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COMPILED CODE - Iowa Legislature - State of Iowa

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346<br />

§§ 5230-a2-5230-a7. REGULATION OP CARRIERS. Tit. XVI, Ch. 4.<br />

SEC. 5S30-a2. Application for permission to appropriate—order.<br />

1 Whenever it appears to a corporation operating a common car-<br />

2 rier that it does not have a sufficient supply <strong>of</strong> fuel to adequately<br />

3 operate its motive power for thirty days next ensuing, an application<br />

4 in writing, duly verified by its proper <strong>of</strong>ficer or employee in charge<br />

5 <strong>of</strong> motive power, setting forth the amount <strong>of</strong> fuel on hand, and the<br />

6 amount <strong>of</strong> fuel needed for that specific purpose, for the next thirty<br />

7 days, and that said corporation does not have sufficient fuel in tran-<br />

8 sit, or is unable to obtain a sufficient supply <strong>of</strong> fuel, and that unless<br />

9 permitted to take fuel in transit, the operation <strong>of</strong> its motive power<br />

10 will be materially lessened, and to be supplemented by such other facts<br />

11 and showing as may be required by said railroad commission, may in<br />

12 the discretion <strong>of</strong> such commission be permitted by written order to<br />

13 take and use such fuel in transit for the period, and in such amount<br />

14 as shall by such commission be deemed reasonable or adequate.<br />

[39G.A.,ch.285, §2.]<br />

SEC. 5230-aS. Modification <strong>of</strong> orders.<br />

1 The railroad commission in its discretion may modify or annul<br />

2 any order or orders made, without notice or additional showings.<br />

[39 G. A., ch. 285, § 3.]<br />

SEC. 5230-a4. <strong>State</strong> or public utility as consignee.<br />

1 Fuel consigned to the state <strong>of</strong> <strong>Iowa</strong>, or to a person, firm or cor-<br />

2 poration operating a public utility, shall not be included in any order<br />

3 made by the railroad commission.<br />

[39 G. A., ch. 285, § 4.]<br />

SEC. 5230-a5. Notice <strong>of</strong> application to appropriate.<br />

1 The commission in its discretion may require notice to be served<br />

2 upon the owner <strong>of</strong> fuel sought to be taken by virtue here<strong>of</strong>, the man-<br />

3 ner and form <strong>of</strong> such notice, and the time and place <strong>of</strong> the hearing, to<br />

4 be fixed by said commission.<br />

[39 G. A., ch. 285, § 5.]<br />

SEC 5230-a6. Notification <strong>of</strong> owner—payment.<br />

1 Whenever a common carrier is permitted to take fuel in transit<br />

2 by order <strong>of</strong> the railroad commission, it shall be the duty <strong>of</strong> the common<br />

3 carrier to promptly notify the owner <strong>of</strong> such taking and the owner<br />

4 there<strong>of</strong> may, at his option, accept as payment therefor, the full value<br />

5 <strong>of</strong> such fuel, plus twenty per centum <strong>of</strong> such value, to be promptly<br />

6 paid by such carrier; but if the owner does not so elect, nothing herein<br />

7 shall be construed to affect any other right or remedy.<br />

[39 G. A., ch. 285, § 6.]<br />

SEC. 5230-a7. Violation—penalty.<br />

1 Any common carrier subject to the provisions <strong>of</strong> the six preced-<br />

2 ing sections, or any director or <strong>of</strong>ficer there<strong>of</strong>, or any receiver, trustee,<br />

3 lessee, agent or employee, who alone, or with any other director, <strong>of</strong>ficer,<br />

4 receiver, trustee, lessee, agent or employee, shall wilfully take, use,<br />

5 divert or appropriate, any coal, coke or oil, or suffer or permit the<br />

6 same to be taken, shall be guilty <strong>of</strong> a misdemeanor, and upon convie-

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