lation. Amount lim- of more than Ten Thousand and up to Fifteen Thousand popited to popu- ulation, according to the last preceding census, such compensation shall not exceed Seven Hundred and Fifty ($7.50) Dollars. And in Cities of more than Fifteen Thousand and up to Twenty Thousand population, according to the last preceeding census, such compensation shall not exceed One Thousand ($1,000.0) Dollars per-annum. And for Cities over twenty thousand not to exceed $1,500.00 per-annum, which amount shall be in full compensation of all services of such Mayor of every kind and character whatsoever connected with his official duties. Certain pay ized. SEC. 2. That in all cases where any such City has heretolegal- fore by ordinance or resolution of its City Council paid its Mayor compensation either as such Mayor or as Chief of Police of said City or otherwise, such payment is hereby legalized and made valid. Publication. SEC. 3. This Act being deemed of immediate importance, shall take effect and be in force from and after its publication in the "Iowa State Register" and "Des Moines Leader," Newspapers published at Des Moines, Iowa. Approved March 29, 1890. I hereby certify that the foregoing act was published in the Iowa State Register April 2, and Des Moines Leader April 1, 1890. FRANK D. JACKSON, Secretary of State. CHAPTER 17. H. F. 37. Chap. 28 acts 22 G. A. defined as to joint rates. JOINT RATES ON RAILWAYS. AN ACT to Amend Chapter 28 of the Acts of the Twenty-Second General Assembly, giving authority for the making of rates for the transportation of freight and cars over two or more lines of railroad within this state and enlarging the powers and further defining the duties of the Board of Railroad Commissioners. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That chapter 28 of the acts of the twenty-second general assembly be and the same hereby is amended as follows: That said chapter 28 of the acts of the twenty-second general assembly shall not be construed to prohibit the making of rates by two or more railroad companies for the transportation of property over two or more of their respective lines of railroad within this state, and a less charge by be reduced on joint rates. each of said railroad companies for its portion of such joint Charges may shipment than it charges for a shipment for the same distance wholly over its own line within the state, shall not be considered a violation of said chapter 28 of the acts of the twentysecond general assembly, and shall not render such railroad company liable to any of the penalties of said act, but the provisions of this section shall not be construed to permit railway companies, establishing joint rates, to make by such joint rates any unjust discrimination between the different Unjust disshipping points or stations upon their respective lines between crimination which joint rates are established, and any such unjust dis- points forbidcrimination shall be punished in the manner and by the penalties provided by Chapter 28 of the acts of the 22nd General Assembly. between den. reasonable SEC. 2. All railway companies doing business in this state Demand for shall, upon the demand of any person or persons interested joint through establish reasonable joint through rates for the transportation rates. of freight between points upon their respective lines within this state, and shall receive and transport freight and cars over such route or routes as the shipper shall direct. Car load lots shall be transferred without unloading from the cars in which such shipments were first made, unless such unloading in other cars shall be done without charge therefor to the Cost of transshipper or receiver of such car load lots, and such transfer be made without unreasonable delay and less than car load lots shall be transferred into the connecting railway's cars at cost, which shall be included in and made a part of the joint rate adopted by such railway companies or established as provided by this act. fer. accommoda "state traffic. When shipments of freight to be transported between dif- The same ferent points within this state are required to be carried by tions to local two or more railway companies operating connecting lines, as to intersuch railway companies shall transport the same at reasonable through rates and shall at all times, give the same facilities and accommodations to local or state traffic as they give to inter-state traffic over their lines of road. establish rates. SEC. 3. In the event that said railway companies fail to Failure of establish through joint rates or fail to establish and charge companies to reasonable rates for such through shipments, it shall be the through joint duty of the board of railroad commissioners and they are hereby directed, upon the application of any person or persons interested, to establish joint rates for the shipment of freight and cars over two or more connecting lines of railroad in this state, and in the making of such rates and in changing or revising the same, they shall be governed as near as may be, by all the provisions of Chapter 28 of the acts of the chap. 28 acts twenty-second general assembly, and shall take into consider- 22 G. A. to ation the average of rates charged by said railway companies missioners in for shipments within this state for like distances over their making rates. govern com ers' rate to take effect. respective lines, and rates charged by the railway companies operating such connecting lines for joint inter-state shipments Commission- for like distances. The rates established by the board of railroad commissioners shall go into effect within ten days after the same are promulgated by said board, and from and after that time the schedule, of such rates shall be prima facie evidence in all of the courts of this state that the joint transportation of freight and cars upon the railroads for which such schedules have been fixed. Railway com ested to be notified. SEC. 4. Before the promulgation of such rates as provided panies Inter in Section 3 of this act, the board of railroad commissioners, shall notify the railroad companies interested in the schedule of joint rates fixed by them; and they shall give said railroad companies a reasonable time thereafter to agree upon a division of the charges provided for in such schedule, and, in the event of the failure of said railroad companies to agree upon a division and to notify the board of such agreement, the board of railroad commissioners shall, after a hearing of the companies interested, decide the same, taking into consideranies in inter- tion the value of terminal facilities and all the circumstances of the haul, and the division so determined by the board shall, in all controversies or suits between the railroad companies interested, be prima facie evidence of a just and reasonable division of such charges. Hearingof the compa est. Unjust, and unreasonable hibited. SEC. 5. Every unjust and unreasonable charge for the charges pro- transportation of freight and cars over two or more railroads in this state is hereby prohibited and declared to be unlawful, and each and every one of the companies making such unreasonable and unlawful charges, or otherwise violating the proPunishment. visions of this act, shall be punished as provided in chapter 28 of the acts of the twenty-second general assembly for the making of unreasonable charges for the transportation of freight and cars over a single line of railroad by a single railroad company. Publication. 1 SEO. 6. This act being deemed of immediate importance, shall take effect and be in force from and after its publication in the Iowa State Register and the Des Moines Leader, newspapers published in the city of Des Moines, Iowa. Approved April 8th, 1890. I hereby certify that the foregoing act was published in the Iowa State Register April 16 and the Des Moines Leader April 12, 1890. FRANK D. JACKSON, Secretary of State. CHAPTER 18. AUTOMATIC COUPLERS AND BRAKES TO RAILWAY CARS. AN ACT Requiring all railroads, corporations, companies and per- H. F. 25. Be it enacted by the General Assembly of the State of Iowa: repaired cars safety coup forbid SECTION 1. That it shall be unlawful for any corporation, Use of new or company or person operating any line of railroad in this state, without any car manufacturers or transportation company using or lers, leasing cars, to put in use in this state any new cars or any den. cars that have been sent in to the shop or shops for general repairs, or whose draft rigging has to be repaired with a new draw bar or bars, that are not equipped with safety or antomatic couplers to draw bars, such as will not necessitate the going between the ends of the cars to couple or uncouple them, but operated from the side of the car. SEC. 2. That after January 1, 1895, it shall be unlawful All cars must for any corporation, company or persons operating a railroad, after Jan. 1. be equipped or any transportation company using or leasing cars of any 1895. description and used in the commerce of the country, or in the construction of railroads, to have upon any railroad in Iowa for use in the transportation of freight or passengers any car that is not equipped with such safety automatic coupler as provided for in Section one of this Act. must be SEC. 3. That it shall be unlawful for any corporation, com- Locomotives pany or person operating any line of railroad in this State, to equipped with use any locomotive engine upon any railroad or in any driver brakes rail- after Jan. 1, road yard in this State after the First Day of January, 1892, 1892. that is not equipped with a proper and efficient power brake, commonly called a "driver brake". tomatic pow after Jan. 1, SEC. 4. That it shall be unlawful for any corporation, All trains company or person operating a line of railroad in this state, to must have aurun any train of cars after the First Day of January, 1893, er brakes that shall not have in that train a sufficient number of cars 1893. with some kind of efficient automatic or power brakes so that the engineer upon the locomotive car can control the train without requiring brakemen to go between the ends or on the top of the cars to use, as now, the common hand brake. Companies must state in report number equipped with brakes and safety couplers. Penalty for operating contrary to law. Rights of persons injured. SEC. 5. Every railroad corporation, company or person operating a railroad in this state, and every person or persons using or leasing cars in the transportation business, or in building railroads, shall, and are by this act required to include in their annual report to the state railroad commissioners the number of locomotive engines and cars used in this state and what number is equipped with automatic power brakes and what number of cars equipped with automatic safety couplers and the kind of brakes and couplers used and the number of each kind, when more than one kind is used. SEC. 6. Any corporation, company or person operating a railroad in this state, and using a locomotive engine or running a train of cars or using any freight, way or other car, contrary to the provisions of this aet, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than Five Hundred Dollars or not more than One Thousand Dollars, for the benefit of the school fund, for each and every offense, provided the penalties on this section shall not apply to companies in hauling cars belonging to railroads other than those of this State which are engaged in interstate traffic and any railroad employee who may be injured by the running of such engine, or train or car contrary to the provisions of this law, shall not be considered as waiving his right to recover damage by continuing in the employ of such corporation, company or person running such engine or trains or cars contrary to this law. Approved April 5, 1890. CHAPTER 19. S. F. 208. Sec. 6, Chap. A. amended; $18,500. TAXES IN AID OF RAILROADS. AN ACT to amend Sections Six (6) and Seven (7) of Chapter one hundred fifty-nine (159) of the Laws of the Twentieth General Assembly of Iowa in Relation to Taxes in Aid of Railroads. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That Section Six (6) of Chapter One hundred 159, Acts 22 G. fifty-nine (159) of the Laws of the Twentieth General Assembly of Iowa be and the same is hereby amended by striking out the words "Sixteen thousand dollars" from lines twentyeight and twenty-nine thereof, and inserting in lieu of the said words stricken out the words "Eighteen thousand five hundred dollars." |