Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1873-05-21
The New Railroad Law Of Illinois.

a hi q 81
discrimination in the rates charged for the trans
portation of passengers and freights on railroads
in this State and to repeal an act entitled IAN Act
10 prevent unjust determinations and eXtorions
in the rates to be charged by the different rail-
roads in this State for the Transportation of
freights on said roads," approved April Z, A D.,
1871
SECTION 1. Be Il enacted 5y the Psopze of the
STATE OF Illinois, REPRESENTED IN the General as
Sen9biy If any railroad corporation organized or
doing business in this State under any act of in
corporation, or general law of this State now in
force, or which may hereafter be enacted. or any
railroad corporation organized or which NAV here
after be organized under the laws of any other
State, and doing business in this State shall charge
collect, demand, or rec3lve more than a fair
and reasonable rate of toll compensation, for the
transportation of passengers or freight, of any de-
scription, for the and transportation of any
railroad car upon It's track any of the branches
thereof, upon any railroad within this State
which it has the right, license, permission to use
operate, control, the same shall be deemed guilty
of extoron, and upon conviction thereof, shall be
dealt with as hereinafter provided.
SEC g IF any railroad corporation aforesaid
shall make any unjust discrimination in its rates
charges of toll, compensation for the transpor-
taton of passengers or freight of any description,
or for the use and transportation of any railroad
car upon its said road or upon any branches there
of, or upon any railroads connected Herewith,
which it has the right, license, or PERMISSION to
operate control, use, within this State, the same
SILL be deemed guilty of having violated the
shall be dealt with as hereinafter provided
SEC. 3. If any such railroad corporation shall
charge collect or receive for the TRANSFORMATION of
any passenger, or freight of any description upon
its railroad, for any distance within its State the
same, or greater amount of toll compensation
than is at the same time charged. collected re-
celved for the transportation, in the direction
for any passenger ike quantity of freight Of the
same class, over greater distance of the same
railroad; or 1t shall charge, collect or receive at
any point upon its railroad, higher rate of toll or
compensation for receiving handling or delivering
freight of the same class like quantity, then it
shall, at the time charge collect or receive at
Is Or
charge, collect receive for the transportation of
any passenger, or freight of any description, over
Its railroad greater amount as toll or Compensa-
ton than shall, at the time, be charged, col
1ected or received by it for the transportation of
any passenger or like quantity of freight of the
same class, being transported in the same direc-
non, over any portion of the same railroad of
equal distance; il it shall charge, collect
ceiVe from any person or persons, a higher or
shall at the same time, charge, collect or receive
from any other person or persons for receiving,
handling or delivering freight of the same class
and ike quantity, at the same point upon Its rail-
road if it shall charge, collect receive from
tation of any freight upon its railroad, higher or
greater rate of toll compensation than it shall,
at the same time, charge collect receive from
any other person persons, for the transportation
of the like quantity of freight of the same class
being transported from the same point, in the
same direction, over equal distances of the same
railroad; or if it shall charge, collect, receive
from any person or persons, for the and trans
pOrtatiOn Of any railroad upon its rail-
ROAD. Tor any Instance. the same a greater
amount of toll for compensation than is at the
same time charged, collected or received from any
other person or persons, for the and transpora
ton of any railroad car of the class or num-
Der, for a ike purpose, being transported in the
same direction, over greater distance of the same
railroad; or if it shall charge, collect receive
from any person or persons, for the and trans
portation of any railroad upon its rail-
road, higher greater rate of toll or compensa-
uon than it shall, Of he same time charge collect,
or receive from any other person persons for the
and transportation of any railroad car or cars
of the same class number, for like purpose be-
ing transported from the point, in the same
direction, over equal distance of the same
railroad al such discriminating rates charges col
lecdons or receipts, whether made directly, or by
means of any rebate, drawback, or other shift or
evasion, shall be deemed and taken against such
railroad corporation prima facie evidence of the
unjust determinations prohibited by the provisions
of this act, and 1t shall not be deemed sufficient
excuse or justification of such determinations on
the part of such railroad corporation that the rail-
way station or point at which they shall charge
collect or receive the same less rates of toll or
compensation for the transportation of such pas
senger or freight for the use and transportation
of such railroad the greater distance than for
the shorter distance, is railway station point
at which there exists competition with any other
railroad or means of transportation. This section
shall not be construed as to exclude other evil
dence tending to show any unjust discrimination in
freight and passenger rates The provisions of this
section shall extend and apply to any railroad, the
branches thereof, and any road or roads which any
railroad corporation has the right, license or per
mission to use, operate, or control, wholly in
ETOC2OSU,
nothing herein contained shall be so construed as
to prevent railroad corporations from issuing COM
mutation, excursion. or thousand-mile tickets, as
the now issued by such corporations.
SEC. f. Any such railroad corporation guilty of
extortion, of making any unjust discrimination
as to passenger or freight rates, or the rates for the
use and transportation of railroad cars, or in re-
Ceiving, handling, delivering freights, SHALL upon
conviction thereof, be fined in any sum not less
five thousand dollars COOS for the first ofense
and for the second ofense not less than five thou
sand dollars ($5,000) nor more than ten thousand
dollars ($000O), and for the third ofense not less
than ten thousand dollars (S100O0), nor more than
twenty thousand dollars (S20,000); and for every
subsequent ofense and conviction thereof, shall be
liable to fine of twenty-five thousand dollars
(5 000): Pro06e6, that in all cases under this act
either party shall have the right of trial by jury
Sec. 5. The fines hereinbefore provided for may
be recovered in an action of debt in the name of
the People of the State of Illinois, and there may
be several counts joined in the same declaration
as to extortion and unjust discrimination, and as
to passengers and freight rates, and rates for the
use and transportation of railroad cars, and for
receiving, handling, delivering freights. If,
upon the trial of any cause instituted under
this act, the jury shall find for the people, they
shall assess and return with their verdict the
amount of the fine to be imposed upon the defens
dant, at any sum not less than one thousand dol
lars 81 ,000), nor than five thousand dollars
(S5,0O0l and the court shall render Judgment &C
cordingy; and if the jury shall find for the people,
and that the defendant has been once before con-
vlcted of violation of the provisions of this act,
they shall return such finding with their verdict,
amount of tte fine to be imposed upon the defen-
dant at any not less than five thousand dollars
(S5,000l, more than ten thousand dollars
($10000) and the Court shall render Judgment &C.
cordngly and if the jury shall find for the people,
andsthat the defendant has been twice before con-
yicted of violation Of the provisions of this act
with respect to eXtortion unjust discrimination,
they shall return such finding with their verdict
and shall assess and return with their verdict the
amount of the fine to be imposed upon the defen-
dant, at any sum not less than ten thousand dol
lars (S100O0), nor more than twenty thousand dol
lars $50 000) and in like manner for every subse
quent ofense and conviction such defendant shall
be liable to fine of twenty thousand dollars
(S200OO) Pr0Uided, that in all under the pro-
visions of this act preponderance of evidence in
favor of the people shall be sufficient to authorize
verdict and judgment for the people,
SEC. g. If any such railroad corporation shall, in
violation of any of the provisions of this
act, ask, demand, charge, receive of any person
corporation any extOrtionate charge charges
for the transportation of any passengers, goods,
merchandise, or property, or for receiving, hand
ling, or delivering freghts, shall make any I'M
just discrimination against any person corpora
ton in its charges therefor, the person corpora
ton so offended against may, for each offense, re-
cover of such railroad corporation in any form of
action, three times the amount of the damages
sustained by the party aggrieved, together with
costs OF suit and reasonable attorneys fee, to be
fixed by the Court where the same is heard, on ap-
peal or otherwise, and taxed part of the costs of
he