Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1872-03-08
CHAPTER 1S

AN ACT requiring specified acts and
duties Of railroad companies, and pro-
yiding certain remedies for the enforce
ment of the same.
Sec. l. Be 1t enacted By the General
assembly Of tie State Of Iooa, That all
railroad companies, their successors, as
signs, or lessees, that have been, or may
hereafter be incorporated under the laws
of the State Of Iowa. that operate 4 line
of railroad in this State, terminating at
or near the city of Council Bluffs, in the
State of Iowa, and making a connection
with any railroad which, either by its
charter or otherwise, extends to Il point
ON the boundary, or within the limits of
the State of Iowa, be, and they are here
by prohibited from making any transfer
of freights, passengers, or express mat
tiers, to or with any other railroad com
pany, at, or near such tcrminus-eit
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, exten ling to the
boundary of the State of Iowa tcrmi
mates.
SEC. 2. Every railroad company, its
successors, assigns, or lessees, which, by
its charter or otherwise, has its terminus
at any point on the boundary or within
the limits of the State of Iowa, or which
has authority to bridge or ferry the
Missouri river, for the purpose of having
a continuous line of its road, and for
connecting with other railroads in the
State of Iowa, is hereby prohibited from
making transfer Of freights, passengers,
or express matters to, or with any other
railroad company, either by delivering
or receiving the same ut any other place
than in this State, ut, or near its legal
terminus and every such company, ex-
tending to the boundary, or within the
State of Iowa, or having the authority
to bridge or ferry said Missouri River,
shall erect and maintain, at, or near its
legal terminus, within the limits of the
State OF Iowa, all its depots, stations, and
other buildings necessary for such trans
fer.
SEC. 3. Every railroad company, its
successors, assigns, or lessees, which
has heretofore, made, or which shall here
after make any contract with any NUM-
cipal corporation in this State, is hereby
prohibited from, IN any maner, violating
any of the provisions Of such contract !;
and every railroad company, its sncces-
sors, assigns, or lessees which has here
tofore made, or which shall hereafter
make any contract with any municipal
corporation in this State, is hereby re-
quired to perform each and all Of the
provisions Of any and every such con
tract, specifically as agreed therein, and
it is hereby made its duty so to do. In
every case in which any such municipal
corporation has complied with its obi
CATION, relating to such contract at any
stage of the progress of its fulfillmcnt, so
far as it has agreed to do, such munich
pal corporation shall not be required to
furnish any further tender or guarantee
Of compliance on it's part, in order to
secure its rights in the courts; but in
case anything remains to be done by
snch municipal corporation under such
contract, after the completion Of the same
on the part Of the railroad company. con.
tracing Herewith, then it shall. after
the enforced compliance on the part of
such company as hereinafter provided,
be required to fully comply on its part.
SEC. 4. In case Of Il refusal of any
railroad company, its successors, assigns,
or lessces to comply with the provisions
of section one of this act, or its failure
to perform the duties required in the last
preceding section, or their doing, or hay
ing done, any act Mt variance with such
performance or Duties then the munich
pal corporation affected thereby. or with
which the contract, in that particular
case, was made, may, in an action by
mandamus, in any court of record in the
county in which such municipal corpora
ton is situated, proceed against such
company so failing or refusing, and such
company shall, on proper proof, be re-
quired by such court to perform all the
duties required by this act, and the gen
eral law for the action Of mandamus in
force in this State, shall apply in such
case with the same force that it does in
all other cases in which it is applicable,
except as it is herein enlarged. 5,.
SEC 5. In case any municipal corpo
ration, affected as before stated, or with
which any such contract has been made,
should not desire to seek the remedy
given in the last preceding section OF
this act, it may proceed in equity by the
action of specific performance, in any
court, in the county, in which such mu-
nicipal corporation is situated, having
in equity, and in case such
court should find that contract had
been made, it shall by decree require
such company, so violating, or offering
to violate its contract, or failing, or re-
fusing to perform the provisions thereof,
to specifically perform the same.
SEC. 6. Any court, or judge, in this
State, to whom application shall be made,
shall Mt the suit Of any municipal cor
poration, asaforcsaid, restrain by injunc.
ton, tie violation of any provisions Of
this act, or Of the provisions Of any con.
tract rs aforesaid and in such proceed
ing it shall not be necessary for such mu-
nicipal corporation to give bond.
SEC. Z. The remedies provided for in
this act shall not be construed to be eX-
elusive
SEC. 8. Any order, decree, or judy
ment, made by any court, in pursuance
of any Of the provisions Of this act, shall
be enforced in the usual manner.
SEC. 8. The words "railroad com
paMy, or companies" in this act shall be
to mean also, the officers,
agents, or employees, Of such company
or companies. 8Ng
SEC. 10. This act being deemed by
the General Assembly. of immediate i'm
mediate importance, shall take effect and
be in force, from and after its publication