Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 01, 1907, Page 3, Image 3

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    v THE OMAIIA DAILY BEE: FRIDAY. FEBRUARY 1, 1907.
FOR RAILROAD COMMISSION
BaaSBKSaBWSSa
Bill U Besdj u Bs Heported U th Joint
Leeislativs Committee, ,
MEASURE COMPREHENSIVE IN ITS SCOPE
tve Aatkorlty to the How Body
DeNaea Its tratles, Oatllolag;
What U to Be Eiel4
C It.
(Continued from First Pag.)
all case of alleged neglect or notation
of the lawa of the atate by any railway
company or common carrier subject to the
provision hereof doing business In this
' atate, or by the officers, agent or employes
thereof, and take such action with reference
thereto as msy be' provided herein, or un
der the laws of this state providing for th
regulation of railway companies or lonr
tnon carrier.
Bald commission shall have th rower.
and it shall be Its duty, to fix all neces
sary rates, charges and regulation to gov.
m and regulate the freight and passenger
tariff" "of railway companies and common
carrier, the power to correct abuses and
prevent unjust discrimination, extortions
and over charges in th rates of freight
and passenger tariffs on the different rail
roads In this state, and to enforce the
same by having th penalties Inflicted as
hereinafter provided, through proper courts
different parts of the same lines. If found
necessary to do Justice, and may make
rate for express companies different from
the rate for railroad. -
ris Jolat Rate.
The said commission shall have power,
and It shall be its duty, to fix for all or
any connecting lines of railroad in this
state reasonable Joint rates of freight
charge, terminal switching charges for
the various classes of freight, and: car
that may pas over two or more line of
uch railroads, and if any two or more
.connecting railroads shall fall to agree upon
a fair and - Just division of the charges
arising front the transportation of freights,
passenger or car over their lines, the
commission shall fix the pro rata part of
uch charge to be received by each of said
' connecting line.
Bald commission . shall make and estab
lish reasonable rate of charge for each
railway company or common carrier sub
ject thereto for the use or transportation
of loaded or empty ears' on. its road; and
may establish for each railroad or for all
' railroads alike reasonable rate for the
toting and handling of freight and for
the use of car not unloaded after forty
eight hour notice to the consignee, not to
Include Sundays.
Said commission shall have the power,
and it shall be Its duty, to fairly and Justly
classify and subdivide all freight and prop
erty or whatsoever character ana Descrip
tion that may be transported over the rail
way of thl state. Into' such general and
special classes as may be found necessary
and expedient, and fix to each class or sub
division of freight, a reasonable - rate for
each railway company or common carrier
for the - transportation of each of said
classes and subdivisions; the classification
herein provided for shall apply to and be
the same for all railway companies and
common carrier subject to the provisions
of thl act.
Bald commission may .fix different rates
for different railroads and for different
line under the -same management, or for
The said commission shall have power,
and It shall be Its duty, to carefully examine
Into and iiispeot, from time to time, the
condition. of each railway, or common, car
J "rler, its equipment, and the manner of'jts
conduct and management with regard to
the public safety and convenience In the
. ."state: make seml-annual.-examinatlons ."of
the bridges of said railway companies and
common carrier and report the condition
thereof to the company to which the same
belong, and if found In arf unsafe and dan
' gerous condition said commission shall tm-
mediately natlfy the railway company, -or
common carrier whose duty It is to put
' the same in repair, which shall be done by
, it within ten day after receiving uch
notice, and If any railway company 'or
common carrier subject to the provisions
of this act falls to perform this duty, said
commission may enjoin and prevent it from
running trains over the same while in such
v unsafe and dangerous condition.
Compel Attendance, of Witnesses.
The chairman and each of the commis
sioners, for the purposes mentioned In this
chapter, shall have power to administer all
oaths, certify to all official acta, to compel
Sirens ih
and people are led to their ruin as truly today as in the ancient
times. .
One of the Sirens who creates the greatest havoc among
those who listen to her honeyed words is named '
COFFEE
Many and many a silent sufferer wanders on blindly and
wonders why-vthe-strength fails, heart and nerves tremble or
other symptoms of trouble show themselves.
Try leaving coffee alone 10
days and using
Pure ' .
Postum
, Food
(Coffee
The "wakmg- up" has
startled many and will startle
you, reader, if you have physi
cal ails.
It '8 worth a 10-days' trial.
"There v Rtaion" for
DOSTUM
the attendance of witnesses, t examine
any of the books, papers, documents and
records of any railway company or common
carrier subject to the provision of thl act.
or have such examination made by any
person or person that they may employ
for that purpose, to compel the production
of such books, paper, document and rec
ords, or to examine under oath, or other
wise, any officer, director, agent or em
ploy of any railway company or common
carrier subject to the provision of thl
act; provided, that any person or person
employed by said commission to examine
aid books, papers, document or records,
shall produce Ms authority, under the
hand and seal of aald commission, to make
such examination.
In case any witness shall fall or refuse
to obey any subpoena Issued by Mid com
mission, said commission may Issue an at
tachment for said witness, directed to any
sheriff or constable of this state, to compel
htm to attend before said commission, and
bring with Mm such books, paters, rec
ords or documents as may have been re
quired In said subpoena, and give his tes
timony upon such matter as shall be law
fully required by them; and If a witness,
after being duly subpoenaed by said com
mission, shall fail or refuse to attend, or
bring such books, papers, document or
record as shall have been required in said
subpoena, before said commission, and
shall fall or refuse to answer any question
propounded to him, and which he would be
required to answer If In court, the commis
sion shall have the 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 Incriminate the person giving it
shsll not excuse such witness from testify
ing, but such evidence or testimony shall
not be used against such person on the
trial of any criminal proceedings; provided.
aid commission shall have the power to
Issue proper process and take depositions
Instead of compelling personal attendance
of witnesses.
The sheriff or constable executing any
process under the provisions of this article
shall receive such compensation a is pro
vided by law for performing similar ser
vices, to be allowed the commission.
Attorney General Mast Advise.
(1) Said commission may consult and ad
vise with the attorney general from time to
time with reference to any or all matter
upon which they may' require advice, and
it shall be the duty of the attorney general
to give such advice a the commission may
require of him, and to perform such other
services within the line of his duty as said
commission may require.
(m) Said commission shall have the
power to employ an attorney to assist in
conducting all hearing before them a
herein provided and to assist the attorney
general in prosecuting and defending any
or all actions with reference to any order
or orders, rules, regulations, rate or rates
made or fixed by said commission as herein
provided, which said attorney shall be al
lowed by the commission such fee or fees
for his services as shall appear to said
commission to be Just and reasonable, to
be paid out on the order of the governor
upon an Itemised statement certified to by
said commission.
(n) Said commission shall have the power
to adopt rules and regulations to govern Ha
proceedings, the mode and manner of con.
ducting Investigations and hearings of rail
road companies, common carrier and other
person before -It, with reference to the
fixing of any rate or rate, classifications
and charges for the transportation of
freight and cars, the making of any order
provided for herein or nnder the law of
thl state relating to the control and regu
lation of railway1 companies and common
carriers, and othef acts required of It by
fie law of this state; provided, that no per.
son aesiring to be present at any such In
vestigation' or hearing by said commission
shall be denied admission.
. Keport to 'Governor.
(0) Said commission shall annually, on
or before the first Monday .In December,
make a report to the governor of its do
ing for the. preceding year, containing
such facts, statement and explanation
a will disclose the workings of railroad
systems of thl state, and their relation
to the general business and prosperity of
the dtlsens thereof, with suoh suggestions
and .recommendations in respect thereto as
may to the commission seem appropriate.
Bald report shall alsA oontaln, a to every
railroad corporation doing business In this
state:
(1) The amount of It capital.
.(2) Th amount of It preferred and com
mon stock. If any, and the condition of
each. -
t
Eter read one of these
genuine letters?
DOCTOR EXPLAINS J
Kls Article fa tb ntodlcU Hagasin About
Coffee.
One of the most famous medical publi
cations in the United States 1 th "Alka
lodlal Clinic," In a recent number of which
an entertaining article on coffee by a pro
gressive physician and aurgepn was pub
lished. In explaining his position in tha
matter this physician recently said:
In thi article la question ' I really
touched but lightly upon the merit of
Poatum Food Coffee. I have had several
cases of heart trouble. Indigestion and
nervousness where a permanent cure was
effected by. merely using Postum In place
of .coffee without any other treatment.
"In my own family I have used Post J m
for three year a ad my children actually
cry for it and will not be satisfied with
any other beverage. Indeed they refusa
to eat until they have had the customary
cup of Poatum and as It is a rehullder
and doe nothing but good I am only Uo
glad to let them have-It. f
-To get the beat 'result w boll the
Poatum at least 10 minute and It I then
settled by adding a little eoloV water, then
tle addition of freah cream make a bev
erage I now prefer to the very best cof
fe." Name given by Poatum Co., Battle
Cneek. Mich. .'
Authorities are agreed that Ppstum Is a
wolnderfully quick and sure rebullder.
Teji days trial In place of coffee prove It
. liook in pkga. for th Jmow little
jboatk, "The Road to WellvtU
(3) The amount of It funded debt and
the rate of Interest.
() The amount of It floating debt.
(6) The cost and actual present cash
value of It road equipment, including per
manent way, building and rolling stock.
all real estate used exclusively In operating
the road, and all fixtures and conveniences
for transacting Its business.
W The estimated value of all other
property owned by It, with schedule of the
same, not Including lands granted in aid
of its construction.
(7) The number of acres originally granted
by the I'nlted States or this state In aid of
the construction of said road.
(8) The number of acres of such land re
maining unsold.
() A list of Its officers and directors,
with their respective place of residence.
(10) Such statistics of the road and of
Its transportation business for the year as
may, in the Judgment of the commission
ers, be necessary and proper for the In
formation of the legislature, or as may
be required by the governor.
(11) The average amount of tonnage that
can be carried over each road In the' state
with an engine of given power.
Said report to exhibit and refer to the
conditions of said railway companies on the
first day of July of each year, and the de
tails of Its transportation business, trans
acted during the year ending June thir
tieth. (o) The records, schedules, orders, rate,
classifications, charges, rule and regula
tions and all findings of whstsoever char
acter of the commission, shall be authenti
cated by a certificate thereto attached
under the seal of said commission, signed
by the chairman thereof, that the same Is
a true and correct copy of the original rec
ords, schedules, orders, rates, classifica
tions and findings, In the office of said com
mission, and shall be received In evidence
In all courts of this state without further
proof.
(p) Power to Investigate charges out
side of the state to points Inside of the
state.
' Appeal to Interstate Commission.
It shall be, the duty of the commission
to Investigate thoroughly all through
freight charges from points . wltnout the
state to points within the state, both thoee
now fixed and those that may be hereafter
fixed. Whenever the commission finds that
a through rate charged from a point with
out the state to a point within the state.
Is, in their opinion, excessive, unreasonable.
unjust, or dscrlmlnatlng in Its nature. It
shall be the duty of the commission to call
the attention of the railroad officials to
the fact and urge upon them the propriety
of changing rate or rates. . Whenever such
rate or rates are not changed according to
the suggestions of the commission. It shall
be the duty of the commission and It Is
hereby given power and authority, to pre
sent the facts to the Interstate Commerce
commission and appeal to it for relief. In
such appeal and In the prosecutions of the
same before the Interstate Commerce com
mission the State Hallway commission shall
have the assistance of the attorney general
and may employ special counsel. In case
It deems It advisable to do so, at such com
pensatlon as the commission shall fix.
(q) The commission may, In its discre
tion, prescribe the forms of any and all
accounts, records, and memoranda to be
kept by carriers subject to the provisions
of this Act, Including the accounts, rec
ords, and memoranda of the movement of
traffic as well as the receipts and expend!
tures of moneys. The commission shall at
all times have access to all accounts, rec
ords and memoranda kept try carriers sub
ject to this Act, and It shall be unlawful
for such carriers to" keep any other ac
counts, records or memoranda than those
prescribed or approved by t Ira commission,
an It mar emnlov special asrents or ex-
ari.riers. who shall have authority under the
order of the commission to Inspect and ex
amine any and all accounts, records and
memoranda kept by such carriers. Thl
provision shall apply to receivers of car
riers and operating trustees.
Penalties.
. Section t. Penalties.
Any railway company or common carrier
subject to the provisions . of this act who
shall, upon proper demand, fall or refuse
to exhibit to the commissioners, or any of
them or any person authorised by said com
missioners to investigate the same, any
book, paper, document or record of such
railway company or common carrier, which
Is In the possession or under the control of
said railway company or common carrier,
or any office!1, agent or employee thereof,
shall be' guilty . of a misdemeanor, and
upon conviction thereof, shall be fined for
each offense a sum not less than one
thousand dollar nor more than five thou
sand dollar.
Any officer, agent or employe of any
railroad company who shall, upon proper
demand, fail or refuse to exhibit to the
commissioners, or any of them, or any
person authorised by aald commissioner
to Investigate the same, any book,
paper, document or record of such
railway J. company or common carrier,
which Is in the possession or under
th control of such officer, agent or em
ploye, shall be guilty of a misdemeanor,
and. upon conviction in any court having
Jurisdiction thereof, shall be fined for each
offense a sum not less than one hundred
dollars nor more than five hundred dollars,
or be Imprisoned' in the county Jail not
less than ten days nor more than thirty,
or both within the discretion of the court.
Sec. 1 Railway company and common
carrier, defined.
The term railway company a used herein
hair be taken to Include all corporations,
companies. Individuals and associations of
Individuals, their lessees or receiver (ap
pointed by any court whatsoever) that may
now or hereafter own, operate, manage or
control any railroad or part of a railroad
In this state, and all corporations, com
panies and association of individuals,
their lessee or receivers, as shall do the
business of common carrier on any rail
road In thl state.
Common Carriers Denned.
The term common carriers as used herein
hall be taken to Include all corporations,
companies. Individual and association of
Individuals, their lessees, or receivers (ap
pointed by any court whatsoever) that may
now or hereafter own, operate, manage or
control any railroad, laterurban line, oper
ated either by steam or electricity or any
other motive power, or part thereof, or
any express company, car company, sleep
ing car company, freight and freight line
company, telegraph and telephone com
panics and any other carrier engaged In
the transportation of passengers or freight
for hire for the public, by railroad, except
street car companies.
Sec i. Schedules of rates and charges
how fixed and established.
It shall be the duty of all common car
rier within the state, to nl with the
State Railway commission, within thirty
days after -this act shall take effect, all
freight schedules, classifications, rates,
tariffs and charge used by said common
carrier and in effect on January 1, 1807.
The said railway commission shall fix and
establish, as soon a practicable there
after, a complete schedule and classifica
tion of rate and charge, except Joint
rate hereinafter provided for, fur the
transportation of freights, passenger and
cars, over the various line of- railroad in
this state, and shall furnish a printed copy
thereof, duly authenticated by said com
mission, to all railway companies and com
mon carrier doing business In this state,
together with a notice when the same shall
go Into effect. Bald schedule of rate and
charges shall go into effect not less than
thirl day nor nor Uuu sixty day
under the decision of the commission, aftei
the same have been completed end copies
thereof mailed to th railway companies
and common carrier affected thereby, and
any or all rate therein contained shall be
end remain In force and effect 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 or persons, hereinafter
named, complaining of any or all rates In
any schedule or shedule prepared by said
commission as hereinafter provided, before
appealing from the rate or rates com
plained of a 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
plained of going Into force and effect, and
a copy of said schedule when so authenti
cated 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 Rear in a.
(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, or any body
polltlo or municipal organisation, 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 fix a
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 annulling any or all
rate In any schedule or schedules pre.
pared by them, by notifying all person in
terested therein or affected thereby, a
hereinbefore provided.
(b) Upon the hearing the railway com
missioners shall receive any evidence and
listen to any arguments offered or pre
sented 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 mak
lng the complaint The lowest rates pub
lished or charged by any railway company
for substantially the same kind of service.
whether In this or another state, shall
when Introduced In evidence, be accepted
as prima facte evidence of a reasonable
rate for the services under investigation;
and if the railway company or common
carrier making complaint, or the railway
company complained of by the person or
persons hereinbefore set forth, operate a
line of railroad beyond the, state, or ha
a traffic arrangement with any other rail
road company, the same shall be taken Into
consideration In determining what Is a rea
sonable rate; If It be operating a line of
railroad beyond the state, the rate charged
or established for- substantially the same
or greater service by It In another state
may also be considered. (
Competent Evidence In Cowrt.
(c) After such hearing and Investigation
the commission shall render a decision In
the premises, which said decision shall af
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 or common carrier men
tioned in said decision. In any of the court
of this state as prima facie evidence that
the rates therein fixed are Just and rea
sonable, the same a the original schedule
made by said railway, commission a here
inbefore provided.
(d) Said Board of Railway Commissioner
hall Immediately notify ail person af
fected thereby of the ubetanca of their
decision affirming, annulling, revising or
modifying the rate or rates complained of,
and shall specifically set forth any rate
or rate that have been annulled, and any
rate or rate 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 ef
fect thirty days after said decision was
mailed to the railway company, common
carrier, person or persons or corporation
affected thereby, and shall continue so un
til further modified, revised or annulled by
said commission, or finally adjudged to be
unreasonable and unjust a hereinbefore
provided.
(e) Any railway company or common car
rier applying In any court for any tempo
rary writ of injunction or 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 ttme 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, or rates , confplalned of, which said
transcript shall contain a copy of the com
plaint filed with said commission, their de
cision and findings of facts with reference
thereto and the evidence Introduced at said
hearing, which transcript shall be consid
ered by the court In allowing or disallowing
said temporary writ of injunction or other
mandatory order.
Emersreaer Rates.
Sec. I. Emergency rates. )
Nothing In the foregoing section shall be
Construed to prevent said commission from
having the power, when deemed by It neces
sary, to prevent Interstate rata wars and
Injury to the business of the cltlsens of the
state, railway companies or common car
riers, or In case of any other emergency
to be Judged bf said commission, and It
shall be the duty of said commission to
temporarily alter, amend or suspend any
existing freight rates, tariffs, schedules,
order and circular of any railway com
pany or common carrier, or part thereof.
In this state, and to fix freight rates where
none exist, which said emergency rate or
rates shall apply to any one or more or
1 all railway companies or common carriers
' In thfa .tats mnA .hall lib. &ftttt at ailfh
time .and remain In force such length of
time as msy be prescribed by said com
mission; ppovided, that aald emergency
rates, tariffs, schedules, orders and cir
cular shall be subject to review upon a
heartiur before said commission and courts
of competent Jurisdiction la thi tale, a
MAIL
ORDERS
CAREFULLY
LOOKED
AFTER.
Ifs Too Much Trouble
With us "time is money," and we're too busy to spend time measuring, counting and
listing little lots, remnants and such things. "It's too much trouble," so to save time and
trouble, Friday we will have a thorough Glean-Up and Clear-Up Sale of all surplus lines
and remnants in the store. Profits not considered it will be a "dhurry up" sale and those
who come will find many delightful surprises in things they need at little prices.
Furs at Half Price
Fox Scarfs, Sable Coneys, Brook
Mink, In stocks, ties, throws and
boas, all on one large table, sold
at $3.95, 14.95, $5.95 and $6.95.
ALL AT HALF TRICE FRIDAY
'Large Lot of Misses' and Chil
dren's Fnr Set
ar Beal and Astrakan Coata
Muffs and Boas, complete, that
sold at $8.95, $3.95 up to $8.95,
ALL HALF PRICE FRIDAY
Pretty garments. Sktnner satin
lined, best fitting coat)
$41.80 Coat go at $27.50
$55.00 Coats go at .,,.$35.00
$40.00 Coats go at ,...$34.75
One Aleutian Sealskin, was $135,
size 40, Friday for ...$82.50
One blended Squirrel Fancy Eton
Blouse, was $125, sire 36, Fri
day HALF PRICE
ALL FUR LIXED COATS GOING
AT HALF PRICE.
ALL FUR CAPES IN ASTRA
KHAN and NEAR. SEAL, H Price
Beautiful Astrakhan and Near
Seal Capes, full 30-ln. long, Skin
ner watln lined, were $25.00,
now $12.50
$30.00 Capes $15.00
$37.60 Capes $18.75
Some Grand
Surprises
AWAIT YOU AT OUR SILK DE
PARTMENT Every short end
length and remnant. Everything
Included, Taffetas, Messallnes,
Peau de Cygne, Peau de Sole,
. Loulslenes, etc., plain, fancy and
black, nothing reserved:
Length from 1H yards to 8 yds.
long and worth from 69c to $1.60
a yard, all go at a hurry up sale
Friday .. JUST HALF PRICE
herein provided for other schedules of
rate fixed by said commission.
Appeals to Be Expedited.
Sec. 7. Appeal from decision of commis
sioner. If any railway company, common car
rier or any person or person affected there
by, shall be dissatisfied with the decision
of said railway commission, affirming-, re
vising, annulling- or modifying any rata or
rate complained of In said original sched
ule, or any subsequent schedule which may
be the subject of Investigation or with the
decision of said commission with reference
to any rate classification, rule, charge,
order, act or regulation made or adopted
by them, upon which there ha been a
hearing before said commission, except as
otherwise expressly provided for herein,
such dissatisfied railway company, common
carrier, person or persons, may file a pe
tition, setting forth the particular cause or
causes -of objection to such decision, act,
rate, rule, charge, classification or order,
or to either or all of them, in any district
court In this state, against said commis
sion a defendant.
Said action shall have precedence over
all other causes on the docket of a differ
ent nature, criminal case excepted, and
shall be tried and determined as other civil
causes in said court. Either party In aald
action may appeal to the supreme court
of this state, and said appeal shall be at
once returnable to aald court and said
action so appealed shall have precedence In
aid court of all causes of a different char
acter pending therein; provided, that if the
district court be In session at the time
uch right of action accrues, the suit may
be filed during the term and stand ready
for trial after ten day notice.
(a) In all trials under the foregoing ar
ticle, the burden of proof shall rest upon
the plaintiff, who must show by clear and
satisfactory evidence that the rates, regu
lations, orders, classifications, acta or
charges complained of are unreasonable
and unjust to It or them, and the record
of the decision upon said hearing before
aid commission, shall, when properly
authenticated by said commission, be re
ceived in evidence in the trial of said
cause, that said rate or rates affirmed, re
vised or modified, or that any said rate,
classification, rule, charge, order, act or
regulation, 1 prima facie just and rea
sonable. Post la a; of Schedules.
See. 7. Printing and posting schedules
of rate.
Every railway company or common car
rier subject to the provision of thl act
hall print and keep for public inspection
schedules showing the rates, fare and
charge for the transportation of passen
gers and freight which have been fixed and
established as herein provided, and which
are in force at the time upon its railroad
or railroads. Bald schedules shsll plainly
state the places upon It road between
which property and passengers will be
carried, and shall contain the classi
fication of freight In force upon such
classification of freight In force upon such
road, stating separately any terminal
charges, and any rules and regulations
which In anywise change, affect or de
termine any of the aggregate of uch rates,
fares and charges. Bald schedule shall
be plainly printed In large type, of at least
the, else of ordinary pica, and a copy for
the' use of th public shall be kept in every
freight office and passenger station on such
road, where It can be conveniently In
spected, and said railway company or com
mon carrier shall keep a printed notice
posted In every such' freight office and pas
senger station indicating where therein th
same can be found. Bald schedules have
printed at the top thereof In black faced
type the words "Schedule A." "Schedule
B." and so on, and shall also have printed
thereon Immediately following said word
the data when such schedule or schedule
went Into effect, and when said commission
have revised, annulled or modified any rat
or rates In said schedules so designated,
said railway company or common carrier
shall prepare another schedule showing
the rate or rates, so annulled, revised or
modified and the classification thereof
which shall be designated by printed words
at the top thereof a "Supplemental Sched
ule A" and so on. and whan It rat or
mONE 081 DOUGLAS
Half Price
Remnants of Drees Goods at this
- Special Clean. Up Sale, HALF
PRICJk-AU of our black and
colored Dress Goods, in lengths
from 2 to 8 yards, are all placed
In this Friday sale regardless of
former prices. They have been
marked very low to close and
now at the EXTRA reduction of
HALF you can't afford to miss
this offer, Panamas, Serges, Mo
hair, Scotch Mixtures, Broad
cloth, Taffetas, Nun's Veiling.
Batiste, etc
One Dig Lot of All
Over Embroideries
Embroideries that are worth up to
76c a yard, Friday only, yd.25
Fancy Silk
Trimming D raids
Hundreds of yards of Fancy Silk
Trimming Braids of all descrip
tions offered at the lowest price
you ever heard.
Here are Braids worth up to 25c
a yard. They will be offered in
our basement Friday for, yd. It
A Few Flyers for
Bargain Friday
An unhemmed restaurant napkin,
check pattern, good size, and
worth 60e dos., Friday, doz30
Remnants of Stevens' Crash Tow
eling, .In 2 to 6 yards long
worth 12 Me yard, Friday, clean
up price, yard Q$
Heavy weight Scotch Satin Dam
ask, good width, full bleached
worth 40c yard, Friday, yd-25
100 soUed Tray Cloths, warranted
pure linen, full bleached and
worth 40c a piece, while they
last, Friday, each 15
rates therein set forth are in force and ef
fect, i
(a) If passengers and freight pass over
continuous line or routes in this state,
operated by more than one railway com
pany, or common carrier, and the several
companies or carrier operating such lines
or route have, established joint tariffs
shall be filed with .said commission. Bald
joint rates, fare and charge on such
continuous lines shall be made public by
aid railway companies or common carriers
when directed by said' commission. Insofar
a in the Judment of aald commission may
be practicable, and said commission shall
also from time to time prescribe the meas
ure of publicity which shall be given to
any Joint rates, fare and charge, or to
such part thereof as It may think practic
able for such railway companies or common
carriers to publish, and the places in which
they shall be published; but no railway
company or common carrier, party to any
such Joint tariff, shall be liable for the
failure of any other party thereto to ob
serve and adhere to the rates, fares or
charges thus made and published.
Road Mast Ftl Btatemtents.
Bee. 1 (b) Every common carrier, in
corporated or doing business. In thl state,
shall on the first day of August, 1907,
and annually thereafter, transmit to
the office of the ' railway commission
a full and complete statement un
der oath of Its proper officer, of
th affair of such common carrier, as
the same existed on the first day of July
next preceding. Such statement shall show,
1 The amount of the capital stock sub
scribed, the number of shares and
the par value of the same,
(2) the name of th owner of it stock
and the amount owned by them, respec
tively; (3) the amount paid into th treas
ury of the common carrier for and on ac
count of the Issuance of the stock, the
date of such payments and by whom
paid; (4) the amount of outstanding bonds
of the company, the date and purpose of
their issuance and th rate of Interest
thereon; (5) the names and place of resi
dence of the officer of th company, with
the amount of the annual salary of each;
(6) the amount of the floating debt of the
company, with the purpose for which the
debt was Incurred; (7) the value of the
roadbed. Including Iron and bridges, the
value of rolling stock, stations, buildings,
locomotives and all other property; (8) the
length of single track on the main line and
the length of double track on the main
line; (9) the length of branch lines, stat
ing whether they are double or single
track; (10) the aggregate length- of side
tracks, suurs, switches and terminals on
or connected with each main line or branch
line; (11) the number 'of tons of through
freight carried during the year preceding
the making of the report and the number
of tons of local freight carried during the
same time; (12) th number of tons of
through freight carried on each main
line, designating in separate Items the local
freight and the through freight; (13) the
number of tons of freight carried on each
branch Una, designating In separate items
ORCHARD & WILHELM CARPET CO.
! 414-16-18 Bo. 16i Street.
Sold by the unit A 1 " j.c3
unit of letter files, a i r&YtJo1iBrf:sSr
unit of card index -fi 1 m 1 B Iflifr 'Hi fcj'
files, a unit of any - rrj I ca IfHst- 1
other files, drawers 'T3I ZLA ST
or pigeon hole boxes !H v'lliT TSPl
wanted, all Inter- --IIiMSS1" O I 5
locked form a hand-. irVi!?' Ottr3
some and complete j ;t
Globe-Wernick. jf ; aSf?
-ELASTIC rlST45
CAB1MET. ( fefctiliB
SHREWD BTEA
WILL 8 EH TUB
REMARKABLE!
BARGAINS
HERE
Vigorous Values in
Basement Friday
Follow the crowds Friday to our
grand Clean-Up Sale. A total dis
position of all short lengths, rem
nants and broken lines at mere
trifling prices.
Everything must go Friday.
2 w111 be the glaring sale price
on thousands of yards of good,
desirable remnants, In calicoes,
outings, suitings, quilt coverings,
etc. . Enough for all.
Good Bleach Muslin, wide, on
sale Friday, yard 3t
Splendid quality, yard wide, nn
bleached Muslin,' on sale Friday
at, yard 4tt
Big bargain square of Percales,
Fleecebacks, Flannelettes, Ki
mono Flannels, fine Outings,
' worth 12 c, 15c and 20c yard,
all to go Friday at, yard .... Q
Come.
16c and 25c dainty turn over Col-,
lars, embroidered linen and fine
mulls, scolloped and hemstitched
Friday, each 44
GRAND CLEARING of regular
12 He and 16c fine white Cam
brics, Muslins, Sheetings, etc.,
while they last, Friday, only,
yard ,.f
Another Sale of Fine
Cotton Batting
FOR FRIDAY.
Regular 18c Fine Batts 12
Regular 9c Cotton Batts Q
Regular 25c Flue Batts 1G
the local and through freight; (14) the
monthly earning for th transportation o(
freight and the monthly earnings for th
transportation of passenger on each main
line and branch line; '(16) the amount of
expenses Incurred In running , passenger
train on each nutfn line and branch, line
and the amount of expense incurred n
running freight and mixed train on each
main line and branch line; (16) the expense
incurred in the management of the road.
Including the compensation of general offi
cers, which shall be reported itemised In
detail; (17) the. amount expended for re
pairs. Including maintenance of roadbed,
repairs and renewals of bridge, tie, Iron
and the amount expended for other Im
provements not included In the previous
enumeration; (18) the amount expended for
motive power, cars, station and ware
houses, shops, repairs upon car and loco
motives and all other expenses of th
operating department; (19) If a railroad,
what express companies run on Its road
and on what term and condition and th
kind of business don by the express com
pany; (20) the number of free passe or
free tickets, and frank issued, ' and - to
whom and what relation the. recipient bears
to the road; (21) what operating or trafflo
arrangements It ha with other companies,
attaching a copy of any contract or con
tracts for such arrangement; (23) what
amaunt of land was granted to the com
pany, or It assignors. Immediate or re
mote, by the state or the United 8tates,
how much of said land has been conveyed
by deed and the amount realised from th
sale thereof and how much of said land
I now held; (23) the amount received by
the coiripany, or Its assignor, immediate
or remote, from municipalities or pther
sources a a bonus or to aid in the build
ing of any railroad; (24) the number of
employe killed - and the number of em
ploye Injured by accident, and the cause
or causes of such accidents; (26) the nuV
ber of passenger killed and the number of
passengers Injured by accident, and th
cause or causes of such accidents; (23) the
number of other persons killed or Injured
by accident, and the causes of such acci
dent; (37) an Itemised statement of th
amount of all damage paid on account of
Injuries to or the death of person by
reason of accidents, stating in separate
Items the amount paid on account of In
juries or the death of employe, ( passenger
and other persona; (28) such other Infor
mation a may be required by the com
mission. Fines for ffea-leet.
If any common carrier shall neglect or
refuse to file such statement with th
commission It shall forfeit and pay for
each such offense not less than 11,000 nor
more than $6,000.
(c) If any railway company or common
carrier shall fall, refuse or neglect to file
or publish any schedul of rates, fares and
charges, or any part of the same. It shall.
In addition to other penalties herein pre
scribed, be subject to a writ of mandamus,
to be issued by any district oourt
pf thl state in the judicial dis
continued , on Fifth Page.)
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