and if a majority of the votes cast at such election shall be in favor of the constructing and operating Certificate of of such proposed street railroad, the council shall result. Street railroads; how constructed, etc. cause the city clerk to make out a certificate of the result stating that the consent of a majority of the electors of such city has been given to the constructing and operating of such railroad, and deliver the same to the chief officer of such street railroad company, who shall cause the same to be recorded in the office of the county clerk where the articles of association of such street railroad company are recorded, and in the same record, and such certificate shall be prima facie evidence of the facts stated therein; and thereupon,-such street railroad company shall be authorized to proceed and construct and operate such street railroad, as described in its articles of association, or any portion thereof, subject to such rules and regulations as may be established by ordinances of such city. Provided, That any street railroad hereafter authorized to be constructed shall be built upon the line or route so described in said notice and plat, and not otherwise, and shall be constructed from one of the termini so fixed continuously to the other, and shall be a single or double track as shown on such plat; but no street railway shall hereafter be constructed or consent or authority therefor be given by any city or its electors, upon or along any part of any street in any city, upon or along which any street railway has been already constructed, and where any other company or party owns any street railway upon any part of such street it is hereby authorized and empowered to consent to the use of any part of its railway by any other company upon such terms as may be agreed upon by them; provided that no such use shall be allowed or enjoyed without its consent. property own ers. Provided, further, that no authority to construct Consent of street railway on any street of any city in this state under any franchise hereafter granted, or consent of the electors of any such city thereto, hereafter given shall be operative or effective unless the owners of a majority of the feet front of the real property abutting upon the street or streets upon which it shall be proposed to construct any such street railway, shall in writing consent thereto, which written consent shall be filed in the office of the city clerk of the city wherein such street is situated before any election to give the consent of the electors of such city shall be called. SECTION 4. That said sections three (3), four Emergency. (4), and five (5), of said act, entitled "An act to provide for the incorporation of street railroad companies within the cities of this state" approved February 15th, 1877, be and the same are hereby repealed. This bill having remained with the governor five (5) days, Sundays excepted, (the legislature having adjourned sine die on the date of the presentation of this bill to the Governor) and having failed to file it in my office with his objections within five (5) days after adjournment of the legislature, it has thereby become a law. Witness my hand this 14th day of April, A. D. 1893. C. C. CALDWELL, Deputy and Acting Secretary of State. Application of act. "Railroad" defined. [House Roll No. 33.] CHAPTER 24. AN ACT to regulate railroads, to classify freights, to fix reasonable Be it Enacted by the Legislature of the State of SECTION 1. The provisions of this act shall apply, except as in this act otherwise provided, to all railroad corporations and railroad companies, and to any common carrier or carriers engaged in this state in the transportation of freight by railroad therein, and shall also be held to apply to shipments of property made from any point within the State to any other point within the State. The term "railroad," as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation, receiver, trustee, or other person operating a railroad, whether owned or operated under conTransporta tract, agreement, lease, or otherwise, and the term transportation" shall include all instrumentali"Railroad cor- ties of shipment or carriage, and the term "railfined. road corporation," contained in this act shall be tion" defined. poration" de deemed and taken to mean all corporations, companies, or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part, in this state, and the provisions. of this act, except as in this act otherwise provided, shall apply to all persons, firms, and companies, and to all associations of persons, whether incorpo rated or otherwise, that shall do business as common carriers of freight upon any of the lines of railway in this state, the same as to railroad corporations herein mentioned. Classification of freight. at actual SEC. 2. That all freight or property to be transported by any railroad company or companies mentioned in the preceding section, from any point in the State of Nebraska to any other point in said State, shall be classified as hereinafter in this section provided, and any other or different classification of freight, which would raise the rates on class or commodity of freights above the rates prescribed in this act, except as hereinafter otherwise provided, is prohibited and declared to be unlawful. The classification established by this act shall be known as the "Nebraska Classification." Freights Freights billed shall be billed at the actual weight, unless other-weight. wise directed in the classification. Twenty thousand pounds shall be a car load and all excessive “Car load.” weights shall be at the same rate per hundred pounds, except in car loads of light and bulky articles, and unless otherwise specified in this classifiWhen the classification makes an article and "carrier's cation. "released" or "owner's risk" the same at carrier's risk will be the next rate higher, unless otherwise provided in the classification. Articles rated first class, "released" or owner's risk, if taken at "carrier's risk," will be 1 times first class, unles otherwise provided in the classification. All articles carried according to this classification at "owner's risk" of fire, leakage, damage or breakage, must be so receipted for by agents, of the railroad, and so considered by owners and shippers. Signing Release cona release contract by a shipper shall not release the "Owner's risk” risk." Iracts. Explanation of characters. LAWS railroad company for loss or damages caused by carelessness or negligence of its employes. THE NEBRASKA CLASSIFICATION, EXPLANATION OF The class is given opposite each article. 1, 2, 3, 4 and 5 stand for first, second, third, fourth and fifth classes respectively; 1 for one and one-half first-class, D 1 for double first-class, 2 for two and one-half times first-class, 3 t 1 for three times firstclass, 4 t 1 for four times first-class, O. R. for owner's risk, C. R. for carrier's risk, S. U. for set up, K. D. for knocked down, C. L. for car load, L. C. L. for less than car load. P. P. for prepaid, N. O. S. for not otherwise specified in this classification; classes A, B, C, D and E, refer to table of rates. The figures or letter in the first column to the right of the various articles in the classification refer to less than carload lots and those in the second column refer to the rate in carload lots. A Advertising boards, in bundles...... ricultural implements, returned to LCL CI 1 3 |