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Sed. 10. Purchase of stock of another company.-Any interurban railway company may at any time, by means of subscription to the capital stock of any other interurban or street railway company, or otherwise, aid such company in the construction of its railway or railways, and may lease or purchase any part or all of any railway constructed or to be constructed by any such other company, upon such terms and conditions as may be agreed upon between said companies respectively, or may enter into any agreement for their common benefit consistent with and calculated to promote the object for which they and each of them were incorporated; provided, that no such aid shall be furnished, or any purchase, lease or arrangement perfected, until a meeting of the stockholders of each of such companies shall have been called by the directors thereof at such time and place, and in such manner as they shall determine, and the holders of at least a majority of the stock of such companies shall have assented thereto, and the contract thus proposed shall have been approved by the State Railway Commission.
Sec. 11. Use of tracks and terminals of another company.Every interurban railway company may contract with other corporations owning or operating street railways or railroads for the use of the lines of railway, tracks or terminals of such corporations upon such terms as may be mutually agreed upon, and may similarly grant to such corporations the use of its own lines of railway, tracks and terminals, and may make agreements with such corporations for the handling or interchange of traffic. Every corporation organized pursuant to or subject to the provisions of this act, may acquire by purchase, lease, construction or otherwise, transmission lines, power sites, water powers, power plants and sub-stations, or may contract with another corporation for a supply of power. All of which shall be subject to approval first had from the State Railway Commission.
Sec. 12. Violations of act-penalty.-If any corporation, or officer thereof, shall violate any provision of this act, or shall do any act herein prohibited, or shall fail or refuse to perform any duty or requirements imposed by any order of the commission, or shall violate the same, it or he shall, upon conviction, be fined a sum of not exceeding one thousand dollars for each offense.
Sec. 13. Purchasing or leasing lines—obligation of.—When
Ch. 216, 217)
ever any interurban railway company shall lease or purchase the line or lines or other property of a street railway company operating within the limits of any city or village, the purchasing or leasing corporation shall be bound by all conditions, requirements, restrictions, regulations, agreements, contracts and penalties under which such street railway company may have been obligated by its franchises or by municipal ordinances and regulations.
Sec. 14. Service.--Nothing in this act shall be construed as granting to any interurban railway or street railway company a right to abandon, cease or diminish its service on any established car line or to change the routing of cars within the corporate limits of any city or village.
Sec. 15. Repeal.—Section 6185, Revised Statutes of Nebraska 1913, as now existing and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
Approved, April 25, 1917.
(House Roll No. 419.)
[Introduced by Representatives Stearns, Thomas, La Bounty, and Sena
tors Adams and Sandall.]
AN ACT to regulate the transportation of live stock by common carriers
in Nebraska and to rovide for the recovery of damages for the violation of this act, and to declare an emergency.
Be it Enacted by the People of the State of Nebraska:
Section 1. Railroads—transportation of live stock.--Every person, firm or corporation operating a railroad as a public carrier of freight in Nebraska shall transport all live stock, received by said carrier for transportation, in carload lots, from one point to another in this state, the entire distance between the initial point of receiving said stock to the point of its destination, within a period of time not exceeding one hour for each eighteen miles of main line, and not exceeding one hour for each twelve miles of branch line over which said stock is transported, when and while the train in which same is transported shall contain more than five carloads of live stock; and shall transport said live stock in carload lots within a period of time not exceeding one hour for each twelve miles of main line and not exceeding one hour for each ten miles of branch line over which said stock is transported, when and while the train in which the same is transported shall contain less than six carloads of livestock. Provided, that the time actually and necessarily consumed in picking up, setting out, loading or unloading carloads of stock at stations, the time necessarily consumed while awaiting consolidation at junction points, not exceeding two hours at each junction point with main line trains designated to take branch line stock forward, and the time consumed by it for watering and feeding said stock occasioned by the requirements of law, or order of the shipper, shall not be considered a part of the time in which shipments are required by this act to be made; but the burden of pleading and proving the time so consumed shall be upon the carrier. Provided, that the provisions of this section shall not apply in the movement of live stock for feeding or breeding purposes from Omaha.
Sec. 2. Shipping days—notice.-Said common carrier, with the consent of the Railway Commission, may select and designate three days in each week as stock shipping days on any of its branch lines not exceeding one hundred twenty-five miles in length. After giving ten days notice by publication of the days so selected and designated, said carrier shall be required to conform to the speed schedule in this act provided; upon its said branch lines, only upon the days so designated as stock shipping days.
Sec. 3. Penalty for failure to promptly ship.-Any common carrier that fails or refuses to transport such live stock from one point to another, in this state, within the time hereinbefore provided and fixed, shall be liable and pay to the owner of such stock the sum of ten dollars per car for each hour it extends or prolongs the time of transportation thereof beyond the period so fixed and provided, as liquidated damages, to be recovered in an ordinary action as other debts are recovered. Provided, said carrier shall not be liable for such damages in cases where the delay is the result of causes over which it has not reasonable control; but the burden of pleading and proving that said
Transportatiny Lire Stock
delay was the result of causes over which it has no reasonable control shall be upon the carrier.
Sec. 4. Same-action.—A suit to collect the damages provided for by this act may be brought in any court having jurisdiction of the subject matter and parties; and if the plaintiff recover a judgment he shall also recover a reasonable attorney's fee for the services of his attorney in said suit, to be fixed by the court and taxed as costs in said action.
Sec. 5. Remedy cumulative. This act is not intended to and shall not abrogate or abridge any of the common law rights or remedies of shippers; but any person injured by the delay of a common carrier in the shipment of live stock, in carload lots, may elect to proceed under the provisions of this act or under the provisions of common law.
Sec. 6. Complaints—where heard.-The State Railway Commission of Nebraska shall have the power to hear and determine whether or not the time within which live stock in carload lots is required to be transported by the foregoing provisions of this act is so short or so long as to be unreasonable or unjust to the carrier or the shipper; and upon complaint in writing filed with said commission, by any person, firm or corporation affected thereby, said railway commission, upon full hearing and trial thereon, after due notice thereof, may either lengthen or shorten the time hereinbefore fixed for such transportation of any live stock in car-load lots on any branches or main lines of railroad in this state, or allow it to remain as in this act provided, to the end that the same shall be just and reasonable to all parties concerned; and the time, within which live-stock, in car-load lots, shall be transported, hereinbefore fixed by this act shall remain in force and effect until after said State Railway Commission shall have provided a longer or shorter period of time therefor.
Sec. 7. Emergency.- Whereas, an emergency exists this act shall take effect and be in force from and after its passage and approval.
Approved, April 19, 1917.
(House Roll No. 33.)
[Introduced by Mr. Shannon.]
AN ACT to provide for the payment by railroad companies of wages in
lawful money of the United States twice each calendar month, and to provide a penalty for the violation thereof.
Be it Enacted by the People of the State of Nebraska:
Section 1. Railroads—employes wages-pay twice each month.-Every railroad company authorized to do business by the laws of the State of Nebraska shall, on or before the first day of each month, pay the employes thereof the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and on or before the fifteenth day of each month pay the employes thereof the wages earned by them during the last half of the preceding calendar month; provided, however, that if at any time of payment any employe shall be absent from his or her regular place of labor, and shall not receive his or her wages through a duly authorized representative, he or she shall be entitled to said payment at any time thereafter upon demand upon the proper paymaster at the place where such wages are usually paid and at the place when the next pay is due; any such railroad company which shall violate any of the provisions of this act shall forfeit and pay the sum of twentyfive dollars for each violation of this act which shall be proved to be recovered in any court of competent jurisdiction by any person who shall sue for the same; one-half of said penalty to go to said person so suing therefor, and the other half to go to the State, provided, further, complaint of such violation be made within sixty days from the date such wages become payable, according to the tenor of this act.
Sec. 2. Same-contracts for different payments unlawful.It shall not be lawful for any railroad company to enter into or make any agreement with any employe for the payment of wages of any such employe otherwise than as provided in section one of this act, except it be to pay such wages at shorter . intervals than herein provided. Every agreement made in violation of this act shall be deemed to be null and void, and it shall not be a defense to the suit for the penalty provided for in section one of this act; and each and every employe with whom