Report Volume 92

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 Excerpt: ...The remedy for the railroad even now, without change of the act, is far better than the citizen's ever was. But it is capable of some improvement, and should be perfected as fur as possible. 'The remedy is chiefly declaratory. With some small amendments, of a declarator sort, showing the mode of proceeding for convenience and adaptation, the act stands! The Tilley case has plowed and cross plowed the whole field for objections; but in vain. In the provision by which the rates of the Commission were made sufficient evidencethat term, sufficient, has been construed to mean simply, prima facie in accordance with the view of both parties--so construed by counsel for complainant, and counsel for defendants. One remaining point of objection has been removed by the adoption by the Commission of a rule as to notices, which settles the mode of proceeding more satisfactorily. Thus the strong features of the law referred to in our first report as thumb-screws have been so construed as largely to obviate the objections, and allow to the railroads their desired day in court. It remains to make the provisions for appeal more complete and satisfactory. As the law stands the action of the Commission is made priuui facie evidence of what rates are reasonable and just; let it so continue until the contrary is decided, but provide for exceptions to it. In case of dissatisfaction with the action of the Commission, let any party interested, whether citizen or city, or railroad, file exceptions against the same, speci fying the grounds of such exception, as if to a report, by a Master in Chancery, to the court in which they are tiled. If filed by a citizen, city or community, let it be in the name of the State for the use uf A B vs. the Railroad Company i...