The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1872-03-07
CHAPTER ls.

CHAPTER 10.
AN ACT requiring specified acts and
duties of railroad companies, and
providing certain remedies for the
enforcement ofthe same.
SECTION l. Be it enoesed, BY the
General Assembly Of ths STATE Of lora,
That all railroad Companies, their
suOCessors, assigns or lessees, that
have been, or may hereafter be incor-
porated under the laws of the State
OF Iowa, that operate, or may hereaf.
ter operate q line of railroad in this
State, terminating at or near the city
OF Council Bluff, in the State of Iowa,
and making . connection with any
railroad which, either by its charter
or otherwise, extends to q point on
the boundary, or within the limits of
the State of Iowa, DO, and they are
hereby prohibited from making any
transfer Of treights, passengers, or ex-
press matters to or with any other
by ir rsnF or s" re-
cciving the same at any other place
than in the State OF Iowa, at, or near
the said point at which the said rail-
road, extending to the boundary Of
the State of Iowa terminates.
SIC 2. Every railroad company,
it's successors, assigns, or leseees,
which, by its charter or otherwise,
has its terminus at any point on the
boundary or within tho limits OF the
State Of Iowa, or which has authority
TO brid 20 or ferry the Missouri river,
tor the pui pose of having Q contlnu.
Gus line OF its road, and for connect.
ing with other railroads in the State
of Iowa, is hereby prohibited from
making any transfer of ireights. pas
sengers, or express matters to, or
with any other railroad company,
either by delivering or receiving The
same At any otber place than in tbs
State, At, or near its legnl terminus !;
and every such company, extending
TO the boundary, or within the State
Of lows, or having the authority 10
bridge or ferry raid Missouri river,
shall erect aud ma ntain, at or near
its legal terminus, within the Limits
OF the State Of Iowa. all its depots,
stations and other buildings necessary
for auch transfer.
SEC. 3 Every railroad company,
its successors, assigns, or lessees.
which has heretofore made, or which
shall hereafter make any contract
with any mun'cipsl corporation in
this State, is hereby prohibited from.
in any manner, violating any IF the
provisions Of such contract and
every railroad company, it's success.
sor, assigns, or lessees, which has
heretofore made, or which shall here
attse 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 therein, and it is hereby made
its duty 30 to do. In every case 10
which any such municipal corpora.
ton has complied with its obligation,
relating to such contract ut any stage
Of the progress Of it's tulfillment, 40
far as it has agreed to do, such NUM-
cipal corporation shall not be re-
quired to furnish any further tender
or guarantee OF compliance On IT'D
its part; but in case any ching re.
mains to DO done by such municipal
corporation under such contract, af-
ter the completion of the same on the
part of the railroad company con-
tracing Herewith, then 1t shall, af.
ter 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 refusal of any
railroad company, its SUCCESSORS, as-
signs, or lessees to comply with the
provisions of section one of this acs,
'r it's failure to per form the duties re-
luired in the last preceding section,
y their doing, or having done, any
'ct at variance with such performance
r duties, then the municipal corpor-
ton affected thereby, or with which
be contract, in that particular case,
'as made, may, in an action by man.
anus, 10 any court of record in the
onnty in which such municipal cor
grafton is situated, proceed against ,
lch company 80 failing or refusing
I'D such company shall, on proper {
roof, DO required by such court TO
erform all tho duties required by
lis act, and the general law for the ,
,tion Of mandamus in this State, (
'ail apply in such case with the
me force that it does 10 all other
SEES in which it is applicable, except t
it is herein enlarged. c
;Ec. s. In case any municipal corpor
IN. affected as before stated, or
i:h which any such contract has
zen made, should not desire to seek
Q rem edy given in the last proceed 7
z section Of this act, it may pr q