Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-03-21
CHAPTER Is.

CHAPTER Is.
AN ACT requiring specified acts and duties
of railroad companies, and providing
certain remedies for the enforcement Of
the same.
SECTION J. Be it enacted by the General
Assembly Of the State Of lows, That oil
railroad companies, their successors, AS
signs, or lessees, that have been. or may
hereafter be incorpor ated under the laws Of
the State Of Iowa, that operate. or my
hereafter operate n line of railroad in this
State, Terminating At or near the city OF
Council Bluffs, in the State Of Iva, and
making connection with any railroad
which, either by its charter or otherwise,
extends 10 point on the boundary, or
within the limits Of the State Of Iowa, be,
and they are hereby prohibited from max
ing any transfer Of freights, pas sengers, or
express matters, to or with any other rail-
,oad company. at, or near sch terminus
either by delivering or receiving the same
at any other place than in the State of
Iowa. at, or near the said point at which
the said railroad, extending to the bounda-
ry Of The State Of Iowa terminates.
SIC. ?. Every railroad company, is
successors, assigns. or essees, which, by
its charter or otherwise. has lis terminus
at any point on the boundary or within the
limits of the Safe Of Iowa, or which has
authority to bridge or ferry the Missouri
river. for The purpose of having y continu-
Gus line Of It's read, aud for connecting with
other railroads in the state of Iowa, is
hereby prohibited from making any trans
fer # creishts. passengers, OF express mat
ters to. or with any other railroad compa-
ny. either by delivering or receiving the
same ut any other place chan in this State,
al or near its legal terminus, and every
such company. extending 70 the boundary,
or within the State of Iowa, or having the
authority TO bridge or ferry said Missouri
River, shall erect aGd maintain, ut, or near
its legal terminus. within the limits of the
State Of Iowa a.. its depots, stations, aid
other buildings necessary Tor surh trans
fer.
SEC 3. Every railroad company. lis
successors, assigns. or lessees. which has
heres otore made, or which shall hereafter
make any contract with any municipal cor
poraticn in this State, is hereby prohibited
from, in any manner, violating any OF the
provisions OF such contact +; aud every
railroad company, its successors, assigns,
or les.ees which has here ofore made, or
which shall hereafter make any contract
with any municipal corporation in this
State, is hereby required to perform each
and all of the provisions Of any and every
such contract. specifically as agreed there
in, and it is hereby made its duty go to do.
In every case in which any municipa. cor
poration has complied with its obligation.
relating 10 such contract al any stage Of
The progress Of its fuliilneut. 80 far rs il
has agreed to do, such municipal corpora
ton shall. not be required to furnish any
further tender or guarantee OF compliance
on its part, in order to secure its rights in
the courts: but in case anything remains
to be done by such municipal corporal on
under such contract, after the completion
of the same on the part Of the railroad
company contracting herewith, then it
81 all, after the enforced compliance on the
part Of such company as hereinafter pro-
yided. be required to fully comply on its
SIC. 4. In case of refusal Of any rail
road company, its successors. assigns, or
lessees to comply with the provisions Of
section one of this act. or its failure to per-
form the duties required in the last pre-
ceding section, or their doing. or having
done. any act Mt variance with such per-
formanc. or duties, tn the municipal
corporation affected thereby. or Will, which
the contract, in that particular case, was
made. may, in an action of mandanus in
any court Of record in the county in which
such municipal corporation is situated.prs
coed against such company 50 fail ne or re-
fusing. and such company shall on prop
err proof, be required by such conrt to per.
form all the duties required BY this act and
the general law for the action Of mandam-
us in force in this Stare, shall apply in
such case with the same force iha: il does
in all other cases in which it j, applicable,
except as il is herein enlarged.
SIC. >. In case any municipal CORPORA
ton, affected as before stated, or with
which any such contract has been made,
should not desire to seek the remedy Civ IN
In the last precedi section Of this act, it
may proceed in equity by the action Of spe-
ciiic performance, in any court, in The
county, il which such municipal corpora.
ton is situated, having Jurisdiction in
equity, and in case ouch colrt should find
tuai contract had been made, it shall by
decree require snch company, 80 violating
or Offering to violate is contrac, or fail
ing, or refusing 10 perform The provisions
SIC. g. Any court, or Judge. in this
State, to whom application shall be made
shall at the suit Of any municipal corpora
ZION, as oresaid, restrain by Injunction,
the yiaiation Of any provisions Of this act,
or Of the provisions of any contract az
aforesaid; and in such proceeding ii shal,
not be necessary for such municipal cor
poration to give bond
SEC. I. The remedies provided for in
this act shall not be construct TO be exc!u-
sive.
SEC. g. Any order, decree, or julgme n,
made by any court, in pursuance Of any Of
the provisions of this act, shall be enforc-
ed in the usual manner.
SEC. 8. The words "railrond company,
or companies" in this act shall be CON
strued to mean also, the officers, agents, or
employees, Of such company, or compa.
nieS.
SEC. 10. This act being deemed by the
General Assembly, of immediate importance
shall take effect and be in force, from an.
after its publication in the State Register,
a newspaper published at De. Moines,
Iowa. and in the Council Bluffs Nonpariel,
a newspaper published at Council Bluffs,
Iowa.
Approved, February &c, 1872.
hereby certify that the foregoing act
was published in the Daily Iowa State
Register, February q. and in the Daily
Nonpariel, Of Council Bluffs. February 20
1872. ED WRIGHT.
Secretary Of State.
CHAPTER "a.