The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1873-05-22

defendant, at any sum not less than
five thousand dollaas nor more than
ten thousand dollars, and the court
shall render Judgment accordingly
and it the jury shall find for the peo.
pie that the defendant has been
twice before convicted of violation
of tho provisions Of this act, with re
spect TO extortion or unjust discrim
imatlon, they shall return such fnd.
ing with their verdict, aud shall as
sess and return with their verdict
the amount OF the fine TO be imposed
upon the defendant at any sum not
less than ten thousand dollars nor
more than twenty thousand dollars
and in like manner for every subse.
qucnt offense and conviction, such
defendent shall be liable to n fire of
twenty-five thousand dollars Pro.
vlded, that in all casos under the pro
visions of this act, preponderancc
Of evidence in favor Of the people
shall be sufficient to authorize YER.
dict aud judgment for tho people
atol esaid.
SEC. 6. II any such railroad cor.
poration shall, in violation of any Of
the provisions of this act, demand,
charge or receive Of any person or
corporation any extortlonatc charge
or charges, Tor the transportation of
any passengers, goods, merchandise
or property, or for receiving, hand.
ling or delivering freights, or shall
make any unjust discrimination
against any person or corporation in
It's charges therefor, the person or
corporation SO offended against, may
for each otfensc, recover OF such
railroad corporation, IN any form of
action, three times the amount OF
damages sustained by the aggrieved,
together with costs Of suit and a
reasonable attorneys fee, to be fixed
by the court where :he same is heard
o.: an appeal or otherwise, and to
be taxed as part of the costs of
the case.
SEE. !. 1t shall be the duty OF the
Railroad and Warehouse Comm,s.
sioners to personally investigate and
ascertain whether the provisions of
This act arc violated by any railroad
the various stations upon tho line OF
each railroad for that purpose as Of
ton as practicable; and whenever
the facts in any manner asccrtained
by said Commissioners, shall, in their
Judgment, warrant such prosecution,
it shall be the duty OF said Commits
sioners to Immediately cause suits to
be commenced and prosecuted against
any railroad corporations which may
violate the provisions OF this act.
Such suits and prosecutions may be
instituted in any county in the State,
through or into which the line Of the
railroad corporation sued for yiolat.
ing this act may extend. And such
railroad and and Warehouse Com.
missioners are hereby authorized,
when the facts of the case presented
to them, shall, in their judgment
warrant the commencement of such
action, TO employ counsel to assist
the Attorney General IN conducting
such SUIT on the part OF the State
n o suit commenced by said Commits
sioners shall be dismissed, except
said Railroad and Warehouse Com
missioners and Attorney Genera
| 6idll COiISCut tuCtClO.
SEC. 8. The Railroad and Ware
house Commissioners are hereby di
rectel to make, for each of the rail
road corporations doing business il
this State, as soon as practicable,
sch hedule of reasonable maximum
rates OF charges for the transporta
ton of passengers and freight an
cars on each OF sall railroads, an
saij schedule shall, in all suits bro
against any such ralldroad corpora
ton, wherein is in any way involve
the charges Of any such railroad col
pora;ion, for tho transportation q
any passenger, or freight, or cars, Q
unjust determination In rclalio
thereto, be doomed and taken, in a
courts Of this State, as prima taci
evidence that the rates therein fixc
arc reasonable, maximum rates {
charges tor tho transportation {
passengers and freight and cars upo
the railroads for which SAID schedul.
. may have been respectively prepa
ed. Said Commissioner shall, trol
. time to time and 50 often as circun
, stances shall require, change and r.
wise sid schedules. When sue
| 8 schedules shall have been made {
revised, as aforesaid, it shall bo Il
/. duty OF said commissioners to eau