to any person who is not a subscriber to tho Gazette When
the order is received It is at once forwarded to the factory with instructions to ship in
BLACK WALNUT OR ANTIQUE OAK
As the subscriber elects and the machine is immediately shipped tho subscriber pailATy
the freight All that is necessary is that the perscn ordering the machine shall be a abV
criber to tho Wekly or Daily Gazette Send subscriptions and money to
THE GAZETTE Fort Wgrtb Texas
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Reference the current page of this Newspaper.
Fort Worth Gazette. (Fort Worth, Tex.), Vol. 13, No. 17, Ed. 1, Thursday, April 2, 1891, newspaper, April 2, 1891; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth109518/m1/10/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .