TO AMEND AND AS AMENDED TO RE-ENACT AN ACT, EN- Be it Enacted by the General Assembly of the State of Colorado: amended. Section 1. That an Act entitled "An act to regulate Title of act common carriers in this State, to create a State Railroad Commission, to prescribe and define its duties, to fix the salaries of the Commissioners and of the employes of the Commission, to prevent the imposition of unreasonable rates and charges, to prevent unjust discriminations, to secure an adequate railway service, to prevent the giving or receiving of rebates, to prescribe the mode of procedure, and the rules of evidence in relation thereto, to prescribe penalties for violations of this Act, to exercise a general supervision over the conduct and operation of common carriers, and to repeal all Acts and parts of Acts inconsistent herewith," approved March 22, 1907, be and the same is hereby amended and as amended re-enacted to read as follows: Sec. 1. That the provisions of this Act shall apply Application of to any corporation or to any person or persons who shall act. be held to be common carriers within the meaning and purpose of this Act, and to any common carrier or carriers engaged in the transportation of passengers or property by railroad from one point or place within the State to any other point or place within the State. This Act shall not apply to the ownership or operation of `street railways conducted solely as common carriers in the transportation of passengers within the limits of cities and towns. Terms defined. Charges to be reasonable. Unjust discrimination pro hibited. Sec. 2. The term "common carriers" as used in this Act shall also include express companies, private freight car lines and pipe lines. The term "railroad" as used in this Act shall include all bridges used or operated in connection with any railroad, and also all the roads in use by any corporation operating a railroad, whether owned or operated under a contract, agreement or lease; and shall also include all switches, spurs, tracks and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards and grounds used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards and grounds, used or necessary in the transportation or delivery of any of said property; and the term "transportation" shall include all cars, and all other vehicles and instrumentalities and facilities of a shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all service in connection with the receipt, delivery, elevation and transfer in transit, ventilation, refrigeration or icing, demurrage, storing or handling of property transported; and it shall be. the duty of every common carrier, subject to the provisions of this Act, to provide and furnish such transportation upon reasonable requests therefor, and to establish through routes and just and reasonable rates applicable thereto, and to provide a sufficient number of cars, and a reasonable time schedule for trains. Sec. 3. All charges made for any service rendered or to be rendered in the transportation of passengers or property, as aforesaid, or in connection therewith, shall be just and reasonable; and every unjust and unreasonable charge for such service, or any part thereof, is prohibited and declared to be unlawful. Sec. 4. That if any common carrier, subject to the provisions of this Act, shall directly or indirectly by any special rate, rebate, drawback, or any device, charge, demand, collect or receive, from any person, corporation, or persons, a greater or less compensation for any service rendered or to be rendered in the transportation of property, subject to the provisions of this Act, than it charges, demands, collects or receives from any other person, corporation, or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic, under similar circumstances and conditions, such common carrier shall be deemed guilty of an unjust discrimination, which is hereby pro hibited and declared to be unlawful. Nothing herein Exceptions shall prevent the carriage or transporting free, or at re- from applicaduced rates, of the household goods or other personal tion of this Act. property of officers, employes, agents, in the employ of such common carriers, or the interchange of franks for the free transportation of personal property of officers, agents, attorneys and employes of common carriers and their families, or for the United States, the State or any political subdivision thereof, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat. The term "em- Employes ployes" as used herein shall include furloughed, pen- defined. sioned and superannuated employes, persons who have become disabled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier and ex-employes traveling for the purpose of entering the service of any such common carrier; and the term "families" as used in this Families paragraph shall include the families of those persons named in this proviso, also the families of persons killed, and the widows during widowhood and minor children during minority, of persons who died while in the service of any such common carrier. defined. unlawful. Sec. 5. That it shall be unlawful for any common Discrimination carrier subject to the provisions of this Act, to make or of freight give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or concerning any particular description of freight traffic in any respect whatsoever, or to subject any particular person, company, firm, corporation or locality, or any particular freight traffic, to any undue or unreasonable prejudice or disadvantage in any such respect whatsoever. Provided, that perishable products Special shipand live stock may be made special shipments and handled accordingly. ments provided for. Commission. Sec. 6. That every common carrier, subject to the Schedules of provisions of this Act, shall file with the Commission rates filed with created by this Act, print and keep open to public inspec- Posted in tion, schedules showing all the rates, fares and charges depots. for transportation between points on its own route in this State, and between points on its own route and points on the route of any other common carrier by railroad, pipe line, or other vehicle in this State when a through route and joint rate have been established. If no joint rate over the through route has been established the several common carriers in such through route shall file, print and keep open to public inspection, as aforesaid, the separately established rates, fares and charges applied to the through transportation. The schedules printed, as aforesaid, by any such common carrier shall Change of rates, notice. Damages for violation of this Act, loss or injury of property. plainly state the places between which passengers or property will be carried, and shall contain the classification of freight in force, and shall also state separately all terminal charges, demurrage charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in anywise change, affect or determine part or the aggregate of any such aforesaid rates, fares and charges, or the value of the services rendered to the passenger, shipper or consignee. Such schedule shall be plainly printed in large type and copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station or office of such carrier where freight or passengers are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected. Sec. 7. No change shall be made in the rates, fares and charges, or joint rates, fares and charges, which have been filed and published by any common carrier in compliance with the requirements of this act except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares or charges will go into effect; Provided, That the Commission may in its discretion and for good cause shown, allow changes upon less than the notice herein specified, or modify the requirements of this Act in respect to publishing, posting and filing of tariffs either in particular instances or by a general order applicable to special or peculiar circumstances or conditions. The Commission may determine and prescribe the form in which the schedule required by this Act to be kept open to the public inspection, shall be prepared and arranged and may change the same from time to time as may be deemed expedient, but the form of such schedule shall conform as nearly as practicable to the forms required by the Interstate Commerce Commission. Sec. 8. That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done any act, matter or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act. Every common carrier receiving property for transportation between points within this State shall issue a receipt, or a bill of lading, |