Chap. 500.—An ACT to provide that any railroad company that has established
and maintained throughout the year, for five consecutive years, a passing
track or public side track from which it has afforded parties owning or leas-
ing warehouses or other buildings adjacent thereto, facilities tor the receipt
and shipment of their freight, in carload quantities, shall not abandon such pass-
ing track or public side track and shall not refuse to afford such parties suca
facilities without written consent of the State. corporation commiss:on, to
provide for such railroad company affording other parties like facilities: to
provide upon what rules, regulations and conditions, such facilities shall be
furnished, how and for what time the rules, regulations and conditiens
proposed by the railroad company may be suspended, the power of the State
corporation commission to fix and determine such rules, regulations and con-
ditions, how appeal taken from order of the commission and penalty tor the
violating of the provisions of the act. [S B 362}

Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That any
railroad company that has established ard maintained throughout the
vear, for five consecutive years, a passing track or public side track
from which it has afforded parties owning or leasing warehouses or
other buildings adjacent to such passing track or public side track
facilities for the receipt and shipment of their freight, in carload
quantities, over the lines of such railroad company and its connections
shall not abandon such passing track or public side track and shall not
refuse to afford parties owning or leasing warehouses or other build-
ings adjacent to such passing track or public side track, such facilities
for the receipt and shipment of their freight, without written consent
of the State corporation commission.

2. So long as such passing track or public side track is maintained.
such railroad company shall afford all other parties that may own or
lease warehouses or other buildings, now or hereafter constructed. ad-
jacent to such passing track or public side track, like facilities for the
receipt and shipment of their freight in carload quantities, over the
lines of such railroad company and its connections.

3. Such facilities shall be furnished by said railroad company upon
such rules, regulations and conditions as shall be just and reasonable,
and such railroad company shall file with the State corporation com-
mission schedules showing such rules, regulations and conditions upon
which it proposes to furnish such facilities; provided, that the com-
mission, either upon complaint or on its own motion, may suspend the
enforcement of any or all such proposed rules, regulations and condi-
tions, for a period not exceeding sixty days, during which time it
shall investigate the reasonableness or justice of the proposed rules,
regulations and conditions and thereupon an order substituting there-
for such rules, regulations and conditions, as shall be deemed just
and reasonable, and reasonable notice of such suspension and such in-
vestigation shall be given by the commission to such railroad company
and the public.

An appeal from any final finding, order or judgment of the com-
mission may be taken by any party aggrieved thereby to the supreme
court of appeals upon the same provisions as set forth in sections
thirty-seven hundred and thirty-four and thirty-seven hundred and
thirty-five of the Code of Virginia.

4. If any railroad company refuses or fails to afford the facilities
as provided in this act, it shall be punished by a fine of not less than
ten nor more than one hundred dollars for each offense and each day
such railroad company refuses or fails to afford such facilities shall
be a separate offense.