The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-04-17

three timcs the amount Of damages ,us'
tanned ny the party aggrleved, t"geI"oi
with costs Of suit and reasonable at'or-
ney's fee, 10 be fixed by the court "nere
tie same ia heard, on appeal or OTHERWISE,
and taxed as part of the costs o. 'ho
case.
SEC. I. Whenever il shall come TO the
knowledge of the railroad and warehouse
commissioners, or either OF them, either
upon the complaint Of sny citizen, or
upon notice received from the attorney
general, any states attorney or county
board of any county in the state or 9TH
erwise, that any such railroad corporation
has violated the provisions Of this act
such complaint or notice being accom-
panied by the sworn statement of some
credible person, showing the facts sup
posed to constitute said violation, it shall /
be the duty of said railroad and ware /
house commissioners, when the facts IN /
the case presented to them shall, IN their /
Judgment, warrant the commencement OF
suit against such railroad corporation, to
Immediately commence suit in the county
where such violation occurred. And such
railroad and warehouse commissioners are
hereby authorized, when the facts OF the
case presented 10 them shall, in their judg-
ment, warrant the commencement OF such
action, to employ counsel to assist the at.
torney general in conducting such suit on
behalf OF the state. No such suits COM
menced by said commissioners shall be
dismissed, except said railroad and ware
house commissioners and the attorney
! general shall consent thereto.
| SIC. 2. The railroad and warehouse
| commissioners are hereby directed to
make, for each of the railroad corpora
tions doing business in this state, as soon
MS practicable, q schedule of reasonable
maximum rates Of charges for the trans
portstion of passengers and freight on
on each Of said railroads; and said sched-
ule shall, in all suits brought against any
such railroad corporations, wherein is III
any way involved the charges OF any such
railroad corporation, for the tran importation
Of any passenger or freight, or unjust dis.
| elimination in relation thereto, be deemed
and taken, in all courts OF this state as
| prima facie evidence that the rates therein
! fixed are reasonable maximum rates of
charges for the transportation OF passcng-
ers and freights upon the railroads for
which said schedules may have been re-
spectively prepared. Said commissioners
shall, from time to time, and as often as cir
cumstsnces may require, change and revise
|
| shall have been made or revised, as afore-
said i, shall be the duty of said commits
sioners to cause publication thereof to be
made for three successive weeks, in some
public newspaper published at the city Of
| Springfield, in this state. All such sched-
ules, proporting to be printed and pub
| lished Ms aforesaid, shall be received and
! held, in all such suits, as prima facie the
the schedules of said com missioners, with.
out further proof than the production of
the paper in which they we're published.
together with the certificate of the pub
| Usher of said paper, that the schedule
therein contained is n true copy Of the
schedule furnished FOR publication by SAID
| commissioners, and that it has been pub
| lished the above specified time and any
/ such paper, purporting TO have been pub
lished at said city, and TO be apubic news
paper, shall be presumed to have been so
| published at the date thereof, and TO be Il
public newspaper.
SEC. 9. All printed books and pamph-
lets purporting TO be the annual reports
| of the ''ralroad AMI warehouse commits
| sion, TO the governor, shall be- received and
held, in all the proceedings under the pro-
visions hereof, as the reports Of said COM
mission without further proof and the re-
ports of said commission are hereby made
| prima facie evidence Of tie truth of the
statements therein contained for all pur-
poses under this act.
SEC. 10, In all cases under the provi-
sion of this act, the rJles Of evidence shall
be the same as in other civil actions, eh-
cept rs herein before otherwise provided
All forfeitures recovered under the provi-
sion Of this act shall be paid into the
county treasury of the county in which
the suit is tried, by the person collecting
the same, in the manner now provided by
law, to be used for county purposes. The
remedies hereby given shall be regarded
as cumulative to the remedies now given
by law against roilroad corporations and
this act shall not be construed as repeal
! ing any statue giving such remedies.
SEC. II. The term "railroad corpora
ton" contained in this act, shall be
deemed and taken to mean all corpora
tions, companies or individuals now
owning or operating or which may mere
after own or operate any railroad, whole
or in par in this state; and the provls-
ions of this act shall apply to all persons
l Arms and companies, and to all associa
4 tons of persons, whether incorporated oil
, otherwise, that 81 all do business as com
$ mon carriers upon any of the lines of rail
e ways In this state. street railways excsp
j ted the same us to railroad corporation
: hereinbefore mentioned.
: SEC. IL. An act entitled ian act TO pre-
: vent unjust determinations and extor
j tions in this state for the transportation o
y freight on said roads, approved April
] A. ID. 1871, is hereby repealed but sucl
! repeal shall not affect nor repeal any pen
y atty incurred or right accrued under sai'
u act prior to the time this act takes effect
nor any proceedings or prosecutions t
n enforce such rights or penalties.
% SIC. Is. Whereas, an emergency eI
S, lists why this act should take effect imme
d diatsly, therefor this act shall be in fore,
n from and after its passage.