Ch. 219) Right-of-Ways 539 any agreement in violation of this act shall be made by such railroad company shall have his or her action and right of action against such railroad company for the full amount of his or her wages in any court of competent jurisdiction of this State. Approved, March 23, 1917. CHAPTER 219. (House Roll No. 7.) [Introduced by Mr. Hoffmeister.] AN ACT to require railroad companies or corporations to construct, and equip all unused right of way, to provide for forfeiture for failure to so do and to make certain exceptions. Be it Enacted by the People of the State of Nebraska: Section 1. Railroads complete unfinished right of way.— Each and every railroad company or corporation owning and operating a line of railroad in this state and having a part of the right of way of such railroad in an unfinished and unused condition shall construct and equip such unused portion of its right of way within a fixed time as follows: Any railroad company or corporation which shall fail to construct, equip and put in good running order at least twenty miles of its right of way every year after the second of its incorporation, or, if incorporated more than two years, one year after the passage and approval of this act, until the whole is completed, shall forfeit all unbuilt and unequipped portions of such road and the corporate existence of such railroad company or corporation shall cease so far as relates to the portion of the road then unfinished. And the attorney general of the state shall, after the expiration of the time within which such unusued right of way shall be constructed and equipped, proceed to bring an action in the proper court to compel such forfeiture, provided, that the provisions. herein made shall not apply to any unconstructed or unusued right of way or terminal facility within the limits of any incorporated or unincorporated town, city or village in this state. Provided, further, that the provisions herein made shall not apply to or in any manner affect railway companies incorporated for the construction and operation of urban and suburban railroad. Approved, February 14, 1917. CHAPTER 220. (House Roll No. 67.) [Introduced by Mr. Greenwalt.] AN ACT to promote the construction of railroad lines within the state of Nebraska, and to repeal all acts and parts of acts in conflict herewith. Be it Enacted by the People of the State of Nebraska: Section 1. Railroads exclusive passenger trains not required-when. That railroad companies are hereby relieved from operating exclusive passenger trains on all lines of railroad which may be constructed after January 1, 1917, whether operated by independent companies on new lines, or by existing companies on extensions, until such time as such lines or extensions of existing lines shall earn to exceed seven per cent net per annum according to the formula of the Interstate Commerce Commission. And in no case shall the provisions of this section be construed to include any lines or parts of lines of railroad now existing. Provided, however, that in the absence of formulae approved by the Interstate Commerce Commission necessary to determine the amount of revenue properly creditable to said lines or branches and the expenses properly chargeable to said lines or branches, such formulae shall be used as are deemed by the State Railway Commission reasonable and just. Sec. 2. Repeal. That all acts and parts of acts in conflict with this act are hereby repealed. Approved, April 11, 1917. Ch. 221) Car Shortage 541 CHAPTER 221. (House Roll No. 40.) [Introduced by Messrs. Ligget, Norton, and Senators Henry and Sandall.] AN ACT to repeal Sections 5980, 5981, 5982, 5983, 5984 and 5984a of the Revised Statutes of Nebraska for the year nineteen thirteen (1913), to provide for the apportionment of freight cars between different divisions of a railroad, and between stations, and between shippers at any station, and to provide for the enforcement thereof, and to declare an emergency. Be it Enacted by the People of the State of Nebraska: Section 1. Repeal.-That Sections 5980, 5981, 5982, 5983, 5984 and 5984a, Revised Statutes 1913, are hereby repealed. Section 2. Definitions.-When used in this Act the following designated terms shall be construed to have the meaning herein assigned to each: "Railroad company" shall mean any common carrier engaged in the carrying of freight over any line or lines of railroad, or part or parts thereof, within the state of Nebraska. "Railroad" shall mean any line or lines of railroad, or part or parts thereof, located within the state of Nebraska. "Cars" shall mean any freight cars not under load and which are of a proper kind and which are in proper condition and which may be used for the receipt and shipment of the particular lot or lots of freight offered for shipment. "The Commission" shall mean the Nebraska State Railway Commission. "Shipper" shall mean any person, firm, company, association or corporation offering freight to be carried over any railroad as defined by this Act. Sec. 3. Railroads-supply cars to shippers.-Every railroad company shall supply cars at each station located on the railroad operated by such railroad company without discrimination and without favor or prejudice to any such station, and cars shall be apportioned by such railroad company among all shippers at any station located on the railroad operated by such railroad company without discrimination and without favor or prejudice to any such shipper. Sec. 4. Complaints-hearing-orders.-Whenever the commission, after hearing either on its own initiative or on formal complaint, shall determine that the supply of cars on any railroad is not adequate, in any respect, the commission shall issue an order requiring that after a date named in such order all cars distributed on such railroad shall be apportioned, by the railroad company operating the said railroad, to divisions of such railroad, to stations thereon, and to shippers at such stations only in accordance with a rule or set of rules which the commission is hereby required to formulate and establish. Sec. 5. Rules by railway commission.-Any rule or set of rules formulated and established under this act shall provide: First, that the apportionment of cars between different divisions of the railroad affected by such rule or rules shall be determined by the average yearly volume of shipment of freight made from each of such divisions. Second, that the apportionment of cars between the several stations on a division of the railroad affected by such rule or rules shall be determined by the relative volume of shipments of freight made from each of such stations. Third, that the apportionment of cars between shippers at any station on the railroad affected by such rule or rules shall be determined by the relative volume of shipments of freight made by each of such shippers, provided that no shipper shall be deprived of his due proportion of cars. Fourth, the method to be used in determining the relative volume of shipments of freight made from a division, from a station, or by a shipper. Fifth, that when necessity is found to exist, of which the commission is advised either by its own investigation which it. may make at any time or by hearing on complaint of any shipper or railroad company, the commission will by special order require the railroad company on whose railroad such necessity is found to exist to depart, to the extent provided in such order, from the application of this act or any rule or rules formulated and established under the same. Sec. 6. Information to railway commission.-Any railroad company or any shipper is hereby required to furnish to the Ch. 221) Distribution of Cars 543 commission any information which the commission may request of such railroad company or shipper for the carrying out of the intent of this act, which information the commission shall begin to collect immediately after this act shall have become effective. Sec. 7. Station agents-keep records of cars.—Every railroad company is hereby required to cause each station agent in its employ to keep a book, which the commission is hereby authorized and required to prescribe and to require the same to be kept, and in which book all orders made by shippers to such station agent for cars shall be recorded, and no station agent on any railroad shall refuse to allow the commission or any shipper to inspect such book at any time during regular business hours. Sec. 8. Order for distribution of cars.-It shall be the duty of the commission to notify promptly any railroad company affected by any order issued under this act that such order has been issued. Such notice shall be given by furnishing to the said railroad company a copy of such order together with a copy of any rule or rules made in connection therewith. Before any order made under this act for the apportionment of cars shall become effective the commission shall furnish to every station agent on the railroad affected by such order a printed notice setting forth the nature of the order and naming the date on which the same shall become effective and the penalties provided for the violation of the same, and upon the receipt of such notice by such station agent he shall cause the same to be posted immediately in a conspicuous place at the station of which he has charge and he shall see that such notice remains so posted as required by the commission. Sec. 9. Violations-penalty.-Any railroad company or any officer or employee thereof, or any shipper, who shall violate any of the provisions of this act or any order or rule made by the commission under the same shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than one thousand dollars. Sec. 10. Rules and regulations. The commission shall have full authority to formulate and establish any and all rules which it may deem necessary for the carrying out of the intent of this act. |